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 .
Election/Restrictions
Applicant’s election without traverse of Species A1 in the reply filed on 02/26/2026 is acknowledged.
Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026.
Information Disclosure Statement
The information disclosure statement filed 05/05/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. KR-20210059306-A and CN-113363613-A have been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Regarding claim 11, the claim limitations “at least one of the following: glue, a spring, a clip” should read, “at least one of the following: glue, a spring, or a clip.”
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 6, 9, and 11 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.
Regarding claim 6, the phrase “such as substantially perpendicular” (line 3) includes exemplary language that renders the claim indefinite because it is unclear whether “substantially perpendicular” is part of the claimed invention and further limits the scope of the claims. See MPEP § 2173.05(d). For the purpose of this office action, the claim limitation has been interpreted as reading, “wherein the increase of the variable dimension is configured to be performed in a direction which is different from a flow direction of the coolant fluid in the main channel.”
Regarding claim 9, the phrase “the dimension change of the variable dimension” (lines 1-2) lacks antecedent basis that renders the claim indefinite. For the purpose of this office action, the claim limitation has been interpreted as reading, “wherein a dimension change of the variable dimension is configured”.
Regarding claim 11, the phrase “the at least one battery cell” (line 2) renders the claim indefinite. It is unclear whether “the at least one battery cell” is referring to the one or more battery cells of an electric battery of claim 10, or the “at least one battery cell” of claim 1. Claim 1 does not positively require “at least one battery cell” as it is intended use for the cooling system’s cooling conduit. For the purpose of this office action, the claim limitation has been interpreted reading, “wherein the cooling conduit is connected to the one or more battery cells” as claim 10 is the claim that positively requires battery cells as a structure.
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.
Claims 1-6, 8-10, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirsch et al. (US 20200036062 A1).
Regarding claim 1, Hirsch discloses a cooling system (i.e. cooling device, [0007]) for one or more battery cells of an electric battery (i.e. accumulator arrangement, plurality of rigid battery cells, [0007]) comprising:
a cooling conduit (i.e. cooling element, Fig. 14, element 7) for coolant fluid (i.e. cooling fluid, [0007]), wherein the cooling conduit is arranged for cooling of at least one battery cell of the electric battery (i.e. between adjacent battery cells, [0007], Fig. 14), characterized in that, the cooling conduit has a variable dimension (i.e. pressure build up by cooling fluid, [0047]), being indicative of a variable amount of coolant to flow in the cooling conduit ([0016], Fig. 12-14), and the variable dimension of the cooling conduit is variable in dependence on a cell swelling mechanism of the at least one battery cell (i.e. deformation of battery cells, [0048]).
Dimension, according to the Oxford English dictionary, is defined as “measurable or spatial extension of some kind.” By this standard understanding of “dimension” and absent of a special definition in the instant specification, one of ordinary skill would reasonably determine “dimension” to encompass pressure.
Regarding claim 2, Hirsch discloses all limitations as set forth above.
Hirsch further discloses wherein the variable dimension, the coolant pressure of the cooling conduit as set forth in claim 1 above, is variable such that it increases with increased cell swelling of the at least one battery cell ([0016];Fig. 12-14). One of ordinary skill in the art would recognize that through the swelling of the battery cells, and the resulting increase in the pressure within the cooling conduit, the coolant fluid within the cooling conduit would necessarily flow such that there is an increase in the flow amount of coolant fluid within the coolant conduit, thus reading on claim 2.
Regarding claim 3, Hirsch discloses all limitations as set forth above.
Hirsch further discloses the cooling system further comprising a main channel (i.e. fluid distributor, Fig. 14, elements 8 and 11) for coolant fluid, wherein the cooling conduit is in fluid communication with the main channel ([0036]).
Regarding claim 4, Hirsch discloses all limitations as set forth above.
Hirsch further discloses the cooling system wherein the fluid communication between the main channel (i.e. fluid distributor, Fig. 14, elements 8 and 11) and the cooling conduit is provided in that the cooling conduit is at least partly provided inside the main channel, as shown in annotated Hirsch Fig. 14 below.
