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 Status
Applicant’s arguments and claim amendments submitted on May 28th, 2026 have been entered into the file.
Currently claims 1, 3, 6, 9, 11, and 13 are amended, claims 18-20 are nonelected, and claims 2, 5, 8, 12, and 14-17 are cancelled, resulting in claims 1, 3-4, 6-7, 9-11, and 13 pending for examination.
Response to Amendment
The arguments and amendments filed May 28th, 2026 have been received and entered into the file.
Applicant’s amendments to the specification with respect to the number designation of the bottom frame has overcome the objection to the drawings made in the Non-Final Rejection mailed March 4th, 2026.
Applicant’s cancellation of claim 2 has overcome the 35 U.S.C. 112(b) rejection of claims 2, 3-4, 12-13, and 16 previously set forth in the Non-Final Rejection mailed March 4th, 2026.
Applicant’s cancellation of claim 5 has overcome the 35 U.S.C. 112(b) rejection of claims 5-10, 14, and 17 previously set forth in the Non-Final Rejection mailed March 4th, 2026.
Applicant’s amendments to claims 11 and 13 has overcome the 35 U.S.C. 112(b) rejection of claims 11-14, 16-17 previously set forth in the Non-Final Rejection mailed March 4th, 2026.
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.
Claims 1, 3-4, 6-7, 9-11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wen (Chinese Patent Publication No. 115172977 A) in view of Utsumi (U.S. Patent Publication No. 20220384887 A1).
Regarding claim 1, Wen teaches an energy storage container (Paragraph 7), comprising: a container body provided with at least one battery rack (Figures 5A, 5B; Element 101) (Paragraph 35); an air duct (main air channel/duct) (Figure 1, Element 11) arranged on a top portion of the at least one battery rack (length direction of the container body) (Paragraphs 9, 18); and an air guide (distribution air duct) (Figures 1-2, Element 3) communicating with the air duct and the at least one battery rack (Paragraph 40), wherein the air guide comprises:
a first connecting portion (first sub-air duct) (Figure 3, Element 31)
an air guide portion (overlapping portion of first and second sub-air ducts)
and a second connecting portion (second sub-air duct) (Figure 3, Element 32)
the first connecting portion is connected to the air duct, the second connecting portion is connected to the at least one battery rack, and the flexible air guide portion is connected to both the first connecting portion and the second connecting portion, as shown in the annotated Figures below.
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Annotated Figures 3 and 4 of Wen
Wen teaches the air guide is made of sheet metal, which is bent to form the parts of the air guide (Paragraph 40). As sheet metal is known in the art as being a bendable material, which is further supported by the description of the sheet metal provided by Wen, the air guide portion of the air guide is considered a flexible air guide portion, as it is comprised of sheet metal which is a material that can be flexed. As the instant disclosure does not require a certain level of flexibility, the sheet metal portion of Wen has some degree of flexibility, and therefore is considered to meet the instant claimed limitations,
Wen teaches the first connecting portion comprises:
a first flange (connecting boss of the first sub-air duct) (Figures 3-4, Element 33) connected to the air duct; and
Wen teaches the air guide, comprising the first connecting portion, is a rectangular tubular structure, which is considered meet the instant claimed limitation of a first pipe section, as illustrated in the annotated Figure below.
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Annotated Figure 3 and 4 of Wen
As shown in the annotated Figure below, Wen teaches the first pipe section having a first end and a second end, wherein the first end of the first pipe section is connected to the first flange, and the second end of the first pipe section is connected to the flexible air guide portion.
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Annotated Figure 3 of Wen
Wen teaches the second connecting portion comprises:
a second flange (connecting boss of the second sub-air duct) (Figures 3-4, Element 33) connected to the at least one battery rack (Paragraph 15); and
Wen teaches the air guide, comprising the second connecting portion, is a rectangular tubular structure, which is considered meet the instant claimed limitation of a second pipe section, as illustrated in the annotated Figure below.
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Annotated Figure 3 and 4 of Wen
As shown in the annotated Figure below, Wen a second pipe section having a first end and a second end, wherein the first end of the second pipe section is connected to the second flange, and the second end of the second pipe section is connected to the flexible air guide portion.
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Annotated Figure 3 of Wen
Wen teaches the air guide (split/distribution air duct) (Figures 1-4, Element 3) comprised of sheet metal bent parts (Paragraph 40) where the flanges (connecting bosses) are formed by bending the ends of the sub air-ducts to provide a fixed connection (Paragraph 42).
