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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Vehicle Heat Management System with Refrigerant Control Part”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Refrigerant Control Part” in claim 1. The nonce term “part” is modified by the functional language of refrigerant control without reciting sufficient structure to perform the recited function. Paragraph 62 of the applicants disclosure outlines that the gas control part comprises “The refrigerant control part 30 includes first and second heat pump expansion valves 32 and 34 installed in parallel in the portion of the upstream refrigerant circulation line 12 common to the outdoor heat exchanger 18, the vehicle interior cooling heat exchanger 20a and the chiller 20b, first and second three-way flow control valves 36 and 38 configured to selectively allow the refrigerant, which has been decompressed and expanded in the first and second heat pump expansion valves 32 and 34, to flow toward at least one of the outdoor heat exchanger 18, the chiller 20b and the vehicle interior cooling heat exchanger 20a, and a valve control part 39 configured to control the valves 32, 34, 36 and 38”. Therefore, the gas control part will be interpreted as two expansion valves installed in parallel, two three-way flow control valves, and a valve control part as recited in paragraph 62, and equivalent structure.
“Valve control part” in claims 9-15. The nonce term “part” is modified by the functional language of gas control without reciting sufficient structure to perform the recited function. The disclosure fails to link the “valve control part” to a specific structure. Therefore, the “valve control part” will be interpreted as a generic controller.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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 1-16 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.
Claim 1 line 8 recites “on the compressor side”, wherein it is unclear what location “on the compressor side” is specifically referring to. The compressor is part of a circuit, wherein upstream or downstream of the compressor could both be considered the “compressor side”. Since the metes and bounds of the limitation cannot be ascertained, the claim is indefinite.
The remaining claims are rejected as being dependent upon an indefinite claim.
Claim limitation “valve control part” in claims 9-16 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure describes the function of the “valve control part” but fails to specifically recite what the structure of the “valve control part” is. 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.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US2022/0185067A1).
Re Claim 1. Kim teaches a vehicular heat management system (10), comprising:
a heat pump type refrigerant circulation line (11) including a compressor (19), a high-pressure side heat exchanger (12a), an outdoor heat exchanger (14), a chiller (13 or 40) connected in series or in parallel to the outdoor heat exchanger, and a vehicle interior cooling heat exchanger (16) connected in series or in parallel to the outdoor heat exchanger (Figures 1-8; Paragraphs 64-80, 320-321); and
a refrigerant control part (expansion valve 35, expansion valve 23, three way valve 24, three way valve 28, and controller for valves 24, 28) configured to, in a heat pump mode, depressurize and expand a refrigerant on the compressor side and selectively allow the refrigerant to flow toward at least one of the outdoor heat exchanger, the chiller and the vehicle interior cooling heat exchanger depending on an air conditioning condition (Figures 1-8; Paragraphs 64-126, 320-321).
Re Claim 2. Kim teaches the outdoor heat exchanger is configured to, in the heat pump mode, allow the refrigerant of the refrigerant circulation line to exchange heat with ambient air so that the heat of the ambient air can be recovered by the refrigerant of the refrigerant circulation line, the chiller is configured to, in the heat pump mode, allow the refrigerant of the refrigerant circulation line to exchange heat with cooling water of a cooling water circulation line (5) for cooling electrical components (3) so that waste heat of the electrical components absorbed to the cooling water can be recovered by the refrigerant of the refrigerant circulation line (Figure 3 illustrates the chiller operating to exchange heat with electronics 3), the vehicle interior cooling heat exchanger is configured to, in a vehicle interior dehumidifying mode under a heat pump mode condition, allow the refrigerant of the refrigerant circulation line to exchange heat with vehicle interior air to dehumidify the vehicle interior (paragraph 115 teaches a dehumidify mode), and the refrigerant control part is configured to, in the heat pump mode, depressurize and expand the refrigerant on the compressor side and allow the depressurized and expanded refrigerant to selectively flow toward at least one of the outdoor heat exchanger, the chiller and the vehicle interior cooling heat exchanger depending on the air conditioning condition, so that at least one of the recovery of air heat by the refrigerant of the outdoor heat exchanger, the recovery of waste heat of the electrical components by the refrigerant of the chiller, and the dehumidification of the vehicle interior by the vehicle interior cooling heat exchanger can be selected (Figures 1-8; Paragraphs 80-159).
