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 .
Claim Objections
Claims 29 and 30 are objected to because of the following informalities:
In claim 29, line 1; the phrase “A thermal management module for a motor vehicle” should be changed to -- the thermal management module for the motor vehicle -- for proper antecedent basis.
In claim 29, line 3; the phrase “at least one heat exchanger with a reservoir” should be changed to --the heat exchanger with the reservoir -- for proper antecedent basis.
In claim 30, line 1; the phrase “a motor vehicle” should be changed to --the motor vehicle -- for proper antecedent basis.
In claim 30, line 2; the phrase “at least one thermal management module” should be changed to --the thermal management module -- for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
2. 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 16-30 is 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.
Regarding claim 16, line 1; the limitation, “in particular for” appears to lack support in the application as originally filed. The present application does not further disclose a structure capable of enabling the functions recited within the claim. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claims 17 - 30 are rejected based upon their dependency on claim 16.
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 16-30 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 pre-AIA the applicant regards as the invention.
Claim 16, line 1, recites the limitation "in particular”. It is unclear what constitutes “in particular”.
Claims 17 - 30 are rejected based upon their dependency on claim 16.
Claim 16 calls for the limitation of "one another and/or for collecting and storing the refrigerant" in line 7. It is unclear what constitutes “one other”; and also, it is unclear which of these limitations is applicable; “and for collecting”; or “or for collecting”.
Claims 17 - 30 are rejected based upon their dependency on claim 16.
Claim 23 calls for the limitation of "and/or" in line 2. It is unclear which of these limitations is applicable; “fluid is configured to flow through the second flow path (SP2) serially and in parallel”; or “fluid is configured to flow through the second flow path (SP2) serially or in parallel”. As best understood, for the purposes of examination, the limitation “and/or” has been interpreted as “or”.
Claim 27, line 3, calls for the limitation of the "substantially parallel”; this phrase renders the claim indefinite because the meaning of “substantially” is unclear and potentially could lead to multiple interpretations; 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 30 calls for the limitation of "and/or" in line 1. It is unclear which of these limitations is applicable; “a refrigerant circuit and coolant circuit for the motor vehicle”; or “a refrigerant circuit or coolant circuit for the motor vehicle”. As best understood, for the purposes of examination, the limitation “and/or” has been interpreted as “and”.
Claim Rejections - 35 USC § 103
3. 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 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 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 of this title, 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 way the invention was made.
This application is currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16-23, 25 and 28-30 is rejected under 35 U.S.C. 103 as being unpatentable over HOLMANN et al. (U.S. PG Pub No.: 2016/0161160 A1), hereinafter referred to as HOLMANN et al. ‘160, in view of CHOI et al (U.S. PG Pub No.: 2023/0324128 A1), hereinafter referred to as CHOI et al ‘128.
Regarding claim 16, HOFMANN et al ‘160 disclose a heat exchanger (1, 60, 70), in particular for a thermal management module in a motor vehicle, comprising:- a plurality of plates (11, 68, 87) {as shown in Figs. 1-7: Abstract, ¶¶ [0077-0078]}; - a first flow path (SP1) for a coolant {see ¶¶ [0002], [0013], [0034] and [0064]; wherein a second flow channel constitutes a first flow path (SP1)};- a second flow path (SP2) for a refrigerant {see, ¶¶ [0002], [0013, [0034] and [0064]; wherein a first flow channel constitutes a second flow path (SP2)}; a reservoir (2) for separating gaseous and liquid portions of the refrigerant from one another and/or for collecting and storing the refrigerant { as shown in Figs. 1-7: ¶ [0086]}, wherein the plates are stacked or placed next to one another to define channels between adjacent plates {see ¶¶ [0013], [0022], [0026] and [0028]}- wherein a first part of each of the channels is within the first flow path (SP1), - wherein a second part of the channels is within the second flow path (SP2), - wherein the second flow path (SP2) comprises a first section for cooling and condensing the gaseous refrigerant,- wherein the second flow path (SP2) has a second section (4) for super-cooling the liquid refrigerant - further comprising another connector that is connected to the first section to define a fluid intake (12) for the reservoir {see Fig. 1: ¶¶ [0013], [0015], [0017-0018], [0023-0027], [0048], [0068], [0079] and [0085-0086]}; further comprising another connector that is connected to the second section to define a fluid outlet (6) for the reservoir {as shown in Fig. 2: ¶¶ [0087-0088]};- wherein the refrigerant flows from the first section into the second section via the reservoir {see ¶¶ [0091] and [0111]},
However, HOFMANN et al ‘160 fail to disclose the limitations of six connectors, which form the fluid intakes (WE1, WE2, WE3) and fluid outlets (WA1, WA2, WA3) for the first and second flow paths (SP1, SP2), and wherein the plates each comprise at least five holes (O), wherein at least five of the six connectors (WE1, WE2, WE3, WA1, WA2, WA3) are at the same end of the stack of plates in the heat exchanger (WT).
