DETAILED ACTION
Drawings filed 5 February 2026 have been entered. The previous drawing objection is withdrawn. Amendments filed 28 April 2026 have been entered. Claims 1-16 and 18-21 are pending.
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Claims 1 and 14 have a typographic error and recite “fooling fluid.” In both claims replace “fooling fluid” with “cooling fluid.”
Appropriate correction is required.
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 1-21 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.
Claims 1 and 14 recite “a second channel region structured and arranged to guide cooling fluid that is guided in the direction of the sensor unit in a direction away from the sensor unit.” It is unclear whether applicant is claiming one or two directions fluid flow; “guided in the direction” and “in a direction away” are two different directions, such that the scope of “a second channel region” is indefinite. Claims 1 and 14 are rejected for indefiniteness. Dependent claims 2-13 and 18-21 are correspondingly rejected. For the limited purpose of examination, the second channel will be interpreted as having fluid flowing in one direction.
Claim 15 recites “directing the cooling fluid directed toward the sensor unit away from the sensor unit in a second channel region of the fluid channel.” It is unclear whether applicant is claiming one or two directions of fluid flow; “toward” and “away” are two different directions, such that the scope of “a second channel region” is indefinite. Claim 15 is rejected for indefiniteness. Dependent claim 16 is also rejected. For the limited purpose of examination, the second channel will be interpreted as having fluid flowing in one direction.
Claim 10 dependent on claim 1 recites two identical limitations as alternatives to each other “a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel and/or a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel.” It is unclear whether this is a typographic error or applicant is intending to claim a plurality of mass flow or other types of sensors (Applicant’s Spec, 31 January 2025 pg 14 indicates plural mass flow sensors and also refers to volume flow sensors in alternative to mass flow sensors; therefore there appears to be basis for either interpretation). Since it is unclear what applicant intends to claim, claim 10 is rejected for indefiniteness. For the limited purpose of examination, the duplicated limitations will be interpreted as a typographic error referring to one mass flow sensor.
Claim 12 dependent on claim 1 recites “the sensor unit is arranged in an axial extension of the cavity in the fluid channel,” under a plain meaning, this limitation indicates the sensor unit is within the fluid channel. Claim 1 recites “the sensor unit is a temperature sensor that is arranged outside the fluid channel.” Applicant’s 28 April 2026 Claim 1 amendment removed the limitation “the sensor unit is arranged at least partially in the fluid channel.” It is unclear whether applicant is claiming an alternative position of the sensor unit from claim 1 where it is “within” instead of “outside” the fluid channel, or whether it is meant to be the same position where the sensor unit is both “within” and “outside” the fluid channel. Therefore claim 12 is rejected for indefiniteness. For the limited purpose of examination, they will be interpreted as referring to the same position.
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, 5, 6, 11, 12, 14, 15, 18, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doty (US 2013/0125570).