Re Claim 3. Kim teaches the refrigerant control part is configured to, when entering a maximum heating mode under the heat pump mode condition, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant in parallel into the outdoor heat exchanger and the chiller, so that the recovery of air heat by the refrigerant of the outdoor heat exchanger and the recovery of waste heat of the electrical components by the refrigerant of the chiller can be performed simultaneously (Figure 4 illustrates parallel circulation; Paragraphs 80-185).
Re Claim 4. Kim teaches the refrigerant control part is configured to, when entering the vehicle interior dehumidifying mode under a heat pump mode condition and a maximum heating mode condition, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant in series into the outdoor heat exchanger and the chiller and into the vehicle interior cooling heat exchanger, so that the recovery of air heat by the refrigerant of the outdoor heat exchanger, the recovery of waste heat of the electrical components by the refrigerant of the chiller, and the dehumidification of the vehicle interior by the vehicle interior cooling heat exchanger can be performed simultaneously (Figure 3 illustrates series connection of the outdoor heat exchanger, the chiller, and the vehicle interior cooling heat exchanger; Paragraphs 80-185).
Re Claim 5. Kim teaches the refrigerant control part is configured to, when entering a general heating mode under the heat pump mode condition, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant into only the chiller, so that only the recovery of waste heat of the electrical components by the refrigerant of the chiller can be performed (Figure 5, the refrigerant is depressurized and expanded by the internal condenser 12a and the expansion valves 34, 35 before only entering chiller 13; Paragraphs 161-184).
Re Claim 6. Kim teaches the refrigerant control part is configured to, when entering the vehicle interior dehumidifying mode under the heat pump mode condition and the general heating mode condition, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant in parallel into the chiller and the vehicle interior cooling heat exchanger, so that the recovery of waste heat of the electrical components by the refrigerant of the chiller and the dehumidification of the vehicle interior by the vehicle interior cooling heat exchanger can be performed simultaneously (Figures 4, 7; Paragraphs 184-217, 263-286).
Re Claim 7. Kim teaches the refrigerant control part is configured to, if the temperature of the cooling water of the cooling water circulation line for cooling the electrical components is equal to or lower than a preset value when entering the general heating mode under the heat pump mode condition, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant into only the outdoor heat exchanger, so that only the recovery of air heat by the refrigerant of the outdoor heat exchanger can be performed (Figures 3-4 illustrates the depressurized and expanded refrigerant entering into the outdoor heat exchanger 14; Paragraphs 162-217).
Re Claim 8. Kim teaches the refrigerant control part is configured to, when entering the vehicle interior dehumidifying mode under the heat pump mode condition and a condition in which the temperature of the cooling water of the cooling water circulation line is equal to or lower than a set temperature, depressurize and expand the refrigerant on the compressor side and then introduce the depressurized and expanded refrigerant in parallel into the outdoor heat exchanger and the vehicle interior cooling heat exchanger, so that the recovery of air heat by the refrigerant of the outdoor heat exchanger and the dehumidification of the vehicle interior by the vehicle interior cooling heat exchanger can be performed simultaneously (Figures 4, 7; Paragraphs 162-217, 263-286).
Allowable Subject Matter
Claims 9-16 are 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 well as overcome the 112(b) rejection above.
The following is a statement of reasons for the indication of allowable subject matter: Claim 9 recites “the refrigerant control part includes: first and second heat pump expansion valves installed in parallel on portions of the refrigerant circulation line on the common upstream side of an outdoor heat exchanger, a vehicle interior cooling heat exchanger and a chiller, and configured to depressurize and expand the refrigerant on the compressor side; a first three-way flow control valve configured to selectively allow the refrigerant depressurized and expanded by the first heat pump expansion valve to flow toward either the outdoor heat exchanger or the chiller; a second three-way flow control valve configured to selectively allow the refrigerant depressurized and expanded by the second heat pump expansion valve to flow toward either the outdoor heat exchanger or the vehicle interior cooling heat exchanger; and a valve control part configured to, in the heat pump mode, control the first and second heat pump expansion valves and the first and second three-way flow control valves to depressurize and expand the refrigerant on the compressor side and to selectively allow the depressurized and expanded refrigerant to flow toward at least one of the outdoor heat exchanger, the chiller and the vehicle interior cooling heat exchanger depending on an air conditioning condition”. Kim teaches a refrigerant control part (as outlined above), but fails to specifically teach the locations of the expansion valves, the three-way valves, and the associated structural connections between all the elements as recited in claim 9. There would be no motivation to further modify the prior art without utilizing impermissible hindsight reasoning or without changing the principle of operation of the prior art. Therefore, the invention is novel and non-obvious in view of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763
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