DETAILED ACTION
For 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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Air Shield Plate (305) in Fig 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities: “second inclined suiface”. Appropriate correction is required.
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 1-14 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.
Claims 1-3, 10, 13 and 14 each recite “the energy storage device” in multiple locations. In each instance, it is not clear to which of the previously recited at least two energy storage device the limitation refers.
Claims 1-3 recite “adjacent layers of energy storage devices”. The limitation does not properly refer back to the previously recited energy storage devices. A possible amendment is “adjacent layers of the energy storage devices”.
Regarding claim 4, the limitation “the air outlet” in 4th line lacks proper antecedent basis. It is not clear if the air outlet is of the energy storage device, adjacent energy storage device or the air guide structure. A possible amendment is as follows: “wherein the air guide structure comprises an air guide hood, an air outlet of the air guide structure is arranged at one side of the air guide hoodwhich is fixed to the energy storage device, and the air outlet of the air guide hood surrounds the air inlet of the energy storage device, and an air inlet of the air guide structure is arranged on the air guide hood.” Claims 5-9 are also rejected by virtue of their dependency on claim 4.
Regarding Claim 9, It is not clear what “two ends” are associated with the claimed “bottom”.
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.
(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(s) 1, 2, 4-6, 8, 10-11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al (EP 2704247 A2).
Regarding claim 1, Choi discloses an energy storage apparatus, comprising (para 41, “battery cooling system 10”; fig 2): a support structure, which is provided with at least one support layer in a height direction of the support structure (para 44 “space dividing frame 12”; fig 2); an energy storage device ( para 44 “battery modules M”; fig 2) wherein an air outlet is defined at the top of the energy storage device (para 44, “heat releasing slits C”; fig 2), and an air inlet is defined on a sidewall of the energy storage device (para 44 “side panels 15”; fig 2), wherein the number of the energy storage device is at least two, the at least two energy storage devices are arranged in at least two layers through the at least one support layer, and the support layer between adjacent layers of energy storage devices is hollowed out or configured in a partitioning manner (fig 2 and 3); and an air guide structure mounted on the energy storage device and in communication with the air inlet of the energy storage device (para 54 “channel slit S1, S2, S3,S4”; fig 3), wherein the air guide structure is configured to guide air from a position away from the air outlet of the energy storage device having the air guide structure or away from an air outlet of an adjacent energy storage device (para 56; fig 3).
Regarding claim 2, Choi discloses the support layer between the adjacent layers of energy storage devices is hollowed out (fig 3), and the air guide structure is at least arranged on a sidewall of the energy storage device that locates at a layer except a bottom layer (para 56, “first channel slit S1”; fig 3).
Regarding claim 4 and 11, Choi discloses the air guide structure comprises an air guide hood (para 44, “refrigerant guide plate G”; fig 2), an air outlet of the air guide structure is arranged at one side of the air guide hood, the side, on which the air outlet is defined, of the air guide hood is fixed to the energy storage device, and the air outlet of the air guide hood surrounds the air inlet of the energy storage device, and an air inlet of the air guide structure is arranged on the air guide hood (fig 2-3, see annotated fig below).
Regarding claim 5, Choi discloses a first end of the air guide hood provided with a first inclined surface (para 47-49, “refrigerant guide plate G(14b)”; fig 3), the first inclined surface is inclined towards a direction away from a second end of the air guide hood along a direction approaching the air outlet of the air guide hood, and an air inlet of the air guide hood is defined on the first inclined surface (fig 2-3, see annotated fig below).
Regarding claim 6, Choi discloses the second end of the air guide hood provided with a second inclined surface (para 47-49, “refrigerant guide plate G(14a)”; fig 3”), and the second inclined surface is inclined towards a direction away from the first end of the air guide hood along a direction approaching the air outlet of the air guide hood (fig 2-3, see annotated fig below).
Regarding claim 8, Choi discloses a first louver 15a mounted at the air inlet of the air guide hood (fig 2-3).
Regarding claims 10 and 13, Choi discloses the air guide structure comprises an air shield plate arranged on the energy storage device (para 44, “refrigerant guide plate G (13b)”; fig 3 and 6), wherein the air shield plate is configured to separate the air inlet of the energy storage device having the air shield plate from the air outlet of the energy storage device having the air shield plate or the air outlet of the adjacent energy storage
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device (fig 3 and 6).
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(s) 3, 7, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (EP 2704247 A2), as applied to claims 1 and 6 above, in view of Kronke et al. (US 2017/0077467 A1).
Regarding Claim 3, Choi discloses the air guide structure is at least arranged on a sidewall of the energy storage device that locates at a layer except a top layer (para 58, “fourth channel slit S4”; fig 3).
Choi fails to disclose the support layer between the adjacent layers of energy storage devices is configured in a partitioning manner.
Kronke discloses the support layer between the adjacent layers of energy storage devices is configured in a partitioning manner (para 46-47; fig 4). The support layer can be structured in finite number of ways, and choice of the specific structure of support layer is within the purview of one of ordinary skill in the art. As such, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the energy storage apparatus of Choi such that the support layer between the adjacent layers of energy storage devices is configured in a partitioning manner as taught by Kronke above as doing such has reasonable expectation of success.
Regarding claim 7, Choi discloses second inclined surface G(14a). Choi fails to disclose a maintenance opening defined on the second inclined surface of the air guide hood, and an openable and closable maintenance door mounted at the maintenance opening.
Kronke discloses a maintenance opening defined on the second inclined surface 135 of the air guide hood (para 28 “door assembly 130”; fig 1-2), and an openable and closable maintenance door mounted at the maintenance opening (para 32-36; fig 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the energy storage apparatus of Choi such that a maintenance opening defined on the second inclined surface of the air guide hood, and an openable and closable maintenance door mounted at the maintenance opening as taught by Kronke as doing such “provides access to the interior space” (para 28).
Regarding claim 12, Choi discloses the limitation of said claim for the reasons detailed in the rejection of claims 4 and 11 above.
Regarding claim 14, Choi discloses the limitations of said claim for the reasons detailed in the rejection of claims 10 and 13 above.
Claim(s) 9 is /are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (EP 2704247 A2), as applied to claim 4 above, and further in view of Ledjeff (US 4394423 A).
Choi discloses air guide hood is mounted on the energy storage device (para 44 "refrigerant guide plate G "; fig 2).
Choi fails to disclose sewage outlet, and an openable and closable sewage discharge door hermetically mounted at the sewage outlet.
Ledjeff discloses a sewage outlet (C2, L60, “bottom plate 2”), and an openable and closable sewage discharge door is hermetically mounted at the sewage outlet (Col 3 line 1-10). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the energy storage apparatus of Choi such that the air guide hood is provided with a sewage outlet, and an openable and closable sewage discharge door is hermetically mounted at the sewage outlet as taught by Ledjeff as doing such removes toxic antimony and arsenic gases (C2, L4-8)
Conclusion
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/A.K./Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746