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 .
Response to Arguments
Applicant’s arguments, see Page 5 of the response, filed 02/18/2026, with respect to the rejection of Claims 11 (due to the “in particular” limitation) and 22 under 35 U.S.C. §112(b), have been fully considered and are persuasive. The indefiniteness due to the “in particular” limitation in Claim 11 and the “an angle (W)” limitation in Claim 22 has been removed; therefore, the rejection of Claims 11 and 22 under 35 U.S.C. §112(b) has been withdrawn.
Applicant's arguments filed 02/18/2026, regarding the rejection of Claims 17 and 20 under 35 U.S.C. §112(b), have been fully considered but they are not persuasive. The applicant argues that Claim 11 does not include the terms “a heat exchanger” and “a fan” as limitations of that claim but rather simply to reference the environment in which the claimed “supporting frame” exists. Similarly, the applicant argues that the term “a heat exchanger” in Claim 17 is not a limitation of Claim 17 but rather refers to the environment in which the claimed fan assembly exists. Therefore, the applicant argues that the limitations of “a heat exchanger” and “a fan” in Claim 17 and “a heat exchanger” in Claim 20 are correct and thus the rejections under 35 U.S.C. §112(b) should be withdrawn. The Office respectfully disagrees. Claim 11 discloses the limitation “the supporting frame is connected to the heat exchanger” (emphasis added) in Lines 8-9. This limitation discloses that the heat exchanger is not just referencing the environment of the supporting frame but is actually part of the claimed supporting frame (due to the two being connected), and thus the heat exchanger is a limitation of the claim. Similarly, Claim 11 discloses the limitation “a receiving space for the fan” (emphasis added) in Line 3. This limitation discloses that the fan also is not just referencing the environment of the supporting frame but also is actually part of the claimed supporting frame, and thus the fan also is a limitation of the claim. Since the heat exchanger and the fan are limitations of Claim 11, the recitations of “a heat exchanger” in Claims 17 and 20 and “a fan” in Claim 17 are indefinite. Because of this, the applicant’s arguments are not persuasive, and the rejection of Claims 17 and 20 under 35 U.S.C. §112(b) is maintained.
Claim Objections
Claim 20 is objected to because of the following informalities: The limitation “in particular for an electric vehicle” in Lines 1-2 should be amended to avoid a potential indefiniteness issue under 35 U.S.C. §112(b). 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 17-20 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 17 discloses the limitations "a heat exchanger" and "a fan". However, Claim 17 depends upon Claim 11, and Claim 11 already discloses a heat exchanger and a fan.
Claim 20 discloses the limitation "a heat exchanger". However, Claim 20 depends upon Claim 17, and Claim 17 already discloses a heat exchanger.
Examiner’s Note
It is noted that amendments to the limitations of “a receiving space for the fan” and “the supporting frame is connected to the heat exchanger” in Claim 11 would overcome the rejections to Claims 17 and 20 under 35 U.S.C. §112(b). Specifically, amending “a receiving space for the fan” to “a receiving space configured to receive the fan” and amending “the supporting frame is connected to the heat exchanger” to “the supporting frame configured to be connected to the heat exchanger” would make the fan and heat exchanger simply reference the environment in which the claimed supporting frame exists as the applicant argues and thus would overcome the outstanding rejections under 35 U.S.C. 112(b).
Allowable Subject Matter
Claims 11-16 and 21-24 are allowed, and Claims 17-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. See previous office action for reasons for allowance.
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 MICHAEL L SEHN whose telephone number is (571)270-3564. The examiner can normally be reached M-F 8:30 AM-6 PM, every other Friday off.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at 571-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L SEHN/Primary Examiner, Art Unit 3745