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
Applicant’s election without traverse of Group I, claims 12-16 in the reply filed on 7/5/2026 is acknowledged.
Claims 17-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/5/2026.
Claim Rejections - 35 USC § 102
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 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.
Claims 12-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haussmann (EP 2541669).
With respect to claim 12, Haussmann discloses a cooling plate for battery cooling (Title and Figs. 1-3), comprising: a plate body (12), which has two plate elements (Plates 28 and 30) joined together by soldering; at least one cooling channel (14) for the passage of a cooling fluid (Coolant within cooling channel 14); and a stiffening molding (Stiffening molding 36, 27 creates a coolant free cavity 20 for reinforcing the plate), wherein a channel portion between the at least one cooling channel and the stiffening molding is closed in a fluid-tight manner by a closing element (Fig. 2, closing element 32 creates channel portion 20 between cooling channel 14).
It is noted that claim 12 contains a product by process limitation (i.e. joined together by soldering) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 13, Haussmann discloses the cooling plate according to claim 12 as discussed above. Haussmann also discloses wherein the closing element comprises a joint or a press soldering joint (Fig. 2, joint 32).
With respect to claim 14, Haussmann discloses the cooling plate according to claim 12 as discussed above. Haussmann also discloses wherein the stiffening molding comprises a channel-shaped or bead-shaped molding in at least one of the two plate elements (Fig. 2, channel-shape 20).
With respect to claim 16, Haussmann discloses the cooling plate according to claim 12 as discussed above. Haussmann also discloses wherein the at least one cooling channel and the stiffening molding are formed internally at high pressure (Fig. 2, channels 14 and 20 are formed on 12).
It is noted that claim 16 contains a product by process limitation (i.e are formed internally at high pressure) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Haussmann (EP 2541669) in view of O Shaffer II Edward et al. (EP 3324463 A1 hereinafter “Shaffer”).
With respect to claim 15, Haussmann discloses the cooling plate according to claim 12 as discussed above. Haussmann does not disclose wherein the stiffening molding has an opening.
Shaffer teaches stiffening elements with openings (Para 0019 and Fig. 1, openings 24 on stiffening element 20). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the stiffening molding of Haussmann with openings as taught by Shaffer to add vent holes to aid in heat transfer (Para 0015).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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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.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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