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 .
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 1-20 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-voltage” in claims 1 and 15 is a relative term which renders the claim indefinite. The term “high” 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. The Examiner notes that in further interpreting the claims, it is assumed that any electric compressor is a high-voltage electric compressor.
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.
Claims 1-6 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2013/0251557 to Ota in view of U. S. Patent Publication 2011/0017544 to Bodwell.
Referring to claim 1, Ota teaches a vehicle comprising:
a propulsion system (engine 15) (Figures 9-12; paragraphs [0027]-[0071]);
a high-voltage electric air conditioning compressor (EAC) unit (50) attached to the propulsion system (15) (Figures 9-12; paragraphs [0027]-[0071]); and
a mounting bracket assembly (51) attached to the EAC unit (50) in a manner where the EAC unit (50) is at least partially sandwiched between the mounting bracket assembly (51) and the propulsion system (15) (Figures 9-12; paragraphs [0027]-[0071]);
wherein the mounting bracket assembly (51) includes a protective shield (59) that is configured to protect the EAC unit (50) from being damaged during a collision event (Figures 9-12; paragraphs [0027]-[0071]), and
the mounting bracket assembly (51) includes an insert (62, 63) that is configured to be sandwiched between the protective shield (59) and the EAC unit (50) (Figures 9-12; paragraphs [0027]-[0071]).
Ota does not teach the insert being polymeric. Bodwell teaches a compressor comprising:
a polymeric insert (11) that is configured to be sandwiched between a protective shield (12) and an EAC unit (110, 120) (Figures 1-4A; paragraph [0019]-[0024]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make the insert from a polymeric material, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 2, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, and Ota further teaches a vehicle wherein:
the protective shield (59) and the insert (62, 63) are each configured to thermally shield the EAC unit (50) (Figures 1-4A; paragraph [0019]-[0024], wherein the shield and the inserts are capable of reflecting heat and therefore configured to shield the EAC).
Referring to claim 3, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, but Ota does not teach the inserts 62, 63 being polymeric. Bodwell further teaches a compressor wherein:
the polymeric insert (11) is configured to attenuate noise generated by the EAC unit (110, 120) (Figures 1-4A; paragraph [0019]-[0024]).
Referring to claim 4, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, and Ota further teaches a vehicle wherein:
the protective shield (59) includes a first end, an opposite second end, and a primary panel that extends between and is unitary with each of the first end and opposite second end (Figures 9-12, Fig. 10 annotated below; paragraphs [0027]-[0071]).
[AltContent: textbox (Primary Body)][AltContent: arrow][AltContent: textbox (First End Section)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Upstanding Tab)][AltContent: arrow][AltContent: textbox (Second End Section)][AltContent: textbox (Elongated Tab)][AltContent: textbox (First Connection Arm)][AltContent: arrow][AltContent: textbox (First End)][AltContent: arrow][AltContent: textbox (Second Connection Arm)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Primary Panel)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second End)]
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Annotation of Ota Figure 10.
Referring to claim 5, Ota and Bodwell teach a vehicle comprising all the limitations of claim 4, as detailed above, and Ota further teaches a vehicle wherein:
a first connection arm that is configured to attach the mounting bracket assembly (51) to the propulsion system (15) is attached to an upper edge of the primary panel and a second connection arm that is configured to attach the mounting bracket assembly (51) to the propulsion system (15) is attached to a lower edge of the primary panel (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Referring to claim 6, Ota and Bodwell teach a vehicle comprising all the limitations of claim 5, as detailed above, and Ota further teaches a vehicle wherein:
the first connection arm includes an upstanding tab attached thereto having a first through-hole (32A) configured for receipt of a first fastener (14) and the second connection arm includes an elongated tab having at least one second through-hole (32A) configured for receipt of a second fastener (14) (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Referring to claim 10, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, but Ota does not teach the inserts 62, 63 being polymeric. Bodwell further teaches a compressor wherein:
the polymeric insert (11) is formed of a polymeric foam (Figures 1-4A; paragraph [0019]-[0024]).
Referring to claim 11, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, and Ota further teaches a vehicle comprising:
an exhaust treatment component (an inherent component of the vehicle propulsion system disclosed by Ota) positioned proximate (anywhere in the vehicle is proximate) the EAC unit (50), wherein the mounting bracket assembly (51) is configured to thermally shield the EAC unit (50) from heat generated by the exhaust treatment component (Figures 1-4A; paragraph [0019]-[0024], wherein the shield and the inserts are capable of reflecting heat and therefore configured to thermally shield the EAC).
Referring to claim 12, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, including wherein Ota teaches the protective shield (59) (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]) and Bodwell further teaches wherein:
the protective shield (12) includes an opening (15, 18) and the polymeric insert (11) includes a recess that corresponds to an inlet or an outlet of the EAC unit (110, 120) (Figures 1-4A; paragraph [0019]-[0024]).
Referring to claim 13, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, and Ota further teaches a vehicle wherein:
the protective shield (59) is formed of a rigid metal material (Figures 9-12; paragraphs [0027]-[0071]).
