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 .
In view of the appeal brief filed on December 1, 2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725
Response to Arguments
Applicant’s arguments, see pages 4-5, filed in the appeal brief submitted on December 1, 2025, with respect to the rejection of claim 33 on the grounds of indefiniteness have been fully considered and are persuasive. The rejection of claim 33 on the grounds of indefiniteness of July 11, 2025 has been withdrawn and a new grounds of rejection is presented below.
Applicant’s arguments, see pages 4-12, filed 12/01/2025, with respect to the rejection(s) of claim(s) 1, 5-6 13-14, 21, 23 and 26-33 under Schieler in view of the other presented references have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of Schieler in combination with a newly found prior art reference, as set forth below.
Regarding the rejection of claims 8, 10 and 22, the applicant argues that Jiang’s system integrates the heat exchanger into the housing itself, which is structurally incompatible with the discrete plate configuration required by the claims and that the proposed combination would require substantial redesign and does not result in the claimed arrangement.
This is found non-persuasive as the claims do not require that the heat exchanger is not integrated into the housing itself but merely require that the heat exchanger plate(s) is/are positioned beneath the bottom plate and/or atop the top plate and is separate component from the top plate. Further, the claims do not necessarily require that the plates be discrete to the extent that they cannot be integrated at all with any surrounding housing materials.
Additionally the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Regarding the rejection of claim 15, the applicant argues that the injection holes of Ahn are not equivalent to the claimed “fill ports”. The applicant further asserts that the injection holes are for adhesive bonding and are not designed for the controlled injection of thermal interface material into voids between structural plates and battery cells and the claimed ports serve a distinct function that is not thought of suggested by Ahn.
This is found non-persuasive as Ahn’s disclosure of thermally conductive adhesive (Paragraph 0061, “and the thermal conductive adhesive 30 may be injected into the module housing 20 through the injection holes to evenly spread onto the upper surface of the bottom plate 21.”) meets the requirements of the instant claim, as a thermally conductive adhesive is a thermal interface material. Additionally, Ahn discloses that their thermal adhesive is injected into voids between structural elements and battery cells (Paragraph 0062, “By using the thermal conductive adhesive 30 in this way, the cell stack 10 and the bottom plate 21 may be bonded and fixed to each other in a simple way.”) as well as between multiple battery cells (Paragraph 0062, “In addition, since the thermal conductive adhesive 30 is filled in the space between the lower edge of all pouch-type secondary batteries 11 of the cell stack 10 and the bottom plate 21 to eliminate the air layer, heat of the secondary batteries 11 may be quickly transferred to the bottom plate 21.”).
As currently claimed, “thermal interface material” includes a thermally conductive adhesive. Schieler discloses a thermal adhesive material which is the first thermal interface material and the second thermal interface material, based on the location of its disposal (Paragraph 0051, “A heat-conductive adhesive 48 is used for this purpose, by means of which the storage modules 12a-c and 14a-c are adhesively bonded to the at least one cover element 22 or 24, respectively,”).
As such, the injection holes of Ahn when applied in the rejection presented below are configured to inject the first thermal interface material or the second thermal interface material as recited in rejected claim.
Drawings
The drawings are objected to because figure 6, which depicts structure where a top plate 66 is located at a bottom side of the battery, has the lead line for top plate 66 drawn to a gap between the top plate 66 and the heat exchanger plate 82 rather than to the top plate 66.
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.
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, 5-6, 8, 10, 12-15, 21-23, and 26-33 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.
Claim 1 is indefinite due to the language “wherein the first side plate includes a first mounting flange that protrudes outward from a body of the first side plate in a direction opposite from the second side plate”. Here, the term “a direction opposite” is not clear based on the language of the claims, interpreted in view of the specification. Paragraph 00055 of the specification recites “Each side plate 64 of the support structure 60 may include a mounting flange 74 that protrudes laterally outward from a body of the side plate 64 in a direction away from the opposite side plate 64”, which requires that the mounting flange protrude from the first side plate in a direction away from the opposite side plate. Here, it is unclear, based on the language of the claim and the specification if “a direction opposite” requires that the mounting flange should extend in a direction away from the second side plate as is discussed in the specification and depicted in figures 3/4, or if it should extend in a direction away from the plate along the primary axis of the second side plate, which would be an up-down axis, thereby extending upwards when the plate extends downwards. Here, based on interpretation of the figures and the specification, this limitation is interpreted to require that “a direction opposite” require extension in a direction away from the second side plate. Accordingly, if this interpretation is correct, a suggested rephrasing would be to incorporate the language used in specification paragraph 00055.
Additionally, Claims 5-6, 8, 10, 12-15, 21-23, and 26-29 are indefinite as a result of their dependence on an indefinite claim.
