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 .
Election/Restrictions
Newly submitted claims 15 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Regarding Claim 15; the amended claim language has excluded constructively elected language including “extrusion” which has already been examined; whereas “primary forming” is deemed as non-elected, even when presented by RCE, as note below at MPEP 819. As such, the new claim construction is broadened to constitute a different inventive method and/or structure thereof.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 15 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
2. The office herein notes related MPEP excerpts which pertain hereto as follows:
821.03 Claims for Different Invention Added After an Office Action [R-3]
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Claims added by amendment following action by the examiner, MPEP § 818.01, § 818.02(a), to an invention other than previously claimed, should be treated as indicated by 37 CFR 1.145.
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37 C.F.R. 1.145 Subsequent presentation of claims for different invention.
If, after an office action on an application, the applicant presents claims directed to an invention distinct from and independent of the invention previously claimed, the applicant will be required to restrict the claims to the invention previously claimed if the amendment is entered, subject to reconsideration and review as provided in §§ 1.143 and 1.144
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The action should include form paragraph 8.04.
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¶ 8.04 Election by Original Presentation
Newly submitted claim [1] directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: [2]
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Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim [3] withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
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> A < complete action on all claims to the elected invention should be given.
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An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such an amendment is nonresponsive. Applicant should be notified by using form paragraph 8.26.
818.01 Election Fixed by Action on Claims
Election becomes fixed when the claims in an application have received an action on their merits by the Office
819 Office Generally Does Not Permit Shift [R-3]
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The general policy of the Office is not to permit the applicant to shift to claiming another invention after an election is once made and action given on the elected subject matter. Note that the applicant cannot, as a matter of right, file a request for continued examination (RCE) to obtain continued examination on the basis of claims that are independent and distinct from the claims previously claimed and examined (i.e., applicant cannot switch inventions by way of an RCE as a matter of right). When claims are presented which the examiner holds are drawn to an invention other than the one elected, he or she should treat the claims as outlined in MPEP § 821.03.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, electrical energy stores must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 14-16, 18-33, 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 15; “displacing the channel element during the integral forming of the structure” is unclear; whereas method steps have not been readily asserted any particular feature by which the channel element is displaced including displaced from the tool, the structure.
Regarding Claim 21; “a plurality of channel elements” is unclear; whereas the term is present without referring back to the atleast one channel element (which only constitutes a BRI of one channel element), and thus it cannot be readily ascertained if deemed to refer thereto or otherwise assert different channel elements. Regarding Claim 22; “certain regions or portions” is unclear; whereas the terms are asserted without referring back to the same in claim 14 or otherwise clearly presenting the features as different or additional. Regarding Claim 27; “the structure is a contact element” is unclear; whereas contact element reads on more than one plausible claim construction including varying mechanical contact and/or electrical contact characteristics etc.
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.
Claim(s) 14, 16-19, 21, and 23-30, is/are rejected under 35 U.S.C. 102(a1) as being anticipated by (Newman 2018/0048039).
Regarding Claim 14; Newman discloses a method for producing a conditioning element for electrical energy stores (a conditioning element--as constituted by a method comprising an injection molding process of a lower housing including vertical sidewalls defining space for battery cells, parallel support and bottom walls, and a cooling channel—as set forth by para. 0008), the method comprising: providing at least one channel element (as depicted by Fig.’s 2-3—whereas the support and bottom walls denoted by 52, and 42 respectively comprise a cooling plate-48 and define atleast one channel element-50/54 thereof—as further set forth by para.’s 0027); and integrally forming a structure onto the at least one channel element at least in certain regions or portions (as already set forth and depicted by Fig. 2—whereas the vertical sidewalls-40 are integral to the cooling plate-48 and seals the channel element-50/54 at sides thereof—as set forth by para. 0032, wherein the para. 0021 discloses the sidewalls forming a boundary around a rectangular battery module); and arranging the at least one channel element on a tool for the integral forming of the structure (as already set forth and constituted by the injection molding process producing the conditioning element, and which constitutes a mold or die tool, wherein a material of the conditioning element thereof integrally forms the lower housing with the cooling plate—as set forth by para.’s 0008, 0014, and 0036).
Regarding Claim 16; Newman discloses the method according to claim 14, further comprising: performing the integrally forming by injection molding (as already set forth).
Regarding Claim 19; Newman discloses the method according to claim 14, wherein the structure is at least one of a layer or an additional component (whereas the structure 36 is a lower housing relative to a cooling plate-48 and the battery cell).
Regarding Claim 21; Newman discloses the method according to claim 14, further comprising: integrally forming the structure onto a plurality of channel elements (as already set forth whereas the integrally formed lower housing-36 in-part defines and seals the channel-50 and the channel sections-54 thereof—as set forth by para.’s 0032-0033).
