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 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 3, 5, 15 and 17 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 claims 3, 5, 15 and 17, in lines 4, 4, 3 and 3, respectively, it is unclear what conjunction (”and” or “or”) is intended to be claimed.
For the purpose of this examination, the claims have been interpreted to mean:
--or--.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 12-15, 18-19 and 21-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He et al. (US 2023/0076418, herein “He”).
Regarding claim 1, He discloses:
a thermal management system (10/210) for cooling or heating a vehicle component (32) (figs. 5-9) [par. 0001], wherein the thermal management system (10/210) comprises a main thermal control circuit (40/240) connected (through valve 50) to the vehicle component (32) and a secondary thermal control circuit (20/220) connected (through valve 50) to the vehicle component (32) (figs. 5-9),
wherein the thermal management system (10/210) is configured for being operated in a normal operational state by means of the main thermal control circuit (40/240) (fig. 6), or in a temporary operational state by means of the secondary thermal control circuit (20/220) (fig. 7),
wherein the thermal management system (10/210) comprises a valve unit (50), wherein the main thermal control circuit (40/240) is connected to the vehicle component (32) via the valve unit (50) in the normal operational state (fig. 6), and wherein the secondary thermal control circuit (20/220) is temporarily connected to the vehicle component (32) via the valve unit (50) in the temporary operational state (fig. 7) upon detection of a cooling requirement or a heating requirement of the vehicle component (32) [par. 0034],
wherein the thermal management system (10/210) is configured for temporarily activating the secondary thermal control circuit (20/220) for cooling or heating the vehicle component (32) in the temporary operational state (fig. 7) [par. 0034],
wherein the valve unit (50) comprises a first outlet flow port (b) and a first inlet flow port (d) connected to the vehicle component (32), wherein the valve unit (50) comprises a second inlet flow port (e) and a second outlet flow port (f) connected to the main thermal control circuit (40/240), and wherein the valve unit (50) comprises a third inlet flow port (a) and a third outlet flow port (c) connected to the secondary thermal control circuit (20/220) (figs. 5-9).
Regarding claim 2, He discloses:
the thermal management system (10/210) being configured for being operated in the temporary operational state by means of the secondary thermal control circuit (20/220) upon a boost cooling or heating requirement of the vehicle component (32) (fig. 7) [par. 0034].
Regarding claim 3, He discloses:
the thermal management system (10/210) comprising at least one sensor (209, 211) configured for detecting the boost cooling or heating requirement of the vehicle component (32), wherein the at least one sensor (209/211) is a temperature sensor connected to the vehicle component (32) [par. 0072].
Regarding claim 4, MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 4 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “the thermal management system being configured for being operated in the temporary operational state by means of the secondary thermal control circuit upon a malfunction cooling requirement of the main thermal control circuit wherein the malfunction of the main thermal control circuit is a leakage of heat transfer fluid from the main thermal control circuit or a blockage of heat transfer fluid in the main thermal control circuit” limitation, the temperature sensors as taught by He are deemed fully capable of performing such function (it is noted, it is known in the art that coolant leaks in a battery cooling plate can cause a malfunction -thermal nonuniformity- in the battery cells being cooled by the cooling plate, like He’s cooling plate 205, as it applies to figure 6, where the main thermal control circuit 40/240 is connected to the vehicle component 32 and sensors 209, 211 of component 32 or sensors of the connected main loop 40 -par. 0043- are capable to read the thermal nonuniformity).
Regarding claim 5, MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 5 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “wherein the thermal management system comprises at least one sensor configured for detecting the malfunction cooling requirement of the main thermal control circuit, wherein the at least one sensor is a pressure sensor, a temperature sensor or a flow sensor connected to the main thermal control circuit, wherein the at least one sensor is configured for detecting the leakage or blockage of the main thermal control circuit” limitations, the temperature sensors as taught by He are deemed fully capable of performing such function (it is noted, it is known in the art that coolant leaks in a battery cooling plate can cause a malfunction -thermal nonuniformity- in the battery cells being cooled by the cooling plate, like He’s cooling plate 205, as it applies to figure 6, where the main thermal control circuit 40/240 is connected to the vehicle component 32 and sensors 209, 211 of component 32 or sensors of the connected main loop 40 -par. 0043- are capable to read the thermal nonuniformity that can be cause by a coolant leak, for instance).
Regarding claim 6, He discloses:
the valve unit (50) being adapted to disconnect the secondary thermal control circuit (20/220) from fluid communication with the vehicle component (32) in the normal operational state (fig. 6), and wherein the valve unit (50) is adapted to disconnect the main thermal control circuit (40/240) from fluid communication with the vehicle component (32) in the temporary operational state (fig. 7).