Claim 30 is indefinite due to the language “wherein the first side plate includes a first mounting flange that protrudes outward from a body of the first side plate in a direction opposite from the second side plate”. Here, the term “a direction opposite” is not clear based on the language of the claims, interpreted in view of the specification. Paragraph 00055 of the specification recites “Each side plate 64 of the support structure 60 may include a mounting flange 74 that protrudes laterally outward from a body of the side plate 64 in a direction away from the opposite side plate 64”, which requires that the mounting flange protrude from the first side plate in a direction away from the opposite side plate. Here, it is unclear, based on the language of the claim and the specification if “a direction opposite” requires that the mounting flange should extend in a direction away from the second side plate as is discussed in the specification and depicted in figures 3/4, or if it should extend in a direction away from the plate along the primary axis of the second side plate, which would be an up-down axis, thereby extending upwards when the plate extends downwards. Here, based on interpretation of the figures and the specification, this limitation is interpreted to require that “a direction opposite” require extension in a direction away from the second side plate. Accordingly, if this interpretation is correct, a suggested rephrasing would be to incorporate the language used in specification paragraph 00055.
Additionally, Claims 31-33 are indefinite as a result of their dependence on an indefinite claim.
Additionally, Claim 33 is indefinite due to the language “wherein the first mounting flange extend over top of an upper portion of the cross-member bracket”. Here, based on inherent antecedent basis as discussed in MPEP section 2173.05(e), and the applicant’s arguments, proper antecedent basis is found to be present for “top of an upper portion of the cross-member bracket” (as the cross-member bracket has only one top). However, this results in the claim being indefinite, as it is not clear whether recitation “top” refers to the entire top of the cross-member bracket or only a section or a portion of said top. As the applicant’s figure 5 demonstrates that the entirety of the top of the cross-member bracket is covered by the first mounting flange, suggested rephrasing to overcome this issue of indefiniteness is “wherein the first mounting flange extends over the top of an upper portion of the cross-member bracket”.
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(s) 1, 6, 13, 14, 21, 23, and 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US PGPUB 20200343609) in view of Gundogan (US 20210384581 A1).
Regarding Claim 1, Schieler is an analogous art to the instant invention, disclosing a traction battery pack (Paragraph 0008, “The high-voltage energy storage device can be designed, for example, as a battery, i.e., as a high-voltage battery (HV battery), so that then the high-voltage energy storage device is referred to, for example, as a traction battery.”) comprising a battery array (Paragraph 0044, “storage modules 12 a-c and 14 a-c are arranged in a receptacle space 16 of a storage box 18 , also referred to as a battery box.”) comprising a support structure which comprises a top plate, here the cover plate 24 depicted in Schieler’s figure 1 (Paragraph 0045, “It is apparent from FIG. 1 that the base cooling structure 20 comprises a first cover element 22 and a second cover element 24,”), and a bottom plate, here the base element 52 of the lower cooling structure 20 depicted in Schieler’s figure 1 (Paragraph 0053, “In the second embodiment comprising the third step S3′, for example, precisely one base element 52 of the base cooling structure 20”), as well as a first side plate and a second side plate, here instances of Schieler’s side walls 38 (Paragraph 0047, “Furthermore, the side wall structure 32 comprises second side walls 40 , which are spaced apart from one another along the third direction and delimit the receptacle space 16 along the third direction. The side walls 38 and 40 are connected to one another.”). Additionally, in regards to the limitation which requires structure where the traction battery pack comprises an enclosure assembly including a mounting structure, where the support structure is completely separate and distinct from any portion of the enclosure assembly, Schieler fails to disclose said enclosure assembly. Accordingly, where Schieler’s structure does not comprise an enclosure assembly, their support structure is therefore completely and separate and distinct from any portion of an enclosure assembly.
Additionally, Schieler discloses structure which comprises a battery cell arranged between the top plate and the bottom plate (Paragraph 0049, “in which the storage modules 12a-c and 14a-c”), further comprising a thermal interface material disposed between the top plate and the battery cell (Paragraph 0051, “A heat-conductive adhesive 48 is used for this purpose, by means of which the storage modules 12a-c and 14a-c are adhesively bonded to the at least one cover element 22 or 24, respectively,”), as well as structure where the battery cell is arranged between the first side plate and second side plate, depicted in Schieler’s figure 4.
Additionally, Schieler discloses a second thermal interface material disposed between the bottom plate and the battery cell (Paragraph 0052, “In the first embodiment comprising the third step S3, for example, the base cooling structure 20 comprises precisely one base element 50 per storage module 12a-c, which is adhesively bonded to precisely one of the storage modules 12a-c by means of the adhesive 48.”).
