DETAILED ACTION
This action is in response to applicant’s amendment received on 06/05/26. The indication of allowability of claims 6-7 set forth in the Office Action mailed 03/10/2026 is withdrawn in light of further consideration of the prior art. Since this new rejection did not result from a newly added limitation to claims 6-7, this Office Action is being made non-final to afford the applicant the opportunity to respond to the grounds of rejection.
Claims 1 and 3-8 are pending. Claim 2 is cancelled.
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.
Claim 7 is 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 7, in line 10, it is unclear why the claim calls for a second partition plate when there is no first partition plate claimed.
For the purpose of this examination, the claim has been interpreted to mean, in line 10:
--a first partition plate configured…--.
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.
Claim 7 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Arase et al. (US 2024/0410133, herein “Arase”).
Regarding claim 7, Arase discloses:
a work machine (figs. 1-3) configured to actuate a work implement (2) with power from a battery device (31) [par. 0007],
the work machine (100) comprising:
a first region in which the battery device (31) is disposed (see annotated figs. 2-3-ARASE, below and page 4);
a second region in which a battery thermal management system (39) is disposed (see annotated figs. 2-3-ARASE, below and page 4, where valve 35 is also arranged in the second region), the battery thermal management system (39) being configured to manage temperature of the battery device (31) [par. 0046]; and
a vehicle body cover (9) having a polyhedral shape (seen in fig. 1) and surrounding the first region and the second region (see annotated figs. 2-3-ARASE, below and page 4, as it applies to figs. 1-3); and
a first partition plate configured to partition the first region and the second region (see annotated figs. 2-3-ARASE, below and page 4),
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the vehicle body cover (9), including a first surface (9R) in which a first air intake port (VR) is provided to guide air into the first region, and a second surface (9L) in which a second exhaust port (VL) is provided to draw air out from the second region [par. 0062], the first surface (9R) facing in a direction different from a direction in which the second surface (9L) faces when viewed from inside the vehicle body cover (9) (see annotated fig. 2-ARASE, page 3).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Arase.
Regarding claim 6, Arase discloses:
a work machine (figs. 1-3) configured to actuate a work implement (2) with power from a battery device (31) [par. 0007],
the work machine (100) comprising:
a first region in which the battery device (31) is disposed (see annotated figs. 2-3-ARASE, pages 3-4);
a second region in which a battery thermal management system (39) is disposed (see annotated figs. 2-3-ARASE, pages 3-4, where valve 35 is also arranged in the second region), the battery thermal management system (39) being configured to manage temperature of the battery device (31) [par. 0046]; and
a vehicle body cover (9) having a polyhedral shape (seen in fig. 1) and surrounding the first region and the second region (see annotated figs. 2-3-ARASE, pages 3-4, as it applies to figs. 1-3); and
an electric motor (33) configured to be driven with power from the battery device (31) [par. 0043];
a third region in which a hydraulic pump (34) driven by the electric motor (33) is disposed [par. 0044] (see annotated fig. 3-ARASE, page 4); and
the vehicle body cover (9), including a first surface (9R) in which a first air intake port (VR) is provided to guide air into the first region, and a second surface (9L) in which a second exhaust port (VL) is provided to draw air out from the second region [par. 0062], the first surface (9R) facing in a direction different from a direction in which the second surface (9L) faces when viewed from inside the vehicle body cover (9) (see annotated fig. 2-ARASE, page 3).
Arase discloses the partition plate configured to partition the first region and the second region (as seen in annotated figs. 2-3-ARASE, pages 3-4) but not disclose the partition plate configured to partition the first and the third regions. However, Arase teaches that the arrangement of the partition plate [par. 0066] intends to suppress heating of switching valve (35) by heat of battery (31). Following that rationale, it would be obvious to one of skill in the art, before the effective filing date of the claimed invention, to extend the partition plate of paragraph 0066 to also cover at least partially the motor (33) to help suppress heat from the battery (31) to reach the motor (33) or to help suppress heat from the motor (33) to reach the battery (31) for the purpose of prevent overheating of the motor (33) and/or the battery (33). Further, it has been held that re-arranging the position of a component without modifying the operation of the device is an obvious matter of design choice. See MPEP 2144.04 VI (C).
Allowable Subject Matter
Claims 1, 3-5 and 8 are allowed.
Response to Arguments
The objection to the drawings and the rejections of claims 1-8 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth in the OA mailed 03/10/2026 are withdrawn in light of the amendments.
Applicant's arguments filed 06/05/2026 have been fully considered. As explained above, the indication of allowability of claims 6-7 set forth in the Office Action mailed 03/10/2026 is withdrawn in light of further consideration of the prior art. In this case, the overly broad language of the claims allows a broad interpretation of the claims which reference Arase reads on. Please refer to the new grounds of rejection, above.
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
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