As seen in the annotated Figure below, Wen teaches the second flange comprises a first flange plate arranged on an end portion of the second pipe section and on a top surface of the at least one battery rack.
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Annotated Figures 3 and 4 of Wen
Wen is silent as to a second flange plate perpendicular to the first flange plate, wherein at least a portion of the second flange plate extends to a side portion of the at least one battery rack.
However, Utsumi discloses a battery case configured to accommodate a plurality of battery cells, including a metal plate portion made of a plurality of metal plates that is part of the battery case (Paragraph 0006). Utsumi teaches a first and second overlapping portion of the metal plates provided by bending part of the plates (Paragraph 0007). Utsumi teaches the overlapping portion between the metal plates of the battery case formed by bending part of the metal plate in order to secure contact between the metal plates (Paragraph 0052). Further, Utsumi teaches the side walls of the battery case are bent by 90 degrees, forming flange portions having an L-shaped or U-shaped cross section, in order to increase rigidity of these walls (Paragraphs 0024).
The prior art of Utsumi solves a similar problem as Wen, namely connecting adjacent metal surfaces of a battery case, and is thus considered an analogous art. Further, Utsumi provides suitable ways to bend sheets of metal to form flange surfaces, in order to increase rigidity of the metal sheets and ensure the connection between surfaces.
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second flange of Wen to incorporate the teachings of Utsumi in which a second flange plate is located perpendicular to the first flange plate, wherein at least a portion of the second flange plate extends to a side portion of the battery rack, as exemplified in the drawings above. Perpendicular flange plates (L-shaped) are a known flange configuration in the art, as is the bending of adjacent metal sheets to connect them, and the advantage is further taught by Utsumi to improve rigidity and connection, respectively.
Regarding claim 3, Wen teaches the energy storage container according to claim 1, wherein a first air hole (air outlet) (Figure 1, Element 15) is provided on a surface of the air duct facing the at least one battery rack (Figure 1; Paragraph 13), and the first pipe section communicates with the first air hole (Paragraph 20), as shown in the annotated Figure below.
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Annotated Figure 2 of Wen
Regarding claim 4, Wen teaches the energy storage container according to claim 3, wherein the first flange (connecting boss) surrounds the first air hole (air outlet) to achieve sealed connection between the first connecting portion and the air duct (Paragraph 42).
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Annotated Figure 4 of Wen
Regarding claim 6, Wen teaches the energy storage container according to claim 1.
Wen teaches the bottom end of the split air duct (the second connecting portion) hermetically connected to the battery rack to direct airflow to the batteries on the rack in order to cool them (Paragraph 40). As seen in the annotated Figure below, the connecting portions of the battery rack (Figure 4, Element 101), forms an opening to which the second connecting portion (Figure 4, Element 32) is attached in order to direct airflow to the battery rack, as taught by Wen.
Thus, Wen teaches a second air hole provided on the surface of the at least one battery rack facing the air duct, and the second air hole communicates with the second pipe section, meeting the instant claimed limitations.
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Annotated Figure 4 of Wen
Regarding claim 7, Wen teaches the energy storage container according to claim 6, wherein the second flange (bottom end of split air duct 3) surrounds the second air hole to achieve sealing (hermetically connected) between the second connecting portion and the at least one battery rack (Paragraph 40).
Regarding claim 9, Wen teaches the energy storage container according to claim 1.
As shown in the annotated Figure below, Wen teaches the air guide (split/distribution air duct) (Figures 1-4, Element 3) is inserted into the at least one battery rack in a predetermined direction. As can be seen in the Figure below, the connecting boss of the second sub-air duct is located below the longitudinal beams (Figure 4, Element 104) of the battery rack, and is therefore considered inserted into the at least one battery rack in a predetermined direction, meeting the instant claimed limitation.
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Annotated Figure 4 of Wen
Wen is silent as to a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction.