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Annotated Hirsch Fig. 14
Regarding claim 5, Hirsch discloses all limitations as set forth above.
Hirsch further discloses flexible separating layers (Fig. 14-16, element 14) define the interior of the cooling element ([0036]), and the main channel walls (i.e. fluid distributor, Fig. 16, element 8), which comprise a portion of the cooling conduit that is partly provided in the main channel (Fig. 14-16, element 28) is flexible such that when the battery block is clamped due to deformation, the walls, and thus part of the cooling conduit, deforms but remains tension free ([0016];[0018], Fig. 16).
Hirsch does not explicitly disclose “wherein an increase of the variable dimension is achieved by the cooling conduit being pressed into the main channel a consequence of swelling.” However, a skilled artisan would recognize that when the cell-swelling mechanism and resulting coolant pressure increase occurs, the flexible material of the cooling conduit inherently allows for and configures the portion partly provided in the main channel to be pushed further into the main channel as a result of the pressure increase and swelling, thus satisfying claim 5.
Regarding claim 6, Hirsch discloses all limitations as set forth above. Hirsch further discloses an increase in the pressure within the cooling conduit ([0048]), the variable dimension as set forth above in claim 1, which is non-directional, making it different from the flow direction of the coolant fluid in the main channel, thus satisfying claim 6.
Regarding claim 8, Hirsch discloses all limitations as set forth above.
Hirsch further discloses wherein that at least one battery cell which is associated with the cooling conduit has a bottom surface, a top surface and a side surface, wherein the variable dimension of cooling conduit is variable in dependence on a cell swelling mechanism occurring at the bottom and/or top surface of the at least one battery cell, as shown in Annotated Hirsch Fig. 16 below.
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Annotated Hirsch Fig. 16
Examiner notes the claim limitation does not specify relative directional indicators or fixed characteristics with respect to the bottom, top, or side surface of the at least one battery cell, thus allowing any surface of the prior art’s battery cell to be considered as a bottom, top, or side surface, as indicated in the figure above.
Regarding claim 9, Hirsch discloses all limitations as set forth above.
Hirsch further discloses wherein the dimension change of the coolant pressure, the variable dimension as set forth in claim 1 above, is configured to be performed by the at least one at one battery cell pushing directly on the cooling conduit, as seen in Annotated Fig. 16 below.
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Annotated Hirsch Fig. 16
Regarding claim 10, Hirsch discloses all limitations as set forth above.
Hirsch further discloses an electric battery comprising one or more battery cells (i.e. accumulator arrangement with plurality of rigid battery cells, [0007]), and further comprising the cooling system according to claim 1 (i.e. cooling device, [0007]).
Regarding claim 12, Hirsch discloses all limitations as set forth above.
Hirsch further discloses the cooling system comprises a plurality of variable cooling conduits (i.e. plurality of cooling elements, [0007]), each one being associated with at least one respective battery cell (Fig. 12-14).
Regarding claim 14, Hirsch discloses all limitations as set forth above.
Hirsch further discloses the disclosed electric battery to be provided for a hybrid of electric vehicle ([0007]).
Claims 1-4, 8-10 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Person et al. (US 20210175557 A1).
Regarding claim 1, Person discloses a cooling system (i.e. cooling structures fluidically communicate via coolant path and coolant reservoir, [0014]-[0015]) for one or more battery cells of an electric battery (i.e. battery cell assembly, [0002]), comprising:
a cooling conduit (i.e. cooling structure, Abstract, Fig. 2) for coolant fluid (i.e. coolant, Abstract), wherein the cooling conduit is arranged for cooling off at least one battery cell of the electric battery (Fig. 2) characterized in that, the cooling conduit has a variable dimension (i.e. coolant pressure, [0007]-[0008]) being indicative of coolant fluid flow in the cooling conduit (i.e. coolant filling level, [0007]-[0008]), and the variable dimension of the cooling conduit is variable in dependence on a cell swelling mechanism of the at least one battery cell (i.e. pressure increase from cell volume expansion, [0043], Fig. 2 and 3).
