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 .
Status of Claims and Other Notes
Claims 1–15 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0304892 A1.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 17 May 2024 and 17 March 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because:
The view numbers of FIGS. 1–9 are not larger than the letters, numbers, and reference characters used in the drawing. The view numbers must be larger than the numbers used for reference characters. See 37 CFR 1.84 (u)(2).
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: THERMAL PROTECTION COMPONENT INCLUDING PIPE JOINED TO JOINT WITH SNAP-IN MEMBER, BATTERY, AND ELECTRIC APPARATUS INCLUDING THE SAME.
The disclosure is objected to because of the following informalities:
Reference character 5 is referred to as a box in paragraph [0091]. Reference character 5 is used to designate a battery module; and reference character 22 is used to designate a box. Reference character 22 should be used to designate a box in paragraph [0091].
Reference character 5 is referred to as a box in paragraph [0092]. Reference character 5 is used to designate a battery module; and reference character 22 is used to designate a box. Reference character 22 should be used to designate a box in paragraph [0092].
Reference character 22 is referred to as a lower box in paragraph [0094]. Reference character 22 is used to designate a box; and reference character 222 is used to designate a lower box. Reference character 222 should be used to designate a lower box in paragraph [0094].
Reference character 21 is referred to as battery cells in paragraph [0098]. Reference character 21 is used to designate a battery unit; and reference character 211 is used to designate a battery cell. Reference character 211 should be used to designate battery cells in paragraph [0098].
Reference character 231 is referred to as a pipe body in paragraph [0112]. Reference character 231 is used to designate a pipe. Reference character 231 should be referred to as a pipe in paragraph [0112]; or reference character 231 should not be used to designate a pipe body in paragraph [0112].
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 1–15 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.
Claim 1 recites the limitation "a pipe provided with a flow channel for a cooling medium to flow in its interior." It is unclear what the term "its" is referring to.
Claim 2 recites the limitation "the other end of each claw" in lines 3–4. There is insufficient antecedent basis for this limitation in the claim.
Claims 3–7 are dependent from claims 1 and 2, and include all the limitations of claims 1 and 2. Therefore, claims 3–7 are also 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 8 and 9 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 8 and 9 are also 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.
Claim 10 recites the limitation "a flexible pipe." The term "flexible" is a relative term which renders the claim indefinite (see flexible, New Oxford American Dictionary). The term "flexible" 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. Therefore, the limitation "a flexible pipe" is indefinite.
Claims 11–13 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 11–13 are also 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.
Claim 14 recites the limitation "the thermal protection component according to claim 1" and includes all the limitations of claim 1. Therefore, claim 14 is also 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.
Claim 15 is directly dependent from claim 14 and includes all the limitations of claim 14. Therefore, claim 15 is also 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.
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.
(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 1–7 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xi et al. (CN 110345802 A, hereinafter Xi).
Regarding claim 1, Xi discloses a thermal protection component (FIG. 5, [0037])for a battery, comprising:
a pipe (2) provided with a flow channel (5) for a cooling medium to flow in its interior (FIG. 6, [0029]); and
a joint (1) provided with a snap-in member (9) on an inner wall thereof (FIG. 7, [0036]),
wherein the snap-in member (9) is provided with a plurality of snap-in ends (FIG. 7, [0036]),
an end of the pipe (2) is inserted into the joint (1, [0036]),
each snap-in end (9) extends to the interior of the pipe (1, FIG. 6), and
part of a pipe wall of the pipe (2) is inserted between the snap-in ends (9) and the inner wall of the joint (1, [0036]).
Regarding claim 2, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the snap-in member (9) comprises a plurality of claws (9) arranged to be spaced apart along a periphery direction of the joint (2, [0030]),
one end of each claw (9) is connected to the inner wall of the joint (2, FIG. 7), and
the other end of each claw (9) protrudes from the inner wall of the joint (2) to form the snap-in end (9, [0036]).
Regarding claim 3, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the joint (2) has a first end and a second end (FIG. 7, [0030]),
a step surface is formed on the inner wall of the joint (2) toward the first end (FIG. 7, [0030]),
the first end of the joint (2) is open (FIG. 7, [0030]),
the end of the pipe (1) is inserted into an interior of the joint (2) from the first end of the joint (2, [0036]), and
an end surface of the end of the pipe (1) abuts against the step surface (FIG. 6, [0036]).
