Ex Parte GOODEN et al

Patent Trials and Appeals Board

Apr 3, 2019

14491350 - (D) (P.T.A.B. Apr. 3, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/491,350 09/19/2014
28395 7590 04/05/2019
BROOKS KUSHMAN P.C./FG1L
1000 TOWN CENTER
22NDFLOOR
SOUTHFIELD, MI 48075-1238
FIRST NAMED INVENTOR
James Thomas GOODEN
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
83461472 6620
EXAMINER
KESSLER, MICHAEL A
ART UNIT PAPER NUMBER
3747
NOTIFICATION DATE DELIVERY MODE
04/05/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
docketing@brookskushman.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JAMES THOMAS GOODEN,
MICHAEL JOSEPH GIUNTA, and DAVID CURTIS IVES 1
Appeal2018-006104
Application 14/491,350
Technology Center 3700
Before JAMES P. CALVE, MICHELLE R. OSINSKI, and LISA M. GUIJT,
Administrative Patent Judges.
CAL VE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Office Action
finally rejecting claims 6-14, 16, 17, 19, 21, and 22. Appeal Br. 1. We have
jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.
1 Ford Global Technologies, LLC is identified as the real party in interest
and also is the applicant pursuant to 37 C.F.R. § 1.46. See Appeal Br. 1.
Appeal2018-006104
Application 14/491,350
CLAIMED SUBJECT MATTER
Claims 6 and 9 are independent. Claim 6 is reproduced below.
6. A method of controlling a temperature of a
lubricant in a motor vehicle transmission, the vehicle having a
temperature control system comprising a coolant circuit fluidly
connecting a coolant pump, an internal combustion engine, a
transmission cooler, and a thermostat configured to adjust a
coolant flow rate through the transmission cooler, the method
compnsmg:
directing a fraction of a coolant leaving the coolant pump
to the internal combustion engine and subsequently back to the
coolant pump;
directing a remainder of the coolant leaving the coolant
pump to the transmission cooler and subsequently back to the
coolant pump, bypassing the internal combustion engine; and
varying the fraction in response to a change in coolant
temperature.
Appeal Br. Claims App. 1.
REJECTIONS
Claims 6-10, 14, 16, 17, 21, and 22 are rejected under 35 U.S.C.
§ 102(a)(2) as anticipated by Lutze (US 7,267,084 B2, iss. Sept. 11, 2007).
Claims 11-13 are rejected under 35 U.S.C. § 103 as unpatentable over
Lutze and Pfeffinger (US 6,772,715 B2, iss. Aug. 10, 2004).
Claim 19 is rejected under 35 U.S.C. § 103 as unpatentable over Lutze
and Takahashi (US 6,530,347 B2, iss. Mar. 11, 2003).
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Appeal2018-006104
Application 14/491,350
ANALYSIS
Claims 6-10, 14, 16, 17, 21, and 22 As Anticipated By Lutze
Claims 6-8, 16, 17, and 21
Regarding claim 6, the Examiner finds that Lutze discloses a method
of controlling a temperature of a lubricant in a motor vehicle transmission as
claimed with coolant pump 1, internal combustion engine 6, transmission
cooler 24, and thermostat 17 by directing part of a coolant leaving coolant
pump 1 to internal combustion engine 6 and back to coolant pump 1. Final
Act. 3. The Examiner also finds that Lutze discloses directing a remainder
of the coolant leaving coolant pump 1 to transmission cooler 24 and back to
coolant pump 1, bypassing internal combustion engine 6 as claimed. Id.
In particular, the Examiner finds that thermostat valve 17 directs fluid
primarily from coolant pump 1 to internal combustion engine 6 and back to
coolant pump through fluid path 18. Id. at 3--4. The Examiner finds that
thermostat valve 17 also directs a remainder of fluid to air/fuel cooler 21 via
fluid path 20 where coolant in fluid path 20 passes through low temperature
region 23 and into transmission oil cooler 24 and back to coolant pump thus
bypassing internal combustion engine 6 as claimed. Id. at 4. The Examiner
finds that the fraction of fluid flowing through path 18 after leaving coolant
pump 1 to internal combustion engine 6 does not flow through transmission
cooler 24 before returning to coolant pump 1. Id.; see Ans. 11-12.
Appellant argues that fluid flowing through path 20 includes fluid that
has flowed through internal combustion engine 6 after leaving coolant pump
1 on its way to transmission cooler 24. Appeal Br. 3. Appellant also argues
that thermostat 17 does not control fluid flowing from coolant pump 1 to
engine 6 via paths 4, 5, or fluid bypassing engine 6 via element 15. Id. at 4.
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Appeal2018-006104
Application 14/491,350
The Examiner is correct that thermostat valve 17 directs fluid through
different paths 18, 20 before returning to coolant pump 1. However, we do
not agree that fluid directed by thermostat valve 17 to transmission oil cooler
24 and then to coolant pump 1 bypasses internal combustion engine 6. Final
Act. 4; Ans. 11-12. Instead, fluid flowing to thermostat valve 17 also passes
through internal combustion engine 6 after it leaves coolant pump 1. After
exiting engine 6, it flows to thermostat valve 17 via flow line 10 and cooling
circuit 11. Lutze, 4:58---60. Lutze discloses that the "coolant flows from the
return flow line 10 of the internal combustion engine 6 to a second flow
control unit 17." Id. at 5:51-53. Figure 1 of Lutze, which is reproduced
below, illustrates how the coolant passes through internal combustion engine
6 after leaving coolant pump 1 and before passing to thermostat valve 17.
33
31
17
16
{
14
s
Figure 1 illustrates a cooling and heating device that supplies coolant
to internal combustion engine 6 from coolant pump 1 and returns coolant to
pump 1 via cooling circuits 18, 20. Id. at 1:53---67. Thus, fluid directed by
thermostat valve 17 to transmission cooler 24 does not bypass the internal
combustion engine as required by claim 6.
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Appeal2018-006104
Application 14/491,350
Coolant leaving coolant pump 1 can bypass engine 6 through engine
oil cooler 15 and heating circuit line 12. Id. at 5: 10-27; Appeal Br. 4. The
Examiner makes no finding whether this engine bypass flow passes through
transmission cooler 24 before returning to coolant pump 1. Final Act. 3--4;
Ans. 11-14. Thus, we do not sustain the rejection of claim 6, or dependent
claims 7, 8, 16, 17, and 21.
Claims 9, 10, 14, and 22
Independent claim 9 recites a vehicle cooling system comprising "a
second coolant loop directing a remainder of fluid from the pump through a
transmission cooler and back to the pump, bypassing the engine." Appeal
Br. Claims App. 1. The Examiner again relies on Lutze to teach this feature
as coolant flow directed from thermostatic controller 17 to transmission oil
cooler 24 on fluid path 20 as for claim 6. Final Act. 5---6. Appellant argues
that coolant passing from thermostat 17 does not bypass internal combustion
engine 6 as claimed. Appeal Br. 4. We agree for the reasons discussed in
the rejection of claim 6. Thus, we do not sustain the rejection of claim 9 or
claims 10, 14, and 22, which depend therefrom.
Claims 11-13 and 19
As Unpatentable over Lutze and Pfeffznger/Takahashi
The Examiner's reliance on Pfeffinger and Takahashi to disclose
features recited in claims 11-13 and 19, respectively, does not remedy the
failure of Lutze to anticipate claim 9 from which these claims depend. Thus,
we do not sustain the rejection of claims 11-13 and 19.
DECISION
We reverse the rejections of claims 6-14, 16, 17, 19, 21, and 22.
REVERSED
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