Prosecution Insights
Last updated: October 04, 2026
Application No. 18/545,260

COUNTERFLOW TEMPERATURE CONTROL DEVICE, BATTERY HOUSING FOR USING A TEMPERATURE CONTROL DEVICE

Final Rejection §102§112
Filed
Dec 19, 2023
Priority
Dec 23, 2022 — DE 10 2022 134 765.6
Examiner
HINCAPIE SERNA, GUSTAVO A
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Polytec Plastics Germany GmbH & Co. Kg
OA Round
2 (Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
5m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
256 granted / 427 resolved
-10.0% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
458
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 427 resolved cases

Office Action

§102 §112
DETAILED ACTION This action is in response to applicant’s amendment received 06/23/2026. Amended claims 1-6, 8, 10 and 20-21 are acknowledged. Claims 1-6, 8-11, 13-18 and 20-21 are pending. Claims 7, 12 and 19 are cancelled. Claims 9 and 13-17 remain withdrawn from consideration pursuant to 37 CFR 1.142(b). Claim Objections Claims 1-6, 8, 10, 18 and 20-21 are objected to because of the following informalities: Regarding claim 1, in line 9, “…having a first channel…” should read –…having a second channel…--. In line 10, “…from a second channel medium inflow to a second channel…” should read --…from the second channel medium inflow to the second channel…--. Regarding claim 4, in line 3, “each first temperature control medium inflow” should read –each first channel medium inflow--. In line 6, “each second temperature control medium inflow” should read –each second channel medium inflow--. Regarding claim 5, in line 3, “each first temperature control medium outflow” should read –each first channel medium outflow--. In line 6, “each two second temperature control medium outflow” should read –each second channel medium outflow--. Regarding claim 6, in lines 2-3, “each first temperature control medium outflow” should read –each first channel medium outflow--. In lines 4-5, “each two second temperature control medium outflow” should read –each second channel medium outflow--. In line 18, “the at least one first temperature control medium outlet” should read –the first temperature control medium outlet--. Regarding claims 2-3, 8, 10, 18 and 20-21, the claims are objected to by virtue of their dependency on claim 1. 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 20-21 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 20, the claim recites the limitations “the at least two first flow channels” and “the at least two second flow channels” in lines 5 and 6, respectively. There is insufficient antecedent basis for these limitations in the claims. For the purpose of this examination, the claim has been interpreted to mean in lines 5-6: --…so that the at least first flow channel and the at least one second flow channel are…--. Regarding claim 21, the claim is rejected by virtue of its dependency on claim 20. 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 1-6, 18 and 20-21 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 cell of 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, each first flow channel having a first channel medium inflow at one end and a first channel medium outflow at an opposite end, for a first temperature control medium to flow through in a first flow direction from the first channel medium inflow to the first channel medium outflow along a first flow path (see annotated fig. 5-ZHONG, below); at least one second temperature control section including at least one second flow channel, each second flow channel having a second channel medium inflow at one end and a second channel medium outflow at an opposite end, for a second temperature control medium to flow therethrough in a second flow direction from the second channel medium inflow to the second channel medium outflow along a second flow path (see annotated fig. 5-ZHONG, page 4); wherein the first flow direction extends opposite to the second flow direction (seen in annotated fig. 5-ZHONG, page 4); wherein the at least one first flow channel and the at least one 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]; PNG media_image1.png 574 673 media_image1.png Greyscale wherein the at least one first temperature control section is connected to a temperature control circuit of an application only via one first temperature control medium inlet and only via one first temperature control medium outlet (see annotated fig. 5-ZHONG-CONNECTION, below); PNG media_image2.png 281 628 media_image2.png Greyscale wherein the at least one second temperature control section is connected to a temperature control circuit of an application only via one second temperature control medium inlet and only via one second temperature control medium outlet (see annotated fig. 5-ZHONG-CONNECTION, above); wherein the first temperature control medium inlet and the second temperature control medium inlet are connected to the temperature control circuit by a common feed (see annotated fig. 5-ZHONG-CONNECTION, above); wherein the first temperature control medium outlet and the second temperature control medium outlet are connected to the temperature control circuit by a common return (see annotated fig. 5-ZHONG-CONNECTION, above); and wherein at least another of the at least one first flow channel and another of 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]. Regarding claim 2, Zhong discloses: the