Regarding claim 4, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein one end of each claw (9) is connected to the inner wall of the joint (2) between the step surface and the second end (FIG. 6, [0036]),
the other end of each claw (9) protrudes from the step surface to form the snap-in end (FIG. 7, [0030]), and
the snap-in end (9) corresponds to the inner wall of the joint (2) between the step surface and the first end (FIG. 6, [0036]).
Regarding claim 5, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein a plurality of bumps are spaced on the step surface (FIG. 7, [0030]).
Regarding claim 6, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein one of the bumps is provided on the step surface at a position between each claw (9) and the inner wall of the joint (2, [0036]).
Regarding claim 7, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the joint (2) is provided with at least one connecting portion (10) communicated with the interior of the joint (2) at the second end of the joint (2), or communicated with the interior of the joint (2) at a side wall of the joint (2) between the first end and the second end (FIG. 8, [0030]).
Regarding claim 12, Xi discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (1) and the joint (2) is in an interference fit (FIG. 6, [0036]).
Claims 1–7 and 10–13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirai et al. (JP 2009-264546 A, hereinafter Hirai).
Regarding claim 1, Hirai discloses a thermal protection component (FIG. 3, [0027]) for a battery, comprising:
a pipe (100) provided with a flow channel for a cooling medium to flow in its interior (FIG. 6, [0029]); and
a joint (1) provided with a snap-in member (50) on an inner wall thereof (FIG. 7, [0036]),
wherein the snap-in member (50) is provided with a plurality of snap-in ends (53, [0034]),
an end of the pipe (100) is inserted into the joint (1, [0027]),
each snap-in end (53) extends to the interior of the pipe (100, FIG. 3), and
part of a pipe wall of the pipe (100) is inserted between the snap-in ends (53) and the inner wall of the joint (1, [0029]).
Regarding claim 2, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the snap-in member (50) comprises a plurality of claws (53) arranged to be spaced apart along a periphery direction of the joint (1, [0029]),
one end of each claw (53) is connected to the inner wall of the joint (1, FIG. 1), and
the other end of each claw (53) protrudes from the inner wall of the joint (1) to form the snap-in end (53, [0034]).
Regarding claim 3, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the joint (1) has a first end and a second end (FIG. 1, [0034]),
a step surface (51) is formed on the inner wall of the joint (1) toward the first end (FIG. 1, [0034]),
the first end of the joint (1) is open (FIG. 1, [0034]),
the end of the pipe (100) is inserted into an interior of the joint (1) from the first end of the joint (2, [0036]), and
an end surface of the end of the pipe (100) abuts against the step surface (FIG. 3, [0035]).
Regarding claim 4, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein one end of each claw (53) is connected to the inner wall of the joint (1) between the step surface (51) and the second end (FIG. 3, [0035]),
the other end of each claw (53) protrudes from the step surface (51)to form the snap-in end (53, [0036]), and
the snap-in end (53) corresponds to the inner wall of the joint (1) between the step surface (51) and the first end (FIG. 1, [0034]).
Regarding claim 5, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein a plurality of bumps (52) are spaced on the step surface (51, [0034]).
Regarding claim 6, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein one of the bumps (52) is provided on the step surface (51) at a position between each claw (53) and the inner wall of the joint (1, [0034]).
Regarding claim 7, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the joint (1) is provided with at least one connecting portion (14) communicated with the interior of the joint (1) at the second end of the joint (1), or communicated with the interior of the joint (1) at a side wall of the joint (1) between the first end and the second end (FIG. 1, [0032]).
Regarding claim 10, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (100) is configured as a flexible pipe (FIG. 3, [0028]).
Regarding claim 11, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (100) is made of plastic material (FIG. 3, [0028]).
Regarding claim 12, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (100) and the joint (1) is in an interference fit (FIG. 3, [0029]).
Regarding claim 13, Hirai discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (100) and the joint (1) are laser welded and fixed to each other (see welded, [0032]).
Claims 1 and 8–15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (CN 108390132 A, hereinafter Han).
Regarding claim 1, Han discloses a thermal protection component (100, [0044]) for a battery, comprising:
a pipe (3) provided with a flow channel for a cooling medium to flow in its interior (FIG. 4, [0051]); and
a joint (1) provided with a snap-in member (2) on an inner wall thereof (FIG. 4, [0051]),
wherein the snap-in member (2) is provided with a plurality of snap-in ends (21, [0051]),
an end of the pipe (3) is inserted into the joint (1, [0051]),
each snap-in end (21) extends to the interior of the pipe (3, [0051]), and
part of a pipe wall of the pipe (3) is inserted between the snap-in ends (21) and the inner wall of the joint (1, [0051]).
