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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: #95, #130, #126 are not identified in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: “comprising: a refrigerant line is configured to cause” appears to be in error for --comprising: a refrigerant line --. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the recitations of the upstream point of the outdoor heat exchanger, the upstream point of the chiller unit, the upstream point of the evaporation line appear to be redundant and it is suggested to amend the claim as: “wherein, in the refrigerant line, the expansion valve is located at an upstream point of the outdoor heat exchanger, an upstream point of the chiller unit or an upstream point of an evaporation line, and the refrigerant, which passes through the expansion valve . Appropriate correction is required.
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: “electronic driving unit” (i.e. unit [for] electronic driving) in claims 1-3 and 6-13.
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.
In the case of the “electronic driving unit”, please see below under 35 U.S.C. 112(b).
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.
Limitation "accumulation unit" has NOT been interpreted as invoking 35 U.S.C. 112(f) since "accumulation unit" is modified by structural limitations. Limitation "chiller unit" has NOT been interpreted as invoking 35 U.S.C. 112(f) since "chiller unit" includes the structural modifier "chiller" prior to the generic placeholder "unit".
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 and 5-9 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.
Regarding claim 1, claim limitation “electronic driving unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Pages 9-13 discuss the “electronic driving unit” but fails to clearly link the structure, material, or acts to the “electronic driving unit”. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 1, the limitation “an electric part cooling line configured to circulate the cooling water” is unclear because “the cooling water” suggests that the cooling water is the same as the cooling water circulating in the battery cooling line. As evidenced in the disclosure (see Figure 4) the limitation will be interpreted as an electric part cooling line configured to circulate cooling water of the electric part cooling line.
Claims 5-9 are rejected as being dependent upon the rejected claim.
Claim 5 is 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 5 recites the limitations “the temperature-rise control valve” and "the temperature rise mode of the battery". There is insufficient antecedent basis for these limitations in the claim. The limitations will be interpreted as –a temperature-rise control valve” and –a temperature rise mode of the battery--.
Claim 6 is 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 6 recites the limitation "the expansion valve". However, from the disclosure it appears the “expansion valve” of claim 6 is not the same as the “expansion valve” recited in claim 1. Therefore, the expansion valve of claim 6 will be interpreted as an additional expansion valve, different from the expansion valve recited in claim 1.
Claim 7 is 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 7 recites the limitations "the battery temperature rise mode", “the electric part waste heat recovery mode”, “the waste heat”. There is insufficient antecedent basis for these limitations in the claim. The limitations will be interpreted as –a battery temperature rise mode--, –a electric part waste heat recovery mode--, and –waste heat--.
Claim 8 is 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 8 recites the limitation " the recovery of electric part waste heat". There is insufficient antecedent basis for this limitation in the claim. The limitation will be interpreted as –a recovery of electric part waste heat--.
Claim 9 is 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 9 recites the limitation "after the accumulation unit expands the refrigerant that is introduced into the accumulation unit through the expansion valve”. However, the limitation is unclear because the limitation appears to suggest the accumulation unit does not include the expansion valve, as is set forth in claim 1. To expedite prosecution, the limitation will be interpreted as “…after the accumulation unit expands the refrigerant introduced through the expansion valve…”.
Claim Rejections - 35 USC § 103
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, 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.
Claim(s) 1 and 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durrani (DE-102020111505-A1: cited by Applicant) in view of Park (KR-0159238-B1: cited by Applicant), Manning (US-5233842-A: cited by Applicant), and Rui et al. (CN 108407568: English Translation Provided by Examiner).
