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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/13/2025 was filed on or after the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-17 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 Claim 1, the recitation of “…an air conditioning device including at least one refrigerant line, a compressor, at least one condenser, at least one expansion valve, and an evaporator; and at least one cooling apparatus configured to circulate at least one coolant in at least one coolant line to control a temperature of an autonomous driving controller; wherein the air conditioning device further comprises at least one chiller connected to each of the at least one refrigerant line and the at least one coolant line to control a temperature of a battery module or the autonomous driving controller and to exchange heat between a refrigerant and the at least one coolant,” renders the claim unclear.
It is claimed that the autonomous driving controller is disposed in the one coolant line, therefore it is unclear how the one coolant line can control a temperature of a battery module and/or the autonomous driving controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation has been interpreted as - - an air conditioning device including at least one refrigerant line, a compressor, at least one condenser, at least one expansion valve, and an evaporator; and at least one cooling apparatus configured to circulate at least one coolant in at least one coolant line to control a temperature of an autonomous driving controller; wherein the air conditioning device further comprises at least one chiller connected to each of the at least one refrigerant line and the at least one coolant line to control a temperature of
Regarding Claim 2, the recitation of “…a first cooling apparatus configured to circulate a first coolant in a first coolant line to control a temperature of an electrical component; a second cooling apparatus configured to circulate a second coolant in a second coolant line to control the temperature of the battery module; and a third cooling apparatus configured to circulate a third coolant in a third coolant line to control the temperature of the autonomous driving controller and a third cooling apparatus configured to circulate a third coolant in a third coolant line to control the temperature of the autonomous driving controller,” renders the claim unclear.
For example, it is unclear if the recited “a first coolant line” is an additional first coolant line or the aforementioned ‘first coolant line’ recited in claim 1. Additionally, it is unclear if the recited “a first coolant apparatus” is an additional first coolant apparatus or the aforementioned ‘at least one cooling apparatus.’ As the claim goes on to recite “a second coolant line” and a “second cooling apparatus” it appears that the system has three coolant circuits.
Also, the recitation of “…and a third cooling apparatus configured to circulate a third coolant in a third coolant line to control the temperature of the autonomous driving controller,” appears to be redundant.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation has been interpreted as - - a third cooling apparatus configured to circulate a third coolant in a third coolant line to control a temperature of an electrical component; a second cooling apparatus configured to circulate a second coolant in a second coolant line to control the temperature of the battery module;
Regarding Claim 3, the recitation of “…wherein: the electrical component is provided on the first coolant line; the battery module is provided on the second coolant line; and the autonomous driving controller is provided on the third coolant line,” renders the claim unclear.
For example, there is inconsistency between components and respective coolant lines. Claim 1 for example dictates the autonomous driving controller being in the first coolant line and claim 3 recites a contrary scenario.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Please amend for clarity.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meitinger et al. (US2014/0331693) in view of Straub (US2020/0198440).
Regarding Claim 1, Meitinger teaches a heat pump system for a vehicle [0018; fig 1], the heat pump system comprising:
an air conditioning device including at least one refrigerant line [by inspection], a compressor [32], at least one condenser [34], at least one expansion valve [36], and an evaporator [38; 0020; fig 1]; and
at least one cooling apparatus [10] configured to circulate at least one coolant in at least one coolant line to control a temperature of power electronics [0018-0022; fig 1];
wherein the air conditioning device further comprises at least one chiller [42] connected to each of the at least one refrigerant line and the at least one coolant line to control a temperature of the power electronics and to exchange heat between a refrigerant and the at least one coolant [0018-0022; fig 1];
wherein among the at least one refrigerant line, one refrigerant line connected to the at least one chiller is disposed in parallel with the at least one refrigerant line connected to the evaporator [0018-0022; fig 1]; and
wherein the at least one chiller [42] is positioned between the at least one condenser and the compressor through one of the at least one refrigerant line based on a flow direction of the refrigerant [0018-0022; fig 1].
Meitinger does not explicitly teach where the electrical component is an autonomous driving controller.
However, Straub teaches a cooling device designed to cool a control unit for a vehicle [0006] having where an electrical component is an autonomous driving controller [0007; 0012; claim 5] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. for the obvious advantage of dissipating heat from the component [0012].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Meitinger to have where the electrical component is an autonomous driving controller in view of the teachings of Straub where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. for the obvious advantage of dissipating heat from the component.
Allowable Subject Matter
Claim 2 is 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,251,987, hereinafter “the 987 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because the recited claims and the 987 Patent both recite the following:
Regarding Claim 1, the 987 Patent teaches a heat pump system for a vehicle, the heat pump system comprising:
an air conditioning device including at least one refrigerant line, a compressor, at least one condenser, at least one expansion valve, and an evaporator; and at least one cooling apparatus configured to circulate at least one coolant in at least one coolant line to control a temperature of an autonomous driving controller; wherein the air conditioning device further comprises at least one chiller connected to each of the at least one refrigerant line and the at least one coolant line to control a temperature of a battery module or the autonomous driving controller and to exchange heat between a refrigerant and the at least one coolant; wherein among the at least one refrigerant line, one refrigerant line connected to the at least one chiller is disposed in parallel with the at least one refrigerant line connected to the evaporator; and wherein the at least one chiller is positioned between the at least one condenser and the compressor through one of the at least one refrigerant line based on a flow direction of the refrigerant [Claim 1].
