DETAILED ACTION
Notice of Pre-AIA or AIA Status:
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Species A in the reply filed on 03/05/2026 is acknowledged. The traversal is on the ground(s) that no search burden exists. This is not found persuasive because the examination burden is not limited exclusively to a prior art search but also includes the effort required to apply the art by making and discussing all appropriate grounds of rejection. Multiple species, such as those related to structurally divergent rotary valve configurations contained within the restriction requirement, require additional reference material and further discussion for each additional invention examined. Concurrent examination of multiple species would thus involve a significant burden even if all searches were coextensive wherein the art applicable to one species would not necessarily be applicable to the other species, and vice versa. Further, in addition to classification searches, searching electronic resources and employing different search strategies or search queries also contribute to capturing prior art.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities:
The abstract of the disclosure is objected to because of legal phraseology Correction is required. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means”, “said” and “comprising” should be avoided.
Claim Objections
Claim 1 is objected to because of the following informalities: “configured to heating” in ll. 7 should be rewritten to be -- configured to heat --, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “prevented form communicating” in ll. 11 should be rewritten to be -- prevented from communicating
--, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “a first flow channel is connected the first heat exchange circuit” in ll. 25 should be rewritten to be -- a first flow channel is connected to the first heat exchange circuit--, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “prevented form communicating” in ll. 11 should be rewritten to be -- prevented from communicating--, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “prevented form communicating” in ll. 11 should be rewritten to be -- prevented from communicating--, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “prevented form communicating” in ll. 11 should be rewritten to be -- prevented from communicating--, and will be interpreted accordingly. Appropriate correction is required.
Claim Objections
Claims 1 recites the limitation "and/or". The aforementioned limitation is hereby interpreted as –or--.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-10 and 13-15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 1, “ where a claim directed to a device can be read to include the same element twice, the claim may be indefinite.” Ex parte Kristensen, 10 USPQ2d 1701 (Bd. Pat. App. & Inter. 1989). See MPEP 2173.05(o). In the present case, Claim 1 puts forth “a second fluid loop” in ll. 26 wherein it is unclear if this is the same second fluid loop previously put forth in the Claim or another distinct fluid loop.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 8-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (Translation of CN209232912U) in view of Poujol (USP 4399838A) hereinafter referred to as Song and Poujol, respectively.
Regarding Claim 1, Song discloses a thermal management system, comprising:
a first heat exchange circuit (2) and a second heat exchange circuit (1) configured for the heat exchange medium circulating therein (shown in figure 1);
a functional part (23) capable of exchanging heat with the heat exchange medium flowing in the first heat exchange circuit (shown in figure 1);
a heating module (11) connecting with the second heat exchanging circuit (shown in figure 1) and configured to heating the heat exchange medium flowing in the second heat exchange circuit (shown in figure 1);
a valve (3) connecting with the first heat exchanging circuit and the second heat exchanging circuit (shown in figure 1), the valve defining a first flow channel (shown in figure 3, being the internal flow channel within the valve (3) that closes the first circuit loop (2)) and a second flow channel (shown in figure 3, being the internal flow channel within the valve (3) that closes the second circuit loop (2)) prevented form communicating with each other inside the valve (shown in figure 3); and configured to be switched among a first work mode and a second work mode; wherein:
in response to a first work mode of the valve, the first heat exchange circuit (2) and the second heat exchange circuit (1) are connected with each other in series to form a first fluid loop (shown in figure 4);
in response to a second work mode of the valve, the first flow channel is connected with the first heat exchange circuit (2) to form a second fluid loop (shown in figure 3), at the same time, the second flow channel is connected with the second heat exchange circuit (1) to form a third fluid loop (shown in figure 3), the second fluid loop and the third fluid loop are connected in parallel and fluid isolation with each other (shown in figure 3). Song fails to disclose a third work mode, in response to a third work mode of the valve, the first heat exchange circuit and the second heat exchange circuit are connected with each other in series to form the first fluid loop, at the same time, the first flow channel is connected the first heat exchange circuit to form a second fluid loop and/or the second flow channel is connected with the second heat exchange circuit to form the third fluid loop, a flow ratio of heat exchange medium circulating in the first fluid loop to that in the second and/or third fluid loop can be adjusted by manipulation of the valve.
Pouhol, also drawn to a thermal management system for a vehicle having a valve with a first work mode (shown in 12a) and a second work mode (shown in 14a), teaches a third work mode (shown in figure 13A), in response to a third work mode of the valve (shown in figure 1), a first heat exchange circuit (16-17) and a second heat exchange circuit (18-19) are connected with each other in series to form a first fluid loop (shown in figure 13A, wherein the working fluid passes from pipes (16-18-19-17)), at the same time, a first flow channel (43) is connected the first heat exchange circuit (16-17) to form a second fluid loop (shown in figure 13A, wherein fluid travels through the by-pass (43)), a flow ratio of heat exchange medium circulating in the first fluid loop to that in the second and/or third fluid loop can be adjusted by manipulation of the valve (shown in figure 14B, wherein the flow rates are capable of being altered by the openings (41-42).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Song with a third work mode, in response to a third work mode of the valve, the first heat exchange circuit and the second heat exchange circuit are connected with each other in series to form the first fluid loop, at the same time, the first flow channel is connected the first heat exchange circuit to form a second fluid loop and/or the second flow channel is connected with the second heat exchange circuit to form the third fluid loop, a flow ratio of heat exchange medium circulating in the first fluid loop to that in the second and/or third fluid loop can be adjusted by manipulation of the valve, as taught by Pouhol, the motivation being to allow for intermediate movement of the valve that provides for partial fluid movement between the circuits, wherein the partial fluid movement allows for less than maximum heat exchange.
