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 § 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-5, 8-12, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oechslen (US 2023/0387753 A1), in view of Ferdinand (EP 3521584 A1).
Claim 1: Oechslen discloses a supply module (FIG.4) for a fluid circuit through which a cooling fluid is flowable, for immersion cooling of a battery of a vehicle, comprising:
a fluid equalization tank (62) for equalizing a change in volume (functional language) of the cooling fluid (paragraph [19]) in the fluid circuit (preamble – intended use; see FIG.3);
an air equalization tank (64) for absorbing air (functional language);
the fluid equalization tank (62) connected to the air equalization tank (64) in an air-conducting manner to equalize pressure differences caused by different fill levels (functional language) of the cooling fluid (paragraph [19]) in the fluid equalization tank (62); and are delimited outwardly by the housing (60).
Oechslen discloses the claimed limitations in claim 1, but fails to disclose a common housing for the fluid equalization tank and the air equalization tank; and wherein the fluid equalization tank and the air equalization tank are formed in the housing.
However, Ferdinand teaches a common housing (as shown in FIG.1 tank 100 constructing housing to contain chambers K within its volume) for the fluid equalization tank and the air equalization tank (chambers K); and wherein the fluid equalization tank and the air equalization tank (chambers K) are formed in the housing (as shown in FIG.1 tank 100) for the purpose of containing the chambers within the housing of the tank preventing from environment effects.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Oechslen to include a common housing for the fluid equalization tank and the air equalization tank; and wherein the fluid equalization tank and the air equalization tank are formed in the housing as taught by Ferdinand in order to contain the chambers within the housing of the tank preventing from environment effects.
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Claim 2: Oechslen as modified discloses the apparatus as claimed in claim 1, wherein: the fluid equalization tank (62) is defined by a first section (Ferdinand, 3a) of the housing (Ferdinand, as shown in FIG.1 tank 100 constructing housing to contain chambers K within its volume), which delimits a first space for receiving the cooling fluid to an outside;
the air equalization tank (64) is defined by a second section (Ferdinand, 3b) of the housing, which delimits a second space for absorbing air to the outside; and the first section (Ferdinand, 3a) and the second section (Ferdinand, 3b) of the housing (Ferdinand, as shown in FIG.1 tank 100 constructing housing to contain chambers K within its volume) merge integrally into each other.
Claim 3: Oechslen as modified discloses the apparatus as claimed in claim 1, wherein:
the housing (Ferdinand, as shown in FIG.1 tank 100 constructing housing to contain chambers K within its volume) includes a lower part (Ferdinand, left/right sides set as references for top/bottom of housing, relative to references 3a taken as lower part; Ferdinand, 3a) and an upper part (Ferdinand, 3b taken as upper part) formed separately from each other and connected to each other in a fluid-tight manner (in product-by-process claim, “once a product appearing to be substantially identical is found and a 35 U.S.C. 103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference” MPEP 2113. This rejection under 35 U.S.C. 103 is proper because the "even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). The combination of previous references meets the structural limitations put forth in Claim 3, wherein the final product existing after fabrication is compared to prior art for the purposes of patentability. The limitations regarding “fluid-tight manner” such as welding are drawn to method of production and not the structural aspects of the instant invention);
the fluid equalization tank (62) is formed, in sections, in the lower part (Ferdinand, 3a) of the housing (Ferdinand, 100 constructing housing within its volume) and, in sections, in the upper part (Ferdinand, 3b) of the housing (Ferdinand, 100 constructing housing within its volume); and the air equalization tank (64) is formed in the upper part (Ferdinand, 3b).
Claim 4: Oechslen as modified discloses the apparatus as claimed in claim 1, wherein:
the fluid equalization tank (62) is divided into a working chamber (65) for receiving the cooling fluid from the fluid circuit (functional language) and an overflow chamber (99) for receiving an excess of the cooling fluid from the working chamber (65); and the working chamber (65) is connected to the overflow chamber (99) such that the cooling fluid is passable from the working chamber (65) into the overflow chamber (99) but the cooling fluid is not passable from the overflow chamber into the working chamber (65).
Claim 5: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a fluid pump (91/92) for conveying the cooling fluid in the fluid circuit (intended use), wherein the fluid pump (91 or 92) is attached directly to the housing (Ferdinand, tank 100 constructing housing) and is fluidically connected to the fluid equalization tank (62).
Claim 8: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a heat exchanger (101) for cooling the cooling fluid in the fluid circuit (functional language), the heat exchanger (101) attached directly to the housing (Ferdinand, tank 100 constructing housing) and fluidically connected to the fluid equalization tank (62).
Claim 9: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a fluid filter (204) for filtering the cooling fluid in the fluid circuit (functional language), the fluid filter (204) arranged in and/or on the fluid equalization tank and fluidically connected to the fluid equalization tank (62).
