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 B, in the reply filed on 02/05/26 is acknowledged. Applicant identified claims 1-8, 10-12, 18 and 20-21 as reading on the elected species. However, claim 11 depends on claim 9 which corresponds to a non-elected species.
Claims 9 and 11 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. Claims 20-21 are amended. Claim 19 is cancelled.
Claims 1-8, 10, 12, 18 and 20-21 have been examined and addressed on the merits in this office action.
Claim Objections
Claims 4-5, 8 and 10 are objected to because of the following informalities:
Regarding claim 4, for clarity, in lines 4-5, “…comprising at least one temperature control medium inlet…” should read --…comprising at least one second temperature control medium inlet…--.
Regarding claim 5, for clarity, in lines 4-5, “…comprising at least one temperature control medium outlet…” should read --…comprising at least one second temperature control medium outlet…--.
In lines 6-7, “…to the at least one temperature control medium inlet…” should read --…to the at least one second temperature control medium outlet…--.
Regarding claim 8, for clarity, in lines 2-3, “the objects” should read –the object--.
Regarding claim 10, for clarity, in lines 5, “is” should read –are--.
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 1-8, 10, 12 and 18 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 1, the term “extends substantially opposite” is a relative term which renders the claim indefinite. The word “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear what amount/extend/degree of the flow direction would necessary constitute “substantially”. Absent a standard for determining, the metes and bounds of the limitation “extends substantially opposite” is unclear as currently present.
For the purpose of this examination, the claim has been interpreted to mean:
--…extends opposite…--.
Regarding claims 2-6, in line 5 of claim 2, line 4 of claim 3, line 4 of claim 4, line 4 of claim 5, and lines 2, 4, 6, 8, 9, 11 and 12 of claim 6, it is unclear what conjunction (”and” or “or”) is intended to be claimed.
For the purpose of this examination, the claims have been interpreted to mean:
--or--.
Regarding claim 6, the claim recites the limitations
“the at least one first temperature control medium outlet” in line 3,
“the first return flow collection channel” in line 4.
“the at least one second temperature control medium outlet” in line 6, and
“the second return flow collection channel” in line 7.
There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean:
“at least one first temperature control medium outlet” in line 3,
“a first return flow collection channel” in line 4.
“at least one second temperature control medium outlet” in line 6, and
“a second return flow collection channel” in line 7.
Also regarding claim 6, the limitation “the at least one second temperature control medium inlet and/or the at least one second distribution channel is located opposite to the at least one first temperature control medium outlet or the first return flow collecting channel relative to the first plane” is not supported by the instant specification regarding the elected species B.
Regarding claim 3, it is unclear, in lines 5-7, how “the at least one object to be temperature-controlled ensures the thermal conduction between adjacent objects and the at least one first flow channel and the at least one second channel.” The instant specification provides no support for the aforementioned statement.
Regarding claim 7, the claim recites the limitation “the temperature control circuit” in line 3. There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean:
--a temperature control circuit--.
Regarding claim 8, the term “substantially geometrically parallel” is a relative term which renders the claim indefinite. The word “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear what amount/extend/degree of the the first and second flow channels would necessary constitute “substantially”. Absent a standard for determining, the metes and bounds of the limitation “substantially geometrically parallel” is unclear as currently present.
Also regarding claim 8, it is unclear how the first (11) and second (21) flow channels, being arranged alternately to each other can simultaneously be in a “common arrangement plane” orthogonal to the flow paths. If the first and second channels are arranged alternately to each other they cannot be in a same (common) plane orthogonal to the flow paths.
For the purpose of this examination, the claim has been interpreted to mean, in lines 3-6:
--…to be temperature-controlled geometrically parallel to each other, and the first and second flow channels being arranged alternately in respective first and second arrangement planes orthogonal to the first and second flow paths.--.
Regarding claim 10, it is unclear what “common arrangement plane” the claim is referring to in lines 3-4. As it applies to the interpretation of claim 8, above, claim 10 has been interpreted to mean, in lines 3-4:
--the respective adjacent first and second flow channels arranged in the respective first and second arrangement planes, wherein a first flow…--.
Regarding claim 12, it is unclear which “at least one first” and which “second flow channel” the claim is referring to. Also, it is unclear how the two independent flow channels can form a common thermally conductive surface. Further, it is unclear if the “at least one object to be conductively temperature-controlled” of line 4 is the same as the “at least one object to be temperature-controlled” of claim 1.
For the purpose of this examination, the claim has been interpreted to mean:
--wherein the at least one first flow channel and the at least one second flow channel are designed to be flattened in a plane parallel to the first and second flow paths, for thermally contacting a common surface of at least another object to be conductively temperature-controlled.--.
Regarding claim 18, the claim is rejected by virtue of its dependency on claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
Claims 1-8, 10, 18 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chenxi (CN 217158331U, machine translation attached).
Regarding claim 1, Chenxi discloses:
a counterflow temperature control device (1) for the temperature control of at least one object (101) (figs. 1-5 and 8), comprising:
at least one first temperature control section including at least one first flow channel for a temperature control medium to flow through in a first flow direction from a first channel inflow to a first channel outflow along a first flow path (see annotated fig. 8-CHENXI, below);
at least one second temperature control section including at least one second flow channel for a second temperature control medium to flow therethrough in a second flow direction from a second channel inflow to an opposite second channel outflow along a second flow path (see annotated fig. 8-CHENXI, below);
wherein the first flow direction extends opposite to the second flow direction (see annotated fig. 8-CHENXI, below); and
wherein the at least one first and second flow channel are in thermally conductive connection with the at least one object (101) to be temperature-controlled (figs. 1-5 and 8).
