DETAILED ACTION
Claims 1-20 were filed with the application on 10/10/2024.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/10/2024 and 03/20/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112a
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With regard to claim 2, the phrase “a high-temperature fluid port through which high-temperature fluid enters and exits” (lines 4-5) renders the claim noncompliant with the written description requirement. The specification does not support a singular port through which high-temperature fluid enters and exits. Rather, the specification and drawings disclose two high-temperature fluid ports, with a first high-temperature fluid port in which fluid enters (port 21) and a second high-temperature fluid port in which fluid exits (port 22) (see para [0049]: The housing 20 may be provided with high-temperature fluid ports 21, 22 through which high-temperature fluid enters and exits.” And para [0051]: “The high-temperature fluid ports 21, 22 may include a first entry port 21 through which the high-temperature fluid enters and a first exit port 22 through which the high-temperature fluid exits.”) (see also Figs 6-8 showing high-temperature fluid only entering through port 21 and high-temperature fluid only exiting through port 22). There is not a singular port for both entry and exit. Did Applicant intend to state “the housing is provided with [[a]] high-temperature fluid ports through which high-temperature fluid enters and exits”? Claim 2 will be construed as such for purposes of examination.
With regard to claim 2, the phrase “a low-temperature fluid port through which low-temperature fluid enters and exits” (lines 5-6) renders the claim noncompliant with the written description requirement. The specification does not support a singular port through which low-temperature fluid enters and exits. Rather, the specification and drawings disclose two low-temperature fluid ports, with a first low-temperature fluid port in which fluid enters (port 23) and a second low-temperature fluid port in which fluid exits (port 24) (see para [0049]: low-temperature fluid ports 23, 24 through which low-temperature fluid enters and exits.” And para [0052]: “[t]he low-temperature fluid ports 23, 24 may include a second entry port 23 through which the low-temperature fluid enters and a second exit port 24 through which the low-temperature fluid exits.”) (see also Figs 6-8 showing low-temperature fluid only entering through port 23 and low-temperature fluid only exiting through port 24). There is not a singular port for both entry and exit. Did Applicant intend to state “[[a]] low-temperature fluid ports through which low-temperature fluid enters and exits”? Claim 2 will be construed as such for purposes of examination.
Dependent claims may need to be adjusted in accordance with amendments to claim 2.
Dependent claims 3-20 are rejected for being dependent upon rejected claim 2.
Claim Rejections - 35 USC § 112b
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 2-20 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.
The term “high-temperature” in claim 2 (and dependent claims) is a relative term which renders the claim indefinite. The term “high-temperature” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what temperature is required to be considered “high-temperature.” For purposes of examination, the phrase “high-temperature” will be construed as if it means that the temperature is higher than the low-temperature fluid.
The term “low-temperature” in claim 2 (and dependent claims) is a relative term which renders the claim indefinite. The term “low-temperature” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what temperature is required to be considered “low-temperature.” For purposes of examination, the phrase “low-temperature” will be construed as if it means that the temperature is lower than the high-temperature fluid.
Claim 4 recites the limitation "the first outlet port" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is not clear which port is being referred to in line 3. For purposes of examination, the phrase will be construed as if it is written as: “[[the]] a first outlet port.”
Claim 4 recites the limitation "the first inlet port" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is not clear which port is being referred to in line 4. For purposes of examination, the phrase will be construed as if it is written as: “[[the]] a first inlet port.”
Claim 4 recites the limitation "the second outlet port" in line 6. There is insufficient antecedent basis for this limitation in the claim. It is not clear which port is being referred to in line 6. For purposes of examination, the phrase will be construed as if it is written as: “[[the]] a second outlet port.”
Claim 4 recites the limitation "the second inlet port" in line 8. There is insufficient antecedent basis for this limitation in the claim. It is not clear which port is being referred to in line 8. For purposes of examination, the phrase will be construed as if it is written as: “[[the]] a second inlet port.”
With regard to claim 4, the phrase “the fluid connection port” (line 1) renders the claim indefinite. Claim 4 depends from claim 2. Claim 2 requires “a plurality of fluid connection ports” (line 6). Therefore, it is not clear which fluid connection port is being referred to in claim 4, line 1. As best understood, claim 4 will be construed as if line 1 is written as: “the plurality of fluid connection ports.”
With regard to claim 6, the phrase “the fluid connection port” (line 1) renders the claim indefinite. Claim 6 depends from claim 2. Claim 2 requires “a plurality of fluid connection ports” (line 6). Therefore, it is not clear which fluid connection port is being referred to in claim 6, line 1. As best understood, claim 6 will be construed as if line 1 is written as: “the plurality of fluid connection ports.”