Regarding claim 7, He discloses:
the thermal management system (10/210) comprising a further thermal control circuit (30/230) connected to the vehicle component (32) and to the valve unit (50) (figs. 5-9), wherein each one of the main thermal control circuit (40/240) and the secondary thermal control circuit (20/220) is connectable to the vehicle component (32) via the valve unit (50) and the further thermal control circuit (30/230) (figs. 5-9).
Regarding claim 8, He discloses:
the valve unit (50) comprising a valve body (the body of the valve, known in the art), wherein the valve body in the normal operational state is arranged in a first valve position (fig. 6) and wherein the valve body in the temporary operational state is arranged in a second valve position (fig. 7),
wherein in the first valve position (fig. 6) the second inlet flow port (e) is in fluid communication with the first outlet flow port (b) and the second outlet flow port (f) is in fluid communication with the first inlet flow port (d) (fig. 6),
wherein in the second valve position (fig. 7) the third inlet flow port (a) is in fluid communication with the first outlet flow port (b) and the third outlet flow port (c) is in fluid communication with the first inlet flow port (d) (fig. 7).
Regarding claim 9, He discloses:
in the first valve position (fig. 6) the valve body (50) being blocking fluid communication between the third inlet flow port (a) and the first outlet flow port (b) and blocking fluid communication between the third outlet flow port (c) and the first inlet flow port (d) (fig. 6),
wherein in the second valve position (fig. 7) the valve body (50) being blocking fluid communication between the second inlet flow port (e) and the first outlet flow port (b) and blocking fluid communication between the second outlet flow port (f) and the first inlet flow port (d) (fig. 7).
Regarding claim 12, He discloses:
in the normal operational state (fig. 6) the main thermal control circuit (40/240) is fully separated from the secondary thermal control circuit (20/220) by the valve unit (50) (fug. 6), and wherein in the temporary operational state (fig. 7) the secondary thermal control circuit (20/220) is fully separated from the main thermal control circuit (40/240) by the valve unit (50) (fig. 7).
Regarding claim 13, He discloses:
a method for operating a thermal management system (10/210) for cooling or heating a vehicle component (32) (figs. 5-9), wherein the thermal management system (10/210) comprises a main thermal control circuit (40/240) connected to the vehicle component (32), a secondary thermal control circuit (20/220) connected to the vehicle component (32), and a valve unit (50) (figs. 5-9) [par. 0001-0004],
wherein the valve unit (50) comprises a first outlet flow port (b) and a first inlet flow port (d) connected to the vehicle component (32), wherein the valve unit (50) comprises a second inlet flow port (e) and a second outlet flow port (f) connected to the main thermal control circuit (40/240), wherein the valve unit (50) comprises a third inlet flow port (a) and a third outlet flow port (c) connected to the secondary thermal control circuit (20/220), wherein the valve unit (50) comprises a valve body (the body of the valve, known in the art) (figs. 5-9),
wherein the thermal management system (10/210) is operated in a normal operational state (fig. 6) by means of the main thermal control circuit (40/240), or in a temporary operational state (fig. 7) by means of the secondary thermal control circuit (20/220), wherein the method comprises the steps:
arranging the main thermal control circuit (40/240) in fluid communication with the vehicle component (32) via the valve unit (50) in the normal operational state (fig. 6);
arranging the secondary thermal control circuit (20/220) temporarily in fluid communication with the vehicle component (32) via the valve unit (50) in the temporary operational state (fig. 7) upon detection of a cooling requirement or a heating requirement of the vehicle component (32) [par. 0034], and temporarily activating the secondary thermal control circuit (20/220) for cooling or heating the vehicle component (32) in the temporary operational state (fig. 7) [par. 0034],
arranging the valve body (50) in a first valve position in the normal operational state (fig. 6), wherein in the first valve position (fig. 6) the second inlet flow port (e) is in fluid communication with the first outlet flow port (b) and the second outlet flow port (f) is in fluid communication with the first inlet flow port (d) (fig. 6);
arranging the valve body (50) in a second valve position in the temporary operational state (fig. 7), wherein in the second valve position (fig. 7) the third inlet flow port (a) is in fluid communication with the first outlet flow port (b) and the third outlet flow port (c) is in fluid communication with the first inlet flow port (d) (fig. 7).
Regarding claim 14, He discloses:
operating the thermal management system (10/210) in the temporary operational state by means of the secondary thermal control circuit (20/220) upon a boost cooling or heating requirement of the vehicle component (32) (fig. 7) [par. 0034].
