DETAILED ACTION
Status of the Application
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant's election with traverse of Group II, claims 13 – 20, in the reply filed on April 10, 2026 is acknowledged. The traversal is on the ground(s) that the Office provided zero support for the assertion that the Invention of Group II, as claimed, can be used in specialized mobile refrigeration units-typically trailers or truck "slide-ins" designed for the bulk movement of bagged ice or frozen goods, e.g. auto defrost refrigerated ice transport. Rather, applicant contends that the specification and claims are directed to thermal management of electric vehicle batteries, not transportation of frozen foodstuffs or ice. This is not found persuasive because it is well-known that specialized mobile ice and frozen-goods transport units, such as truck "slide-ins" and towable trailers, heavily rely on thermal management. Without advanced thermal control, external heat, door openings, and humidity would rapidly melt bagged ice or spoil frozen cargo. The requirement is still deemed proper and is therefore made FINAL.
Status of the Claims
This action is in response to the applicant’s filing on April 10, 2026. Claims 1 – 12 have been cancelled from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 10, 2026. Claims 13 – 20 are pending and examined below.
Drawings
The drawings are objected to because they include rectangular boxes without appropriate legends. For example, elements 102, 104 and 106 need appropriate legends. Empty or not labeled rectangular boxes in a circuit are not descriptive, and therefore incomplete. See 37 CFR 1.83(a) and 1.84(o).
Suitable descriptive legends are required by the examiner as necessary for understanding of the drawing. They should contain as few words as possible. See 37 CFR 1.84(o). Corrected drawings are required in reply to the Office action to avoid abandonment of the application. No new matter should be entered. The objection to the drawings will not be held in abeyance.
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 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 pre-AIA 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)(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.
Claim 13 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication No. 2024/0067049 A1 to Kim (herein after "Kim publication").
Note: Text written in bold typeface is claim language from the instant application.
Texts written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
As to claim 13,
the Kim publication discloses a thermal management system for an electric vehicle, comprising:
a first battery (41)(see FIG. 1 and at least ¶41 – ¶58);
a battery coolant loop (22) thermally coupled to the first battery (41) and comprising a first chiller (37) and a first pump (45)(see FIG.1 and at least ¶41 – ¶58);
a battery refrigeration loop (21) comprising the first chiller (37) thermally coupled to a compressor (32) and a first electronic expansion valve (15)(see FIG.1 and at least ¶58 – ¶60); and
a controller (1000) in electronic communication with the first electronic expansion valve (15), the controller (1000) configured to control a position of the first electronic expansion valve (15)(see FIG.1 and ¶58, where “the controller 1000 may control a cooling-side expansion valve 15 to close”),
wherein the first chiller is configured to transfer waste heat from the first battery to a refrigerant of the battery refrigeration loop (see ¶76, where “the battery chiller 37 may be configured to transfer heat between the battery-side coolant passing through the second passage 37b and the refrigerant passing through the first passage 37a. The refrigerant may absorb heat from the battery-side coolant, thereby being evaporated and superheated, and the battery-side coolant may release heat to the refrigerant, thereby being cooled”).
Allowable Subject Matter
Claims 14 – 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Examiner's Note(s): The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123.
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art. See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966). Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference. See In re Preda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963). Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art. See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973). Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references. See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY A. BUTLER whose telephone number is (313)446-6513. The examiner can normally be reached on weekdays, Monday through Friday, between 9 a.m. and 5 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Antonucci can be reached on weekdays, Monday through Friday, between 9 a.m. and 5 p.m. at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Electronic Communications
Prior to initiating the first e-mail correspondence with any examiner, Applicant is responsible for filing a written statement with the USPTO in accordance with MPEP § 502.03 II. All received e-mail messages including e-mail attachments shall be placed into this application’s record.
/RODNEY A BUTLER/Primary Examiner, Art Unit 3666
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