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 Claims
Claims 1 – 12, 14- 19 are pending.
Claim 1 is amended.
Response to Amendment
Applicant’s amendments filed on 2/11/2026 have been entered.
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
The 103 rejections from the previous office action have been withdrawn.
Examiner Notes
Claim 3 states the term ‘valve’. This term means any of numerous mechanical devices by which the flow of liquid, gas or material may be started, stopped or regulated by a movable part that opens, shuts or partially obstructs passageways. Examiner notes this definition to include several mechanical structures that comprise a movable part covering a passageway.
Claim Rejections - 35 USC § 102
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 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) 1,2, 6-9, 11, 12, 14, 15, 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rich et al (US 2019/0393569 A1).
Regarding Claim 1,
Rich teaches a motor vehicle (Figure 1, Element 10) comprising a motor vehicle body, a traction battery arranged in the motor vehicle body (Figure 1, Element 12). Rich also teaches a cooling system for cooling the traction battery (Figure 1, Element 14; thermal enclosure that thermally isolates the body, and contains an air inlet and outlet system, Paragraph 0040). Rich teaches that the thermal enclosure is disposed in a wide variety of locations within the motor vehicle, such as the engine compartment, the trunk, beneath the rear seats or other such locations (Paragraph 0037). One such location is on the underbody of the vehicle. When the thermal enclosure is on the underbody, this constitutes the underbody element, and based on Figure 9 the underbody element would comprise a passage opening that forms part of the cooling system (Figure 9, Element 36 and 88). Rich teaches that the passage opening (the open end of inlet hose 88) faces a ground surface and the air intake 90 is disposed in an area on the underside of the motor vehicle 10 and draws cooling air 42 from beneath the motor vehicle 10. Rich also teaches that the inlet hose 88 is used with a baffle 96 that selectively allows cooling air through the inlet hose. The baffle also allows the ingress and/or egress of cooling air 42 into and/or out of the thermal enclosure 14, thereby allowing the battery 12 to be cooled (Paragraph 0053). This is akin to a closing element that is movable to open or close the passage opening.
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Regarding Claim 2,
Rich teaches that the baffle 96 is mechanically, chemically or thermally actuated (Paragraph 0053). Thus, the baffle (closing element) is configured to be controlled.
Regarding Claim 6,
Rich teaches that the traction battery (Figure 9, Element 12) is placed in the thermal enclosure 14. This thermal enclosure comprises a shell with top surface (Element 22), side walls and bottom surface (element 32). The placement of the thermal enclosure is not limited by Rich, and can be placed on the underbody of the vehicle. Hence, the traction battery would be located in a cavity formed between the shell and the underbody.
Regarding Claim 7,
Rich teaches that there is an air gap around the traction battery 12 (Figure 3, Element 44 annotated below).
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Regarding Claim 8,
Rich teaches that there is an air gap between the traction battery and underbody of the vehicle.
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Regarding Claim 9, Claim 11, Claim 12,
Rich teaches that the passage opening is arranged upstream and/or downstream in a direction of travel of the motor vehicle and/or in a region of the underbody element covered by the traction battery because Rich does not limit the position of the battery within the motor vehicle. Rich teaches that the thermal enclosure and battery therein, is disposed in a wide variety of locations within the motor vehicle, such as the engine compartment, the trunk, beneath the rear seats or other such locations (Paragraph 0037). Based on the position of the battery on the underbody, the closing element of Rich will also be disposed between front and rear ends of the motor vehicle, and the closing element would be spaced apart from the front end of the motor vehicle.
Regarding Claim 14,
The underbody element comprising the thermal enclosure 14 and the underbody of the motor vehicle 10, has a top wall 22, a bottom wall 32, and a hollow space wherein the traction battery 12 is positioned, and air enters through the passage opening 36.
Regarding Claim 15,
Rich teaches that the traction battery is mounted within the hollow space such that a first airflow gap exists between a top surface of the traction battery and the top wall of the underbody element and a second airflow gap exists between a bottom surface of the traction battery and the bottom wall of the underbody element. The arrows in Figure 9 show the flow of air around the traction battery, and there is air flow within the gap between the top wall 22 and the battery, and within the gap between the bottom wall 32 and the battery.
Regarding Claim 17,
Rich does not limit the position of the battery within the motor vehicle. Rich teaches that the thermal enclosure and battery therein, is disposed in a wide variety of locations within the motor vehicle, such as the engine compartment, the trunk, beneath the rear seats or other such locations (Paragraph 0037). Hence, the thermal enclosure and the passage opening is arranged on an outermost underside wall of the vehicle facing a ground surface.
