DETAILED ACTION
Claims 1-20 are pending.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81. No new matter may be introduced in the required drawing.
Applicant is given a shortened statutory period of TWO (2) MONTHS to submit a drawing in compliance with 37 CFR 1.81. Extensions of time may be obtained under the provisions of 37 CFR 1.136(a) but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133). Failure to timely submit a drawing will result in ABANDONMENT of the application.
For the limited purpose of examination, the examiner referenced the figures in the foreign priority document.
PNG
media_image1.png
758
622
media_image1.png
Greyscale
Fig 1, DE 10 2022 207 938.8
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 1-14, 17-20 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.
The term "firmly" in claim 12 is a relative term which renders the claim indefinite. The term "firmly" 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.
Claim 1 recites “the sensor unit is arranged at least partially in the fluid channel and/or the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel.” When interpreting the claims as “and” it is unclear what applicant intends to claim with the sensor unit arranged “in the fluid channel, and … arranged outside the fluid channel.” Applicant’s filed specification (pg 6 of Spec filed 31 Jan 2025) indicates that the sensor may be “fully embedded in the recess” (pg 6)and also that the sensor can be arranged “outside the fluid channel” (pg 7). In the circumstance that the sensor is fully within the channel, it is unclear how the sensor can also be arranged outside the fluid channel, because a single sensor cannot be in two places at the same time. Therefore, claim 1 is rejected for indefiniteness. Claims 2-13, and 17-20 are rejected as dependent on 1.
Claim 14 recites “wherein the sensor unit is arranged at least partially in the fluid channel, and/or the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel.” When interpreting the claims as “and” it is unclear what applicant intends to claim with the sensor unit arranged “in the fluid channel, and … arranged outside the fluid channel.” Applicant’s filed specification (pg 6 of Spec filed 31 Jan 2025) indicates that the sensor may be “fully embedded in the recess” (pg 6)and also that the sensor can be arranged “outside the fluid channel” (pg 7). In the circumstance that the sensor is fully within the channel, it is unclear how the sensor can also be arranged outside the fluid channel, because a single sensor cannot be in two places at the same time. Therefore, claim 14 is rejected for indefiniteness.
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.
Claims 1-2, 5, 8, 10-12, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rode (US 5,368,446).
Claim 1, Rode discloses a pump device (fig 2-4, compressor 300, c 3 ln 38, c 7 ln 50 - c 8 ln 33) for a motor vehicle (for a motor vehicle is intended use in the preamble of the claim, the claim body recites a structurally complete invention, nothing in the terminology of a motor vehicle affects any structure or steps in the body of the claimed invention, such that deletion of the preamble would not affect the claim; therefore motor vehicle shall not be given patentable weight; MPEP 2111.02), comprising:
a housing (shell 310, cover 312, cap 314), in which a fluid channel (fig 4, 396, c 7 ln 7) is arranged through which a cooling fluid (refrigerant, c 7 ln 55-56) to be conveyed can flow,
a drive unit (motor 324, rotor 334, c 8 ln 7-16) for driving the cooling fluid guided through the fluid channel (motor drives the pump which discharges fluid through 396),
an electric sensor unit (temperature sensor 202, c 9 ln 33) that comprises at least one sensor (id.) for determining at least one measured variable characterizing the cooling fluid (measures gas temperature, c 9 ln 36), wherein:
the sensor unit is arranged at least partially in the fluid channel (fig 4 depicts sensor 202 extending into 396; FIRST OF TWO ALTERNATES; THE FIRST OF TWO ALTERNATIVES IS TAUGHT by Rode), and/or
the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel (fig 4 shows fared connector 206 which extends outside of 396; SECOND OF TWO ALTERNATES; THE SECOND OF TWO ALTERNATIVES IS TAUGHT by Rode) and is coupled in a heat-conducting manner to the fluid channel (heat conduction inherently occurs through physical contact, therefore sensor 202 and connector 206 are connected in a heat conducting manner to frame 372 which contacts channel 396).