CHOI et al ‘128 teach: the concept of six connectors {as shown in Figs. 2-3, 9 and 15-16}, which form the fluid intakes (141, 143, 145) and fluid outlets (142, 144, 146) for the first and second flow paths (V1, V2), and wherein the plates each comprise at least five holes (H1-H6), wherein at least five of the six connectors (141, 142, 143, 144, 145, 146) are at the same end of the stack of plates in the heat exchanger (110A) {see Fig. 2: ¶¶ [0011], [0013-0015], [0019] and [0090-0091]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify HOFMANN et al ‘160 heat exchanger by the heat exchanger of CHOI et al ‘128 so as to include six connectors, which form the fluid intakes and fluid outlets for the first and second flow paths, and wherein the plates each comprise at least five holes, wherein at least five of the six connectors are at the same end of the stack of plates in the heat exchanger, in order to facilitate a heat exchanger in which two types of coolants having different temperature ranges, such as a coolant for cooling a battery and a coolant for cooling a motor, and one type of refrigerant in an electric vehicle may exchange heat by means of one heat exchanger {CHOI et al ‘128 – ¶ [0010]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the HOFMANN et al ‘160 in view of CHOI et al ‘128 to obtain the invention as specified in claim 1.
Regarding claim 17, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 disclose wherein the reservoir (2) and heat exchanger (1) are separated from one another and/or spaced apart from one another {as shown in Fig. 1: ¶¶ [0005], [0021] and [0086]}.
Regarding claim 18, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 as modified by CHOI et al ‘128 further teach the limitations of wherein the plurality of plates each have at least six holes, and the six connectors are each disposed at a same end of the stack of plates (110A, 120A) in the heat exchanger {as shown in Fig. 3: ¶¶ [0091] and [0115]}.
Regarding claim 19, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 disclose wherein the heat exchanger comprises at least one distributor plate {see ¶ [0008]}.
Regarding claim 20, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 disclose wherein the refrigerant is diverted (73) at least once along a height of the heat exchanger in the first section {see Fig. 7: ¶¶ [0083] and [0111]}.
Regarding claim 21, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 as modified by CHOI et al ‘128 further teach the limitations of wherein the plurality of plates are each rectangular, with two sides of different lengths, wherein at least three holes of the five holes upon each plate are located along one side {as shown on Fig. 16}.
Regarding claim 22, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 as modified by CHOI et al ‘128 further teach the limitations of wherein the plates each have an even number of holes, wherein the holes are arranged symmetrically {as shown on Fig. 16}.
Regarding claim 23, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 as modified by CHOI et al ‘128 further teach the limitations of wherein fluid is configured to flow through the second flow path (SP2) serially and/or in parallel {as shown on Fig. 16}.
Regarding claim 25, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 disclose wherein the flow paths (SP1, SP2) each comprise first and last channels, wherein the coolant flows counter to the refrigerant flow in both the first and last channels {see, ¶¶ [0002], [0013, [0034] and [0064]}.
Regarding claim 28, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, HOFMANN et al ‘160 disclose wherein the reservoir (2) contains one cylinder {as shown in Figs. 1-7: ¶ [0086]}.
