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 .
Status of Application
Claims 1-8, 10-11, 14-20 are currently pending. Claim 1 is currently amended. Claims 9, 12-13 are cancelled.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are not found persuasive because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See the new rejection below with new grounds of rejection with a different “first sidewall” and a “second side wall”.
Claim Objections
Claim 18 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 17. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Examiner suggests cancelling claim 18.
Claim Rejections - 35 USC § 102
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) 1-8,10-11 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frederic (WO2018206895A1, translation attached, previously cited).
Regarding claim 1, Frederic discloses a cooling system for a battery pack (heat exchanger 1), comprising:
a collecting tube (collecting box 41, 42 in Fig 1) comprising a body portion with a cooling flow channel (cylindrical chamber 316);
a cooling tube (straight tubes 11 in Fig 1 [0113]; see Fig 1,2), wherein the cooling tube is provided with the collecting tube at each of two ends of the cooling tube in an axial direction and is in communication with the cooling flow channel (see Fig 1),
wherein the body portion is further provided with a mounting hole (“several oblong orifice 310” [0110]),
a limiting boss (i.e., sealing gasket 51) is arranged inside the mounting hole (see Fig 2,3),
the limiting boss abuts against (note: interpreted as being physically adjacent to) a width-direction end portion of the cooling tube (straight tubes 11) along a width direction (see annotated Fig 3 below)
the axial direction of the cooling tube (straight tubes 11) is the width direction,
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wherein along the width direction, the mounting hole comprises a first hole section (recess 312) and a second hole section (orifice 310), the first hole section is in communication with the second hole section, and the second hole section is in communication with the cooling flow channel (cylindrical chamber 316);
wherein the first hole section has a first side wall (see annotated Fig 2 below) along a height direction, and
the cooling flow channel (cylindrical chamber 316) has a second side wall along the width direction (see annotated Fig 2 below); the second side wall is close to the cooling tube;
a thickness of the first side wall along the height direction is greater than a thickness of the second side wall along the width direction (see annotated Fig 2 below),
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Frederic further discloses in Fig 3, wherein the body portion is provided with a protruding portion inside the body portion (sealing nipple 511; Fig 2, 3), the protruding portion protrudes toward the inside of the body portion in the width direction and the height direction and the protruding portion extends along a length direction (see Fig 2, 3), as claimed.
Frederic further discloses wherein:
along the length direction, the protruding portion (sealing nipple 511; Fig 2, 3) is provided with a plurality of the mounting holes (“several orifices 310 distributed along its [cover 31] length” [0110]),
wherein along the height direction, the cooling flow channel (cylindrical chamber 316) has a first bottom wall (see annotated Fig 3 below)
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the protruding portion (sealing nipple 511) is disposed on the first bottom wall and the second side wall of the cooling flow channel so as to be contacted with the first bottom wall and the second side wall (see Fig 3 above), and
along the height direction, the protruding portion protrudes from the first bottom wall (see Fig 3 above)
along the width direction, the protruding portion protrudes from the second side wall (see Fig 3 above).
Regarding claim 2, Frederic discloses the cooling system according to claim 1, wherein an outer wall of the cooling tube is welded to an inner wall of the mounting hole [0051, 0060].
Regarding claim 3, Frederic discloses the cooling system according to claim 1, wherein two collecting tubes are provided, and the two collecting tubes are respectively located at two ends of the cooling tube along the width direction (see collecting box 41,42 respectively located at two ends of the tube 11); Fig 1).
Regarding claim 4, Frederic discloses the cooling system according to claim 3, wherein one of the two collecting tubes (collecting box 41, 42) is provided with a plurality of tube 11 comprising a plurality of channels 111 (see Fig 1) wherein fluid is distributed into the tubes 11 then to the second collector box 42 (see the arrows in Fig 1; [0089]). Thus, Frederic discloses wherein one of the two collecting tubes (i.e., collecting box 41) is provided with a liquid inlet and a liquid outlet (i.e., channels 111 of tube 11 wherein fluid flows in and out or “a liquid inlet and a liquid outlet” as claimed).
Regarding claim 5, Frederic discloses the cooling system according to claim 1, wherein along a height direction and a length direction, a size of the first hole section (i.e., recess 312; same size as the size of base 510) is larger than a size of the second hole section (i.e., same as the size of sealing nipple 511),
the limiting boss (sealing gasket 51) is formed (i.e., inserted) between the first hole section (recess 312) and the second hole section (orifice 310), the height direction is the direction in which the collecting tube (collecting box 41, 42 in Fig 1) extends and is perpendicular to the axial direction, and the width direction, the length direction, and the height direction are perpendicular to each other.
Regarding claim 6, Frederic discloses the cooling system according to claim 5, wherein an inner diameter of the first hole section (recess 312) is greater than an outer diameter of the cooling tube (straight tubes 11) as claimed, to accommodate the sealing gasket 51 (see Fig 2).
Regarding claim 7, Frederic discloses the cooling system according to claim 5, wherein an outer wall of the cooling tube is attached to and welded to an inner wall of the first hole section (i.e., an outer wall of the cooling tube is attached to and welded to a surface of the recess 312 via collector 21 and sealing gasket 51; see Fig 2,3 [0118]).
Regarding claim 8, Frederic discloses the cooling system according to claim 5, wherein the cooling tube (straight tubes 11) is inserted into the second hole section (orifice 310). A person having ordinary skill in the art would anticipate that along the height direction, an inner wall of the second hole section (orifice 310) is flush with (note: interpreted as being at the same level) an inner wall of the cooling tube (straight tubes 11).