With regard to claim 9, the phrase “obtained by rotating the 1-1 channel, 1-2 channel, and 1-3 channel” renders the claim confusing and, therefore, indefinite. It is not clear what is being required by this phrase. Is the claim requiring that the shapes of the 2-1, 2-2, and 2-3 channels are aligned rotationally different from that of 1-1, 1-2, 1-3 channels, or is it requiring something different? The scope is not known. For purposes of examination, the claim will be construed broadly as if the claim merely requires that the shapes of 2-1, 2-2, and 2-3 channels are rotated in some capacity from the orientation of the shapes of 1-1, 1-2, 1-3 channels.
Dependent claims 3-20 are also rejected for being dependent upon a rejected claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-12 (as far as the claims are definite and understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2022/0163132 (“Jeong”).
With regard to claim 1, Jeong discloses a fluid-controlling valve assembly comprising: a housing (10+20, para [0086], Fig 5); and a rotor (30+40, para [0086], Fig 6) installed inside the housing (10+20, see Figs 5-6) to be rotatable (paras [0097] [0107]) in accordance with air-conditioning modes (para [0002]: “the present disclosure relates to a double 6-way valve for a vehicle cooling system”), wherein the rotor (30+40) is stacked in two stages along the axial direction (para [0107]: “the lower hub 40 is stacked under the upper hub 30”) such that fluid channels (31-37, 41-47, paras [0101] [0108] [0118] [0119]) enabling fluid to flow are formed in each of a first stage (30) and a second stage (40).
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With regard to claim 2, Jeong discloses controlling the fluid entering and exiting an integrated heat exchanger (107+206 ) having a first heat exchanger portion (107 – high temperature radiator) and a second heat exchanger portion (206 – low temperature radiator), wherein the housing (10+20) is provided with a high-temperature fluid port (as best understood, ports 12+11) through which high-temperature fluid enters and exits (see Figs 5 and 10), a low-temperature fluid port (as best understood, ports 22+21) through which low-temperature fluid enters and exits (see Figs 5 and 13), and a plurality of fluid connection ports (23-26, 13-16, see Figs 10 and 13) connected to the first heat exchanger portion (107) and the second heat exchanger portion (207) for fluid flow, and the fluid channels (31-37, 41-47) selectively communicate with the high-temperature fluid port (12, 11), the low-temperature fluid port (22, 21), and the fluid connection ports (13-16, 23-26) according to rotation (shown in Figs 10-16).
With regard to claim 3, Jeong discloses that the high-temperature fluid port (as best understood) includes a first entry port (12) through which high-temperature fluid enters (as shown in Fig 10, high-temperature fluid from 107 to 12) and a first exit port (11) through which high-temperature fluid exits (as shown in Fig 10, high-temperature fluid exits from 11), and the low-temperature fluid port includes a second entry port (22) through which low- temperature fluid enters (as shown in Fig 13, low-temperature fluid from 206 enters 22) and a second exit port (21) through which low-temperature fluid exits (Fig 13 shows low-temperature fluid exiting).
With regard to claim 4, Jeong discloses that the fluid connection ports comprise: a first connection port (14) connected to the first outlet port (at circled 2, see Fig 9 and para [0090]) of the first heat exchanger portion (107) (see also Fig 10 showing 14 connected to circled 2 via 12); a second connection port (15) connected to the first inlet port (circled 1, see Fig 9 and para [0090]) of the first heat exchanger portion (107) (see Fig 10 showing 15 connected to circle 1 via 16+11) ; a third connection port (23) connected to the second outlet port (circled 8, see para [0095] and Fig 9) of the second heat exchanger portion (206) (233 connected to circled 8 via 22/41 in Fig 13); and a fourth connection port (25) connected to the second inlet port (circled 7; para [0095] and Fig 9) of the second heat exchanger portion (206) (25 connected to circled 7 via 26+21).
With regard to claim 5, Jeong discloses that the high-temperature fluid port (12, 11) is disposed in the first stage of the rotor (30) (see Figs 5 and 7) , and the low-temperature fluid port (22/21) is disposed in the second stage of the rotor (40).
With regard to claim 6, Jeong discloses that the fluid connection port further include a transport port (26) to transport fluid from one stage (40) to the other stage (30) of the rotor (30+40) (see Fig 16, para [0189]).