However, the ordinary artisan would recognize only three possible options for the length of the second flange relative to the length of the battery rack in the predetermined direction:
a length of the second flange being less than a length of the at least one battery rack in the predetermined direction
a length of the second flange being equal to a length of the at least one battery rack in the predetermined direction
a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction from the finite lists of possible combinations for flange length to arrive at the second flange of the instant claim since the combination of components would have yielded predictable results as a component to connect adjacent surfaces of a pipe system, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Regarding claim 10, Wen teaches the energy storage container according to claim 9, wherein an end portion of the second flange is provided with a positioning hole (opening occurring at the interface of the second pipe section and the second flange), as shown in the annotated Figure below.
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Annotated Figure 3 of Wen
Regarding claim 11, Wen teaches the energy storage container according to claim 1, further comprising: a stopper (magnetic strip) (Figure 3, Element 34) (Paragraph 42) connected to the at least one battery rack.
Wen teaches that the magnetic strips on the split air ducts to fixedly connect the bottom portion (second connecting portion) of the split air duct to the battery rack (Paragraph 42), meeting the claimed limitation of the stopper located on an end portion of the second connecting portion, as shown in the Annotated Figure below.
As shown in the annotated Figure below, Wen teaches the second connecting portion, comprising the second sub-air duct and the connecting boss, Elements 32 and 33 respectively. As is seen in the Figure, the stopper Element 34 is located on top of the connecting boss, and is taught by Wen to securely connect the connecting boss to the air duct. Therefore, Wen teaches at least a portion of the stopper presses against the second connecting portion.
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Annotated Figure 3 of Wen
Regarding claim 13, Wen teaches the energy storage container according to claim 3, further comprising: a stopper (magnetic strip) (Figure 3, Element 34) (Paragraph 42) connected to the at least one battery rack.
Wen teaches that the magnetic strips on the split air ducts to fixedly connect the bottom portion (second connecting portion) of the split air duct to the battery rack (Paragraph 42), meeting the claimed limitation of the stopper located on an end portion of the second connecting portion, as shown in the Annotated Figure below.
As shown in the annotated Figure below, Wen teaches the second connecting portion, comprising the second sub-air duct and the connecting boss, Elements 32 and 33 respectively. As is seen in the Figure, the stopper Element 34 is located on top of the connecting boss, and is taught by Wen to securely connect the connecting boss to the air duct. Therefore, Wen teaches at least a portion of the stopper presses against the second connecting portion.
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Annotated Figure 3 of Wen
Claims 1, 3-4, 6-7, 9-11, and 13 are alternatively rejected under 35 U.S.C. 103 as being unpatentable Yoo (U.S. Patent Publication No. 20220344746 A1) as evidenced by Smith (Non-Patent Literature, “The Fundamentals of Piping Design”).
Regarding claim 1, Yoo teaches an energy storage container (Figure 1, Element 400) (Paragraph 0010), comprising:
a container body (Figure 1, Element 410) provided with at least one battery rack (Figure 1, Element 300) (Paragraphs 0013-0014);
an air duct (Figure 2, Element 425) arranged on a top portion of the at least one battery rack (Figure 2; Paragraphs 0018, 0072);
and an air guide (blowout unit) (Figure 1, Element 422) communicating with the air duct and the at least one battery rack (coolant moved from the duct to the blowout unit, blowout unit discharging coolant toward a battery pack) (Paragraphs 0017-0018),
wherein the air guide comprises a first connecting portion, an air guide portion, and a second connecting portion, as illustrated in the annotated Figure below.
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Annotated Figure 6 of Yoo
Yoo teaches the air guide portion, including tubes 422e1 and 422e2 of the elongated tube 422e connected to each other and having different tube diameters so that they may be inserted into each other in order to be moveable. For example, Yoo teaches that when the second tube 422 e2 is drawn out from the first tube 422e1, the tube length may be extended (Paragraphs 0100-0101). Therefore, Yoo teaches the air guide portion illustrated above having a length which may be adjusted, which is considered to meet the instant claim that the air guide portion is flexible air guide portion.
Yoo teaches the blowout unit including a fixing member (Figure 6, Element 422A) fixed to the air duct in order to communicate with the air supply duct (Paragraph 0033). As the first connecting unit, illustrated above, includes the fixing member, the first connecting portion is connected to the air duct, meeting the instant claimed limitations.
Yoo teaches the blowout unit discharging coolant to the battery packs (Paragraph 0074). As seen in the illustrated in the figure above, the end tube portion of the blowout unit 422 e3 is the second connection portion through which coolant exits. Thus, Yoo teaches that the second connecting portion is connected to the at least one battery rack, meeting the instant claimed limitations.
