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 § 102
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by (WO 2017/011475).
The current application is related to EP 22745647 and the current claims are substantially similar in scope to the corresponding PCT claims. By adopting and incorporating herein by reference the explanations of the closest prior art as set forth in the Search Report, 1 the examiner meets the burdens of 35 U.S.C. 132(a)2 [e.g., insomuch as the reasons for rejection and references are stated and the Search Report provides such information as may be useful in judging the propriety of continuing the prosecution of this application] and 37 CFR 1.104(c)(2)3 [e.g., insomuch as the explanations of the Search Report are sufficient to make the pertinence of each reference apparent]. See the copy of the EPO Search Report filed in this current application on 08/21/2024.
With explicit regards to the amended limitations, the prior art discloses the following:
a coolant flow passage (62, 64) in which a coolant flows (e.g., water) and that is configured to exchange thermally (i.e., coolant is capable of thermal exchange and therefore meets the claimed functional limitation) connected to the battery (e.g., see figs. 17A-17C and/or fig. 13), and wherein the gas flow passage (90 and 140 which includes 150, 151) is configured to exchange thermally (i.e., gas is capable of thermal exchange and therefore meets the claimed functional limitation) connected directly (fig. 17B) to the coolant flow passage (62, 64).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant has argued that the prior art does not disclose “the configuration that allows the emergency exhaust output conduits 150 and 151 to exchange heat with the cooling loops” (Remarks, page 5). This is not persuasive. First, the claim requires the gas flow passage to be configured to exchange thermally. Gas is capable of thermal exchange. Second, the claim requires the gas flow passage to be connected directly to the coolant flow passage. Fig. 17B meets the claimed limitation.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the gas flow passage is configured to be capable of exchanging heat with the coolant flow passage”, Remarks, page 5) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner notes that, in the interest of compact prosecution, the remaining rejections have been withdrawn in accordance with MPEP 2120(I), e.g. to avoid merely cumulative rejections.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to T. S. FIX whose telephone number is (571)272-8535. The examiner can normally be reached M-Th 10a-3p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. SCOTT FIX/Primary Examiner, Art Unit 3618
1 See MPEP 1893.03(e)(II) which permits the examiner to adopt any portion or all of any report on patentability of the IPEA or ISA that would be relevant to U.S. practice, e.g., explanations of prior art, etc.
235 U.S.C.132(a): Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be re-examined. No amendment shall introduce new matter into the disclosure of the invention. [emphasis added]
3 37 CFR 1.104(c)(2): In rejecting claims for want of novelty or for obviousness, the examiner must cite the best references at his or her command. When a reference is complex or shows or describes inventions other than that claimed by the applicant, the particular part relied on must be designated as nearly as practicable. The pertinence of each reference, if not apparent, must be clearly explained and each rejected claim specified. [emphasis added]