Regarding clam 10, Frederic discloses the cooling system according to claim 2, wherein the first hole section (recess 312) is further connected with a third hole section (recess 215 around the perimeter of the outerwall of collar 214 in Fig 2, 3; [0122]), and the third hole section and the second hole section (orifice 310) are respectively located on the two ends of the first hole section along the width direction (see Fig 2,3 where recess 215 and orifice 310 are on two ends of the recess 312, and the recess 215, 310, recess 312 are aligned in the width direction);
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Frederic further discloses that the third hole section (recess 215) is tapered with a gradually decreasing cross-sectional area along the direction from the third hole to the first hole section (see Fig 3 wherein the cross-sectional area of the hole decreases along the direction from the recess 215 to recess 312).
Regarding claim 11, Frederic discloses the cooling system according to claim 1, wherein along the width direction, the cooling tube (straight tubes 11) comprises a mounting section (i.e., upper channels 111 mounted in collar 214; see Fig 4) and a cooling section (i.e., the remaining lower and uninserted part of the channels 111 in Fig 4);
wherein the mounting section protrudes into the mounting hole (see Fig 4 where the mounting section protrudes into orifice 310),
the mounting section abuts against the limiting boss (i.e., sealing gasket 51), and
the cooling section (lower portion of the channel 111; see annotated Fig 4) is located outside the mounting hole (note: “located outside” is interpreted as being located in a different area);
a cross-sectional area of the mounting section is equal to a cross-sectional area of the cooling section (i.e., the size of the mounting section and the lower/uninserted channels 111 is the same).
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Regarding claim 14, Frederic discloses the cooling system according to claim 1, wherein along the length direction, both ends of the body portion (ends of groove 313; Fig 2) are fixedly connected with a blocking cover (collector 21). Frederic further discloses that the wings 213, 213’ of the collector 21 are inserted into the groove 313 to fix the collector and the cover, thus reads on the claimed limitation of wherein “the blocking cover blocks the cooling flow channel” (note: blocking is interpreted as making the movement difficult or impossible).
Regarding claim 15, Frederic discloses the cooling system according to claim 14, wherein the blocking cover (collector 21; Fig 2) comprises a second bottom wall (wing 213) and a third side wall (central wall 212);
wherein the third side wall (central wall 212) is provided with an inner concave portion (collar 214) that is engaged with the protruding portion (i.e., sealing nipple 511; “engaged” or fixed via channel 11 in Fig 3), and
the third side wall (central wall 212) is fixedly connected with an inner wall of the body portion (i.e., connected to a surface of recess 312 via base 510); the second bottom wall (wing 213) blocks the cooling flow channel (i.e., cylindrical chamber 316). Examiner notes that blocking is interpreted as making the movement difficult or impossible. As shown in Fig 2, wing 213 is fixed to the cooling flow channel via ratchet teeth 218, 219. Thus, the wing 213 necessarily blocks the movement of the cooling flow channel.
Regarding claim 16, Frederic discloses the cooling system according to claim 15, wherein the third side wall (central wall 212) is engaged with and welded to (note: welding is interpreted as to unite) the inner wall (inner surface of recess 312) of the body portion (i.e., the central wall 212 is fixed to the inner wall of the recess 312 via gasket 51 and tube 11; see Fig 2,3).
Regarding claims 17-19, Frederic discloses the cooling system according to claim 1, wherein a circular arc transition exists between the protruding portion and the body portion (see Fig 3 having a circular arc transitioning to a non-circular surface between the walls of circular chamber 316 and the protruding portion)
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Regarding claim 20, Frederic discloses a battery pack (i.e., an energy source comprising one or more batteries [0077]), comprising: a battery module comprising a plurality of unit cells (“a plurality of electrical energy storage cells” [0077]); the cooling system according to claim 1 [0078],
Frederic further discloses wherein the cooling system (i.e., heat exchanger) comprising the cooling tube (straight tube 11) is positioned at the bottom of a protection case [0078], which envisages the claimed limitation of “wherein the cooling tube is arranged below the battery module”. Frederic further discloses wherein a bottom of the battery module and the cooling tube are in contact with each other [0078]; wherein the cooling system is configured for cooling the battery module [0077-0078].
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application 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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frederic (WO2018206895A1, translation attached, previously cited).
Regarding claim 4, Frederic discloses the cooling system according to claim 3, wherein, in another interpretation, one of the collecting tubes (collecting box 41) is provided with a liquid inlet (inlet fluid connection 410), and another collecting tube (collecting box 42) is provided with a liquid outlet (outlet fluid connection 420) (see Fig 1). Thus, Frederic discloses wherein each collecting tube only possesses one of liquid inlet or liquid outlet, and does not disclose wherein “one of the two collecting tubes is provided with a liquid inlet and a liquid outlet” as claimed.
However, Frederic further discloses that the inlet and the outlet of the heat transfer fluid can be arranged on each of the two collection boxes or on the same collection box [0170]. Thus, it would have been obvious for a person having ordinary skill in the art to have modified the cooling system structure of Frederic, such that “one of the two collecting tubes is provided with a liquid inlet and a liquid outlet” as claimed, with a reasonable expectation to provide a cooling system having heat transfer fluid inlet and outlet on the same collecting tube [0170].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.S./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751