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 .
Claim Rejections - 35 USC § 112
The rejection of claims 4-5 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of Applicant’s amendments.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 fails to further limit claim 3 because claim 3 already requires that baffle is formed to have a “widthwise length relatively greater than a widthwise length of the opening.” Claim 5 fails to further claim 1 because claim 1 necessarily requires that the inflection point is shifted from a center portion of the opening to one side thereof because it requires the presence of an inflection point that is “not coinciding with the center of the opening.” Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-3, 6-8 and 12-14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by CN 107615566 (see English translation included with this action for page citations).
CN’566 discloses a housing for a battery module including a temperature adjusting system wherein the housing includes an inlet portion (301) and a baffle portion (311) having a curved surface with an inflection point to direct airflow from the opening in the housing to a flow channel around a plurality of battery cells (see Figures 1A, 1B, 1C; Figure explanation on pp 16-17; pp. 5-7).
An annotated version of Figure 1C is shown below and the portion labeled “inlet” corresponds to the claimed “opening” in the upper housing. As such, the baffle portion 311 is shifted downward in the structure so that it is “ not coinciding with the center of the opening.”
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With regard to claims 2-3 and 6-8, see annotated Fig 1C (above).
Claims 12-14 are met for the foregoing reasons.
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.
Claim(s) 9-11 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 107615566 (see English translation included with this action for page citations), in view of Lee et al. (US 2006/0093901).
CN 107615566 discloses all of the limitations of the claims, as detailed above under section 102, but fails to disclose an upper housing having a downward inclined portion facing the battery cell laminate.
Lee et al. teaches that it was known in the art to use an inclined housing in order to better direct airflow to a flow path around a battery cell stack (see Fig 10, upper housing 534 and battery cells 110; para [0058]-[0060]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form an incline in the outer housing surface (300) in the battery housing structure taught by CN’566 in order to better channel air from the inlet to the through hole (122) in the baffle structure 311.
Response to Arguments
Applicant's arguments filed 8/11/26 have been fully considered but they are not persuasive. Applicant argues that CN 107615566 does not meet the claims as amended requiring that an inflection point of the baffle is “not coinciding with the center of the opening.” However, Applicant references suction hole 122 as reading on the claimed opening in the upper housing.
It is the Examiner’s position that the inlet portion (301), shown in the annotated Figure 1C above, corresponds to the claimed “opening.” Thus, the baffle structure is shifted such that it does not coincide with the center of inlet 301.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY RICKMAN whose telephone number is (571)272-1514. The examiner can normally be reached Mon, Tues, and Thurs 9am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Holly Rickman/Primary Examiner, Art Unit 1785
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