Referring to claim 14, Ota and Bodwell teach a vehicle comprising all the limitations of claim 1, as detailed above, and Ota further teaches a vehicle wherein:
the insert (62, 63) includes a first end section, an opposite second end section, and a primary body that extends between and is unitary with each of the first end section and opposite end section (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Ota does not teach the insert being polymeric. Bodwell teaches a compressor comprising:
a polymeric insert (11) (Figures 1-4A; paragraph [0019]-[0024]).
Referring to claim 15, Ota teaches a vehicle comprising:
an internal combustion engine (15) (Figures 9-12; paragraphs [0027]-[0071]);
an exhaust treatment component (an inherent component of the vehicle propulsion system disclosed by Ota) in communication with the internal combustion engine (15) (Figures 9-12; paragraphs [0027]-[0071]);
a high-voltage electric air conditioning compressor (EAC) unit (50) attached to the internal combustion engine (15) at a location proximate (anywhere in the vehicle is proximate) the exhaust treatment component (Figures 9-12; paragraphs [0027]-[0071]); and
a mounting bracket assembly (51) attached to the EAC unit (50) in a manner where the EAC unit (50) is at least partially sandwiched between the mounting bracket assembly (51) and the internal combustion engine (15) (Figures 9-12; paragraphs [0027]-[0071]);
wherein the mounting bracket assembly (51) includes a protective shield (59) that is configured to protect the EAC unit (50) from being damaged during a collision event (Figures 9-12; paragraphs [0027]-[0071]),
the mounting bracket assembly (51) includes an insert (62, 63) that is configured to be sandwiched between the protective shield (59) and the EAC unit (50) (Figures 9-12; paragraphs [0027]-[0071]); and
the protective shield (59) and the insert (62, 63) are each configured to thermally shield the EAC unit (50) from heat generated by the exhaust treatment component, and the insert (62, 63) is configured to attenuate noise generated by the EAC unit (50) during operation thereof (Figures 1-4A; paragraph [0019]-[0024], wherein the shield and the inserts are capable of reflecting heat and noise, and therefore configured to shield the EAC and attenuate noise generated thereby as claimed).
Ota does not teach the insert being polymeric. Bodwell teaches a compressor comprising:
a polymeric insert (11) that is configured to be sandwiched between a protective shield (12) and an EAC unit (110, 120) and configured to attenuate noise generated by the EAC unit (110, 120) (Figures 1-4A; paragraph [0019]-[0024]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make the insert from a polymeric material, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 16, Ota and Bodwell teach a vehicle comprising all the limitations of claim 15, as detailed above, and Ota further teaches a vehicle wherein:
the protective shield (59) includes a first end, an opposite second end, and a primary panel that extends between and is unitary with each of the first end and opposite second end (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Referring to claim 17, Ota and Bodwell teach a vehicle comprising all the limitations of claim 16, as detailed above, and Ota further teaches a vehicle wherein:
a first connection arm that is configured to attach the mounting bracket assembly (51) to the propulsion system (15) is attached to an upper edge of the primary panel and a second connection arm that is configured to attach the mounting bracket assembly (51) to the propulsion system (15) is attached to a lower edge of the primary panel (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Referring to claim 18, Ota and Bodwell teach a vehicle comprising all the limitations of claim 17, as detailed above, and Ota further teaches a vehicle wherein:
the first connection arm includes an upstanding tab attached thereto having a first through-hole (32A) configured for receipt of a first fastener (14) and the second connection arm includes an elongated tab having at least one second through-hole (32A) configured for receipt of a second fastener (14) (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Referring to claim 19, Ota and Bodwell teach a vehicle comprising all the limitations of claim 15, as detailed above, and Ota further teaches a vehicle wherein:
the insert (62, 63) includes a first end section, an opposite second end section, and a primary body that extends between and is unitary with each of the first end section and opposite end section (Figures 9-12, Fig. 10 annotated above; paragraphs [0027]-[0071]).
Ota does not teach the insert being polymeric. Bodwell teaches a compressor comprising:
a polymeric insert (11) (Figures 1-4A; paragraph [0019]-[0024]).
Referring to claim 20, Ota and Bodwell teach a vehicle comprising all the limitations of claim 15, as detailed above, but Ota does not teach the inserts 62, 63 being polymeric. Bodwell further teaches a compressor wherein:
the polymeric insert (11) is formed of a polymeric foam (Figures 1-4A; paragraph [0019]-[0024]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2013/0251557 to Ota in view of U. S. Patent Publication 2011/0017544 to Bodwell and U. S. Patent 4,998,035 to Jensen.
Referring to claim 7, Ota and Bodwell teach a vehicle comprising all the limitations of claim 6, as detailed above, but do not teach a first clip. Jensen teaches a compressor wherein:
an upstanding tab (24) includes a first aperture (56, 60) configured for receipt of a first clip (84, 96, 104) (Figures 1-10; col. 3 line 28 – col. 5 line 3).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the vehicle taught by Ota with the clip taught by Jensen in order to secure the lead wires for the motor (Jensen col. 3 line 28 – col. 5 line 3).
Allowable Subject Matter
Claims 8 and 9 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. The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach a vehicle comprising all the limitations of claims 1 and 4-8, but more specifically a vehicle comprising a strut attached to the first end of the protective shield, the strut having a second aperture configured for receipt of a second clip.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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