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 .
Response to Amendment
This Office action is in response to the replied filed on June 25, 2025 as supplemented via the reply filed on September 17, 2025.
Election/Restriction
Applicant’s election without traverse of the invention of Group I, readable on claims 1 through 19, in the reply filed on June 25, 2025 is acknowledged.
Claim 20 is hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected second group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 25, 2025.
Applicant’s election of the first species or the embodiment characterized by the first cooling loop and the second cooling loop being separated from each other in the reply filed on September 17, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
It is hereby noted that, in the response filed on September 17, 2025, applicant has indicated that claims 1 through 8 are readable on the elected species. However, this does not appear to be a proper identification of all of the claims which are readable on the elected species as required. In particular, claims 1 through 8 do not recite that the two cooling loops are separate from each other as described in paragraph [0007] of the specification, but instead merely that the loops are configured so as to be electrically isolated from each other (i.e., with “separate” and “electrically isolated” as used in the instant application applying to two different configurations, with the former relating to spatial separation as explained in at least paragraph [0007]); instead, claim 10 and claims 10 through 19 depending therefrom recite that the two cooling loops are separate from each other.
Nevertheless, upon careful reconsideration in view of the entire file wrapper history of the instant application and upon beginning the examination of the instant application, the examiner has deemed it proper to partially withdraw the Requirement for Restriction/Election mailed on May 1, 2025 by specifically withdrawing the election of species requirement as set forth in section 5 of the aforementioned Requirement for Restriction/Election.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cables and/or charging harness as recited in claim 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are also objected to because Figures 2 and Figures 3A through 3C include impermissible black shading.
. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it does not avoid legal phraseology normally reserved for use in claims (i.e., “comprising”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the term “Gap Pad”, which is a trade name or a mark used in commerce (i.e., Registered and renewed to Henkel AG & Co. KGAA on October 2, 2019, Serial Number #75316328) has been noted in this application and should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Other possible trade names or marks appear in at least paragraph [0011] of the instant specification (i.e., “Parker Therm-A-Gap” and “Bergquist Gap Pad”).
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 through 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and contain some idiomatic informalities which render the claims less than clear. For example, base claim 1 has a clear-cut preamble (i.e., “A heat exchanger for a vehicle heat management system”, this preamble in base claim 1 is followed by a series of “wherein” clauses which presumably constitute the body of the claim but without any standard transitional phrase (i.e., “comprising”, “consisting of”, etc.). It is recommended that the claims be placed in proper form in order to improve their readability and clarity. Also, for example, it is not particularly clear which configurations are intended to be encompassed by the limitations “in a coupled condition” [claim 1, line 5] and “are arranged alternately in series forming respective gaps in between” [claim 4, line 4], thus rendering the metes and bounds of protection sought by the claims.
With regard to claim 18 as written, it is not clear which elements out of “a traction battery, cables and/or a charging harness” are intended to be necessarily encompassed by the claim and which ones are alternatives to the others, thus rendering the claim further indefinite.
Any claim not specifically mentioned is at least rejected as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best can be understood in view of the indefiniteness of the claims, claims 1 through 16 and 19 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Denso Corp./Toyota Motor Corporation (JP 2003 282112 A; made of record by IDS). [Also see the attached NPL of the translation of Denso Corp/Toyota Motor Corporation (JP 2003 282112 A) by Clarivate Analytics.]
With regard to claim 1 of the instant application, Denso Corp./Toyota Motor Corporation discloses a heat exchanger 30 for a vehicle heat management system (i.e., see Figure 6), wherein the heat exchanger 30 is configured to enable thermal coupling of a first cooling loop and a second cooling loop of the vehicle heat management system (i.e., see Figures 1 and 6), wherein the first cooling loop, the second cooling loop and the heat exchanger 30 are configured such that, in a coupled condition, heat can be dissipated from one or more vehicle elements of a vehicle (i.e., at least fuel cell 10) to the first cooling loop and can be further dissipated from the first cooling loop to the second cooling loop via the heat exchanger 30, and wherein the heat exchanger 30 is configured to electrically isolate the first cooling loop from the second cooling loop (i.e., see corresponding abstract as translated via the abovementioned NPL; note that having excellent current leakage resistance as cited therein is the same as being electrically isolated as recited in claim 1 of the instant application; also see at least paragraph [0011] of the translation in the abovementioned NPL).
With regard to claim 2 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger 30 heat exchanger according to claim 1, wherein the heat exchanger 30 comprises at least one first hollow flow plate making up metallic tube unit 32 for radiator cooling water (i.e., see Figures and at least paragraph [0011] of the attached translation) connected to the first cooling loop and at least one second hollow flow plate making up metallic tube unit 31 for cell cooling water (i.e., see Figures and at least paragraph [0011] of the attached translation) connected to the second cooling loop, wherein the first and second hollow flow plates or tube units 31 and 32 comprise more or more flow channels for allowing cooling agent to flow through (i.e., as shown in the Figures), and wherein the first and second hollow flow plates are arranged opposite each other and define a gap in between so that the first and second hollow flow plates are not in electrical contact with each other (i.e., see various Figures and translated abstract, as well as at least paragraph [0011]).