Regarding claim 1, Durrani discloses an integrated thermal management circuit for a vehicle (abstract), comprising:
a refrigerant line (annotated Fig A) is configured to cause a refrigerant to flow in the order of a compressor (Fig 9 compressor #1), an indoor condenser (Fig 9 internal condenser #2) of an indoor air-conditioning apparatus (Fig 9 air conditioner #7), and an outdoor heat exchanger (Fig 9 outdoor heat exchanger #4), wherein the refrigerant discharged from the outdoor heat exchanger is introduced into the compressor after passing through a chiller unit (Fig 9 combination of battery chiller #9 and powertrain chiller #15: refrigerant discharged from #4 capable of passing through #9) or an evaporator of the indoor air-conditioning apparatus (Fig 9 evaporator #5: refrigerant discharged from #4 capable of passing through #5);
a battery cooling line (Fig 9 battery coolant circuit #32) configured to circulate cooling water between a battery (Fig 9 and page 7: “The battery heat exchanger 19th has a battery heater 33 which can be operated instead of cooling to generate optimal operating conditions for the vehicle battery.”; the battery is understood to be localized at battery heat exchanger #19 and battery heater #33) and a battery radiator (Fig 9 coolant cooler #18 on line #32) or between the battery (Fig 9 battery at #19) and the chiller unit (Fig 9 #9)(coolant capable of circulating between battery (Fig 9 at #19) and #18 on line #32 or between battery (at #19) and #9 via valves #25);
an electric part cooling line (Fig 9 electric drive coolant circuit #31) configured to circulate the cooling water between an electronic driving unit (Fig 9 and page 3: “the Powertrain cooler takes heat from the components of the powertrain to cool the same”; powertrain understood to be localized at powertrain cooler #16) and an electric part radiator (Fig 9 #18 on line #31) or between the electronic driving unit (Fig 9 powertrain at #16) and the chiller unit (Fig 9 #15)(coolant capable of circulating between powertrain (at #16) and #18 on line #31 or between powertrain (at #16) and #15 via valve #26); and
an accumulation unit (Fig 9 refrigerant collector #10), which is located at an upstream point of the compressor on the refrigerant line (Fig 9 #10 is upstream of #1) and is configured to receive the refrigerant discharged from the chiller unit or the evaporator (Fig 9 #10 is capable of receiving refrigerant from chillers #9/#15 and/or evaporator #5) and provide the received refrigerant to the compressor or to expand or heat the refrigerant and provide the expanded or heated refrigerant to the compressor (Fig 9 #10 is capable of providing the received refrigerant to #1).
Durrani does not disclose the accumulation unit includes an expansion valve.
Park teaches an accumulation unit (Fig 3 combination of accumulator #4 and expansion side #3) including an expansion valve (Fig 3 expansion side #3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Durrani with wherein the accumulation unit includes an expansion valve, as taught by Park, as doing so would improve the system of Durrani by ensuring that the pressure difference between the accumulator and the compressor is adequately reduced (Park page 4: “the gas coolant at the point ‘5’ is transferred to the point ‘8’ through the bypass circuit. The point ‘5’ and point ‘8’ have a pressure difference. It should be reduced using and the primary expansion edge ‘3’).
Durrani is silent regarding the accumulation unit includes a refrigerant heater.
Manning teaches an accumulation unit (Fig 1 heated accumulator #12) including a refrigerant heater (heat transfer tube #52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Durrani where the accumulation unit includes a refrigerant heater, as taught by Manning, as doing so would improve the system of Durrani by enhancing hot gas heating and/or defrost cycles by evaporating greater quantities of liquid refrigerant which accelerates the amount of refrigerant available in the active refrigerant circuit (Manning col 1 lines 16-18).
Durrani does not disclose wherein the chiller unit includes an integrated chiller that is formed with a plurality of flow paths, and wherein the cooling water of the battery cooling line, the cooling water of the electric part cooling line, and the refrigerant of the refrigerant line are circulated through the integrated chiller through the respective independent flow paths.