Dimension, according to the Oxford English dictionary, is defined as “measurable or spatial extension of some kind.” By this standard understanding of “dimension” and absent of a special definition in the instant specification, one of ordinary skill would reasonably determine “dimension” to encompass pressure.
Regarding claim 2, Person discloses all limitations as set forth above.
Person further discloses the expansion of the battery cell results in a rise in coolant pressure in the cooling structures, the variable dimension as set forth in claim 1 above, and that the volume reduction of the cooling structures causes the coolant to be “pushed” into the coolant reservoir (i.e. main channel), causing an increased flow amount of coolant fluid in the cooling conduit into the coolant reservoir ([0008]), thus being within the scope of claim 2.
Regarding claim 3, Person discloses all limitations as set forth above.
Person further discloses the cooling structures to be in fluid communication with the main channel (i.e. coolant path, [0014], Fig. 2).
Regarding claim 4, Person discloses all limitations as set forth above.
Person further discloses the cooling system of claim 3 wherein the fluid communication between the main channel and cooling conduit is provided in that the cooling conduit is at least partly provided inside the main channel, as shown in Annotated Person Fig. 2 below.
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Annotated Person Fig. 2
Regarding claim 8, Person discloses all limitations as set forth above.
Person further discloses wherein that at least one battery cell which is associated with the cooling conduit has a bottom surface, a top surface and a side surface, wherein the variable dimension of cooling conduit is variable in dependence on a cell swelling mechanism occurring at the bottom and/or top surface of the at least one battery cell, as shown in Annotated Person Fig. 3 below.
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Annotated Person Fig. 3
Examiner notes the claim limitation does not specify relative directional indicators or fixed characteristics with respect to the bottom, top, or side surface of the at least one battery cell, thus allowing any surface of the prior art’s battery cell to be considered as a bottom, top, or side surface, as indicated in the figure above.
Regarding claim 9, Person discloses all limitations as set forth above.
Furthermore, the change in coolant pressure, the variable dimension as set forth in claim 1 above, is configured to be performed by the at least one battery cell pushing directly on the cooling structures ([0008]), as shown in Annotated Fig. 3 below, thus anticipating claim 9.
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Annotated Person Fig. 3
Regarding claim 10, Person discloses all limitations as set forth above.
Person further discloses an electric battery comprising one or more battery cells (i.e. battery cell assembly), and further comprising the cooling system of claim 1 ([0002];[0008]).
Regarding claim 12, Person discloses all limitations as set forth above.
Person further discloses the cooling system comprising a plurality of variable cooling conduits, each one being associated with at least one respective battery cell (Fig. 2).
Regarding claim 13, Person discloses all limitations as set forth above.
Person discloses a battery cell assembly wherein the plurality of variable of cooling conduits are associated with a first group of battery cells, and wherein the cooling system further comprises one or more non-variable cooling conduits associated with a second group of battery cells, wherein the first group of battery cells is battery cells at a front portion of the electric battery, as shown in Annotated Person Fig. 1 and 2 below.
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Annotated Person Fig. 1 and Fig. 2
Regarding claim 14, Person discloses all limitations as set forth above.
Person further a motor vehicle, in particular an electric or hybrid vehicle, comprising the battery cell assembly ([0002]).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Person et al. (US 20210175557 A1), as applied to claim 1 above, and in further view of Champion et al. (US 20110293985 A1).
Regarding claim 11, Person discloses all limitations as set forth above.
Person further discloses the flexible material or film, which binds the interior of the cooling structure, may be joined to the frame attached to the cell exterior (Fig. 2) in a substance-bonded manner ([0013]), but does not explicitly disclose the cooling conduit being connected to the at least on battery cell by at least one of the following: glue, a spring, or a clip.
Champion teaches glueing as a method of providing a sealing attachment between a conduit or similar structure to a cell, as glue may provide sufficient sealing and the members being glued together comprise large flat areas which may be fixed to each other by gluing ([0012]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have improved the cooling structure of Person such that the cooling conduit is connected to the at least one battery cell by glue for the benefit of sufficient sealing, as taught by Champion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESTHER J TAN whose telephone number is (571)272-3479. The examiner can normally be reached M-F 7:30 AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571)270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.J.T./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 4/6/2026