DETAILED ACTION
This action is in response to applicant’s amendment received on 10/01/2025. Amended claim 1 is acknowledged. Claims 1-12 are pending. Claims 5-9 and 11-12 remain withdrawn from consideration pursuant to 37 CFR 1.142(b).
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: a regulation means in claim 1.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
Claims 1-4 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (FR 3019688, machine translation attached).
Regarding claim 1, Yu discloses:
a thermal regulation device (figs. 1-4) for a member (case 26 of battery cells 20) to be heated or cooled [page 1, lines 20-21], comprising:
a fluid circulation conduit (32 plus 34) [page 1, lines 40-43] comprising at least one flexible part (34) [page 1, line 33-36 and page 3, lines 7-9] able to deform according to the pressure of the fluid within the conduit (32 plus 34) [page 1, lines 33-35 and page 3, lines 25-28],
at least one fluid inlet (38) and at least one fluid outlet (40) (fig. 2), and
at least one contact zone coming into contact with said member (26) when the pressure of the fluid in the conduit (32 plus 34) is higher than a given pressure and which is moved away from said member (26) when the pressure of the fluid in the conduit (32 plus 34) is below the given pressure [page 1, lines 32-36 and page 3, lines 25-30], and
regulation means (pump) [page 4, lines 26-27], able to supply pressurized fluid to the at least one fluid inlet (38) and to vary the pressure of the fluid in the conduit (32 plus 34) [page 4, lines 28-31].
Regarding claim 2, Yu discloses:
the flexible part (34) produced from elastomeric material [page 3, lines 31-33].
Regarding claim 3, Yu discloses:
the flexible part (34) including at least one wall including at least one zone inclined with respect to the direction of the movement of the contact zone (since, when deformed, the flexible part 34 will necessarily have at least a zone/section inclined with respect to the direction of the movement of the contact zone, in order to actually deform, see page 3, lines 25-28].
Regarding claim 4, Yu discloses:
the contact zone including a material with high thermal conductivity [page 3, lines 31-33].
Regarding claim 10, Yu discloses:
an automobile [page 1, lines 1-2] characterized in that it includes at least one device according to claim 1 (see rejection of claim 1, above).
Response to Arguments
Applicant's arguments filed 10/01/2025 have been fully considered but they do not apply to the new grounds of rejection.
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 GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763