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Doty fig 6
Claim 1, Doty discloses a pump device (compressor pump, par 0005, 0039) for a motor vehicle (“for a motor vehicle” is an intended use in the preamble of the claim; the claim body is structurally complete and the preamble does not result in a structural difference and the intended use will therefore not be considered limiting, MPEP 211.02), comprising:
a housing (fig 6, housing 46, par 0041), in which a fluid channel (fig 6, longitudinal passage 196 196 which is a part of cooling circuit 192, par 0061) is arranged through which a cooling fluid to be conveyed can flow (refrigerant gas 94, id.),
a drive unit for driving the cooling fluid guided through the fluid channel (shaft rotation acts as an impellers which drives the coolant, par 0066),
an electric sensor unit that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (temperature probe 205, par 0068),
wherein the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel (fig 6 shows probe 205 in a branch off of 195, plainly outside of channel 195) and is coupled in a heat-conducting manner to a fluid channel wall of the fluid channel (probe 25 is drawn as connected to circuit 195; it is a general principle of physics that heat is transferred via convention, conduction, or radiation; heat that is transferred via contact between two solid materials is known as conduction; in the arrangement between probe 205 and the exhaust channel 195 there is physical contact illustrated which will reasonably conduct heat), the fluid channel wall enclosing a space within the fluid channel that can be flowed through by the [c]ooling fluid in an area of the at least one sensor (longitudinal passage 196 in the shaft carries fluid, par 0061),
wherein the drive unit comprises a rotatable drive shaft (shaft 82, par 0061) with a pump rotor (the shaft rotation acts as an impeller, par 0066) for conveying the cooling fluid in the fluid channel and an electric machine (fig 6, motor, par 0061) with a stator (154, par 0065) and a rotor (156) for driving the drive shaft with the pump rotor,
wherein the fluid channel has two channel regions arranged one after the other along a flow path of the cooling fluid (path inside passage 196, par 0064; annular gap 204 transfer gas in the opposite direction, par 0065), the two channel regions including a first channel region structured and arranged to guide cooling fluid in a direction towards the sensor unit (fig 6 shows air gap 204 directing gas toward probe 205) and a second channel region structured and arranged to guide cooling fluid that is guided in the direction of the sensor unit in a direction away from the sensor unit (fig 6, passage 196 flows axially away from the probe 205; alternately, flow down outlet 195, par 0061), and
wherein one of the two channel regions extends between the rotor and the stator of the electric machine (annular gap 204, par 0065, as a second channel, or alternately as part of a first channel including both 204 and 196), and/or another one of the two channel regions extends through the rotor of the electric machine (longitudinal passage 196, par 0064, as the first channel, or alternately as part of a first channel including both 204 and 196).
Claim 5, Doty discloses the pump device according to claim 1, wherein the rotor of the electric machine has an axial passage extending to the pump rotor, and wherein the second channel region runs through the axial passage of the rotor to the pump rotor (fig 6, longitudinal passage 196, par 0018, 0061-0065).
Claim 6, Doty discloses the pump device according to claim1, wherein: 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 (dynamic seals at the end housing 161, par 0064), 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 dynamic seals separate the longitudinal passage 196 within the shaft from the end housing 161, par 0064; referencing fig 7, the seals separate the passage 196 from the interior chamber of the motor housing 49 which includes the second channel annular gap 204, par 0064-0065), and wherein the sealing device separates the two channel regions from each other (interior of the shaft 196 separated from the outside of the shaft channel 49, par 0065).
Claim 11, Doty discloses the pump device according to claim 1, wherein the sensor unit comprises a sensor housing, in or on which the at least one sensor is arranged (fig 6, the housing of temperature probe 205 is depicted as a box; reasonably the sensor is either going to be within the box or mounted to something; in either case meeting the limitation “in or on” under a BRI), at least the at least one sensor and the sensor housing are structured as a unit (fig 6 depicts the sensor probe 205 as a structure attached to the pump).
Claim 12, Doty discloses the pump device according to claim 1, wherein the drive shaft is a hollow-cylindrical hollow shaft (shaft 82 with longitudinal passage 196, par 0061) which surrounds a cylindrical cavity (longitudinal passage 196, id.) that forms part of the fluid channel (rotor cooling circuit 192, id.),the sensor unit is arranged in an axial extension of the cavity in the fluid channel (fig 6 shows probe 206 extending off of the exhaust 195 which is extending off of outlet passage 195, par 0061).
