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, and constitutes 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 Accordingly, claim 15 is withdrawn from consideration as being directed to a non-elected invention.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.
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)(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) 14, 16-24, and 26-29, is/are rejected under 35 U.S.C. 102(a2) as being anticipated by (Miyoshi 2021/0265681).
Regarding Claim 14; Miyoshi discloses a method for producing a conditioning element for electrical energy stores (whereas para. 0001 discloses a method for manufacturing a battery device; wherein para.’s 0166-0167 further discloses battery device-1 retains battery cell groups-6 including battery cells-60), the method comprising: providing at least one channel element (a channel element--as constituted by a packaging-30 formed by an extrusion molded article—as set forth by para. 0113, wherein 30 forms a channel element containing a battery cell group-6---as depicted by Fig.’s 21B, 24 or 25 and/or where Fig.’s 1-2 depicts the battery device includes more than one channel element-30); and integrally forming a structure onto the at least one channel element at least in certain regions or portions (as depicted by Fig.’s 21B, 24 or 25—whereas flow path(s) 36 define grooves integrally formed into regions of 30 forming a channel for a temperature adjusting medium including air or liquid—as set forth by para.’s 0109-0110; Note: wherein the flow paths constitute a structure integrally formed on the channel element 30 in at certain regions—as depicted by Fig. 8); and arranging the at least one channel element on a tool for the integral forming of the structure (as constituted by the extrusion molded article forming 30—as set forth by para. 0113, as otherwise depicted by Fig.’s 21A-21B—wherein 30 easily receives a pressing member-750 configured by retaining mechanism-7 before plastic deformation which is then is plastically deformed and crimped using a crimping tool-752, as further set forth by para.’s 0148-0150; Note: the claim does not assert or necessitate the tool in/on the structure—if so intended).
Regarding Claim 16; Miyoshi discloses the method according to claim 14, further comprising: performing the integrally forming by extrusion (as set forth by para. 0113).
Regarding Claim 18; Miyoshi discloses the method according to claim 14, further comprising: displacing the channel element during the integral forming of the structure (as already set forth by para.’s 0113, and 0148-0149; and further set forth by para.’s 0122, and 0129—whereas 30 is disclosed as providing and having the retaining mechanism-7 which defines the plastically deforming metal pressing member-750).
Regarding Claim 19; Miyoshi discloses the method according to claim 14, wherein the structure is at least one of a layer or an additional component (as set forth by para. 0110--whereas the flow path-36 constitutes the structure, wherein a lid on the groove from the outer side of the outer side wall 33 way by way of a plate or the like, a channel through which the temperature-adjusting medium can flow is configured inside of the outer side wall 33, and further wherein the flow path 36 may be configured by a pipe having a heat transfer property).
Regarding Claim 20; Miyoshi discloses the method according to claim 14, wherein the at least one channel element is an extruded profile (as already set forth).
Regarding Claim 21; Miyoshi discloses the method according to claim 14, further comprising: integrally forming the structure onto a plurality of channel elements (as already set forth by Fig.’s 1-2—whereas each battery cell mounting part-3 comprising channel(s) via 30 is welded to the I/F box structure-2—as set forth by para. 0100 or where each channel element is fastened integrally—as set forth by para. 0120).
Regarding Claim 22; Miyoshi discloses the method according to claim 14, further comprising: forming or primary forming of the channel element in certain regions or portions after the structure has been integrally formed (as set forth by para. 0110--whereas the flow path-36 constitutes the structure, wherein a lid on the groove from the outer side of the outer side wall 33 way by way of a plate or the like, a channel through which the temperature-adjusting medium can flow is configured inside of the outer side wall 33, and further wherein the flow path 36 may be configured by a pipe having a heat transfer property).
Regarding Claim 23; Miyoshi discloses a conditioning element (whereas para. 0001 discloses a method for manufacturing a battery device; wherein para.’s 0166-0167 further discloses battery device-1 retains battery cell groups-6 including battery cells-60) comprising: at least one channel element (a channel element--as constituted by a packaging-30 formed by an extrusion molded article—as set forth by para. 0113, wherein 30 forms a channel containing a battery cell group-6---as depicted by Fig.’s 21B, 24 or 25 and/or where Fig.’s 1-2 depicts the battery device includes more than one channel-30) on which a structure is integrally formed (as depicted by Fig.’s 21B, 24 or 25—whereas flow path(s) 36 define grooves integrally formed into regions of 30 and defining structure for a temperature adjusting medium including air or liquid—as set forth by para.’s 0109-0110), wherein the conditioning element has a meandering profile (whereas the battery device-1 includes the channel element 30 including retaining mechanism-7 having a meandering profile, as constituted by 730 defining a coil shape—as depicted by Fig.’s 13-16 or otherwise where the retaining mechanism defines plastically deforming metal 750 includes side than changes direction—as depicted by Fig. 21B).
Regarding Claim 24; Miyoshi discloses the conditioning element according to claim 23, wherein the at least one channel element is composed of a first material (aluminum--as set forth by para. 0108).
Regarding Claim 26; Miyoshi discloses the conditioning element according to claim 23, wherein the structure is an insulation layer (as constituted by the resin—para. 0121 or otherwise whereas 2 is formed by 20 which comprises an aluminum alloy—para. 0102).
Regarding Claim 27; Miyoshi discloses the conditioning element according to claim 23, wherein the structure is a contact element (whereas the flow paths are in fluid contact with a temperature adjusting medium—as set forth by para. 0110).
Regarding Claim 28; Miyoshi discloses the conditioning element according to claim 23, wherein the structure is a cooling channel portion (as already set forth by—whereas 36 forms a flow path for cooling air or cooling liquid for cooling the battery cell—as set forth by para. 0110).
Regarding Claim 29; Miyoshi discloses an electrical energy store comprising the conditioning element according to claim 23 (as already set forth by the battery device comprising battery cell(s)).
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.
Regarding Claim 25; Miyoshi discloses the conditioning element according to claim 24, wherein the structure is composed of a second material (whereas 30 includes a first material defined by the aluminum, and the structure defined by the flow path may include a second material defined by a pipe having a heat transfer property—para. 01110), except, explicitly disclosing the second material is different from the first material. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the material of the pipe as copper since it was known in the art that copper characterizes a high heat transfer property for enhancing heat transfer between battery cells-60 to liquid of the flow path.
Response to Arguments
Applicant's arguments filed 3/30/26 have been fully considered but they are not persuasive.
Regareding Claim 1; the applicant appears to argue that Miyoshi is silent with regard to a tool and an arrangement of the flow path in or on the tool. As an initial matter, the claim does not assert or necessitate the tool in/on the structure—if so intended; and further the claim does not assert or necessitate the tool in/on the certain regions or portions—if so intended. The office otherwise notes that the claim requires integrally forming a structure onto a channel element and the channel element is arranged on a tool; whereas Miyoshi discloses a channel element defined by 30 having flow path(s) which constitute structure integrally formed onto the channel element; and the channel element providing and having a tool defined by a retaining mechanism 7 which may include plastically deforming metal pressing member-750 which is crimped by tool 752.
Applicant’s arguments with respect to claim(s) 23-29 have been considered but are moot; whereas new rejection(s) are herein presented to read on the amended claim language.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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