Regarding claim 15, He discloses:
the thermal management system (10/210) comprising at least one sensor (209, 211) configured for detecting the boost cooling or heating requirement of the vehicle component (32), wherein the at least one sensor (209/211) is a temperature sensor connected to the vehicle component (32) [par. 0072].
wherein the method further comprises the step: detecting the boost cooling or heating requirement of the vehicle component (32) by the at least one sensor (209, 211) [par. 0034, as it applies to par. 0072]
Regarding claim 18, He discloses:
disconnecting the secondary thermal control circuit (20/220) from fluid communication with the vehicle component (32) by the valve unit (50) in the normal operational state (fig. 6);
disconnecting the main thermal control circuit (40/240) from fluid communication with the vehicle component (32) by the valve unit (50) in the temporary operational state (fig. 7).
Regarding claim 19, He discloses:
blocking fluid communication between the third inlet flow port (a) and the first outlet flow port (b) and blocking fluid communication between the third outlet flow port (c) and the first inlet flow port (d) by the valve body (50) in the first valve position (fig. 6);
blocking fluid communication between the second inlet flow port (e) and the first outlet flow port (b) and blocking fluid communication between the second outlet flow port (f) and the first inlet flow port (d) by the valve body (50) in the second valve position (fig. 7).
Regarding claim 21, He discloses:
fully separating the main thermal control circuit (40/240) from the secondary thermal control circuit (20/220) by the valve unit (50) in the normal operational state (fig. 6);
fully separating the secondary thermal control circuit (20/220) from the main thermal control circuit (40/240) by the valve unit (50) in the temporary operational state (fig. 7).
Regarding claim 22, He discloses:
a vehicle comprising the thermal management system (10/210) for cooling or heating the vehicle component (32), according to claim 1 [par. 0001-0002].
Claims 1, 10-11, 13 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He.
Regarding claim 1, He discloses:
a thermal management system (10/210) for cooling or heating a vehicle component (32) (figs. 5-9) [par. 0001], wherein the thermal management system (10/210) comprises a main thermal control circuit (20/220) connected (through valve 50) to the vehicle component (32) and a secondary thermal control circuit (40/240) connected (through valve 50) to the vehicle component (32) (figs. 5-9),
wherein the thermal management system (10/210) is configured for being operated in a normal operational state by means of the main thermal control circuit (20/220) (fig. 7), or in a temporary operational state by means of the secondary thermal control circuit (40/240) (fig. 6),
wherein the thermal management system (10/210) comprises a valve unit (50), wherein the main thermal control circuit (20/220) is connected to the vehicle component (32) via the valve unit (50) in the normal operational state (fig. 7), and wherein the secondary thermal control circuit (40/240) is temporarily connected to the vehicle component (32) via the valve unit (50) in the temporary operational state (fig. 6) upon detection of a cooling requirement or a heating requirement of the vehicle component (32) [par. 0053],
wherein the thermal management system (10/210) is configured for temporarily activating the secondary thermal control circuit (40/240) for cooling or heating the vehicle component (32) in the temporary operational state (fig. 6) [par. 0053],
wherein the valve unit (50) comprises a first outlet flow port (b) and a first inlet flow port (d) connected to the vehicle component (32), wherein the valve unit (50) comprises a second inlet flow port (a) and a second outlet flow port (c) connected to the main thermal control circuit (20/220), and wherein the valve unit (50) comprises a third inlet flow port (e) and a third outlet flow port (f) connected to the secondary thermal control circuit (40/240) (figs. 5-9).
Regarding claim 10, He discloses:
the secondary thermal control circuit (40/240) comprising a storage unit (48) configured for holding a volume of heat transfer fluid [par. 0043], wherein the volume of heat transfer fluid is arranged as a thermal buffer for cooling or heating the vehicle component (32) in the temporary operational state fig. 6) (it is old and known in the art that refrigerant containers act as a buffer or reservoir for refrigerant, holding excess liquid that is not immediately needed by the evaporator, 42, in the case of He)
Regarding claim 11, He discloses:
the secondary thermal control circuit (40/240) comprising a pump (46) for circulating heat transfer fluid in the secondary thermal control circuit (40/240) to the vehicle component (32) and through the storage unit (48) in the temporary operational state (fig. 6) [par. 0043],
wherein the thermal management system (10/210) is configured for activating the pump (46) upon detection of the cooling requirement or the heating requirement of the vehicle component (32) [par. 0043].