As shown in the annotated Figure above, Yoo teaches the flexible air guide portion is connected to both the first connecting portion and the second connecting portion, meeting the instant claimed limitations.
Yoo teaches the first connecting portion comprises: a first flange (Figure 5, Element 422a) connected to the air duct; and a first pipe section (Figure 5, Element 422b) have a first end and a second end, wherein the first end of the first pipe section is connected to the first flange, and the second end of the first pipe section is connected to the flexible air guide portion, as shown in the annotated Figure below.
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Annotated Figure 6 of Yoo
Yoo teaches the second connecting portion comprises a second pipe section having a first end and a second end, wherein the second end of the second pipe section is connected to the flexible air guide portion, as shown in the annotated figure below.
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Annotated Figure 6 of Yoo
Yoo is silent as to the second connecting portion comprising a second flange connected to the at least one battery rack, wherein the first end of the second pipe section is connected to the second flange.
However, as discussed above, Yoo teaches the first flange (fixing member) of the first connecting portion is desirable to efficiently control the discharge direction and discharge amount of coolant from the duct (Paragraph 0033). Further, flanges are known in the art to be a suitable way to connect two adjacent faces in a piping system, as evidenced by Smith (Chapter 2: Piping Components, Page 74). Therefore, it would be obvious to the ordinary artisan before the effective filing date of the claimed invention to provide the blowout unit described by Yoo (Element 422) on both ends of the elongated tube (Element 422e) in order to provide additional control to the coolant flow to the battery rack. Further, the flanges of the blowout unit of Yoo are suitable elements to provide connection between adjacent surfaces in the piping, which further supports this modification.
The modification is illustrated in the Figure below:
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Annotated Figure 6 of Yoo
As is illustrated in the annotated Figure above, Yoo teaches one end of the second pipe section is connected to the second flange, and the other end of the second pipe section is connected to the flexible air guide portion, meeting the instant claimed limitation.
Further, the modification illustrated exemplifies how cooling air exits the end of the elongated tube (Element 422e3) through a second blowout unit (including a second flange) which directs the air to the battery rack. The instant claim is silent as to how the second flange is connected to the at least one battery rack, and is interpreted by the examiner as being in proximity with intervening elements allowed. Thus, Yoo teaches the second flange connected to the at least one battery rack, meeting the instant claimed limitations.
Yoo teaches the second flange comprises: a first flange plate and a second flange plate, wherein the first flange plate is arranged on an end portion of the second pipe section, as illustrated in the annotated Figure below.
As described above in the modification of claim 5, the second blowout unit positioned at the end of the second pipe section is arranged above the battery rack. Further discussed above is the lengthening of the elongation tube which abuts the end of the second blowout unit (second flange plate) with the second air hole provided in the at least one battery rack.
Therefore, as the first flange plate is positioned above the at least one battery rack to direct cooling air from the air duct, through the elongated tube, and to the battery rack, it is considered to be arranged on a top surface of the at least one battery rack, as illustrated in the annotated Figure below.
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Annotated Figures 6 and 7 of Yoo
As seen in the annotated Figure below, Yoo teaches a second flange plate perpendicular to the first flange plate.
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Annotated Figure 5 of Yoo
As seen in the annotated Figure below, Yoo teaches at least a portion of the second flange plate extends to a side portion of the at least one battery rack.
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Annotated Figures 6 and 7 of Yoo
Regarding claim 3, Yoo teaches the energy storage container according to claim 1, wherein a first air hole (opening in the air supply duct) is provided on a surface of the air duct facing the at least one battery rack (Figure 2, Paragraph 0080), and the first pipe section (fixing member 422) communicates with the first air hole (inlet in fixing member formed to communicate with the opening of the air supply duct).
Regarding claim 4, Yoo teaches the energy storage container according to claim 3, wherein the first flange (fixing member) (Figures 5-6; Element 422A) surrounds the first air hole (opening in air supply duct) (Paragraph 0088).
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Annotated Figures 5 and 6 of Yoo
As seen in the annotated Figure above, Yoo teaches the first flange surrounding the first air hole, and teaches in the disclosure that the fixing member (first flange) is configured to be coupled to an edge portion of an opening formed in the air supply duct (Paragraph 0088). Therefore, the first flange are taught to achieve a sealed connection between the first connecting portion and the air duct or it would have been obvious to the ordinary artisan to position the first flange to achieve a sealed connection between the first connecting portion and the air duct in order to efficiently control discharge direction and amount of coolant from the duct (Paragraph 0097), meeting the instant claimed limitation.