Claim 14, Doty discloses a motor vehicle, comprising; a pump device (compressor pump, par 0005, 0039) a cooling device (cooling system, abstract) with a cooling circuit (motor cooling circuit, par 0019) for circulating cooling fluid (refrigerant, par 0061),
a pump device arranged in the cooling circuit for pumping the cooling fluid in the cooling circuit (aspiration passages 202 acts as a centrifugal impeller, par 0066), the pump device including: a housing (fig 6, housing 46, par 0041), in which a fluid channel is arranged through which a cooling fluid to be conveyed can flow (fig 6, longitudinal passage 196 which is a part of cooling circuit 192, par 0061), a drive unit for driving the cooling fluid guided through the fluid channel (motor, par 0061; shaft rotation acts as an impellers which drives the coolant, par 0066), an electric sensor unit that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (temperature probe 205, par 0068), wherein 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 a fluid channel wall of the fluid channel (temperature probe 205, par 0068), the fluid channel wall enclosing a space within the fluid channel that can be flowed through by the cooling fluid in an area of the at least one sensor (cooling circuit 192 leading to passage 195 and coming from longitudinal passage 196, par 0061), wherein the drive unit comprises a rotatable drive shaft with a pump rotor for conveying the cooling fluid in the fluid channel (shaft rotation acts as an impellers which drives the coolant, par 0066) and an electric machine with a stator and a rotor for driving the drive shaft with the pump rotor (fig 6, motor, par 0061; stator 154, par 0065), wherein the fluid channel has two channel regions arranged one after the other along a flow path of the cooling fluid (cooling circuit 192 with path inside passage 196, par 0064; annular gap 204 transfer gas in the opposite direction, par 0065), the two channel regions including a first channel region structured and arranged to guide cooling fluid in a direction towards the sensor unit (annular gap 204, par 0065) and a second channel region structured and arranged to guide cooling fluid that is guided in the direction of the sensor unit in a direction away from the sensor unit (longitudinal passage 196, par 0064), and wherein one of the two channel regions extends between the rotor and the stator of the electric machine (annular gap 204, par 0065), and/or another one of the two channel regions extends through the rotor of the electric machine (longitudinal passage 196, par 0064), and a drive train with components that generate waste heat (drive train 150, drive train 150 is cooled by the refrigerant, par 0015, 0065), 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 (the cooling refrigerant is in contact with the drive train 150 for cooling, par 0065; the contact is for cooling, par 0015, 0016).
Claim 15, Doty discloses a method for determining a measured variable (temperature via temperature sensor 205, par 0068) that characterizes a cooling fluid (cooling refrigerant 94, id) in a pump device (compressor, par 0067), the method comprising:
guiding the cooling fluid in a first channel region (fig 6, annular gap 204 flow is toward sensor 205, par 0065) of a fluid channel (id.) towards a sensor unit (temperature probe 205, id.), the first channel region extending between a rotor and a stator of an electric machine (annular gap 204 is between stator and rotor, par 0065),
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 (in order for the temperature probe to measure the temperature of the refrigerant as intended, heat must be transferred to the probe from the fluid; a person of ordinary skill would recognize that a heat-conducting coupling manner is any transfer of heat under a BRI),
detecting, via a sensor of the sensor unit (temperature probe 205), the heat transferred to the sensor unit, and
directing the cooling fluid directed towards the sensor unit away from the sensor unit in a second channel region of the fluid channel (fig 6, longitudinal passage 196 extends axially away from the sensor), the second channel region extending through the rotor of the electric machine (passage 196 is in shaft 82, par 0061).
Claim 18, Doty 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 (Fig 6, Sensor 205 is depicted as coupled to the wall of channels 195).
Claim 21, Doty discloses the motor vehicle according to claim 14, wherein: 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 (fig 6, seals are at the ends of the end housing, par 0064), wherein the sealing device provides a sealing gap between the rotor and the housing (fig 6, there is an annular gap 204 at least between the rotor and the housing for refrigerant to flow, par 0065), which is formed between a first sealing part connected to the rotor and a second sealing part connected to the housing (fig 6 shows the fluid flow between the two seals at either end of the housing), and wherein the sealing device separates the two channel regions from each other (the seal forces refrigerant gas 94 down longitudinal passage 196, par 0064; as gas is forced down second channel longitudinal passage 196 it is not directed down the first channel annular gap 204 between rotor and stator; thereby creating two distinct and separate channels for flow ).
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 10, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Doty.
