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 .
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.
Response to Amendment
The Amendment filed on 4 June 2026 has been entered. Claims 1-15 remain pending in the application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al (US 9803764) in view of Kawada et al (US 20210086588).
Regarding Claim 15, Chang et al disclose a method of assembling a coolant distributor valve, comprising:
arranging a temperature sensor (50 generally);
inserting a shaft (25) of a rotary valve (20) into the electronics portion (within 45) and aligning the temperature sensor with an aperture in the rotary valve (the top of the valve 20 as seen in the orientation of Figure 4);
securing a valve body portion (10) to the electronics portion and over the rotary valve (Figure 4), the valve body portion (10) having multiple fluid ports respectively providing multiple fluid passages (at least passages 16, 17 and 18 with relevant ports), wherein the rotary valve includes multiple fluid openings (21 and 22) configured to be arranged relative to the multiple fluid passages in multiple flow positions (Figure 4),
but fails to expressly disclose arranging a temperature sensor connected to a printed circuit board (PCB) into an electronics portion.
Kawada et al teach a coolant valve (Figure 2) with a printed circuit board (PCB) (45) arranged in the electronics portion (40), the temperature sensor (46a) connected to the PCB (via 46x) into the electronics portion (Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coolant valve of Chang et al with the PCB and electronics as taught by Kawada et al for the advantage of combining prior art elements according to known methods (the electronics of Kawada et al within the system of Chang et al) to yield predictable results (to power and control the sensor of the valve).
Allowable Subject Matter
Claims 1-14 are allowed.
Claim 1 is indicated as allowed for claiming, along with the entirety of the claim limitations, “the rotary valve includes a floor extending to and joining a peripheral wall to provide a valve cavity … the rotary valve includes an aperture arranged in the floor radially inward from the multiple fluid openings … a temperature sensor aligned with the aperture in each of the multiple flow positions”. This limitation is neither anticipated by, nor rendered obvious over, the prior art of record.
Claim 9 is indicated as allowed for claiming, along with the entirety of the claim limitations, “the rotary valve includes an aperture arranged radially inward from the multiple fluid openings, wherein the aperture is an arcuate slot; and a temperature sensor aligned with the aperture in each of the multiple flow positions”. This limitation is neither anticipated by, nor rendered obvious over, the prior art of record.
Response to Arguments
Applicant’s amendments to Claim 1 overcome the current prior art reference and is indicated allowable as discussed above.
Applicant's arguments, filed 4 June 2026, directed to the rejection of Claim 15 have been fully considered but they are not persuasive.
Applicant argues that it would not have been obvious to modify Chang et al to provide the printed circuit board of Kawada et al.
Applicant argues that substituting Kawada et al’s electronics would change the principle of operation of the valve of Chang et al, since the valve of Chang et al would not be able to conduct the intended fail safe function. However, the fail safe function of Chang et al allows the valve to close in the event of a temperature change, a function that would remain and still function with the valve as modified by Kawada et al to provide an electronically controlled sensor. The sensor itself would still sense the temperature of the fluid and would still actuate the valve as necessary based on the output of the sensed condition of the fluid. Therefore, this argument is unpersuasive.
Applicant further argues that modifying Chang et al to incorporate the electronics of Kawada et al would render the valve of Chang et al unsatisfactory for it’s intended purpose. Applicant argues that Chang et al’s intended purpose is to provide reliable valve operation in the event of a failure. However, even when modified by the electronics of Kawada et al, Chang et al would continue to function to operate the valve in the event of a failure while allowing power and control to the valve via the PCB as taught by Kawada et al. This function of the sensor of Chang et al would not cease with the modification of the PCB of Kawada et al. Therefore, this argument is unpersuasive.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
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