Regarding Claim 23; Newman discloses a conditioning element (as depicted by Fig.’s 2-4—whereas a conditioning element is constituted by a lower housing-36 including vertical sidewalls-40 defining space for battery cells-34, parallel support and bottom walls 52/42 defining a cooling plate-48, and a cooling channel-50/54—as set forth by para.’s 0008 and 0027) comprising: at least one channel element on which a structure is integrally formed (as set forth by para.’s 0027, and 0034-0036—whereas the lower housing-36 and sidewalls thereof constitutes a structure integrally formed with the cooling plate-48 defining the channel element-50/54), wherein an entirety of the conditioning element has a meandering profile (as depicted by Fig. 4—whereas a spiral 50 and 54 define a spiral pattern expanding the length and width of the conditioning element).
Regarding Claim 24; Newman discloses the conditioning element according to claim 23, wherein the at least one channel element is composed of a first material (plastic—para. 0036).
Regarding Claim 25; Newman discloses the conditioning element according to claim 24, wherein the structure is composed of a second material that is different from the first material (whereas the lower housing-36 may be a different material—para. 0037).
Regarding Claim 26; Newman discloses the conditioning element according to claim 23, wherein the structure is an insulation layer (whereas para. 0037 discloses the structure may be plastic which is an electrically insulating material).
Regarding Claim 27; Newman discloses the conditioning element according to claim 23, wherein the structure is a contact element (whereas the sidewalls thereof contacts the cooling plate and seals cooling channel-50—para. 0032).
Regarding Claim 28; Newman discloses the conditioning element according to claim 23, wherein the structure is a cooling channel portion (whereas the sidewalls thereof in-part defines and seals cooling channel-50—para. 0032).
Regarding Claim 29; Newman discloses the electrical energy store comprising the conditioning element according to claim 23 (as already set forth).
Regarding Claim 30; Newman discloses the method according to claim 14, wherein the structure is integrally formed on an outer surface of the at least one channel element such that the structure surrounds the at least one channel element in at least one section of the at least one channel element (as depicted by Fig.’s 3-4).
Regarding Claim 31; Newman discloses the method according to claim 14, wherein the tool comprises a cavity in which the at least one channel element is partially arranged during the integral forming of the structure (as constituted by the die of the injection molding process).
Regarding Claim 32; Newman discloses the method according to claim 14, wherein the tool comprises a die through which the at least one channel element is guided during the integral forming of the structure (as constituted by the injection molding process the die thereof).
Regarding Claim 33; Newman discloses the conditioning element according to claim 23, wherein the structure surrounds the at least one channel element in at least one section of the at least one channel element (as depicted by Fig.’s 3-4—whereas 36 including each wall 40 thereof atleast in-part surrounds the cooling plate-48 and the cooling channel-50 and/or cooling sections 54 thereof).
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.
Claim(s) 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over (Newman 2018/0048039).
Regarding Claim 18; Newman discloses the method according to claim 14, except, explicitly further comprising: displacing the channel element during the integral forming of the structure. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method by displacing the channel element during integral forming by since it was known in the art that displacement of molten plastic within a mold cavity will improve part quality, and/or mechanical displacement of mold component(s) will otherwise enhance control the molding process.
Claim(s) 20, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Newman 2018/0048039) as applied to claim 14 above, in view of (Burrows 2019/0143836).
Regarding Claim 20; Newman discloses the method according to claim 14, except explicitly wherein the at least one channel element is an extruded profile. However, Burrows suggests at least one channel element is an extruded profile (whereas cooling plate(s) 68a-68c may be manufactured by another process other than extrusion, and extruding channels-80 can reduce manufacturing complexity), and thus it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the additional regions defined by channels may be extruded after the injection molding process since it was known in the art that the cooling channel may form the cooling section 54 into a complex spiral pattern—as set forth by Newman--para. 0035.
Regarding Claim 22; Newman discloses the method according to claim 14, further comprising: forming of the channel element in certain regions or portions (as already set forth), except explicitly disclosing the forming is after the structure has been integrally formed. However, Burrows suggests forming is after the structure has been integrally formed (whereas cooling plate(s) 68a-68c may be manufactured by another process other than extrusion, and extruding channels-80 can reduce manufacturing complexity), and thus it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the additional regions defined by channels may be extruded after the injection molding process since it was known in the art that the cooling channel may form the cooling section 54 into a complex spiral pattern—as set forth by Newman--para. 0035.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY SMITH whose telephone number is (571)272-9094. The examiner can normally be reached M-F 9-5p.
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, Jayprakash Gandhi can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY L SMITH/Primary Examiner, Art Unit 2835
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