Claim 10, Doty discloses the pump device according to claim 1, wherein the sensor unit comprises at least two of the following sensors:
a pressure sensor (pressure sensor, par 0072) for detecting the fluid pressure of the cooling fluid guided through the fluid channel, a temperature sensor for determining the fluid temperature of the cooling fluid conducted through the fluid channel (temperature sensing probe 205 par 0072; temperature sensor 190, par 0102), a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel (flow meter, par 0072).
Doty is silent on two sensors used together.
Nevertheless, 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 combine both a temperature and a flow meter of Doty into one embodiment; thereby enabling a person additional sensors in order to measure desired variables. For example, a person of ordinary skill in the art in refrigeration and cooling systems to take measurements of temperature, pressure, and flow rate to calculate total heat energy flow and thereby determine the capacity and efficiency of the cooling system.
Claim 16, Doty 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 at a level of the sensor of the sensor unit from the first channel region of the fluid channel to enter the second channel region of the fluid channel (fig 6 shows a flow path of fluid continuing down passage 195 after measurement, par 0061; “at a level of the sensor” is interpreted as being at the measuring point of the sensor), and wherein the cooling fluid is diverted along the flow path by at least 30 [degree] and less than 160 [degree] with respect to a respective alignment of the flow path directly before and after the deflection (fig 6 shows the diversions to temperature probe 205 from outlet 195 to be a “Tee” ).
Doty is silent on the exact degree of “Tee” 205.
Nevertheless, a range between 30 and 160 degrees is obvious as a change of size and shape under Doty. The rule is that a change in size or proportion is obvious because when the only difference between the prior art and the claims were a recitation of relative dimensions and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.05, In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984)). In this case, the temperature sensor “Tee” would reasonably function as well at a conventional 90 degrees, as at any other degree of Tee. A person of ordinary skill in the art would select a 90 degree “Tee” because of its ubiquity and conventionality. Applicant has provided no difference in performance or basis for the particular degrees claimed besides enabling detection of the change in temperature (See applicant’s filed specification, 31 January 2025, page 8-9). 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 use a fluid deflection of 90 degrees in a conventional “Tee” in Doty, thereby meeting the claimed limitations.
Claim 20, Doty discloses the pump device according to claim 1, wherein the fluid channel is structured and arranged to divert, via a fluid channel wall of the fluid channel (fig 6 channel wall near outlet 195), the cooling fluid along the flow path at a level of the at least one sensor (outlet 195 is near temperature probe 205) from the first channel region to enter the second channel region (the first channel region that is a combo of 204 and 196, to the second channel region exhausting out of 195, par 0061), and wherein the fluid channel wall diverts the cooling fluid along the flow path by at least 30 [degree] and less than 160 [degree] with respect to a respective alignment of the flow path directly before and after the deflection (the angle exits out of the motor housing down 195 radially outward from the cylindrical motor housing).
Doty is silent on the exact degree that 195 extends radially outward..
Nevertheless, a range between 30 and 160 degrees is obvious as a change of size and shape under Doty. The rule is that a change in size or proportion is obvious because when the only difference between the prior art and the claims were a recitation of relative dimensions and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.05, In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984)). In this case, the exhaust outlet 195 would reasonably function as well at a conventional 90 degrees, as at any other degree. A person of ordinary skill in the art would select a 90 degree radially outward degree because of its ubiquity and conventionality. Applicant has provided no difference in performance or basis for the particular degrees claimed besides enabling detection of the change in temperature (See applicant’s filed specification, 31 January 2025, page 8-9). 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 use a fluid deflection of 90 degrees in a conventional pipe connection in Doty, thereby meeting the claimed limitations.
Claims 2-4, 8, 9, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Doty in view of Wallrafen (US 6,527,517).
Claim 2, Doty discloses the pump device according to claim 1.
Doty is silent on the drive unit further comprises a control/regulating device for controlling the electric machine, wherein the control/regulating device has an electric printed circuit board on which at least one electric/electronic component is arranged, and
the sensor unit is electrically connected to the circuit board.
