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 .
Status of the Claims
The claims submitted 07/02/2023 have been entered and fully considered. Claims 1-10 are pending and examined herein.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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(s) is/are: “circuit switching unit” in claim 1 and “control unit” in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are 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 Interpretation
Claims 1, 5-8, and 10 contains contingent limitations: “when warming the battery…” and 2) “when cooling the battery…” Claim 9 contains contingent limitations: “when a request for warming the battery exists…” and “when a request for cooling the battery exists…” It is noted that the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. The system claim interpretation differs from a method claim interpretation because the claimed structure must be present in the system regardless of whether the condition is met and the function is actually performed. See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) and MPEP 2111.04(II).
Claim Rejections - 35 USC § 102
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 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein).
Regarding claim 1, Suwin discloses a battery temperature control device 1 (Abstract; Fig. 1). The battery temperature control device 1 comprises a battery 51; a battery heat exchange channel 32 (“heat exchange part”) capable of exchanging heat between the battery and a refrigerant (“heat medium”) (Fig. 1; [0026]-[0027], [0029]-[0031]); and a cooling medium circulation circuit 3 (“heat medium circuit”) capable of flowing the refrigerant to the heat exchange part (Fig. 1; [0025]-[0026]).
The battery temperature control device 1 is capable of adjusting a temperature of the battery by flowing the refrigerant to the battery heat exchange channel 32 through the cooling medium circulation circuit 3 to exchange heat with the battery (Fig. 1; [0025]).
The cooling medium circulation circuit 3 comprises a heater heat exchange passage 37 (“warming circuit”) capable of flowing the refrigerant with a raised temperature to the battery heat exchange channel 32 to warm the battery 51 (Fig. 1; [0032]-[0035]); and a radiator heat exchange passage 39 (“cooling circuit”) capable of flowing the refrigerant cooled to the heat exchange channel 32 to cool the battery 51 (Fig. 1; [0032], [0036]).
The battery temperature control device 1 further comprises a valve 36 (“circuit switching unit”) capable of switching between the heater heat exchange passage 37 and the radiator heat exchange passage 39 to connect the heater heat exchange passage 37 when warming the battery 51 and to connect the radiator heat exchange passage 39 when cooling the battery 51 (Fig. 1; [0033]-[0037]).
Regarding claim 5, Suwin discloses the battery temperature adjusting device of claim 1. Suwin discloses the battery heat exchange channel 32 is made of metal such as a steel pipe ([0029]). This inherently has a first input/output port and a second input/output port through which the refrigerant flows in and out. The valve 36 is capable of connecting the heater heat exchange channel 37 with the battery heat exchange channel 32 when heating, and connecting the radiator heat exchange channel 39 with the battery heat exchange channel 32 when cooling (Fig. 1; [0037]).
Claim Rejections - 35 USC § 103
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.
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.
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein) in view of JP 2021-082528 A (“Hashimoto” – machine translation cited herein).
Regarding claim 2, Suwin discloses the battery temperature adjusting device of claim 1. Suwin discloses the battery 51 comprises a plurality of battery cells 51-1 to 51-6 and the battery heat exchange channel 32 is capable of flowing the refrigerant to each of the battery cells 51-1 to 51-6 (Fig. 1; [0029]).
Suwin does not disclose the battery is constituted of a plurality of battery stacks each including a plurality of battery cells and a case accommodating the battery cells, and the heat-exchange part is arranged to flow the heat medium to each of the battery stacks.
Hashimoto discloses a battery B comprising a plurality of modules 5, wherein each of the plurality of modules 5 is provided with a plurality of cells 6 (Figs. 3, 4). The plurality of cells 6 in each module 5 are stacked ([0035]-[0036]). The module 5 is housed in a casing ([0037]). As one having ordinary skill in the art would readily recognize, providing a stack of battery cells (as in a module) allows for an increase in voltage or capacity depending on how the cells are electrically connected. Hashimoto further discloses a temperature control channel 10b is provided to each module individually (Figs. 3, 4; [0035]-[0037]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the stack of cells and casing as taught by Hashimoto as it amounts to a combination of prior art elements according to known methods to yield predictable results. Furthermore, as one having ordinary skill in the art would readily recognize, it would allow for an increase in voltage and/or capacity of the battery.