Claim 2, Rode discloses the pump device according to claim 1, wherein:
the drive unit comprises a rotatable drive shaft (crankshaft 326) with a pump rotor (lower scroll 384 and upper scroll 362, c 9 ln 1-2; both scrolls rotate together) for conveying the cooling fluid in the fluid channel and an electric machine (motor) with a stator (stator 324) and with a rotor (rotor 334) for driving the drive shaft with the pump rotor ,
the drive unit further comprises a control/regulating device (control device, c 9 ln 35) for controlling the electric machine (controller de-energizes the motor with excessive temperature, c 9 ln 33-38; thermal protection system, c 9 ln 16-54), wherein the control/regulating device has an electric printed circuit board (thermistor circuit is a solid state motor protection control, c 23-28; a person of ordinary skill would recognize that "solid state" circuit are integrated circuits installed on printed circuit boards, therefore "solid-state" circuit implies the printed circuit board) on which at least one electric/electronic component is arranged (the solid state circuit is an electronic component), and
the sensor unit is electrically connected to the circuit board (sensor 202 is connected to the solid state motor protection control, c 7 ln 27-35).
Claim 5, Rode discloses the pump device according to claim 1, wherein the fluid channel has two channel regions arranged one after the other along a flow path of the cooling fluid (fig 4 depicts a flow path through 396 on either side of probe 202), the two channel regions including a first channel region structured and arranged to guide cooling fluid in a direction of the sensor unit and a second channel region structured and arranged to guide cooling fluid that is guided in the direction of the sensor unit away from the sensor unit (fig 4, flow is directed in a single direction through 396, a person of ordinary skill would recognize that fluid entering the inlet of 396 is flowing toward probe 202 until it reaches probe 202, and the fluid is flowing away from probe 202 toward the outlet of 396).
Claim 8, Rode discloses the pump device according to claim 2 , wherein:
the control/regulating device (controller controls de-energization of the motor, c 8 ln 15-20) comprises an electrical power supply for supplying the electrical machine with electrical energy (electrical power through connector 336, c 8 ln 10-11; implicitly the connector is connected to a power supply external to the pump), and
the sensor unit for supplying the at least one sensor with electrical energy is electrically connected to the electrical power supply (temperature sensors are provided with electricity via connector 338, c 8 ln 30-32).
Claim 10, Rode discloses the pump device according to claim 1, wherein the sensor unit comprises at least two of the following sensors: a pressure sensor for detecting the fluid pressure of the cooling fluid guided through the fluid channel (pressure sensor, c 9 ln 53; first of four alternates, Rode satisfies the first two alternates) , a temperature sensor
for determining the fluid temperature of the cooling fluid conducted through the fluid channel (temperature sensor 202, c 9 ln 33; second of four alternates, Rode satisfies the first two alternates), a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel (third of four alternates, Rode satisfies the first two alternates), and/or a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel (fourth of four alternates, Rode satisfies the first two alternates).
Claim 11, Rode discloses the pump device according to claim 1, wherein the sensor unit comprises a sensor housing (fig 3, housing tube 204, c 7 ln 1-25) , in or on which the at least one sensor is arranged (sensor sensing end 202, id.), at least the at least one sensor and the sensor housing are structured as a unit (a person of ordinary skill would recognize the housing and sensing element are a unit comprising several parts).
Claim 12, Rode discloses the pump device according to claim 2, wherein the drive shaft is a hollow-cylindrical hollow shaft (shaft 326 has usual oil pumping bores, c 8 ln 1) which surrounds a cylindrical cavity (the center discharge cavity of the scrolls) that forms part of the fluid channel (she bore in shaft 326 has a radius that is outside of the center of the scrolls; the center of the scrolls are at the inlet to the fluid channel), the sensor unit is arranged in an axial extension of the cavity in the fluid channel (temperature probe 202 is at the outlet of scrolls, and it is axially downstream of the outlet, this meets the plain meaning of axial extension under a BRI).
Claim 17, Rode discloses the pump device according to claim 1, wherein the sensor unit projects into the fluid channel (fig 4 shows sensor 202 protruding into channel 396, c 9 ln 15-27).
Claims 1, 5, 11, 14-16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wallrafen (US 6,527,517).
