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.
Claim(s) 15,16 is/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 pre-AIA the applicant regards as the invention.
Claim 15 recites the limitation "a reservoir tank" in line 2 after reciting “the reservoir tank” in line 1. It is unclear if two tanks are recited. Based on Specification and drawings, it is assumed a single “reservoir tank” is claimed.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 4-6, 10, 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Colditz (4475290).
Regarding claim 1, Colditz, discloses reservoir tank 10 that detects a level of stored fluid, comprising: a housing 10,34 forming a body of the reservoir tank and storing the fluid therein; a baffle (top wall of 12) disposed inside the housing to partition an internal space of the housing 10,34 into an upper space (space between 10 and top wall of 12) and a lower space (space with 14); and a fluid level sensor 16 that detects a level of the fluid, wherein the fluid level sensor 16 has a floating member 26 that moves upward and downward according to the level of the fluid and a sensing member 44,46 that detects the floating member, and the upward movement of the floating member is restricted by the baffle (float is limited in upward motion by top wall of 12).
Regarding the recitation of “coolant” and “water”, it is noted that “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
As to claim 2, housing 10 includes a lower housing (34 and portion of 10 at and below top wall of 12) forming a lower portion of the body of the reservoir tank and an upper housing (portion of 10 above top wall of 12) forming an upper portion of the body of the reservoir tank, and the baffle (top wall of 12) is disposed inside the housing.
As to claim 4, the sensing member 16 is installed on at least a part of an outer surface (at 28) of the lower housing (col 2 line 60-67, movable gauge element 24 engaging fitting 28 seats in the outer portion 22), and a guide 18 that guides the upward and downward movement of the floating member 26 is formed on an inner surface of the lower housing (inner surface of 34).
As to claim 5, the guide 18 is formed on the inner surface of the lower housing corresponding to a part 34 on which the sensing member 16 is installed.
As to claim 6, the guide 18 is formed to extend vertically in a height direction from the inner surface of the lower housing (at portion 34)
As to claim 10, a circumference (12 would be oval shaped with portion of top wall in contact with floor surface of 12 adjacent floor of 10) of the baffle is formed to correspond to an inner circumference (floor of both 12 and 10) of the lower housing so that the baffle is coupled to the lower housing in a height direction (through floor of 12 which is placed on top of floor of 10).
As to claim 13, the upper housing (portion of 10 above top wall of 12) is coupled to the lower housing a lower housing (34 and portion of 10 at and below top wall of 12) in a height direction.
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.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Colditz (4475290).
Colditz discloses sensor member installed on an outer surface of lower housing (at 28) but fails to disclose sensing member fitted into a bracket formed on an outer surface of the lower housing. However, Official Notice is taken that using bracket for fitting a component onto housing, for the purpose of providing a removable component fixing mechanism are widely known and notoriously old in the art. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to employ bracket for fitting component onto housing in the device of Colditz for the purpose of providing a removable component fixing mechanism as is widely known and notoriously old in the art.
Claim(s) 1-3, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wessels et al (20100206882) in view of Colditz (4475290).
Regarding claim(s) 1, Wessels discloses a reservoir tank that detects a level of stored coolant, comprising: a housing 16,20 forming a body of the reservoir tank and storing the coolant therein; a baffle 24 disposed inside the housing to partition an internal space of the housing into an upper space 22 and a lower space 18; and a coolant level sensor 52 that detects a level of the coolant.
Wessels discloses sensor 52 sensing coolant level in the lower space but fails disclose coolant level sensor as a float with sensor with upward movement restricted by baffle. Colditz, teaches reservoir tank 10 that detects a level of stored fluid, comprising: a housing 10,34 forming a body of the reservoir tank and storing the fluid therein; a baffle (top wall of 12) disposed inside the housing to partition an internal space of the housing 10,34 into an upper space (space between 10 and top wall of 12) and a lower space (space with 14); and a fluid level sensor 16 that detects a level of the fluid, wherein the fluid level sensor 16 has a floating member 26 that moves upward and downward according to the level of the fluid and a sensing member 44,46 that detects the floating member, and the upward movement of the floating member is restricted by the baffle (float is limited in upward motion by top wall of 12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wessels with a float type sensor in the lower housing as taught by Wessels in order to enable greater range of level sensing in the lower housing. The float in the lower housing would be limited in its upward movement by the barrier.
As to claim 2, the housing 16,20 includes a lower housing 16 forming a lower portion of the body of the reservoir tank and an upper housing 20 forming an upper portion of the body of the reservoir tank, and the baffle 24 is disposed inside the housing.
As to claim 3, an inlet 42 into which the coolant flows is formed in the upper housing 20, and an outlet 46 through which the coolant is discharged is formed in the lower housing 16.
As to claim 14, a mounting part 66 to be coupled to a vehicle is formed in the lower housing 16.
Claim(s) 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wessels et al (20100206882) in view of Colditz (4475290) further in view of Koshino (20100006577 ).
As to claim 15, 16 Wessels discloses coolant module 14 comprising the reservoir tank 16,20 but fails to disclose a pump that circulates coolant stored in the reservoir tank. Koshino teaches a coolant module comprising a reservoir tank 64 and pump 58 circulating coolant stored in the reservoir tank from a tank outlet.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wessels with a coolant module having a circulating pump connected to tank outlet as taught by Koshino in order to enable colling circuit flow.
The recitation “a level of the coolant of the reservoir tank is maintained to be greater than a height of the baffle” is seen as intended use. It has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). (MPEP 2113).
Allowable Subject Matter
Claim(s) 7, 8, 11, 12 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753
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