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) 3-5, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Rich et al in view of Toledo et al (DE 102019001391 A1; Machine translation).
Regarding Claim 3,
Rich teaches that the closing element is a baffle, but does not teach that the closing element is a valve. Rich also teaches that the baffle 96 selectively allows cooling air 42 through the inlet hose 88 into the thermal enclosure 14, and is able to prevent the ingress and/or egress of cooling air 42 to/from the thermal enclosure 14 (Paragraph 0053).
A valve is a mechanical device by which the flow of liquid, gas or material may be started, stopped or regulated by a movable part that opens, shuts or partially obstructs passageways. Hence, the baffle of Rich, and the valve in the claimed invention perform the same function. Hence, it would be appropriate to modify the structure of Rich to include a valve instead of a baffle in order to perform the same function related to air intake.
Furthermore, Toledo teaches an adjustable flap element 42 that is arranged on the air guide channel that can be continuously adjusted between an open position or closed position (Paragraph 0020). This operation qualifies the adjustable flap device to be a valve. Toledo also provides an invention that relates to a temperature control device for a traction battery that consists of guiding airflow through an opening that extends between the device base and underbody of the motor vehicle (Paragraph 0009).
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Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Rich and Toledo in order for the closing element in Rich to be a valve in order to cool the device/battery via the air duct (Paragraph 0007).
Regarding Claims 4 and 5,
Rich does not teach that the closing element is pivotally mounted valve, and is pivotably arranged on the underbody.
However, Toledo teaches an adjustable flap device which is capable of opening or closing the air channel (Paragraph 0008). Also, Figure 1 shows that the flap is pivotally attached, and that it is arranged on the underbody (Paragraph 0009). Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the closing element of Rich to be a pivotably mounted valve in order to control the flow of air into the channel.
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Regarding Claim 16,
Rich does not teach that the closing element is either pivotably or slidably mounted to the passage opening.
However, Toledo teaches a flap element 42 that is arranged on the air guide channel for adjusting volume of the airflow (paragraph 0020). Per Figure 1 in Toledo, the flap element is pivotably attached, and since Toledo does not limit the arrangement of the flap element, it can be attached pivotably to the air guide channel. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the closing element (i.e, the baffle of Rich) to be pivotably mounted to the passage opening in order to provide a controlled passageway for the entry of air.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Rich et al in view of Fairburn et al (US 20030038508 A1).
Rich does not teach that the closing element is a NACA airfoil.
However, Fairburn teaches an air channeler in a vehicle used to reduce wind resistance of the vehicle. The air channeler has an air inlet, air discharge and air conduit to allow movement of air within the vehicle body and reduce the overall resistance and drag on moving vehicles. Fairburn teaches that there are methods that require the use of an airfoil for directing air inwardly (Paragraph 0005). Hence, Fairburn teaches the use of airfoil for vehicle air inlet. Thus, it would have been obvious to one of ordinary skill in the art to modify the closing element or baffle of Rich to be an airfoil as it controls movement of air into and/or out of a vehicle space.
Claim(s) 18, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rich and Toledo, as evidenced by Cleveland, Cutler J. Morris, Christopher (2006, Dictionary of Energy. Elsevier. Retrieved from <br>https://app.knovel.com/hotlink/toc/id:kpDE00000Y/dictionary-of-energy/dictionary-of-energy).
Rich teaches that the baffle 96 is mechanically, chemically or thermally actuated (Paragraph 0053). Toledo also teaches an adjustable flap element 42 that is arranged on the air guide channel that can be continuously adjusted between an open position or closed position (Paragraph 0020). Toledo also provides an invention that relates to a temperature control device for a traction battery that consists of guiding airflow through an opening that extends between the device base and underbody of the motor vehicle (Paragraph 0009). Toledo also teaches that the temperature control device 10 can comprise a temperature sensor. Respective signals of the temperature sensor can be detected by means of a control unit of the motor vehicle 100. The control unit can then control the actuating device 12 depending on the temperature in order to adjust the flap element 42 between the open position and the closed position (Paragraph 0021). As per the definition of actuator obtained from the Dictionary of energy, an actuator is a device that is moved a predetermined distance to operate or control another mechanical device e.g. a controlled motor that converts voltage into a mechanical output. This shows the presence of a motor for moving the closing element. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a motor for the closing element, and to connect a controller and temperature sensor in order to cool the traction battery (Paragraph 0025).
Response to Arguments
Applicant’s arguments, filed 2/11/2026, with respect to the rejection(s) of claim(s) 1 (with features of previous claim 13 incorporated therein) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Rich et al.
Conclusion
THIS ACTION IS MADE FINAL. 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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/SUHANI JITENDRA PATEL/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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