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 .
Election/Restrictions
Applicant's election with traverse of Invention I and Species B in the reply filed on 15 January 2026 is acknowledged. The traversal is on the ground(s) that there is no undue search burden. This is not found persuasive because examination requires employing different search strategies and search queries, and the examination burden is not limited exclusively to a prior art search but also includes the effort required to apply the art by making and discussing all appropriate grounds of rejection. Multiple inventions, such as those in the present application, require additional reference material and further discussion for each additional feature addressed. Concurrent examination of the multiple inventions claimed would thus involve a significant burden even if all searches were coextensive, which they are not. See MPEP 808.02.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3, 12, and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention II species A or C, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 January 2026.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2, 4-5, 8, 10-11, 13, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gameiro (US 20140223917) in view of Andre (US 20160003148).
Regarding claim 1, Gameiro discloses A thermal management system comprising:
a first heat exchanger (Figure 3, items 54 or 36 can both be the first heat exchanger) including a first path for a first fluid (Figure 3 shows the first path line showing the oil line) and a second path for a second fluid, the first heat exchanger to transfer thermal energy between the first fluid and the second fluid (Par. 0037 describes the heat exchanger being air/oil with the air path being the second fluid in the second path. Alternatively for item 36, the claims do not require the second and third fluids to be different types of fluids and item 36 shows the fuel for the exchanger being received from a different line than for item 60 so the heat exchanger provides transfer between a first and second fluid);
a second heat exchanger including a third path for the first fluid (Figure 3, item 60 shows a second heat exchanger with a third path 62 for the first fluid) and a fourth path for a third fluid, the second heat exchanger to transfer thermal energy between the first fluid and the third fluid, the second heat exchanger in circuit with the first heat exchanger (Figure 3 shows the fourth path of fuel passing through 60 which is described in paragraphs 0043-0046);
a second thermostatic valve including a second thermostatic element, the second thermostatic element to actuate the second thermostatic valve to control a second rate of flow of the first fluid through the second heat exchanger based on a second temperature of the third fluid (Figure 3 shows a valve 64 that paragraph 0057 describes can be a thermostatic valve. Paragraphs 0050-0056 describes that the valve is responsive to the temperature of the oil passing through it. As such oil has passed through the fuel/oil heat exchanger prior to arriving at the thermostatic valve, the oil temperature is affected by the fuel temperature and as such the rate of flow through the valve and thereby through the FCOC is based in part on the temperature of the fuel. The effect of the fuel temperature and desire for control of it is described in paragraph 0056). However, Gameiro does not explicitly disclose a first thermostatic valve including a first thermostatic element, the first thermostatic element to actuate the first thermostatic valve to control a first rate of flow of the first fluid through the first heat exchanger based on a first temperature of the first fluid.
Gameiro and Andre are analogous prior art because both describe thermostatic valves being used with heat exchangers. Andre teaches providing a thermostatic bypass line (16) with a thermostatic valve (18A, described in paragraph 0040) in parallel with the ACOC (12) upstream of a FCOC (14). The bypass line inclusion is known to provide a safety line to avoid overpressure of the heat exchanger (Par. 0005), the bypass allows regulation of the flow through the ACOC (Par. 0008), the combination of the pressure valve and the thermostatic valve allows for more specific control of the pressure drop over the heat exchanger to optimize the temperature and pressure (Pars. 0017-0023). Further, as both Gameiro and Andre show heat exchanger structures upstream and in series with a separate FCOC, the bypass of Andre would provide predictable results if added to the first heat exchanger (either items 54 or 36) of Gameiro. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the bypass, the thermostatic valve, and the pressure valve of Andre in the first heat exchanger of Gameiro because the bypass and valves provides a safety line to avoid overpressure of the heat exchanger (Par. 0005), it allows regulation of the flow through the first heat exchanger (Par. 0008), and the combination of the pressure valve and the thermostatic valve allows for more specific control of the pressure drop over the heat exchanger to optimize the temperature and pressure (Pars. 0017-0023). Andre paragraphs 0008 and 0047 describe the valve controlling the rate of flow through the first heat exchanger.
Regarding claim 2, Gameiro in view of Andre teaches that the first heat exchanger and the second heat exchanger are arranged in parallel (Gameiro Figure 3 shows 54 and 60 being arranged in parallel).
Regarding claim 4, Gameiro in view of Andre teaches that the first heat exchanger is an air-cooled oil cooler (Gameiro Par. 0037 describes the first heat exchanger being air/oil with the air path being the second fluid in the second path), the second heat exchanger is a fuel-cooled oil cooler (Figure 3, item 60 described as a FCOC in paragraphs 0043-0056), the first fluid is oil, the second fluid is air (Par. 0037), and the third fluid is fuel (Pars. 0043-0056).