Regarding claim 6, Yoo teaches the energy storage container according to claim 1.
As discussed above, Yoo teaches blowout units for discharging cooling air from the air supply duct to the battery pack (Paragraph 0072). As is seen in Figure 7, the blowout unit (Element 422) is provided above the battery pack (Element 200). As is seen in Figure 6, an elongated tube (Element 422 e) may be attached to the blowout nozzle (Element 422c).
Further discussed in the modification of claim 5 above is the addition of a second blowout unit at the end of the third tube, Element 422 e3 of Yoo.
The ordinary artisan can imagine that when selecting and combining the embodiments of the Yoo depicted in Figures 6 and 7, as the length of the elongated tube is increased (taught by Yoo, see Paragraphs 0100-0101), the end of the second blowout unit (nozzle, Element 422c) will contact the top of battery rack. In order to deliver coolant efficiently to the battery rack, the ordinary artisan would recognize a second air hole must be provided on the surface of the at least one battery rack that faces the air duct in order for coolant to be discharged into the battery rack. Further, Yoo teaches the first air hole to communicate between the blowout unit and the air supply duct, therefore it would have been equally as obvious to provide a second air hole in the battery rack facing the other end of the blowout unit (second pipe section) to provide communication between the second pipe section and the battery rack.
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Annotated Figure 7 of Yoo
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface of the at least one battery rack facing the air duct of Yoo to include a second air hole communicating with the second pipe section in order to effectively cool the battery pack, (Paragraph 0032) meeting the instant claimed limitations.
Regarding claim 7, Yoo teaches the energy storage container according to claim 6.
Yoo does not explicitly teach the second flange surrounds the second air hole to achieve sealing between the second connecting portion and the at least one battery rack.
However, as discussed above, Yoo teaches the first flange (Element 422a) of the first connecting portion surrounding the first air hole (configured to be coupled to an edge portion of an opening formed in the air supply duct) (Paragraph 0088). Therefore, it would have been equally as obvious to the ordinary artisan to provide the second flange of the second blowout unit discussed in the modification above to be coupled to the edge portion of the opening (second hole) formed in the battery rack in order to effectively cool the batteries in the battery rack, meeting the instant claimed limitation of the second flange surrounding the second air hole.
Further, as evidenced by Smith described above, flanges are a mechanical connection known in the art to provide a leak free-connection if assembled correctly (Page 74). Therefore, the addition of the second blowout unit including flanges (Elements 422a and 422c) as described above in the modification of claim 5 results in a sealing (leak-free) connection between the second connecting portion and the at least one battery rack, meeting the instant claimed limitations.
Regarding claim 9, Yoo teaches the energy storage container according to claim 1.
As mentioned above, Yoo teaches the elongated tube comprised of three tubes of different diameters connected to each other in order to adjust the length of the tube (Paragraphs 0100-0101). The modification of adding a second blowout unit and connecting the second flange plate to a hole in the battery rack discussed above resulted in the connection between the second pipe portion of the second connecting portion and the first flange plate.
By adjusting the length of the second connecting portion (third tube) (Element 422 e3) of the elongated tube, the ordinary artisan would recognize the third tube may extend through the blowout unit and contact the second air hole provided on the battery rack. By further drawing the third tube out of the second tube in accordance with the teachings of Yoo (Paragraphs 0100-0101), the ordinary artisan would recognize that the air guide (specifically, the third tube of Yoo or the second pipe section of the instant claim) may be inserted into the battery rack in a predetermined direction, as annotated below, meeting the instant claimed limitations.
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Annotated Figure 6 of Yoo
Thus, the ordinary artisan would find it obvious to draw out the third tube of Yoo in such a way to improve the delivery of coolant through the elongated tube to the batteries.
Yoo is silent as to a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction.
