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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2025 was filed on the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In the instant case, the term “pre-expansion device” is described in the specification as “an expansion device with a variable diameter opening allowing the refrigerant to pass without a drop in pressure when open to its maximum diameter” (Applicant’s disclosure, par.59). Therefore, the specification fails to disclose a corresponding structure for performing said pre-expansion.
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 1-9 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 limitations “pre-expansion device”, “main expansion device”, “first pre-expansion device”, “second pre-expansion device” and “secondary expansion device” invoke 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. 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.
The recitations of “fourth bypass pipe”, “fifth bypass pipe”, “seventh connection point”, “eight connection point”, “ninth connection point” and “tenth connection point” (claim 5) are unclear. The recitations render the claim indefinite because previously, more specifically in claim 4, a 1st bypass, and a 1st and 2nd connection points have been disclosed, therefore, it is unclear how claim 5 recites a 4th and 5th bypass, along with 7th, 8th, 9th and 10th connection points, without previously claiming a 2nd or 3rd bypass, nor a 3rd-6th connection points. For examination purposes, claim 5 will be examined as follows: --…a second bypass pipe joining a third connection point, disposed on the first main loop downstream of the storage cylinder, to a fourth connection point, disposed on the first main loop between the first pre-expansion device and the storage cylinder, and a third bypass pipe joining a fifth connection point, disposed on the first main loop downstream of the additional heat exchanger, to a sixth connection point, disposed on the first main loop downstream of the evaporator.--
The recitations of “a sixth bypass pipe”, “an eleventh connection point” and “a twelfth connection point” (claim 6) are unclear. The recitations render the claim indefinite because previously, more specifically in claim 3, no previous bypass pipes, nor connection points have been claimed (see above rejection of claim 5 as an example). For examination purposes, claim 6 will be examined as follows: --…a first bypass pipe joining a first connection point, disposed on the first main loop downstream of the compressor, to a second connection point, disposed on the first main loop upstream of the additional heat exchanger.--
The recitations of “a third bypass pipe”, a fifth connection point” and “a sixth connection point” (claim 7) are unclear. The recitations render the claim indefinite because previously, more specifically in claim 3, no previous bypass pipes, nor connection points have been claimed (see above rejection of claim 5 as an example). For examination purposes, claim 7 will be examined as follows: --…a first bypass pipe joining a first connection point, disposed on the first main loop downstream of the first condenser, to a second connection point, disposed on the first main loop between the additional heat exchanger and the first pre-expansion device.--
The recitation of “…the main loop is a second main loop…” (claims 8 and 9) is unclear. The recitation renders the claim indefinite because parent claim 2 fails to previously disclose a first main loop, therefore, rendering the claim indefinite. For examination purposes, the term “second loop” will be examined as a first loop.
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.
Claim(s) 1-4 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thuez (EP 2743107 A1, refer to attached translation).
Regarding claim 1, Thuez discloses a thermal management device for an electric or hybrid motor vehicle, said thermal management device comprising a refrigerant circuit (refer to fig.1) inside which a refrigerant circulate, the refrigerant circuit comprising, in a direction of circulation of the refrigerant:
a compressor (11);
a condenser (13) for absorbing heat energy from the refrigerant;
a pre-expansion device (refer to capillary 49 creating a pressure drop as in par.53) disposed directly upstream of a storage cylinder (33);
a main expansion device (43); and
an evaporator (17) for transmitting heat energy to the refrigerant.
Regarding claim 2, Thuez meets the claim limitations as disclosed above in the rejection of claim 1. Further, Thuez discloses wherein the condenser (13) comprises an additional heat exchanger (15) through which both the refrigerant and an auxiliary fluid flow, wherein the pre-expansion device (49) comprising a first pre-expansion device, and wherein the thermal management device comprises, in the direction of circulation of the refrigerant, a main loop comprising, in the direction of the refrigerant: the compressor (11); the additional heat exchanger (15, though line 21); the first pre-expansion device (49) disposed directly upstream of the storage cylinder (33); the main expansion device (43); and the evaporator (17).
Regarding claim 3, Thuez meets the claim limitations as disclosed above in the rejection of claim 2. Further, Thuez discloses wherein the main loop is a first main loop (refer to fig.1), wherein the condenser (13) further comprises a first condenser which transmit heat energy to an auxiliary fluid and is disposed on the first main loop in the direction of circulation of the refrigerant between the compressor (11) and the additional heat exchanger (15).
Regarding claim 4, Thuez meets the claim limitations as disclosed above in the rejection of claim 3. Further, Thuez discloses wherein the pre-expansion device (49) comprises a second pre-expansion device (41), wherein the thermal management device comprises a first bypass pipe joining a first connection point (refer to fig.1 below), disposed on the first main loop downstream of the first condenser (13), to a second connection point (refer to fig.1 below), disposed on the first main loop between the first pre-expansion device (49) and the storage cylinder, and wherein the second pre-expansion device (41) is disposed between the first condenser (13) and the storage cylinder (33).
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Regarding claim 6, Thuez meets the claim limitations as disclosed above in the rejection of claim 3. Further, Thuez discloses a first bypass pipe (refer to fig. 1 below) joining a first connection point, disposed on the first main loop downstream of the compressor (11), to a second connection point, disposed on the first main loop upstream of the additional heat exchanger (15).
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Regarding claim 7, Thuez meets the claim limitations as disclosed above in the rejection of claim 3. Further, Thuez discloses a first bypass pipe (said bypass including expansion device 41) joining a first connection point, disposed on the first main loop downstream of the first condenser (13), to a second connection point, disposed on the first main loop between the additional heat exchanger (15) and the first pre-expansion device (49).
Regarding claim 8, Thuez meets the claim limitations as disclosed above in the rejection of claim 2. Further, Thuez discloses wherein the main loop is a first main loop (refer to fig.1),wherein the condenser further comprises a first condenser (13) for transmitting (and capable of transmitting) heat energy to an internal air flow (F1), and wherein the thermal management device comprises, in the direction of circulation of the refrigerant, a first bypass branch (branch including first condenser 13) connecting a first junction point (refer to fig.1), disposed on the first main loop downstream of the compressor (11), to a second junction point, disposed on the first main loop upstream of the first pre-expansion device (49), wherein said first bypass branch comprising the first condenser (refer to fig. 1).
Regarding claim 9, Thuez meets the claim limitations as disclosed above in the rejection of claim 2. Further, Thuez discloses a second bypass branch (including expansion member 41) connecting a third junction point (refer to fig.1), disposed on the first main loop downstream of the first condenser (13), to a fourth junction point, disposed on the first main loop upstream of the additional heat exchanger (15), wherein said second bypass branch pipe comprising a secondary expansion device (41).
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