Regarding claim 5, Gameiro in view of Andre teaches that at least one of a size or a shape of the first thermostatic element changes in response to the first temperature of the first fluid at a first temperature sensing point (Andre Paragraphs 0040 and 0042 describes the thermostat responding automatically to temperature, and the operating function that allows this to happen is an element in the valve that changes in size or shape in response to temperature so the limitations are disclosed), the first temperature sensing point downstream of the second heat exchanger (As described in the rejection of claim 1, item 36 of Gameiro is capable of being the first heat exchanger. As such, the bypass and first valve and temperature sensing point would be downstream of item 60).
Regarding claim 8, Gameiro in view of Andre teaches that the second thermostatic valve includes a first flow path and a second flow path, the second thermostatic element actuates the second thermostatic valve to nearly close the first flow path and open the second flow path in response to the second temperature falling below a second low temperature threshold (Gameiro Paragraph 0055 describes closing the line through 54 and opening the line through 60 in response to a low temperature), and the second thermostatic element actuates the second thermostatic valve to open the first flow path and nearly close the second flow path in response to the second temperature exceeding a second high temperature threshold (Gameiro Paragraph 0054).
Regarding claim 10, Gameiro discloses A thermal management system comprising:
an air-cooled oil cooler (ACOC) (Figure 3, item 54);
a fuel-cooled oil cooler (FCOC) in circuit with the ACOC (Figure 3, items 36 and 60, with both being in circuit with the ACOC);
a second thermostatic valve fluidly coupled to the FCOC to control a second rate of oil flow through the FCOC based on a second temperature of fuel (Figure 3 shows a valve 64 that paragraph 0057 describes can be a thermostatic valve. Paragraphs 0050-0056 describes that the valve is responsive to the temperature of the oil passing through it. As such oil has passed through the fuel/oil heat exchanger prior to arriving at the thermostatic valve, the oil temperature is affected by the fuel temperature and as such the rate of flow through the valve and thereby through the FCOC is based in part on the temperature of the fuel. The effect of the fuel temperature and desire for control of it is described in paragraph 0056). However, Gameiro does not explicitly disclose a first thermostatic valve fluidly coupled to the ACOC to control a first rate of oil flow through the ACOC based on a first temperature of oil.
Gameiro and Andre are analogous prior art because both describe thermostatic valves being used with heat exchangers. Andre teaches providing a thermostatic bypass line (16) with a thermostatic valve (18A, described in paragraph 0040) in parallel with the ACOC (12) upstream of a FCOC (14). The bypass line inclusion is known to provide a safety line to avoid overpressure of the heat exchanger (Par. 0005), the bypass allows regulation of the flow through the ACOC (Par. 0008), the combination of the pressure valve and the thermostatic valve allows for more specific control of the pressure drop over the heat exchanger to optimize the temperature and pressure (Pars. 0017-0023). Further, as both Gameiro and Andre show ACOC structures upstream and in series with a separate FCOC, the bypass of Andre would provide predictable results if added to the ACOC of Gameiro. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the bypass, the thermostatic valve, and the pressure valve of Andre in the ACOC of Gameiro because the bypass and valves provides a safety line to avoid overpressure of the heat exchanger (Par. 0005), it allows regulation of the flow through the ACOC (Par. 0008), and the combination of the pressure valve and the thermostatic valve allows for more specific control of the pressure drop over the heat exchanger to optimize the temperature and pressure (Pars. 0017-0023). Andre paragraphs 0008 and 0047 describe the valve controlling the rate of flow through the first heat exchanger.
Regarding claim 11, Gameiro in view of Andre teaches that the ACOC and FCOC are arranged in parallel (Gameiro Figure 3 shows 54 and 60 being arranged in parallel).
Regarding claim 13, Gameiro in view of Andre teaches that the second thermostatic valve is a composite thermostatic valve, a first oil path of the composite thermostatic valve is fluidly coupled to the ACOC, and a second oil path of the composite thermostatic valve is fluidly coupled to the FCOC (Gameiro Figure 3 shows the second thermostatic valve 64 being coupled to both the FCOC 60 and the ACOC 54).
Regarding claim 17, Gameiro in view of Andre teaches that in response to the first temperature falling below a first low temperature threshold and the second temperature falling below a second low temperature threshold, the first thermostatic valve and the second thermostatic valve decrease the first rate of oil flow through the ACOC and increase the second rate of oil flow through the FCOC. Gameiro Paragraph 0055 describes that when the second temperature is below a threshold the oil is routed more through the FCOC 60 and not through the ACOC. Andre Paragraph 0008 describes that when the temperature is below a threshold the fluid is provided through the bypass and more is provided to the FCOC 14.