Regarding claim 29, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the A thermal management module for a motor vehicle, which comprises at least one compressor or at least one pump, at least one expansion valve, at least one heat exchanger with a reservoir according to claim 16; HOFMANN et al ‘160 disclose an air conditioner system {see ¶¶ [0077] and [0086], wherein the air conditioner system comprises of at least one compressor or at least one pump, at least one expansion valve, at least one heat exchanger with a reservoir}.
Regarding claim 30, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach a refrigerant circuit and /or coolant for the motor vehicle, which comprises the thermal management module according to claim 29 {see HOFMANN et al ‘160 - ¶¶ [0043] and [0046]}.
Claims 24 is rejected under 35 U.S.C. 103 as being unpatentable over HOLMANN et al. ‘160 and CHOI et al ‘128 as applied to claim 16 above, further in view of RHEE et al (U.S. PG Pub No.: 2021/0283992 A1), hereinafter referred to as RHEE et al ‘992.
Regarding claim 24, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, EXCEPT for the limitations of wherein the heat exchanger comprises at least one separating plate (TP) or one separating plane (TE).
RHEE et al ‘992 teach: the concept of the heat exchanger (1000) comprises at least one separating plate (TP) (500) {as shown in Fig. 3: ¶¶ [0019], [0023] and [0061]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify HOFMANN et al ‘160 heat exchanger in view of RHEE et al ‘992 so as to include at least one separating plate, in order to facilitate securing of the reservoir to the heat exchanger {RHEE et al ‘992 – ¶ [0073]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the HOFMANN et al ‘160 in view of RHEE et al ‘992 to obtain the invention as specified in claim 24.
Claims 26 is rejected under 35 U.S.C. 103 as being unpatentable over HOLMANN et al. ‘160 and CHOI et al ‘128 as applied to claim 16 above, further in view of THEN et al (U.S. PG Pub No.: 2024/0375487 A1), hereinafter referred to as THEN et al ‘487.
Regarding claim 26, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, EXCEPT for the limitation of wherein the heat exchanger is an indirect condenser.
THEN et al ‘487 teach: the concept of the heat exchanger is an indirect condenser {see Fig. 8: ¶¶ [0045] and [0144]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify HOFMANN et al ‘160 heat exchanger by the heat exchanger of THEN et al ‘487 so as to include the use of an indirect condenser, in order to facilitate a coolant flow and while being subjected to the refrigerant compressed during operation of the refrigerant circuit { THEN et al ‘487 – ¶ [0045]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the HOFMANN et al ‘160 in view of THEN et al ‘487 to obtain the invention as specified in claim 26.
Claims 27 is rejected under 35 U.S.C. 103 as being unpatentable over HOLMANN et al. ‘160 and CHOI et al ‘128 as applied to claim 16 above, further in view of LIANG et al (English Translated Chinese Pub No.: 107804142 B), hereinafter referred to as LIANG et al ‘142.
Regarding claim 27, the combination of HOFMANN et al ‘160 and CHOI et al ‘128 disclose and teach the heat exchanger according to claim 16, EXCEPT for the limitations of wherein the reservoir contains at least two cylinders, wherein the at least two cylinders are substantially parallel to one another, wherein the at least two cylinders are connected to one another for fluid exchange.
LIANG et al ‘142 teach: the concept of the reservoir (6) contains at least two cylinders (61, 62), wherein the at least two cylinders are substantially parallel to one another, wherein the at least two cylinders are capable of being connected to one another for fluid exchange {as shown in Fig. 2: Page 4, ¶ 3; Page 6, ¶ 4; Page 9, ¶¶ 1-2, 6-7}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify HOFMANN et al ‘160 reservoir by the reservoir of LIANG et al ‘142 so as to include least two cylinders, wherein the at least two cylinders are substantially parallel to one another, wherein the at least two cylinders are connected to one another for fluid exchange, in order to improves the efficiency of the pre-valve heat exchange through the compact reservoir and reduces the space occupied by the components {LIANG et al ‘142 – Page 5, ¶ 2}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the HOFMANN et al ‘160 in view of LIANG et al ‘142 to obtain the invention as specified in claim 27.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
WO-2017055777-A1 to AZZOUZ KAMEL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
09/17/2026
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