However, the ordinary artisan would recognize only three possible options for the length of the second flange relative to the length of the battery rack in the predetermined direction:
a length of the second flange being less than a length of the at least one battery rack in the predetermined direction
a length of the second flange being equal to a length of the at least one battery rack in the predetermined direction
a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select a length of the second flange being greater than a length of the at least one battery rack in the predetermined direction from the finite lists of possible combinations for flange length to arrive at the second flange of the instant claim since the combination of components would have yielded predictable results as a component to connect adjacent surfaces of a pipe system, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Regarding claim 10, Yoo teaches the energy storage container according to claim 9, wherein an end portion of the second flange is provided with a positioning hole, as seen in the annotated Figure below.
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Annotated Figure 5 of Yoo
Regarding claim 11, Yoo teaches the energy storage container according to claim 1, further comprising: a stopper (moving screw) (Figure 5, Element 422d1).
Yoo teaches the stopper is located on an end portion of the second connecting portion, as shown in the annotated Figure below.
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Annotated Figure 6 of Yoo
As mentioned above, Yoo teaches the elongated tube comprised of three tubes of different diameters connected to each other in order to adjust the length of the tube (Paragraphs 0100-0101). Therefore, at least a portion of the stopper presses against the second connecting portion (third tube) (Element 422 e3) of the elongated tube or it would be obvious to the ordinary artisan to adjust the length of the second connecting portion (according to the teachings of Yoo, the third tube may be drawn out from the second tube) so that the stopper presses against it, meeting the instant claimed limitations.
Regarding claim 13, Yoo teaches the energy storage container according to claim 3, further comprising: a stopper (moving screw) (Figure 5, Element 422d1).
Yoo teaches the stopper is located on an end portion of the second connecting portion, as shown in the annotated Figure below.
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Annotated Figure 6 of Yoo
As mentioned above, Yoo teaches the elongated tube comprised of three tubes of different diameters connected to each other in order to adjust the length of the tube (Paragraphs 0100-0101). Therefore, at least a portion of the stopper presses against the second connecting portion (third tube) (Element 422 e3) of the elongated tube or it would be obvious to the ordinary artisan to adjust the length of the second connecting portion (according to the teachings of Yoo, the third tube may be drawn out from the second tube) so that the stopper presses against it, meeting the instant claimed limitations.
Response to Arguments
In the remarks submitted May 28th, 2026, applicant argues that pending claim 1 should be novel over the cited art because the Office admitted that Yoo does not teach the second connecting portion comprising a second flange connected to the at least one battery rack, wherein one end of the second pipe section is connected to the second flange.
In the remarks submitted May 28th, 2026, applicant argues that the cited art, either alone or in combination fails to disclose each and every feature of the amended claim 1, as the claimed configuration provided significant technical advantages over the prior art. Applicant argues that the specific configuration of the second flange, notably the perpendicular relationship between the first and second flange plates and their engagement with the battery rack provides a synergistic effect that ensures a more robust mechanical connection for enhanced safety and a superior airtight seal to optimize heat transfer efficiency. Applicant argues that such technical advantages are neither taught nor suggested by Yoo or Wen, and thus represent unexpected results that distinguish the present invention from the prior art.
Applicant’s arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that arguments presented by the applicant cannot take the place of evidence in the record. See MPEP 716.01(c)(II). While the instant disclosure provides general teachings relating to safety and heat transfer, this advantageous effects are not specifically attributed to the specific configuration of the second flange nor a “synergistic relationship” as argued by applicant. Further, applicant has not indicated in the remarks where evidence for these conclusions may be found on the record in the disclosure as originally filed.
Further, with respect to the arguments directed toward unexpected results, the Examiner presents that the aforementioned claimed limitations are structural features which are taught by Wen and Yoo, as set forth in the rejections above and in the Non-Final rejection mailed March 4th, 2026. It is noted that it is the burden of Applicant to provide evidence that establishes that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance. See MPEP 716.02(b)(I). Applicants have the burden of explaining proffered data. See MPEP 716.02(b)(II). It is further noted that in order to establish unexpected results over a claimed range, Applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. See MPEP 716.02(d) II. Additionally, the claims must be commensurate in scope with the proffered data to provide a nexus between the claims and the data establishing evidence of unexpected results. See MPEP 716.02(d). As these requirements are not met by applicant in their remarks, the arguments are not found persuasive by the Examiner.
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 OLIVIA A JONES whose telephone number is (571)272-1718. The examiner can normally be reached Mon-Fri 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at (571) 270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/O.A.J./Examiner, Art Unit 1789
/JENNIFER A BOYD/Supervisory Patent Examiner, Art Unit 1786
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