With regard to claim 3 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger 30 according to claim 2, wherein at least one thermal pad is provided in the gap, wherein the thermal pad 37 comprises a dielectric material (i.e., made from implicitly dielectric rubber or resin as cited in the specification as per the attached translation) which is configured to thermally couple the first hollow flow plate 32 to the second hollow flow plate 31 and electrically isolate the first hollow flow plate 32 from the second hollow flow plate 31.
With regard to claim 4 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger 30 according to claim 2, wherein the heat exchanger 30 comprises a plurality of first hollow flow plates 32 and a plurality of second hollow flow plates 31 and wherein the first hollow flow plates 32 and second hollow flow plates 31 are arranged alternately in series forming respective gaps in between, wherein in each gap at least one thermal pad 37 is arranged (i.e., see the figures).
With regard to claim 5 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger 30 according to claim 4, wherein the thermal pad comprises a solid body (i.e., see the figures; also see attached translation which states that the thermal pad is made of rubber or resin).
With regard to claim 6 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger according to claim 2, wherein the first and second hollow flow plates 32 and 31 each comprise at least one inlet to allow an inflow of cooling agent into the hollow flow plates 32 and 31 and at least one outlet to allow an outflow of cooling agent from the hollow flow plates 32 and 31 (i.e., see Figures).
With regard to claim 7 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat exchanger 30 according to claim 6, wherein the first and second hollow flow plates 32 and 31 have an essentially rectangular shape (i.e., see figures) and wherein the inlets and outlets are arranged in diagonally opposite corners of the first and second hollow flow plates 32 and 31 to allow an essentially diagonal flow of fluid (i.e., the inlets/outlets of plates 32 are at opposite end from the inlets/outlets of plates 31 as shown in the figures) through hollow portions of the first and second hollow flow plates 32 and 31.
With regard to claim 8 of the instant application, Denso Corp./Toyota Motor Corporation discloses a vehicle comprising the heat exchanger 30 according to claim 1 (i.e., see Paragraph [0001] of the translation).
With regard to claim 9 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle according to claim 8, wherein the vehicle is an electric vehicle (i.e., see Paragraph [0001] of the translation).
With regard to claim 10 of the instant application, Denso Corp./Toyota Motor Corporation discloses a vehicle heat management system, comprising: the heat exchanger 30 according to claim 1; the first cooling loop; and the second cooling loop which is separate from the first cooling loop (i.e., as shown in Figure 1 and Figure 6).
With regard to claim 11 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 10, wherein the second cooling loop is connected to a heat sink (i.e., radiator 20) configured to dissipate heat from the second cooling loop to an environment (i.e., as shown in Figure 1 and Figure 6).
With regard to claim 12 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 10, wherein the heat sink is a radiator 20 configured to dissipate heat from the second cooling loop to an environment (i.e., as shown in Figure 1 and Figure 6).
With regard to claim 13 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 10, wherein the first cooling loop comprises a first cooling agent (i.e., regular water) and the second cooling loop comprises a second cooling agent (i.e., non-ionized or distilled/pure water; see attached translation), wherein the two cooling agents are different. Alternately, the two cooling loops are separate, so at least as broadly interpreted as required, the cooling agent as disclosed by the reference in one loop is inherently different from the cooling agent in the other loop.
With regard to claim 14 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 13, wherein the first cooling agent is a non-dielectric cooling agent (i.e., standard water), and the second cooling agent is a dielectric cooling agent (i.e., pure or non-ionized or distilled water which is inherently a dielectric coolant; see attached translation).
With regard to claim 15 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 13, wherein the first and/or second cooling agents are fluids (i.e., both are water as disclosed by the reference; see attached translation).
With regard to claim 16 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 13, wherein the first and/or second cooling agents are dielectric liquids. At least the second cooling agent is disclosed by the reference as being non-ionized or distilled/pure water, which is inherently a dielectric cooling agent (i.e., see attached translation).
With regard to claim 19 of the instant application, Denso Corp./Toyota Motor Corporation discloses the electric vehicle (i.e., see Paragraph [0001] of the translation), comprising the vehicle heat management system according to claim 10 .
The reference thus reads on the claims.
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.
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.
As best can be understood in view of the indefiniteness of the claims, claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Denso Corp./Toyota Motor Corporation (JP 2003 282112 A; made of record by IDS) in view of Harris et al. (U.S. Patent No. 10,826,140 B2). [Also see the attached NPL of the translation of Denso Corp/Toyota Motor Corporation (JP 2003 282112 A) by Clarivate Analytics.]
