Ex Parte GOODEN et alDownload PDFPatent Trials and Appeals BoardApr 3, 201914491350 - (D) (P.T.A.B. Apr. 3, 2019) Copy Citation 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). 2 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. 3 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. 4 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 5 Copy with citationCopy as parenthetical citation