Claim 1, Wallrafen discloses a pump device (c 1 ln 50-55) for a motor vehicle (c 1 ln 5-10) comprising:
a housing (pump casing 2, c 4 ln 61), in which a fluid channel (channel is inlet orifice 8a to pump chamber 4 to outlet connections 6, 7, c 4 ln 66 - c 5 ln 10) is arranged through which a cooling fluid (pumped fluid is for cooling, c 4 ln 55-65) to be conveyed can flow (fluid flows through pump chamber 4, c 5 ln 10-11),
a drive unit (fig 1, electric motor 18, c 4 -5) for driving the cooling fluid guided through the fluid channel (fig 1 shows a conventional motor and pump arrangement, a person of ordinary skill would recognize that the motor in 18 drives the pump located in casing 9 as they are adjacent to each other, and there are no other disclosed motor units),
an electric sensor unit that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (temperature sensor 3, c 5 ln 5-1), wherein:
the sensor unit is arranged at least partially in the fluid channel (FIRST OF TWO CLAIMED ALTERNATES, Wallrafen teaches the second alternate, Wallrafen does not teach the first alternative), and/or
the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel (sensor 3, SECOND OF TWO CLAIMED ALTERNATES, Wallrafen teaches the second alternative) and is coupled in a heat-conducting manner to the fluid channel (heat conduction via compound 13, c 5 ln 20-23).
Claim 5, Wallrafen discloses the pump device according to claim 1, wherein the fluid channel has two channel regions arranged one after the other along a flow path of the cooling fluid (flow path is inlet orifice 8A to pump chamber 4 to outlet connections 6, 7, c 4 ln 66 - c 5 ln 10), the two channel regions including a first channel region structured and arranged to guide cooling fluid in a direction of the sensor unit (from inlet orifice 8A toward sensor 3) and a second channel region structured and arranged to guide cooling fluid that is guided in the direction of the sensor unit away from the sensor unit (toward outlet connections 6, 7 from sensor 3).
Claim 11, Wallrafen discloses the pump device according to claim 1, wherein the sensor unit comprises a sensor housing (fig 3, sensor 3 is within housing 2, c 5 ln 4-6), in or on which the at least one sensor is arranged (id.), at least the at least one sensor and the sensor housing are structured as a unit (housing 2 houses the temperature sensor 3).
Claim 14, Wallrafen discloses a motor vehicle (c 1 ln 5-10) comprising a cooling device (cooling pump, c 1 ln 50-55) with a cooling circuit for circulating cooling fluid (cooling circuit, c 4 ln 14), a pump (c 4 ln 59) device arranged in the cooling circuit for pumping the cooling fluid in the cooling circuit (c 5 ln 10-11), the pump device including: a housing (pump casing 2, c 4 ln 61), in which a fluid channel is arranged through which a cooling fluid to be conveyed can flow (channel is inlet orifice 8a to pump chamber 4 to outlet connections 6, 7, c 4 ln 66 - c 5 ln 10; pumped fluid is for cooling, c 4 ln 55-65), a drive unit for driving the cooling fluid guided through the fluid channel (fig 1, electric motor 18, c 4 -5), an electric sensor unit that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (temperature sensor 3, c 5 ln 5-1), wherein the sensor unit is arranged at least partially in the fluid channel (FIRST OF TWO CLAIMED ALTERNATES, Wallrafen teaches the second alternate, Wallrafen does not teach the first alternative), and/or the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel and is coupled in a heat-conducting manner to the fluid channel (sensor 3, heat conduction via compound 13, c 5 ln 20-23, SECOND OF TWO CLAIMED ALTERNATES, Wallrafen teaches the second alternative), a drive train with components that generate waste heat (internal combustion engine of the vehicle, c 1 ln 17, 23-25;), the components of the drive train are thermally coupled to the cooling circuit for the transfer of generated waste heat to the cooling fluid circulating in the cooling circuit (c 1 ln 23-24).