Regarding Claim 2, a modified Song further teaches the first heat exchange circuit (circuit fluidly connected to pipes (16-17) of Pouhol) is provided with opposite first interface end (being the end of the fluid circuit delivering fluid to the valve body of Pouhol) and second interface end (being the end of the fluid circuit removing fluid from the valve body of Pouhol);
the second heat exchange circuit (circuit fluidly connected to pipes (18-19) of Pouhol) is provided with opposite third interface end (being the end of the fluid circuit removing fluid from the valve body of Pouhol) and fourth interface end (being the end of the fluid circuit delivering fluid to the valve body of Pouhol);
the valve comprises a valve housing (10, 11 of Pouhol) and a valve core (22 of Pouhol) rotatably mounted in the valve housing;
the valve housing defines a first port (port associated with pipe (16) of Pouhol), a second port (port associated with pipe (17) of Pouhol), a third port (port associated with pipe (18) of Pouhol) and a fourth port (port associated with pipe (19)), correspondingly aligned with the first interface end, the second interface end, the third interface end, and the fourth interface end (shown in figure 1);
the first flow channel (43) and the second flow channel (57) are defined in the valve core and configured to selectively enable fluid communication among the first port, a second port, a third port and a fourth port by rotation of the valve core as regard to the valve housing (shown in figure 13A).
Regarding Claim 8, a modified Song further teaches the valve housing (10, 11 of Pouhol) is hollow cylindrical (shown in figures 12B, 13B and 14B of Pouhol), and the valve core (22 of Pouhol) is cylindrical and rotatably accommodated in the valve housing (“A cylindrical shell, designated by numeral reference 22, is rotatably mounted about its central axis 23 in the inner cylindrical space defined by the half-casings 10 and 11 when assembled to each other”, col. 2 ll. 65-68).
Regarding Claim 10, a modified Song further teaches the valve core further comprises a shaft (26) extending outwards to connecting with a driving unit (29, 30) configured to drive the valve core to rotate (“The lever 29 is driven in rotation by a cable, via a control member generally situated on the instrument board of the vehicle”, col. 3 ll. 13-16).
Regarding Claim 13, Song further discloses the functional part is a battery (23).
Regarding Claim 14, Song further discloses the heating module comprises a heating element (11) and a heat exchanger (13).
Regarding Claim 15, Song further discloses the heating element is a positive temperature coefficient ceramic (“the heating circulation loop 1 in series with a first PTC heater 11”).
Song discloses the claimed invention except for the PTC heater being ceramic. It would have been obvious to one having ordinary skill in the art at the time the invention was made to fabricate the PCT heater with ceramic, which is common and well known, since it has been held to be within the general skill of a worker in the art to select known materials on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Claims 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (Translation of CN209232912U) in view of Poujol (USP 4399838A) as applied in Claims 1-2, 8, 10 and 13-15 above and in further view of Chapman (US PG Pub. 2022/0390026A1), hereinafter referred to as Chapman.
Regarding Claim 5, Song fails to disclose the valve housing is cylindrical and the first port, the second port, the third port and the fourth port are defined in an axial end of the valve housing.
Chapman, also drawn to a valve for a thermal management system, teaches the valve housing is cylindrical (shown in figure 3) and the first port (32), the second port (32), the third port (32) and the fourth port (32, shown in figure 6) are defined in an axial end of the valve housing (shown in figure 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Song with the valve housing being cylindrical and the first port, the second port, the third port and the fourth port being defined in an axial end of the valve housing, as taught by Chapman, the motivation being to allow for a more compact valve assembly having the inlets and outlets positioned on the same side or all of the inlets/outlets being positioned on a single side and extending in a direction perpendicular to the extension of the valve core allows for less bends within a confined space.
Regarding Claim 6, a modified Song further teaches the first port (32), the second port (32), the third port (32) and the fourth port (32) are all sector-shaped (shown in figure 3 of Chapman) and arranged at intervals in the circumferential direction (shown in figure 3 of Chapman).
Regarding Claim 9, Song fails to disclose the valve further comprises a sealing member positioned between the valve core and the end plate the valve housing, the sealing member defines four openings respectively aligning with the first port, the second port, the third port and the fourth port.
Chapman, also drawn to a valve for a thermal management system, teaches the valve further comprises a sealing member (86, 100) positioned between the valve core (60,44) and the end plate the valve housing (shown in figure 3 of Chapman), the sealing member defines four openings respectively aligning with the first port, the second port, the third port and the fourth port (the openings in the sealing member align with the ports (32) as shown in figures 3 and 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Song with the valve further comprises a sealing member positioned between the valve core and the end plate the valve housing, the sealing member defines four openings respectively aligning with the first port, the second port, the third port and the fourth port, as taught by Chapman, the motivation being, regarding the sealing member, to maintain the separate flow paths thereby ensuring proper temperature control of the vehicle components, regarding the sealing member defining four openings respectively aligning with the first port, the second port, the third port and the fourth port, to allow for a more compact valve assembly having the inlets and outlets positioned on the same side of the valve or all of the inlets/outlets being positioned on a single side and extending in a direction perpendicular to the extension of the valve core allows for less bends within a confined space.
Allowable Subject Matter
Claims 3-4 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763