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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18819702 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are anticipated by the claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hirabayashi (US202201281290A1) teaches a thermal management system (Fig. 2, reproduced below) for a vehicle, the thermal management system comprising: a fluid transfer device (30) configured to perform a heat pump function of exchanging heat with at least one vehicle part to selectively recover waste heat of the at least one vehicle part (battery 11) and discharging air into a vehicle interior to perform indoor heating (via 34), the fluid transfer device including a power consumption unit (32) configured to consume power for performing the heat pump function; and a control unit (ECU) configured to control the fluid transfer device based a control value that allows the fluid transfer device to create a target discharge air temperature (target ejection temperature – (¶[0032]) for indoor heating while consuming minimum power through the power consumption unit for recovering the waste heat of the at least one vehicle part.
Hirabayashi does not teach control the fluid transfer device based on an optimal control value derived using a control model for a predicted state value according to a current state value, wherein the optimal control value is a control value that allows the fluid transfer device to create a target discharge air temperature for indoor heating while consuming minimum power through the power consumption unit and satisfying a constraint for recovering the waste heat of the at least one vehicle part.
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Fig. 2 of Hirabayashi
Lu (CN115071367A) teaches a thermal management system (see Fig. 1, reproduced below) for a vehicle, the thermal management system comprising: a fluid transfer device (heat pump w/ condenser 8 and chiller 7) configured to perform a heat pump function of exchanging heat with at least one vehicle part to selectively recover waste heat of the at least one vehicle part (battery 6 or system 4) and discharging air into a vehicle interior to perform indoor heating (via core 10), the fluid transfer device including a power consumption unit (at least pump 1) configured to consume power for performing the heat pump function; and a control unit (controller – claim 1) configured to control the fluid transfer device based on an optimal control value derived using a control model for a predicted state value according to a current state value (consumption optimization, prediction module – claim 1).
Lu does not teach wherein the optimal control value is a control value that allows the fluid transfer device to create a target discharge air temperature for indoor heating while consuming minimum power through the power consumption unit and satisfying a constraint for recovering the waste heat of the at least one vehicle part.
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Fig. 1 of Lu
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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