Wallrafen teaches 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
a sensor unit is electrically connected to the circuit board (temperature sensor 3 is on carrier material 14, c 5 ln 25-30).
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 generic motor control of Doty by adding the electronic control and temperature sensor or control board of Wallrafen in order to accurately measure and record the temperature of the electric motor and of the control equipment to optimize a cooling rate for optimum cooling and prevent against heat degradation.
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); therefore it would be a predictable result to maintain the fluid cooling passages of Doty as in the original patent.
Claim 3, Doty in view of Wallrafen 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, Doty in view of Wallrafen teaches the pump device according to claim 2, wherein the pump device has a containment shell (Doty, Sleeve 188, par 0103) that separates in a fluid-tight manner a dry region where the stator of the electric machine is arranged (Doty, the sleeve 188 prevents liquid refrigerant from penetrating the stator lamination stack, par 0103), from a wet region where the rotor of the electric machine is arranged and the fluid channel extends (Doty, fig 5, liquid refrigerant is interior of the sleeve 188 at the passage between rotor and stator).
Claim 8, Doty in view of Wallrafen teaches the pump device according to claim 2, wherein: the control/regulating device comprises an electrical power supply (Doty, fig 2, incoming power goes to terminal 50, par 0041; the incoming power implicitly comes from a source of electric power) for supplying the electrical machine with electrical energy (Doty, par 0041).
Doty is silent on the sensor unit, for supplying the at least one sensor with electrical energy, is electrically connected to the electrical power supply.
Doty does disclose providing power to the electronics compartment 48 (par 0041); this is because Doty does not explicitly state that their temperature sensing probe is electrically powered.
Wallrafen teaches the temperature sensor (3) connected to control electronics (c 5 ln 25-30).
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 power source of the temperature sensor of Doty in view of Walrafen to connect to the same electric power source powering the electric motor of Doty in order to consolidate and provide only one electric power source instead of several electric power sources, thereby avoiding complexity of several electric power sources.
Claim 9, Doty in view of Wallrafen teaches the pump device according to claim 2.
Wallrafen further 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 Doty in view 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 (Wallrafen, c 1 ln 29-33, 40-45) thereby managing the heat in several different systems common to a motor vehicle.
Claim 13, Doty discloses a water pump (water will not be considered patentable because the article pumped does not the limit an apparatus claim unless it results in a structural difference, See MPEP 2155, in this case the Doty pump is a fluid pump par 0073, which a posita would recognize could reasonably pump another fluid such as water) comprising the pump device according to claim 1, wherein the housing is at least two-part with a main housing body (fig 4, motor housing 46, par 0061), in which the drive unit is arranged, and at least one housing cover (end housing 161, par 0061), the sensor under the at least one housing cover (fig 5 shows temperature sensor 190 at the end of the stator under cover 161, par 0060 0102; the sensor is securely fastened to the cover at least through the shared mounting to the motor housing 46).
Doty is silent on the sensor detachably fastened to the housing main body, the sensor unit is connected to the at least one housing cover.
Wallrafen teaches 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) and 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).
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 generic motor control of Doty by adding the electronic control and temperature sensor or control board of Wallrafen as a retrofit of the motor of Doty in order to accurately measure and record the temperature of the electric motor and of the control equipment to optimize a cooling rate for optimum cooling and prevent against heat degradation, as well as maintaining the functioning of the Doty pump if it were desired to return the pump of Doty to its state before Wallrafen.
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.
Claim 19, Doty in view of Wallrafen 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 Doty in view of Wallrafen in view of Jensen (US 2015/0093253).
Claim 7, Doty in view of Wallrafen teaches the pump device according to claim 2.
Doty in view of 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 Doty in view of Wallrafen 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).
Response to Arguments
Applicant’s arguments with respect to claims 1-16, and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/GEOFFREY S LEE/Examiner, Art Unit 3746 /DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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