Process claims will be examined under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
Claim 15, Wallrafen discloses a method for determining a measured variable that characterizes a cooling fluid in a pump device (measures temperature of fluid in a pump, c 1 ln 50-55), the method comprising: guiding the cooling fluid in a fluid channel (channel is inlet orifice 8a to pump chamber 4 to outlet connections 6, 7, c 4 ln 66 - c 5 ln 10) towards a sensor unit (from inlet 8a to sensor 3), transferring heat of the cooling fluid directed towards the sensor unit to the sensor unit by flowing into the fluid channel and via heat- conducting coupling of the fluid channel and sensor unit (heat conduction toward sensor 3, c 2 ln 39-56, c 3 ln ), detecting, via a sensor of the sensor unit (measure temperature with sensor 3, c 5 ln 14), the heat transferred to the sensor unit , and directing the cooling fluid directed towards the sensor unit away from the sensor unit (fluid flows toward outlet 6, 7 and away from the sensor on the pump chamber).
Claim 16, Wallrafen discloses the method according to claim 15, where directing the cooling fluid away from the sensor unit includes diverting the cooling fluid along a flow path of the cooling fluid (the flow path of the fluid out connections 6, 7, c 4 ln 66-c 5 ln 10; the fluid out connections create a flow path for the outlet of fluid from the pump) at a level of the sensor of the sensor unit from one channel region of the fluid channel to enter another channel region of the fluid channel (the flow away from the sensor toward the outlet connections 6, 7, starts when the fluid starts to move away from the sensor; flowing away starting at the sensors meets the plain meaning of “level of the sensor,” where “level” is synonymous with “position”).
Claim 18, Wallrafen discloses the pump device according to claim 1, wherein the temperature sensor is coupled in the heat-conducting manner to a fluid channel wall of the fluid channel (sensor connected to wall of pump casing 9 in the recess 10, c 5 ln 34-40).
Claim 20, Wallrafen discloses the pump device according to claim 5, wherein the fluid channel is structured and arranged to divert the cooling fluid along the flow path at a level of the at least one sensor (“at a level” of the sensor is interpreted under a plain meaning to mean “position” of the sensor; where “at a level” is synonymous with “position”) from the first channel region (the first channel region is flow from the inlet 8a toward the sensor 3) to enter the second channel region (the second channel region is the flow away from the sensor toward the outlet connections 6, 7).
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 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 2-4, 6, 8, 9, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wallrafen in view of Kreutz (DE 102011009192).
Claim 2, Wallrafen discloses the pump device according to claim 1, wherein:
...
the drive unit further comprises a control/regulating device for controlling the electric machine (electronic control 15 of pump 1, c 5 ln 28), wherein the control/regulating device has an electric printed circuit board (carrier material 14, c 5 ln 6, 27; pump circuit board, c 3 ln 26) on which at least one electric/electronic component is arranged (sensor 3 and electronic control 15 are on carrier material 14, c 5 ln 25-30), and
the sensor unit is electrically connected to the circuit board (sensor 3 is on carrier material 14, c 5 ln 25-30).
Wallrafen does not explicitly disclose the drive unit comprises a rotatable drive shaft with a pump rotor for conveying the cooling fluid in the fluid channel and an electric machine with a stator and with a rotor for driving the drive shaft with the pump rotor.
Kreutz teaches a fluid pump for a motor vehicle with a rotatable drive shaft (5) with a pump rotor (3) for conveying fluid and an electric machine (motor) with a stator (stator 7) and with a rotor (rotor 6) for driving the drive shaft with the pump rotor (paddle wheel 3 is driven by the rotor 6 via shaft 5).
It would have been obvious to a person of ordinary skill in the art to modify the electric motor (18) of Wallrafen by importing the details of the rotor (6) and stator (7) of Kreutz in order to drive the rotating electric motor in a conventional way and also provide cooling for the rotor as taught by Kreutz.
Claim 3, Wallrafen in view of Kreutz teaches the pump device according to claim 2, wherein the sensor unit is arranged on the printed circuit board (Wallrafen, c 5 ln 25-30).
Claim 4, Wallrafen in view of Kreutz teaches the pump device according to claim 2.
Wallrafen does not disclose wherein the pump device has a containment shell that separates in a fluid- tight manner a dry region where the stator of the electric machine is arranged, from a wet region where the rotor of the electric machine is arranged and the fluid channel extends.