Regarding claim 8, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (3) is configured as a flat pipe (FIG. 2, [0051]).
Regarding claim 9, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein at least one reinforcing rib (31) is provided in the interior of the pipe (3) and extends along an axial direction of the pipe (3, [0051]),
the interior of the pipe (3) is separated by the reinforcing rib (31) to form at least two flow channels arranged to be spaced apart along a radial direction of the pipe (3, [0051]).
Regarding claim 10, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (3) is configured as a flexible pipe (FIG. 3, [0022]).
Regarding claim 11, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (3) is made of plastic material (FIG. 3, [0044]).
Regarding claim 12, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (3) and the joint (1) is in an interference fit (FIG. 3, [0049]).
Regarding claim 13, Han discloses all the claim limitations as set forth above and further discloses a thermal protection component:
wherein the pipe (100) and the joint (1) are laser welded and fixed to each other (see welding, [0048]).
Regarding claim 14, Han discloses a battery comprising a thermal protection component (100, [0057]); and a battery cell (see battery module, [0057]), with the thermal protection component disposed above the battery cell (see heat sink, [0036]), wherein the thermal protection component (100) is used to adjust a temperature of the battery cell (see battery module, [0057]), wherein the thermal protection component comprises:
a pipe (3) provided with a flow channel for a cooling medium to flow in its interior (FIG. 4, [0051]); and
a joint (1) provided with a snap-in member (2) on an inner wall thereof (FIG. 4, [0051]),
wherein the snap-in member (2) is provided with a plurality of snap-in ends (21, [0051]),
an end of the pipe (3) is inserted into the joint (1, [0051]),
each snap-in end (21) extends to the interior of the pipe (3, [0051]), and
part of a pipe wall of the pipe (3) is inserted between the snap-in ends (21) and the inner wall of the joint (1, [0051]).
Although Han does not explicitly disclose the thermal protection component is to be fused so the cooling medium is sprayed at a fire point when there is an open flame in the battery cell, this limitation is directed to a manner of operating disclosed thermal protection component, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP §§ 2114 and 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states "[e]xpressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim."
Regarding claim 15, Han discloses an electric apparatus (see vehicle, [0036]), comprising a battery for supplying electrical energy (see battery module, [0036]), wherein the battery comprises a thermal protection component (100, [0057]); and a battery cell (see battery module, [0057]), with the thermal protection component disposed above the battery cell (see heat sink, [0036]), wherein the thermal protection component (100) is used to adjust a temperature of the battery cell (see battery module, [0057]), wherein the thermal protection component comprises:
a pipe (3) provided with a flow channel for a cooling medium to flow in its interior (FIG. 4, [0051]); and
a joint (1) provided with a snap-in member (2) on an inner wall thereof (FIG. 4, [0051]),
wherein the snap-in member (2) is provided with a plurality of snap-in ends (21, [0051]),
an end of the pipe (3) is inserted into the joint (1, [0051]),
each snap-in end (21) extends to the interior of the pipe (3, [0051]), and
part of a pipe wall of the pipe (3) is inserted between the snap-in ends (21) and the inner wall of the joint (1, [0051]).
Although Han does not explicitly disclose the thermal protection component is to be fused so the cooling medium is sprayed at a fire point when there is an open flame in the battery cell, this limitation is directed to a manner of operating disclosed thermal protection component, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP §§ 2114 and 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states "[e]xpressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim."
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han (CN 207800852 U) discloses a thermal protection component (100) for a battery, comprising a pipe (3) provided with a flow channel for a cooling medium to flow in its interior (FIGS. 1–4); and a joint (1) provided with a snap-in member (2) on an inner wall thereof (FIGS. 1–4), wherein the snap-in member (2) is provided with a plurality of snap-in ends (21, FIG. 4), an end of the pipe (3) is inserted into the joint (1, FIG. 4), each snap-in end (21) extends to the interior of the pipe (3, FIG. 4), and part of a pipe wall of the pipe (3) is inserted between the snap-in ends (21) and the inner wall of the joint (1, FIG. 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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