In this combination, the battery heat exchange channel 32 is capable of flowing the refrigerant to each of the battery stacks.
Regarding claim 6, modified Suwin discloses the battery temperature adjusting device of claim 2. Suwin discloses the battery heat exchange channel 32 is made of metal such as a steel pipe ([0029]). This inherently has a first input/output port and a second input/output port through which the refrigerant flows in and out. The valve 36 is capable of connecting the heater heat exchange channel 37 with the battery heat exchange channel 32 when heating, and connecting the radiator heat exchange channel 39 with the battery heat exchange channel 32 when cooling (Fig. 1; [0037]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein) in view of US 2020/0161728 A1 (“Wang”).
Regarding claim 3, Suwin discloses the battery temperature adjusting device of claim 1. Suwin discloses the battery heat exchange channel 32 is made of metal such as a steel pipe ([0029]). This inherently has a first input/output port for the refrigerant at one end and a second input/output port for the refrigerant at the other end. Furthermore, the pipe inherently extends from the first input/output port to the second input/output port.
Suwin does not expressly disclose the heat-exchange pipe is arranged to go through an outer circumferential region of the battery, and further through a central region of the battery, and then reach the second input/output port.
Wang discloses a cold plate 310 for a battery module 210 having an inlet 700 and an outlet 705 through which a coolant flows (Figs. 6, 7; [0056]-[0058]). The embodiment in Fig. 7 shows the channel 710 extends from the inlet 700, through an outer circumferential region of the battery, through a central region of the battery, and then reach the outlet 705. Furthermore, Wang discloses the circuitous path for channel 710 can include a spiral shape, which necessarily comprises the claimed regions ([0058]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the shape as taught by Wang as it amounts to a combination of prior art elements according to known methods to yield predictable results.
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Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein) in view of JP 2021-082528 A (“Hashimoto” – machine translation cited herein) as applied to claim 2 above, and further in view of US 2020/0161728 A1 (“Wang”).
Regarding claim 4, modified Suwin discloses the battery temperature adjusting device of claim 2. Suwin discloses the battery heat exchange channel 32 is made of metal such as a steel pipe ([0029]). This inherently has a first input/output port for the refrigerant at one end and a second input/output port for the refrigerant at the other end. Furthermore, the pipe inherently extends from the first input/output port to the second input/output port.
Suwin does not expressly disclose the heat-exchange pipe is arranged to go through an outer circumferential region of the battery, and further through a central region of the battery, and then reach the second input/output port.
Wang discloses a cold plate 310 for a battery module 210 having an inlet 700 and an outlet 705 through which a coolant flows (Figs. 6, 7; [0056]-[0058]). The embodiment in Fig. 7 shows the channel 710 extends from the inlet 700, through an outer circumferential region of the battery, through a central region of the battery, and then reach the outlet 705. Furthermore, Wang discloses the circuitous path for channel 710 can include a spiral shape, which necessarily comprises the claimed regions ([0058]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the shape as taught by Wang as it amounts to a combination of prior art elements according to known methods to yield predictable results.
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Regarding claim 8, modified Suwin discloses the battery temperature adjusting device of claim 4. Hashimoto discloses a battery B having a heat exchange flow path 10 that supplies a heat medium fluid to a plurality of cells in a plurality of modules (Abstract; Figs. 3, 4). A switching valve 14 allows for switching of the flow direction of the heat transfer fluid ([0026]). This reduces the temperature difference between the multiple cells 6 that make up the battery B ([0028]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the structure of Hashimoto, including the switching valve, to reduce the temperature difference of the cells in the battery.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein) in view of US 2020/0161728 A1 (“Wang”) as applied to claim 3 above, and further in view of JP 2021-082528 A (“Hashimoto” – machine translation cited herein).
Regarding claim 7, modified Suwin discloses the battery temperature adjusting device of claim 3. Suwin discloses the valve 36 is capable of connecting the heater heat exchange channel 37 with the battery heat exchange channel 32 when heating which allows the refrigerant to from the first input/output port to the second input/output port.