Kreutz teaches a fluid pump for a motor vehicle wherein the pump device has a containment shell (can 8) that separates in a fluid- tight manner a dry region where the stator of the electric machine is arranged (stator can 8 is implicitly a dry region; because an explicit wet-running region 12 implies a relative dry region; “can” are known in the art to seal a wet rotor to a dry stator, the stator must be dry to safely receive electricity to thereby generate an electric field; where the “can” separates a wet rotor and allows the magnetic field generated by the stator to move the rotor), from a wet region (12) where the rotor of the electric machine is arranged and the fluid channel extends (wet running area 12 connected to volute 4).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electric motor and pump of Wallrafen to be enabled as a canned electric pump as taught by Kreutz in order to allow the rotor to in the pumped fluid and thereby cool the rotor with pumped fluid which increases the longevity of the motor.
Claim 6, Wallrafen in view of Kreutz teaches the pump device according to claim 2.
Wallrafen is silent on wherein the rotor has an axial passage to the pump rotor (THE FIRST OF TWO CLAIMED ALTERNATES) and/or the pump device comprises a sealing device that is arranged axially between the pump rotor and the rotor for sealingly connecting the rotor and the housing , wherein the sealing device provides a sealing gap between the rotor and the housing, which is formed between a first sealing part connected to the rotor and a second sealing part connected to the housing (THE SECOND OF TWO CLAIMED ALTERNATES).
Kreutz teaches a fluid pump for a motor vehicle wherein the rotor has an axial passage to the pump rotor (fig 2, fluid openings 14, 15 in the rotor; THE FIRST OF TWO CLAIMED ALTERNATES).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electric motor and pump of Wallrafen to be enabled as a canned electric pump with rotor cooling passages (14, 15) as taught by Kreutz in order to allow the rotor to in the pumped fluid and thereby cool the rotor with pumped fluid which increases the longevity of the motor.
Claim 8, Wallrafen in view of Kreutz teaches the pump device according to claim 2 , wherein:
the control/regulating device comprises an electrical power supply for supplying the electrical machine with electrical energy (Wallrafen, implicitly there is electrical power supply in order to power the electronic control 15; an electronic control requires electricity coming from an electricity source in order to function as intended), and
the sensor unit for supplying the at least one sensor with electrical energy is electrically connected to the electrical power supply (the temperature sensor 3 is connected to control electronics, and is therefore connected transitively to that same electric source).
Claim 9, Wallrafen in view of Kreutz teaches the pump device according to claim 2. In the prior art embodiment Wallrafen teaches the control/regulating device comprises a communication unit (Wallrafen, communication is required, as the temperature sensor is remote and near the heat source, c 1 ln 40-47) for communicating with an external field bus (Wallrafen, central control unit, c 1 ln 37; central control unit is known in the prior art), and the sensor unit for controlling the at least one sensor is connected to the communication unit in an electrically and/or data-transmitting manner (measurement values from sensor are directed to central control unit, c 1 ln 35-38).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to use the pump device of claim 2 of Wallrafen in a known in the art central control unit system taught by Wallrafen prior art, in order to manage the temperature of several heat sources as well as use the heat in cleaning systems such as headlamps or shields (c 1 ln 29-33, 40-45) thereby managing the heat in several different systems common to a motor vehicle.
Claim 19, Wallrafen in view of Kreutz teaches the pump device according to claim 2, wherein the temperature sensor is coupled to the fluid channel in a heat-conducting manner via the printed circuit board (Wallrafen, the sensor 3 is mounted to the board 14, and the board 14 is fastened to the pump, c 5 ln 25-30; the fastening meets the plain meaning of coupled; the sensor 3 is in a heat conducting relationship with the pump, c 5 ln 33-42).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wallrafen in view of Kreutz in view of Jensen (US 2015/0093253).
Claim 7, Wallrafen in view of Kreutz teaches the pump device according to claim 2.
Wallrafen does not explicitly disclose wherein a further temperature sensor for detecting a printed circuit board temperature is arranged on the printed circuit board , wherein the sensor unit and the further temperature sensor are spaced apart and interact such that, when the measured variable characterizing the cooling fluid is determined, an influence of self-heating of the printed circuit board on the measured variable can be taken into account by comparison with the printed circuit board temperature detected by the further temperature sensor.