Rui et al. teaches another thermal management system for a vehicle wherein the chiller unit includes an integrated chiller that is formed with a plurality of flow paths (see at least exchanger #500), and wherein the cooling water of the battery cooling line (see at least battery heat management subsystem #300), the cooling water of the electric part cooling line (see at least electrically driven cooling subsystem #400), and the refrigerant of the refrigerant line (see at least refrigerant system #200) are circulated through the integrated chiller through the respective independent flow paths (see at least heat exchanger #500 having separate lines for each of the above systems).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the thermal management system of Durrani with wherein the chiller unit includes an integrated chiller that is formed with a plurality of flow paths, and wherein the cooling water of the battery cooling line, the cooling water of the electric part cooling line, and the refrigerant of the refrigerant line are circulated through the integrated chiller through the respective independent flow paths, as taught by Rui et al., to improve the system of Durrani by allowing for reduced space requirements through use of a single heat exchanger with multiple flow paths, and improved efficiency by allowing for more direct heat exchange between the battery, electric part, and refrigeration system.
Regarding claim 5, Modified Durrani further discloses wherein the refrigerant discharged from the compressor on the refrigerant line is branched for introduction into the temperature-rise control valve which is located at an upstream point of the integrated chiller, and the temperature-rise control valve is configured to close a port for the outdoor heat exchanger in the temperature rise mode of the battery (see at least Figure 9, valve #3 which is upstream of the chiller #9/#15: port #2 of valve #3 may be closed depending on mode, thus there exists a mode meeting the claim).
Regarding claim 6, Durrani further discloses wherein, in the refrigerant line, the expansion valve is located at an upstream point of the outdoor heat exchanger, an upstream point of the chiller unit or an upstream point of an evaporation line (Durrani Fig 9 expansion device #14 located upstream of chiller #15, see interpretation under 112b), and the refrigerant, which passes through the expansion valve of the upstream point of the outdoor heat exchanger, the upstream point of the chiller unit or the upstream point of the evaporation line, is selectively expanded depending on a cooling and heating mode of the vehicle (Durrani valve #14 is capable of selectively expanding refrigerant in a cooling or heating mode, as evidenced by the embodiment of Fig 3—cooling mode and Fig 5—heating mode) .
Regarding claim 7, Durrani further discloses wherein, when the battery temperature rise mode is performed in the battery cooling line (Durrani Fig 9 and page 7: “a battery heater 33 which can be operated instead of cooling to generate optimal operating conditions for the vehicle battery”), the electric part waste heat recovery mode of the electronic driving unit is performed in the electric part cooling line, and the refrigerant line performs indoor heating through the waste heat of the electronic driving unit (Fig 9, page 8: “Thus, in the heating mode, both ambient heat is transferred via the external heat exchanger 4th and waste heat from the drive train via the drive train cooler 16 and the powertrain chiller 15th in the indoor condenser 2 provided for heating the air in the vehicle cabin”).
Regarding claim 8, Modified Durrani further discloses, wherein, when indoor heating through outdoor air heat absorption or indoor heating through the recovery of electric part waste heat of the electronic driving unit is performed (Durrani Fig 9, page 8: “Thus, in the heating mode, both ambient heat is transferred via the external heat exchanger 4th and waste heat from the drive train via the drive train cooler 16 and the powertrain chiller 15th in the indoor condenser 2 provided for heating the air in the vehicle cabin”), the accumulation unit heats the refrigerant which is introduced into the accumulation unit through the refrigerant heater (Manning Fig 1 heated accumulator #12 with heat transfer tube #52).
Regarding claim 9, Modified Durrani further discloses wherein, both indoor heating and temperature rise of the battery through electric part waste heat recovery of the electronic driving unit are performed together (Durrani is capable of increasing the temperature of the battery via heater #33 and indoor heating via condenser #2 through waste heat recovery of the powertrain, see page 8), after the accumulation unit (Durrani Fig 9 #10) expands the refrigerant that is introduced into the accumulation unit through the expansion valve (Park Fig 3 expansion side #3, capable of expanding refrigerant), and after the accumulation unit heats the expanded refrigerant through the refrigerant heater (Manning Fig 1 heated accumulator #12 with heat transfer tube #52).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763