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Regarding claim 2, Chenxi discloses:
the thermally-conductive connection between the at least one object (101) to be temperature-controlled and the at least one first flow channel and the at least one second flow channel is made indirectly via a thermally conductive medium (thermally conductive adhesive) between the surface of the at least one object (101) to be temperature-controlled and the surface or surfaces of the at least one first flow channel and the at least one second flow channel [par. 0010].
Regarding claim 3, Chenxi discloses:
the thermally conductive medium being a thermally conductive layer (adhesive), wherein the at least one object (101) to be temperature-controlled ensures the thermal conduction between adjacent objects and the at least one first flow channel and the at least one second flow channel.
The limitation “the at least one object to be temperature-controlled ensures the thermal conduction between adjacent objects and the at least one first flow channel and the at least one second channel” has not been considered in this Office Action based on the 112(b) rejection, above.
Regarding claim 4, Chenxi discloses:
at least one first temperature control medium inlet and at least one first distribution channel (104) for connecting at least two first temperature control medium inflows to the at least one first temperature control medium inlet (see annotated fig. 8-CHENXI, page 6).
Regarding claim 5, Chenxi discloses:
at least one first temperature control medium outlet and at least one first return flow collection channel (105) for connecting at least two first temperature control medium outflows to the at least one first temperature control medium outlet (see annotated fig. 8-CHENXI, page 6).
Regarding claim 6, Chenxi discloses:
the first distribution channel (104) being formed opposite the first return flow collection channel (105) in a first plane (horizontal plane) parallel to the first flow direction (see annotated fig. 8-CHENXI, page 6);
the second distribution channel (106) being formed opposite to the second return flow collecting channel (107) in the first plane (see annotated fig. 8-CHENXI, page 6); and
the at least one first temperature control medium inlet being located opposite to the at least one second temperature control medium outlet relative to the first plane (see annotated fig. 8-CHENXI, page 6),
whereby the temperature control medium in the at least one first flow channel flows in the opposite direction to the at least one second flow channel (see annotated fig. 8-CHENXI, page 6).
The limitation “the at least one second temperature control medium inlet or the at least one second distribution channel is located opposite to the at least one first temperature control medium outlet or the first return flow collecting channel relative to the first plane,” has not been considered in this Office Action based on the 112(b) rejection, above.
Regarding claim 7, Chenxi discloses:
the at least one first and second temperature control sections are connected to a temperature control circuit of the application only via one inlet (3) and only via one return (4);
the at least one first temperature control medium inlet of the first temperature control section and the second temperature control medium inlet of the second temperature control section being connected to the temperature control circuit of the application by a common feed (see annotated fig. 8-CHENXI, page 6); and
the at least one first temperature control medium inlet of the first temperature control section and the second temperature control medium inlet of the second temperature control section being connected to the temperature control circuit of the application by a common return (see annotated fig. 8-CHENXI, page 6).
Regarding claim 8, Chenxi discloses:
a plurality of first and second flow channels, the first and second flow channels being arranged along the objects to be temperature-controlled geometrically parallel to each other, and the first and second flow channels being arranged alternately in respective first and second arrangement planes orthogonal to the first and second flow paths (see annotated fig. 8-CHENXI, page 6).
Regarding claim 10, Chenxi discloses:
a receiving space for arranging at least one object (110) to be conductively temperature-controlled being formed between the respective adjacent first and second flow channels arranged in the respective first and second arrangement planes, wherein a first flow channel and a second flow channel are in thermal conductive connection with at least one object to be temperature-controlled.
Regarding claim 18, Chenxi discloses:
a battery housing (“frame”) for accommodating at least one battery cell (110) [par. 0032], comprising a counterflow temperature control device according to claim 1 (please refer to the rejection of claim 1, above).
Regarding claim 20, Chenxi discloses:
a method for the temperature control of electrical energy storages (110) in the form of round cells (110) (figs. 1-5 and 8), wherein at least one of the first and one second flow channels is brought into abutment with at least a partial region of an outer wall of the electrical energy storages (110) to be temperature-controlled (see annotated fig. 8-CHENXI, page 6).
Regarding claim 21, Chenxi discloses:
a motor vehicle comprising the electrical energy storages (110) to be temperature-controlled [par. 0032 and 0037].
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhong et al. (US 2025/00132415, herein “Zhong”).
Regarding claim 1, Zhong discloses:
a counterflow temperature control device (2000) for the temperature control of at least one object (a plurality of cells of battery pack 600) (figs. 3-5) [par. 0004], comprising:
at least one first temperature control section including at least one first flow channel for a temperature control medium to flow through in a first flow direction from a first channel inflow to a first channel outflow along a first flow path (see annotated fig. 5-ZHONG, page 10);
at least one second temperature control section including at least one second flow channel for a second temperature control medium to flow therethrough in a second flow direction from a second channel inflow to an opposite second channel outflow along a second flow path (see annotated fig. 5-ZHONG, page 10);
wherein the first flow direction extends opposite to the second flow direction (seen in annotated fig. 5-ZHONG, below); and
wherein the at least one first and second flow channel are in thermally conductive connection with the at least one object (a cell of 600) to be temperature-controlled (figs. 3-5) [par. 0039].
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Regarding claim 12, Zhong discloses:
the at least one first flow channel and the at least one second flow channel are designed to be flattened in a plane parallel to the first and second flow paths, for thermally contacting a common surface of at least another object (another cell of 600) to be conductively temperature-controlled (through element 500) (figs. 3-4) [par. 0039].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763