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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “coupling/decoupling unit” in claim 1. “unit” is a generic placeholder that is coupled with functional language “coupling/decoupling” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to Fig. 3 of the drawings, the coupling/decoupling unit has a structure of plates or discs.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a heating medium circuit further comprising: at least one heating medium pump for delivering a heating medium in the heating medium circuit for cooling and/or heating a battery and/or power electronics and/or a charging device and/or a component, of an electric drive motor of the vehicle and/or for heating an interior of the vehicle, in particular by a heat exchanger”.
The extensive use of “and/or” renders the claim indefinite because it is unclear which element an alternative or addition. Also, it is unclear “of an electric drive motor” refers to “a component” or refers to the “delivering a heating medium”. “in particular” is also indefinite because it is unclear if “a heat exchanger” is required or not.
For examination purposes, the quotation above is rephrased and construed as --a heating medium circuit, further comprising: at least one heating medium pump for delivering a heating medium in the heating medium circuit for cooling and/or heating at least one of a battery, power electronics, a charging device and a component of an electric drive motor of the vehicle, and/or for heating an interior of the vehicle, by a heat exchanger--.
Claims 2-14 dependent from claim 1 are also rejected.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, Pekarsky (US 2014/0126693) discloses a thermal management system for a vehicle (Fig. 4), comprising:
a heating medium circuit (thermal management system 100, Fig. 2), further comprising: at least one heating medium pump (114,124,132) for delivering a heating medium (liquid coolant) in the heating medium circuit at least one of a battery (104), power electronics (DC-to-DC converter 72), a charging device (battery energy control module 52) and a component of an electric drive motor of the vehicle (transmission control system 30 of a motor 24 ), and/or for heating an interior of the vehicle (cabin air loop 130), by a heat exchanger (all indicated above element requires a heat exchanger to transfer heat between the liquid coolant and the respective element).
Pekarsky fails to disclose a cooling medium circuit, further comprising: a cooling medium pump for delivering a cooling medium in the cooling medium circuit for cooling a brake of the vehicle;
a heat transfer device for exchanging heat between the cooling medium in the cooling medium circuit and the heating medium in the heating medium circuit;
a coupling/decoupling unit, which is adapted to couple a rotation of a rotor of the electric drive motor and a rotation of at least one drive wheel of the vehicle in a coupling position and to decouple the rotation of the rotor and the rotation of the at least one drive wheel in a decoupling position; and
a control unit which, when the vehicle is stationary, causes the coupling/decoupling unit to be in the decoupling position, and causes the electric drive motor to rotate the rotor and to cause the brake to brake the rotation of the rotor.
Grosch (DE 102019130563 A) discloses a cooling medium circuit (a circuit having a brake 12, Fig. 6), further comprising: a cooling medium pump (50) for delivering a cooling medium (52) in the cooling medium circuit for cooling a brake (12) of the vehicle;
a heat transfer device (heat exchanger 54) for exchanging heat between the cooling medium (52) in the cooling medium circuit (the circuit having a brake 12, Fig. 6) and the heating medium (heat exchanger fluid 76) in the heating medium circuit (the circuit having a prime mover 74, Fig. 6).
Therefore, the cooling circuit to cool the brake 12 in Grosch may be added to the thermal management system 100 of Pekarsky, and the two circuits may exchange heat by the heat exchanger 54 so that the heat from braking may be reused to heat the battery or cabin when needed.
Sato (US 2014/0004987) discloses a coupling/decoupling unit (clutch C1, Fig. 1), which is adapted to couple a rotation of a rotor of the electric drive motor (rotor 38 of electric motor MG) and a rotation of at least one drive wheel (24) of the vehicle in a coupling position (when the clutch C1 is in engaged position) and to decouple the rotation of the rotor (rotor 38 of electric motor MG) and the rotation of the at least one drive wheel (24) in a decoupling position (when the clutch C1 is in released position).
The gearbox 38 connecting the motor 24 in Fig. 1 of Pekarsky may be modified to include the clutches C1, C2 and the gearing in the casing 12 of Sato to selectively choose an optimal gearing for an efficient output torque and speed of the electric motor.
However, Pekarsky, Grosch and Sato only discloses that the required structures indicated above. When the vehicle is stationary, Pekarsky as modified by Sato may have both the clutches C1 and C2 in engaged position to perform a hill hold function (paragraph 0038 of Sato). Therefore, Pekarsky, Grosch and Sato fail to disclose or make obvious the limitation in claim 1: a control unit which, when the vehicle is stationary, causes the coupling/decoupling unit to be in the decoupling position, and causes the electric drive motor to rotate the rotor and to cause the brake to brake the rotation of the rotor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FOR K LING whose telephone number is (571)272-8752. The examiner can normally be reached Monday through Friday, 8:30 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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