Suwin does not expressly disclose the structure required for the limitation when cooling the battery, the circuit switching unit switches to connecting the cooling circuit to the heat-exchange part, allowing the heat medium to flow from the second input/output to the first input/output port.
Hashimoto discloses a battery B having a heat exchange flow path 10 that supplies a heat medium fluid to a plurality of cells in a plurality of modules (Abstract; Figs. 3, 4). A switching valve 14 allows for switching of the flow direction of the heat transfer fluid ([0026]). This reduces the temperature difference between the multiple cells 6 that make up the battery B ([0028]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the structure of Hashimoto, including the switching valve, to reduce the temperature difference of the cells in the battery.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-047555 A (“Suwin” – machine translation of record dated 08/14/2025 cited herein) in view of US 2015/0311572 A1 (“Sung”).
Regarding claim 9, Suwin discloses the battery temperature adjusting device of claim 1. Suwin further discloses the battery is provided with a plurality of the battery heat exchange channels 32 (Fig. 1). Each of the battery heat exchange channels 32 is made of metal such as a steel pipe ([0029]). This inherently has a first input/output port and a second input/output port through which the refrigerant flows in and out. The heater heat exchange passage 37 is capable of flowing the refrigerant with the raised temperature to the battery heat exchange channels 32 to warm the battery 51 (Fig. 1; [0032]-[0035]). The radiator heat exchange passage 39 is capable of flowing the cooled refrigerant to the heat exchange channels 32 to cool the battery 51 (Fig. 1; [0032], [0036]). A switching control unit 7 (“control unit”) switches the flow path of the refrigerant between the heater heat exchange flow path 37 and the radiator heat exchange flow path 39 (Fig. 1; [0037]). The switching control unit 7 controls the valve 36 to connect the heater heat exchange channel 37 to the battery heat exchange channels 32 when a request for warming the battery exists ([0040]); and controls the valve 36 to connect the radiator heat exchange channel 39 to the battery heat exchange channels 32 when a request for cooling the battery exists ([0043]).
Suwin does not expressly disclose each of the heat-exchange parts is provided with an electromagnetic valve in at least one of the first input/output port and the second input/output, the control unit for controlling a plurality of the electromagnetic valves, and the control unit is configured to: when a request for warming the battery exists, control the electromagnetic valves, and when a request for cooling the battery exists, control the electromagnetic valves.
Sung discloses an apparatus for controlling the temperature of a battery (Abstract; Figs. 1, 2). The apparatus comprises a battery pack 100 comprising a plurality of battery cells 102, 104, 106, 108, 110, 112. A plurality of valves 186, 188, 190, 192, 194 are provided at each branch of refrigerant pipe 180 (Figs. 1, 2; [0044]-[0045]). A valve driving unit 210 individually performs opening/closing operation depending upon temperature conditions ([0048]). This allows for configuring the flow of the coolant in several different modes such that the operational efficiency of the battery is not deteriorated ([0048]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the plurality of valves taught by Sung to allow for multiple modes of operation such that the operational efficiency of the battery is not deteriorated.
While Sung is silent regarding the type of valve used for plurality of valves 186, 188, 190, 192, and 194, Suwin discloses valve 36 is a solenoid valve (i.e. electromagnetic valve) ([0034]). As Suwin shows this type of valve is known in the art for the same purpose, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use solenoid (electromagnetic) valves as the plurality of valves.
Regarding claim 10, Suwin discloses the battery temperature adjusting device of claim 9. The structure required by the instant claim is present as the plurality of valves 186, 188, 190, 192, 194 taught by Sung are present in each battery heat exchange channel 32 of Suwin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2020/129491 A1 discloses a battery comprising a cooling water circulation circuit 20, wherein valve 25 switches the circuit from a waste heat device 24 to radiator 22 (Figs. 15, 16).
DE 10 2018 132 177 A1 discloses a temperature control system 1 for a vehicle battery 100 having at least two separate battery packs 102, 104, 106, 108; and a central temperature control device 2 being provided and designed to set up each of the battery packs to be individually tempered (Abstract). The flow of a temperature control medium from a heating circuit 34 containing a heater 30 to a cooling circuit 400 (Figs. 1, 2).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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