Regarding Claim 2, the 987 Patent teaches the invention of claim 1 and the 987 Patent teaches wherein the at least one cooling apparatus comprises: a first cooling apparatus configured to circulate a first coolant in a first coolant line to control a temperature of an electrical component; a second cooling apparatus configured to circulate a second coolant in a second coolant line to control the temperature of the battery module; and a third cooling apparatus configured to circulate a third coolant in a third coolant line to control the temperature of the autonomous driving controller [Claim 1].
Regarding Claim 3, the 987 Patent teaches the invention of claim 2 above and the 987 Patent teaches wherein: the electrical component is provided on the first coolant line; the battery module is provided on the second coolant line; and the autonomous driving controller is provided on the third coolant line [Claim 1].
Regarding Claim 4, the 987 Patent teaches the invention of claim 2 above and the 987 Patent teaches wherein: the at least one refrigerant line comprises a first refrigerant line, a second refrigerant line, and a third refrigerant line; the compressor, the at least one condenser, the at least one expansion valve, and the evaporator are connected through the first refrigerant line; and the at least one chiller comprises a first chiller and a second chiller [Claim 1; Claim 3].
Regarding Claim 5, the 987 Patent teaches the invention of claim 4 above and the 987 Patent teaches wherein: the first chiller is connected to the first refrigerant line through the second refrigerant line, connected to the second coolant line, and configured to heat-exchange the second coolant selectively inflowed with the refrigerant supplied through the second refrigerant line to control a temperature of the second coolant; and the second chiller is connected to the first refrigerant line through the third refrigerant line, connected to the third coolant line, and configured to heat-exchange the third coolant selectively inflowed with the refrigerant supplied through the third refrigerant line to control a temperature of the third coolant [Claim 3].
Regarding Claim 6, the 987 Patent teaches the invention of claim 4 above and the 987 Patent teaches wherein: the first chiller is coupled in parallel to the first refrigerant line through the second refrigerant line; the second chiller is coupled in parallel to the first refrigerant line through the third refrigerant line; and the first chiller and the second chiller are disposed in parallel with the evaporator through the second refrigerant line and the third refrigerant line, respectively [Claim 3].
Claim 7, the 987 Patent teaches the invention of claim 4 above and the 987 Patent teaches wherein, when cooling of the autonomous driving controller is required in a heating mode of a vehicle interior, the second chiller is configured to heat-exchange the refrigerant and the third coolant to cool the third coolant and simultaneously recover waste heat of the autonomous driving controller from the refrigerant heat-exchanged with the third coolant [Claim 5].
Regarding Claim 8, the 987 Patent teaches the invention of claim 4 above and the 987 Patent teaches wherein the air conditioning device further comprises a heat-exchanger connected to the first coolant line, the heat-exchanger being configured to heat-exchange the refrigerant supplied through the first refrigerant line and the first coolant supplied through the first coolant line to condense or evaporate the refrigerant [Claim 14].
Regarding Claim 9, the 987 Patent teaches the invention of claim 8 above and the 987 Patent teaches wherein the air conditioning device further comprises a connection line having a first end connected to the first refrigerant line through a first valve and a second end connected to the third refrigerant line at a front end of the second chiller [Claim 1].
Regarding Claim 10, the 987 Patent teaches the invention of claim 9 above and the 987 Patent teaches wherein the connection line is configured to be opened through an operation of the first valve when cooling of the autonomous driving controller is required in a heating mode of a vehicle interior [Claim 2].
Regarding Claim 11, the 987 Patent teaches the invention of claim 9 above and the 987 Patent teaches wherein: the at least one condenser comprises an indoor condenser and an outdoor condenser; and the heat-exchanger is provided on the first refrigerant line between the indoor condenser and the outdoor condenser [Claim 7].
Regarding Claim 12, the 987 Patent teaches the invention of claim 11 above and the 987 Patent teaches wherein the air conditioning device further comprises a branched line having a first end connected to a second valve provided on the first refrigerant line between the heat-exchanger and the outdoor condenser and a second end connected to the first refrigerant line between the evaporator and the compressor [Claim 8].
Regarding Claim 13, the 987 Patent teaches the invention of claim 12 above and the 987 Patent teaches wherein, when cooling of the autonomous driving controller is not required in a heating mode of a vehicle interior, the second valve is configured to open the branched line and close the first refrigerant line connected to the outdoor condenser [Claim 9].
Regarding Claim 14, the 987 Patent teaches the invention of claim 12 above and the 987 Patent teaches wherein, when cooling of the autonomous driving controller is required in a heating mode of a vehicle interior, the first valve is configured to open the connection line and close the first refrigerant line connected to the outdoor condenser, and the second valve is configured to close the branched line and open the first refrigerant line connected to the first valve [Claim 10].
Regarding Claim 15, the 987 Patent teaches the invention of claim 11 above and the 987 Patent teaches wherein the at least one expansion valve comprises: a first expansion valve is provided on the first refrigerant line; a second expansion valve is provided on the second refrigerant line; a third expansion valve is provided on the third refrigerant line; and a fourth expansion valve is provided between the indoor condenser and the heat- exchanger [Claim 6; Claim 11].
Regarding Claim 16, the 987 Patent teaches the invention of claim 15 above and the 987 Patent teaches wherein the fourth expansion valve is configured to expand the refrigerant supplied from the indoor condenser to the heat-exchanger through the first refrigerant line in a heating mode of a vehicle interior [Claim 19].
Regarding Claim 17, the 987 Patent teaches the invention of claim 15 above and the 987 Patent teaches wherein the second expansion valve, the third expansion valve, and the fourth expansion valve comprise electronic expansion valves configured to selectively expand the refrigerant while controlling a flow of the refrigerant [Claim 2].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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