Claim 17 depends from claim 13, which in turn depends from claim 10, which in turn depends from claim 1. As noted in greater detail above, Denso Corp./Toyota Motor Corporation discloses all of the features of claims 1, 10, and 13, including: a heat exchanger 30 for a vehicle heat management system (i.e., see Figure 6), wherein the heat exchanger 30 is configured to enable thermal coupling of a first cooling loop and a second cooling loop of the vehicle heat management system (i.e., see Figures 1 and 6), wherein the first cooling loop, the second cooling loop and the heat exchanger 30 are configured such that, in a coupled condition, heat can be dissipated from one or more vehicle elements of a vehicle (i.e., at least fuel cell 10) to the first cooling loop and can be further dissipated from the first cooling loop to the second cooling loop via the heat exchanger 30, and wherein the heat exchanger 30 is configured to electrically isolate the first cooling loop from the second cooling loop (i.e., see corresponding abstract as translated via the abovementioned NPL; note that having excellent current leakage resistance as cited therein is the same as being electrically isolated as recited in claim 1 of the instant application; also see at least paragraph [0011] of the translation in the abovementioned NPL); the second cooling loop being separate from the first cooling loop (i.e., as shown in Figure 1 and Figure 6); and, wherein the first cooling loop comprises a first cooling agent (i.e., regular water) and the second cooling loop comprises a second cooling agent (i.e., non-ionized or distilled/pure water; see attached translation), wherein the two cooling agents are different from each other.
With regard to claim 17 of the instant application, Denso Corp./Toyota Motor Corporation discloses the vehicle heat management system according to claim 13, the first and/or second cooling agents comprise a mixture of water and glycol. However, Denso Corp./Toyota Motor Corporation, while disclosing that the two cooling agents are different from each other and that the second cooling agent is a dielectric cooling agent, does not specifically disclose that either cooling agent is a mixture of water and glycol. Nevertheless, it is well known in the art of cooling vehicular systems and/or battery cooling systems and taught by Harris et al. to use a glycol and water mixture as a dielectric coolant in a battery cooling system (i.e., see column 5, lines 20-25). Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the instant application to use a water and glycol mixture as the dielectric coolant in the cooling loop that includes the battery 10 in order to cool the battery 10 while maximizing the electrical isolation of the heat management system as a whole and thus prevent electrical shorts and battery degradation while keeping the battery 10 within desired temperature limits.
As best can be understood in view of the indefiniteness of the claims, claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Denso Corp./Toyota Motor Corporation (JP 2003 282112 A; made of record by IDS) in view of Gupta (Publication No. U.S. 2022/0314837 A1). [Also see the attached NPL of the translation of Denso Corp/Toyota Motor Corporation (JP 2003 282112 A) by Clarivate Analytics.]
Claim 18 depends from claim 10, which depends in turn from claim 1. As noted in greater detail above, Denso Corp./Toyota Motor Corporation discloses all of the features of claims 1 and 10, including: a heat exchanger 30 for a vehicle heat management system (i.e., see Figure 6), wherein the heat exchanger 30 is configured to enable thermal coupling of a first cooling loop and a second cooling loop of the vehicle heat management system (i.e., see Figures 1 and 6), wherein the first cooling loop, the second cooling loop and the heat exchanger 30 are configured such that, in a coupled condition, heat can be dissipated from one or more vehicle elements of a vehicle (i.e., at least fuel cell 10) to the first cooling loop and can be further dissipated from the first cooling loop to the second cooling loop via the heat exchanger 30, and wherein the heat exchanger 30 is configured to electrically isolate the first cooling loop from the second cooling loop (i.e., see corresponding abstract as translated via the abovementioned NPL; note that having excellent current leakage resistance as cited therein is the same as being electrically isolated as recited in claim 1 of the instant application; also see at least paragraph [0011] of the translation in the abovementioned NPL); and, the second cooling loop being separate from the first cooling loop (i.e., as shown in Figure 1 and Figure 6).
With regard to claim 18 of the instant application, Denso Corp./Toyota Motor Corporation discloses the heat management system according to claim 10, wherein the vehicle elements comprise at least a traction battery 10 wherein the vehicle heat management system is configured to cool the traction battery 10. Denso Corp./Toyota Motor Corporation however does not specifically disclose a cable and/or a charging harness associated with and cooled by the thermal management system as recited by claim 18. However, it is known in the art of batteries and taught by Gupta to have cables and harnesses associated with and connected to the ports of a battery (i.e., see at least paragraph [0113]) in order to connect the battery to its operating system. Thus, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the instant application to have a battery connected to associated cables and harnesses in order to operably connect the battery to its operating system and also to cool the battery and all of its associated components (such as the harnesses and cable) in order to optimize the operation of the battery.
Conclusion
The additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763