With regard to claim 7, Jeong discloses that the transport port (26) is a pipe (26 is considered to be a “pipe” as it is an elongated fluid pathway, shown in Fig 5 and Fig 16) connecting the first stage (30) and the second stage (40) sides of the rotor (30+40) on the outer surface of the housing (26 extends on the outer surface of 10, see Figs 5 and 6).
With regard to claim 8, Jeong discloses that a 1-1 channel (31), a 1-2 channel (32) forming a flow path to cross the 1-1 channel (31) (32 crosses 31, see Fig 7), and a 1-3 channel (34) forming a flow path to cross the 1-1 channel (31) (34 crosses 31, See Fig 7) is formed in the first stage of the rotor (30), and a 2-1 channel (42), a 2-2 channel (41) forming a flow path to cross the 2-1 channel (42) (41 crosses 42, see Fig 8), and a 2-3 channel (44) forming a flow path to cross the 2-1 channel (42) in the second stage of the rotor (40) (44 crosses 42, see Fig 8).
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With regard to claim 9, Jeong discloses that the 2-1 channel (42), 2-2 channel (41), and 2-3 channel (44) are formed in a shape (curve or arc shape) obtained by rotating the 1-1 channel, 1-2 channel, and 1-3 channel (as best understood, 2-1, 2-2 and 2-3 channels are curved/arc shapes that are rotated from the curved/arc shapes of 1-1, 1-2, 1-3 channels (see Figs 7 and 8).
With regard to claim 10, Jeong discloses that the 1-1 channel (31) is formed inside a first tube (as so broadly recited, channel 31 is a tube in that is a hollow passageway that extends through 30, see Figs 7 and 17) passing through an outer circumferential surface of the rotor (ends of channel 31 extend to outer surface of 30, see Fig 7) and the 2-1 channel (42) is formed inside a second tube (as so broadly recited, channel 42 is a tube in that is a hollow passageway that extends through 40, see Figs 8 and 17) passing through the outer circumferential surface of the rotor (end of channel 42 extends to outer surface of 40, see Fig 8) (see also Fig 6).
With regard to claim 11, Jeong discloses that the 1-2 channel (32) and the 1-3 channel (34) are formed to cross the 1-1 channel (31) perpendicularly (shown best in Fig 7, crossings are perpendicular as much as shown in the application at Fig 4) and are formed along the outside of the space that the first tube (tube formed in 30 forming 31) passes through (see Fig 7, 32 and 34 are outside space of 31 as they do not directly fluidly connect), and the 2-2 channel (41) and the 2-3 (44) channel are formed to cross the 2-1 channel (42) perpendicularly (shown best in Fig 8, crossings are perpendicular as much as shown in the application at Fig 5) and are formed along the outside of the space that the second tube (tube formed in 40 forming 42 ) passes through (41 and 44 are outside space of 42 as they do not directly fluidly connect).
With regard to claim 12, Jeong discloses that the 1-2 channel (32) and 1-3 channel (34) form a flow path in a curved shape (see Fig 7) with both ends in a shape of an elongated hole (shown in Fig 7 and Fig 6 showing holes, “elongated holes” is broad and met because holes at exterior of 30 and within 30 are elongated), and the 2-2 channel (41) and the 2-3 channel (44) form a flow path in a curved shape (shown in Fig 8) with both ends in a shape of an elongated hole (shown in Figs 8 and 6 showing holes – “elongated holes” is broad and met because holes at exterior of 40 and within 40 are elongated to form the channels).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 11 is (alternatively) rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2022/0163132 (“Jeong”).
With regard to claim 11, if it is successfully argued that Jeong is not considered to disclose that the 1-2 and 1-3 channels cross the 1-1 channel perpendicularly or that the 2-2 and 2-3 channels cross the 2-1 channel perpendicularly, the following alternative rejection is offered.
Applicant has not disclosed that having the 1-2 and 1-3 channels cross the 1-1 channel perpendicularly or the 2-2 and 2-3 channels cross the 2-1 channel perpendicularly solves any stated problem or is for any particular purpose. Moreover, it appears that any angle at which the channels cross the 1-1 channel and 2-1 channel would perform equally well as perpendicularly.
Accordingly, it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the 1-2 channel and 1-3 channel cross the 1-1 channel perpendicularly, and have the 2-2 channel and 2-3 channel cross the 2-1 channel perpendicularly because the angle of the crossing does not appear to provide any unexpected results.
Allowable Subject Matter
Claims 13-20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. Pub. No. 2006/0118066 discloses a fluid controlling rotary valve.
U.S. Pat. Pub. No. 2022/0316608 discloses a fluid controlling rotary valve.
GB 2581160 discloses a two stage rotary valve.
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753
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