Regarding claim 13, He discloses:
a method for operating a thermal management system (10/210) for cooling or heating a vehicle component (32) (figs. 5-9), wherein the thermal management system (10/210) comprises a main thermal control circuit (20/220) connected to the vehicle component (32), a secondary thermal control circuit (40/240) connected to the vehicle component (32), and a valve unit (50) (figs. 5-9) [par. 0001-0004],
wherein the valve unit (50) comprises a first outlet flow port (b) and a first inlet flow port (d) connected to the vehicle component (32), wherein the valve unit (50) comprises a second inlet flow port (a) and a second outlet flow port (c) connected to the main thermal control circuit (20/220), wherein the valve unit (50) comprises a third inlet flow port (e) and a third outlet flow port (f) connected to the secondary thermal control circuit (40/240), wherein the valve unit (50) comprises a valve body (the body of the valve, known in the art) (figs. 5-9),
wherein the thermal management system (10/210) is operated in a normal operational state (fig. 7) by means of the main thermal control circuit (20/220), or in a temporary operational state (fig. 6) by means of the secondary thermal control circuit (40/240), wherein the method comprises the steps:
arranging the main thermal control circuit (20/220) in fluid communication with the vehicle component (32) via the valve unit (50) in the normal operational state (fig. 7);
arranging the secondary thermal control circuit (40/240) temporarily in fluid communication with the vehicle component (32) via the valve unit (50) in the temporary operational state (fig. 6) upon detection of a cooling requirement or a heating requirement of the vehicle component (32) [par. 0034], and temporarily activating the secondary thermal control circuit (40/240) for cooling or heating the vehicle component (32) in the temporary operational state (fig. 6) [par. 0053],
arranging the valve body (50) in a first valve position in the normal operational state (fig. 7), wherein in the first valve position (fig. 7) the second inlet flow port (a) is in fluid communication with the first outlet flow port (b) and the second outlet flow port (c) is in fluid communication with the first inlet flow port (d) (fig. 7);
arranging the valve body (50) in a second valve position in the temporary operational state (fig. 6), wherein in the second valve position (fig. 6) the third inlet flow port (e) is in fluid communication with the first outlet flow port (b) and the third outlet flow port (f) is in fluid communication with the first inlet flow port (d) (fig. 6).
Regarding claim 20, He discloses:
the secondary thermal control circuit (40/240) comprising a storage unit (48 “bottle…coolant storage”) configured for holding a volume of heat transfer fluid [par. 0043], wherein the volume of heat transfer fluid is arranged as a thermal buffer for cooling or heating the vehicle component (32) in the temporary operational state fig. 6) (it is old and known in the art that refrigerant containers act as a buffer or reservoir for refrigerant, holding excess liquid that is not immediately needed by the evaporator, 42, in the case of He),
wherein the secondary thermal control circuit (40/240) comprises a pump (46) for circulating heat transfer fluid in the secondary thermal control circuit (40/240) to the vehicle component (32) and through the storage unit (48) in the temporary operational state (fig. 6) [par. 0043], wherein the method further comprises the step: activating the pump (46) upon detection of the cooling requirement or the heating requirement of the vehicle component (32) [par. 0043].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over He.
Regarding claims 16 and 17, He discloses:
operating the thermal management system (10/210) in the temporary operational state (20/220) by means of the secondary thermal control circuit (20/220) (fig. 7), but does not disclose operating the system (10/210) upon a malfunction cooling requirement of the main thermal control circuit (40/240), wherein the malfunction of the main thermal control circuit (40/240) is a leakage of heat transfer fluid from the main thermal control circuit (40/240) or a blockage of heat transfer fluid in the main thermal control circuit (40/240), as claimed in claim 16, and wherein the leakage or blockage is detected by a sensor, as claimed in claim 17.
However, He alludes to the fact that the main thermal control circuit (40/240) may include sensors, control systems and other interface electronics in order to control the environment associated with the main thermal control circuit (40/240) [par. 0043]. Therefore, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to operate the thermal management system (10/210) in the temporary operational state (20/220) by means of the secondary thermal control circuit (20/220) upon a malfunction cooling requirement of the main thermal control circuit (40/240), wherein the malfunction of the main thermal control circuit (40/240) is a leakage of heat transfer fluid from the main thermal control circuit (40/240) or a blockage of heat transfer fluid in the main thermal control circuit (40/240), and wherein the leakage would be detected by devices like the sensors, control systems and electronic interfaces disclosed by He and intended to control the environment associated with the main thermal control circuit (40/240) [par. 0043]. Further, He discloses the option of isolating the main thermal control circuit (40/240) from a loop where the secondary thermal control circuit (20/220) and the vehicle component (32) are connected in series (seen in fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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