thermally-conductive connection between the at least one object (cell of 600) 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 (vapor chamber 500) between the surface of the at least one object (cell of 600) 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 (figs. 1-4 and annotated fig. 5-ZHONG, page 4) [par. 0039]. Regarding claim 3, Zhong discloses: the thermally conductive medium being a thermally conductive plate (vapor chamber 500), wherein the at least one object (cell of 600) 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 (since all the components of Zhong’s device are in thermal connection with each other) (see annotated fig. 5-ZHONG, page 4), wherein the at least one object to be temperature-controlled ensures the thermally conductive connection between adjacent objects and the at least one first flow channel and the at least one second channel (since all the components of Zhong’s device are thermally connected with each other). Further, per MPEP 2112 – III, it has been held that since the prior art comprises the structure being claimed, then the prior art on record will meet the limitations of the claim, in which Applicant claims a structure in terms of a function, property or characteristic (the at least one object to be temperature-controlled ensures the thermally conductive connection between adjacent objects and the at least one first flow channel and the at least one second channel). Regarding claim 4, Zhong discloses: a first distribution channel for connecting each first channel medium inflow to the first temperature control medium inlet (see annotated fig. 5-ZHONG, page 4). Regarding claim 5, Zhong discloses: a first return flow collection channel for connecting each first channel medium outflow to the at least one first temperature control medium outlet (see annotated fig. 5-ZHONG, page 4). Regarding claim 6, Zhong discloses: a first return flow collection channel for connecting each first channel medium outflow to the first temperature control medium outlet; (see annotated fig. 5-ZHONG, page 4). the first distribution channel being formed opposite the first return flow collection channel in a first plane (horizontal plane) parallel to the first flow direction (see annotated fig. 5-ZHONG, page 4); the second distribution channel being formed opposite to the second return flow collecting channel in the first plane (see annotated fig. 5-ZHONG, page 4); and the first temperature control medium inlet being located opposite to the second temperature control medium outlet relative to the first plane (see annotated fig. 5-ZHONG-CONNECTION, page 5), the second distribution channel being located opposite to the first temperature control medium outlet relative to the first plane (see annotated fig. 5-ZHONG and annotated fig. 5-ZHONG-CONNECTION, page 5), 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. 5-ZHONG, page 4). Regarding claim 18, Zhong discloses: a battery housing (the vehicle 3000 serves as a housing for the battery system 2000) for accommodating at least one battery cell (cell of 600) [par. 0061], comprising a counterflow temperature control device according to claim 1 (please refer to the rejection of claim 1, above). Regarding claim 20, Zhong discloses: a method for the temperature control of electrical energy storages (cells of 600) in the form of flat, pocket-shaped battery cells (figs. 3-5 and 8), the method comprising: bringing the counterflow temperature control device of claim 1 into configuration with electrical energy storages (cells of 600) (figs. 3-5) so that the at least one of the first flow channels and the at last one of the second flow channels are in abutment with at least a partial region of an outer wall of the electrical energy storages (cells of 600) to be temperature-controlled (seen in figs. 3-4, as it applies to annotated fig. 5-ZHONG, page 4). Regarding claim 21, Zhong discloses: the electrical energy storages (cells of 600) to be temperature-controlled power a motor vehicle (3000) [par. 0061]. Allowable Subject Matter Claims 8 and 10 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. Response to Arguments The objections to claims 4-5, 8 and 10, and the rejection of claims 1-8, 10, 12 and 18 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth in the Office Action of 02/26/2026, are withdrawn in light of the amendments. Further objections to claims 1-6, 8, 10, 18 and 20-21 and rejection of claims 20-21 are presented in this Office Action. Applicant's arguments with respect to newly amendment claim 1 regarding reference Zhong are unpersuasive because Applicant merely provides a conclusory statement indicating that Zhong does not disclose claim 1 as amended because claim 7 was not rejected with Zhong in the Office Action of 02/26/2026 and limitations of original claim 7 were incorporated into newly amended claim 1. Please refer to the rejection, above, for a detail explanation on how Zhong actually reads on amended claim 1. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763 /JENNA M MARONEY/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §102, §112
Jun 23, 2026
Response Filed
Sep 11, 2026
Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
83%
With Interview (+22.8%)
3y 3m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 427 resolved cases by this examiner. Grant probability derived from career allowance rate.

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