Regarding claim 18, Gameiro in view of Andre teaches that in response to the first temperature exceeding a first high temperature threshold and the second temperature exceeding a second high temperature threshold, the first thermostatic valve and the second thermostatic valve increase the first rate of oil flow through the ACOC and decrease the second rate of oil flow through the FCOC. Gameiro Paragraph 0054 describes that in the high temperature mode the second valve allows fluid to pass through the ACOC instead of the FCOC. Andre Paragraph 0008 describes that when the temperature is below a threshold the fluid is provided through the bypass and more is provided to the FCOC 14. Andre Paragrpah 0047 describes that with a high temperature the bypass is closed and fluid is flowed through the ACOC.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gameiro (US 20140223917) in view of Andre (US 20160003148) as applied to claim 1 above, and further in view of Nakashima (US 20160195000).
Regarding claim 9, Gameiro in view of Andre teaches the limitations of claim 1 as set forth in the above 103 rejection. However, Gameiro in view of Andre does not explicitly teach that the first thermostatic element and the second thermostatic element are wax pellets.
Gameiro in view of Andre and Nakashima are analogous prior art because both describe the use of thermostatic valves in flow control for heat exchangers. Nakashima teaches providing a wax pellet thermostatic valve where the wax pellets can respond to the predetermined temperature setpoints (Par. 0030). Gameiro and Andre both already discuss thermostatic valves that automatically respond to temperature setpoints (see rejections of claims 5 and 8 above) but do not discuss the actual thermostatic element and how it operates so one of ordinary skill in the art would have to choose a suitable thermostatic element. The use of wax is well known in the art and because of the similarities in application for heat exchangers between Gameiro in view of Andre and Nakashima, the use of a wax pellet thermostatic element would provide predictable results in the valves of Gameiro in view of Andre. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the wax pellets of Nakashima as the valve thermostatic elements of Gameiro in view of Andre because combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gameiro (US 20140223917) in view of Andre (US 20160003148) as applied to claim 13 above, and further in view of Finkbeiner (US 20050268866).
Regarding claim 14, Gameiro in view of Andre teaches the limitations of claim 13 as set forth in the above 103 rejection as well as the second thermostatic valve includeing a thermostatic element (As described in the rejecitons of claims 5 and 8 above both valves respond to temperature and as such have a thermostatic element) and a valve body (every valve must have a valve body to contain the fluid. However, Gameiro in view of Andre does not explicitly teach that the second valve has a spring.
Gameiro in view of Andre and Finkbeiner are analogous prior art because both describe dual inlet mixing thermostatic valves. Finkbeiner teaches using thermostatic valve with a spring and wax to provide three modes for the valve of blocking one inlet, blocking a second inlet, or partially mixing the two based on temperature (Par. 0047). Gameiro and Andre both already discuss thermostatic valves that automatically respond to temperature setpoints (see rejections of claims 5 and 8 above) but do not discuss the actual thermostatic element and how it operates so one of ordinary skill in the art would have to choose a suitable thermostatic element. As both the second thermostatic valve of Gameiro in view of Andre and the mixing valve of Finkbeiner provide mixing thermostatic valves with three modes that respond to temperature, the valve structure and spring of Finkbeiner would provide predictable results as the structure of the second thermostatic valve of Gameiro in view of Andre. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the valve structure and spring of Finkbeiner as the structure of the second thermostatic valve of Gameiro in view of Andre because combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Allowable Subject Matter
Claims 6, 7, and 15-16 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.
The following is a statement of reasons for the indication of allowable subject matter: With regards to claim 6, the first valve of Gameiro in view of Andre opens when the temperature is below the threshold so as to allow fluid to flow through the bypass instead of the heat exchanger, which is opposite of what is required by the claim. Modifying this structure to provide the limitations of claim 6 would be counter to the intent of the prior art and is not obvious.
With regards to claims 7 and 15-16, these limitations require the second thermostatic valve to use a direct temperature sensing point on the fuel line instead of the temperature sensing point being on the main oil line. The prior art found only discussed using the sensed oil temperature for the control of the valves and did not discuss that providing the specific sensed temperature of the fuel line as the input for the second valve might be important. No prior art was found that provided a similar structure that used a secondary line as only a sensing point for an automatic thermostatic valve without the fluid from that line being the working fluid through the valve. Further it is unclear why providing such a valve might have been an obvious modification of the prior art as the prior art intentionally uses the working fluid temperature for the set points.
Conclusion
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/THEODORE C RIBADENEYRA/ Examiner, Art Unit 3745
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