Jensen teaches a pump with temperature regulation, where the temperature of the control box is monitored to determine whether it exceeds the rated temperature limit of electronic components (par 0005, 0031); a further temperature sensor (second temperature sensor 14 for the control box, par 0031, 0045) for detecting a [control box temperature] (temperature within control box, par 0031) is arranged on the printed circuit board (sensor 14 is on pcb 8, par 0045), wherein the sensor unit and the further temperature sensor are spaced apart (fig 1b shows the dual temperature sensor 14, since two separate sensors are described in one sensor body, par 0031, it suggests at least two distinct parts of the sensor body, which are separate from each other; distinct Tm sensor and Ta sensor parts of the dual sensor will be interpreted as meeting “spaced apart” under a BRI because they are separate sensors and therefore “spaced apart” to at least some minimal degree) and interact such that, when the measured variable characterizing the cooling fluid is determined, an influence of self-heating of the printed circuit board on the measured variable can be taken into account by comparison with the printed circuit board temperature detected by the further temperature sensor (new model is deployed based on the measured temperatures, par 0031; where the measured temperatures are of the control box Ta and the media Tm, par 0030).
It would have been obvious that temperature measurement of the Jensen control box temperature is equivalent to the measured temperature of the printed circuit board (par 0005), such that the measurement of the pcb rather than the control box is obvious as a rearrangement of parts. A rearrangement of prats is obvious when shifting the position of the element would not have modified the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), MPEP 2144.04). In this case, the temperature of the control box in Jensen is intended to measure the temperature of electronic components on the control board (Jensen, par 0005); and applicant’s placement of the sensor on the PCB is intended to measure the temperature of the electronic components on the control board (Applicant’s spec pg 12 as filed), where in both cases the temperature of the control electronics is used to increase the accuracy of the temperature measurements as the power/load changes (examiner notes that the power used by a pump changes with its load).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the temperature sensing of Wallrafen in view of Kerutz by adding the ambient temperature sensing and model adjustment of Jensen in order to determine the most efficient operation of the pump device and prevent electronic component from overheating and adjust to changes in pump load (Jensen, par 0030-0031).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wallrafen.
Claim 13, Wallrafen discloses a water pump (the pumped fluid does not limit the apparatus claim, MPEP 2115; in this case, the body of the claim is structurally complete and no element in the body is changed by the apparatus pumping water; the elements are generally common to fluid pumps with a sensor) comprising the pump device according to claim 1, wherein the housing is at least two-part with a main housing body (fig 3, 9) , in which the drive unit is arranged, and at least one housing cover (2)…, the sensor unit is firmly connected to the at least one housing cover (sensor 3 is arranged within the housing 2 on the outside of casing 9, c 5 ln 42-55).
Wallrafen is silent on the cover and housing being detachably fastened to the housing main body.
Nevertheless, Wallrafen teaches that the housing 2 and controls may be adapted to retrofit a standard pump to add functionality without altering the pump casing 9 or the pump chamber 4 (c 5 ln 49-55).
Since Wallrafen teaches not changing the pump casing 9 or pump chamber 4, it suggests a motivation to be able to return the standard pump to the original unchanged pump casing 9 and pump chamber 4.
The rule is that if it were considered desirable for any reason to make an object separable, it would be obvious to make that object separable for that purpose (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); MPEP 2144.04). In this case, retrofitting a standard pump by adding the housing 2 and controls of Wallrafen and then later removing the housing 2 and controls in order to return the standard pump back to a standard operating state would be desirable if the added functionality of the housing and controls were no longer desired. Since the pump casing 9 and pump chamber 4 are unchanged by the addition of the housing 2 and controls (c 5 ln 53-55), it is reasonable that the standard pump would be capable of functioning in a standard and predictable manner. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to make the cover and housing detachable to the housing main body in order to be able to return the retrofitted standard pump back to its standard operation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GEOFFREY S LEE/Examiner, Art Unit 3746 /DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746