Claim 10: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a dehumidifier (dehumidification apparatus 644) for absorbing water contained in the cooling fluid (functional language), the dehumidifier (644) arranged in and/or on the fluid equalization tank and fluidically connected to the fluid equalization tank (62).
Claim 11: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a fluid pump (91) fluidically connected downstream of the fluid equalization tank (62).
Claim 12: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising an air dehumidifier (dehumidification apparatus 644) and a valve (642/652), wherein: the air equalization tank (64) includes:
an air inlet (645) extending from an outside (ambient environment 61) into the air equalization tank; and an air outlet (655) extending from the air equalization tank to the outside; and the air dehumidifier (644) and the valve (642 or 652) are fluidically connected downstream of the air inlet (645).
Claim 16: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising a heat exchanger (101) fluidically connected downstream of the fluid equalization tank (62).
Claim 17: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising: a fluid pump (91 or 92) fluidically connected downstream of the fluid equalization tank (62); and a heat exchanger (101) fluidically connected downstream of the fluid pump (91 or 92).
Claim 18: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising: a fluid pump (91 or 92) fluidically connected downstream of the fluid equalization tank (62); and a fluid filter (204) fluidically connected upstream or downstream of the fluid pump (91 or 92).
Claim 19: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising: a fluid pump (91 or 92) fluidically connected downstream of the fluid equalization tank (62); and a dehumidifier (dehumidification apparatus 644) fluidically connected upstream or downstream of the fluid pump (91 or 92).
Claim 20: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising: a fluid filter (204); and a dehumidifier (dehumidification apparatus 644) fluidically connected upstream of the fluid filter (204).
Claims 6, 7, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Oechslen (US 2023/0387753 A1), in view of Ferdinand (EP 3521584 A1), and in view of Mehta (US 2023/0207926 A1).
Claim 6: Oechslen as modified further fails to disclose the fluid pump includes an impeller and a spiral housing for accommodating the impeller; and the spiral housing is integrally formed with the housing.
However, Mehta teaches the fluid pump includes an impeller (406) and a spiral housing (fluid pump 305 constructing housing within its volume; see FIG.4b) for accommodating the impeller (406); and the spiral housing (see FIG.4b) is integrally formed with the housing (taught by Ferdinand) for the purpose of providing the pumping action (paragraph [290]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Oechslen to include the fluid pump includes an impeller and a spiral housing for accommodating the impeller; and the spiral housing is integrally formed with the housing as taught by Mehta in order to provide the pumping action.
Further, concerning a spiral housing. Mehta teaches a housing, except for a spiral shape of the housing. The court held that the configuration of the claimed was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that particular configuration of the claimed was significant - Change of Shape: MPEP 2144.04.
Claim 7: Oechslen as modified discloses the apparatus as claimed in claim 6, wherein an inlet of the spiral housing (Mehta, fluid pump 305 constructing housing within its volume) of the fluid pump (91 or 92) fluidically opens into the fluid equalization tank (62) directly and/or via a feed formed in the housing into the fluid equalization tank.
Claim 14: Oechslen as modified discloses the apparatus as claimed in claim 6, wherein an outlet (Mehta, inherent) of the spiral housing (Mehta, fluid pump 305 constructing housing within its volume) of the fluid pump (91 or 92) is fluidically connected directly to an inlet (inherent) of a heat exchanger (101) attached directly to the housing (Ferdinand, 100 constructing housing within its volume).
Claim 15: Oechslen as modified discloses the apparatus as claimed in claim 7, wherein an outlet (Mehta, inherent) of the spiral housing (Mehta, fluid pump 305 constructing housing within its volume) of the fluid pump (91 or 92) is fluidically connected directly to an inlet (inherent) of a heat exchanger (101) attached directly to the housing (Ferdinand, 100 constructing housing within its volume).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Oechslen (US 2023/0387753 A1), in view of Ferdinand (EP 3521584 A1), and in view of Grey (US 2024/0133963 A1).
Claim 13: Oechslen as modified discloses the apparatus as claimed in claim 1, further comprising and a valve (642 or 652), wherein: the air equalization tank (64) includes: an air inlet (645) extending from an outside into the air equalization tank (64); and an air outlet (655) extending from the air equalization tank (64) to the outside (ambient environment 61); and the valve (642 or 652) are fluidically connected upstream of the air outlet (655).
Oechslen discloses the claimed limitations in claim 13, but fails to disclose a hydrocarbon separator.
However, Grey teaches a hydrocarbon separator (paragraph [152]: typical separator materials include microporous hydrocarbon polymers) for the purpose of permitting the exchange of ions between analyte and catholyte side of the electrochemical cell (paragraph [150]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Oechslen to include a hydrocarbon separator as taught by Grey in order to permit the exchange of ions between analyte and catholyte side of the electrochemical cell.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to Vehicle electric drive module:
Xie (US 12,320,417 B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/PAUL ALVARE/Primary Examiner, Art Unit 3763
