DETAILED ACTION
This action is in response to applicant’s amendment received on 07/23/26. 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 Claims 5-9 and 11-12 remain withdrawn from consideration pursuant to 37 CFR 1.142(b).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 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Amalfi et al. (US 2024/0044583, herein “Amalfi”).
Regarding claim 1, Amalfi discloses:
a thermal regulation device (103) (figs. 2A-2B and 3A-3D) for a member (111, storage device, par. 0032; 203, par. 0042) to be heated or cooled [par. 0032 and 0042], comprising:
a fluid circulation conduit (201) [par. 0043] comprising at least one flexible part (303 plus 309 plus 311) (figs. 3A-3D) able to deform according to the pressure of the fluid within the conduit (201) [par. 0047 and 0066],
at least one fluid inlet (“inlet header”) [par. 0056] and at least one fluid outlet (“outlet header”) [par. 0056] (figs. 2A-2B), and
at least one contact zone (303) (figs. 3A-3D) coming into contact with said member (storage device, of par. 0032; 203 of par. 0042) when the pressure of the fluid in the conduit (201) is higher than a given pressure (ambient temperature fluid pressure) (fig. 2B) [par. 0050] and which is moved away (gap 207, fig. 2A) from said member (storage device, of par. 0032; 203 of par. 0042) when the pressure of the fluid in the conduit (201) is below the given pressure (ambient temperature fluid pressure) (fig. 2A) [par. 0050], and
regulation means (pump of par. 0028 and 0041) able to supply pressurized fluid to the at least one fluid inlet (“inlet header”) [par. 0056] and to vary the pressure of the fluid in the conduit (201) [par. 0041].
Regarding claim 2, Amalfi discloses:
the flexible part (303 plus 309 plus 311) produced from any suitable material that enables the expansion of the plurality of conduits (201) [par. 0048] including metal [par. 0059].
Regarding claim 3, Amalfi discloses:
the flexible part (303 plus 309 plus 311) including at least one wall (309) including at least one zone inclined (311) with respect to the direction of the movement of the contact zone (303) (seen in fig. 3D) [par. 0066].
Regarding claim 4, Amalfi discloses:
the contact zone (303) including a material with high thermal conductivity [par. 0059].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Amalfi.
Regarding claim 10, Amalfi does not disclose:
an automobile characterized in that it includes at least one device according to claim 1. However. Amalfi alludes to the possibility of the heat source being a storage device or any device that generates heat during operation [par. 0032]. It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to apply or include the thermal regulation device of claim 1 of Amalfi into an automobile for the purpose of optimizing thermal management of an electric storage device of the automobile, for instance.
Response to Arguments
Applicant's arguments filed 07/23/2026 have been fully considered but they are not persuasive.
In pages 4-5, Applicant argues that Amalfi mainly (emphasis added) discloses a system where the fluid is driven by gravity and phase changes in the fluid, that Amalfi merely states that its evaporator is compatible with active systems in which pumps or mechanical drivers circulate working fluid, that this general compatibility statement does not disclose a pressure-regulation structure configured to perform both claimed functions, and that while Amalfi suggests a combination with a driving pump in the case of a single-phase flow, there is no disclosure of a control of the internal pressure by said pump, in particular in the context of moving the interface in contact or away from the elements to be cooled.
In response, independent claim 1 does not call for a pump making a flexible part of a fluid circulation conduit to deform to make at least one contact zone of the fluid circulation conduit coming into contact with a member to be cooled, and to make the at least one contact zone to move away from the member to be cooled as a consequence of the pressure provided by the pump to a fluid circulating through the fluid circulation conduit. Claim 1 just calls for a flexible part of a fluid circulation conduit to deform to make at least one contact zone of the fluid circulation conduit coming into contact with a member to be cooled, and to make the at least one contact zone to move away from the member to be cooled when the pressure of the fluid is higher or lower than a given pressure, without the presence of any pump, which Amalfi discloses in paragraphs 0049-0051. In a different limitation of the claim, claim 1 calls for regulation means able to supply pressurized fluid to the at least one fluid inlet and to vary the pressure of the fluid in the conduit, which Amalfi meets by disclosing that the thermal regulation device (103) may be used in active cooling systems where a pump circulates the working fluid [par. 0028 and 0041]. It is noted, it is old and known in the art that when a pump circulates a working fluid increases the pressure of the fluid. Further, 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). In this respect, the device of Amalfi structurally meets the invention as claimed.
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.
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
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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