Here, in regards to the limitation which requires an enclosure assembly including a mounting structure, as well as a first mounting flange that protrudes laterally outward from a body of the first side plate in a direction opposite from the second side plate Schieler fails to disclose said structure. Therefore, we look to Gundogan, which is an analogous art to the instant application, directed towards battery housing for electric vehicle battery (traction battery) art (Abstract, “A battery housing for an electric vehicle”). Here, Gundogan discloses a support structure that includes a top plate 2, a bottom plate 3, a first side plate 5, and a second side plate 5.1, depicted in their figure 7a, where the first side plate includes a mounting flange 6 which protrudes laterally outward from a body of the first side plate 5 in a direction opposite from the second side plate 5.1, where the first mounting flange is at about an equal distance from both the top plate 2 and the bottom plate 3. Additionally, Gundogan discloses structure which comprises a mechanical fastener 8 which fastens the first mounting flange to the second mounting flange 6.1, shown in figures 7a and 7b, as well as to spacing element 7, which is a mounting structure for an enclosure assembly, where the enclosure assembly comprises a plurality of spacing elements which surround and enclose the battery array (Paragraph 0013, “Multiple spacing elements are located between the assembly flanges of the two housing parts. Each spacing element has a spacer which is arranged on the assembly flange carrying the spacing element, on the side facing the assembly flange of the other housing part.”).
Here, Gundogan discloses that their support structure, enclosure assembly, and mounting structure have the benefits of allowing for easy access to internal battery components (Paragraph 0013, “he spacers of the spacing elements are preferably made of a soft material which can be cut with a knife. Thus, such a battery housing can be opened simply by cutting open the adhesive connection. The gap provided by the spacing element moreover allows easy introduction of a cutting tool between the two sides of the assembly flanges which face one another.”), as well as that their battery housing meets the requirements for electromagnetic compatibility, and has sufficient shielding to prevent incoming or outgoing interference (Paragraph 0011, Proceeding from this background, the present disclosure proposes a battery housing for a vehicle driven by electric motor, having a first and a second housing part, housing parts of which can be connected to one another in a manner which meets the EMC requirements, and which nevertheless does not possess the disadvantages exhibited by the prior art. “”, Paragraph 0005, “Such battery housings in addition must meet the requirements for electromagnetic compatibility (EMC). This applies particularly to such battery housings which contain not only battery modules but also components for electrical energy management and voltage supply. Therefore, a shielding must meet the EMC requirements both from inside to outside and also from outside to inside. The latter is required so that add-on units contained in the battery housing cannot be accessed or influenced from outside.”).
Additionally, where both Schieler (Paragraph 0032, “A second aspect of the invention relates to a high-voltage energy storage device for a motor vehicle”) and Gundogan (Abstract, “A battery housing for an electric vehicle”) are directed towards electric vehicle batteries, and where the enclosure assembly can be interpreted based on a broadest reasonable interpretation as an assembly of components which enclose the battery array, the surrounding vehicle body and vehicle body components can also be interpreted as being a part of the enclosure assembly.
Based on these benefits, it would be obvious to one ordinarily skilled in the art to make use of the enclosure assembly, mounting structure, and support structure of Gundogan to contain the battery assembly and thermal interface materials of Schieler in conjunction with the support structure plates of Schieler, thereby reading upon and making obvious the limitations of the instant claim.
Regarding Claim 6, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure which comprises a heat exchanger plate positioned atop the top plate, here the heat exchanger plate 22 depicted in Schieler’s figure 1 (Paragraph 0046, “The respective cover element 22 or 24 is, for example, a plate. In particular, the respective cover element 22 and 24 can be formed from a sheet-metal plate, so that, for example, the cover element 22 is a base sheet-metal plate and the cover element 24 is a cooling sheet-metal plate of the base cooling structure 20.”).
Additionally, Schieler discloses structure which comprises a third thermal interface material which is disposed between the heat exchanger plate and the top plate, here being the cooling ducts 30 as depicted in Schieler’s figure 1 (Paragraph 0046, “The cooling ducts 30 are, for example, fluidically connected to one another, so that the cooling ducts 30 form a continuous overall cooling duct through which coolant fluid can flow.”) which are surrounded by the top plate 24 and the heat exchanger plate 22 (Paragraph 0046, “In particular, the cooling ducts 30 are at least partially, in particular completely, formed and/or delimited by the cover elements 22 and 24, so that, for example, the coolant fluid flowing through the cooling ducts 30 can flow directly against the cover elements 22 and 24 and can thus directly touch and/or contact them.”).
Regarding Claim 13, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure which comprises a bent fold disposed between the bottom plate and a surface of the battery cell (Paragraph 0064, “In particular, one seal element 54 is provided per base element 50 or 52, respectively, to be able to seal off the respective base element 50 or 52 and thus the base cooling structure 20 as a whole particularly advantageously in relation to the side wall structure 32.”), as depicted in Schieler’s figure 5, where the seal 54 folds beneath the bottom surface of the battery. Additionally, as depicted in Schieler’s figure 3, the bend fold seal is located above the bottom plate 52 and below the bottom surface of the batteries. Additionally, Schieler discloses structure which comprises a thermal adhesive between the bent fold and the surface of the battery (Paragraph 0052, “In the first embodiment comprising the third step S3, for example, the base cooling structure 20 comprises precisely one base element 50 per storage module 12a-c, which is adhesively bonded to precisely one of the storage modules 12a-c by means of the adhesive 48.”).
Regarding Claim 14, modified Schieler makes obvious the invention of Claim 13. Additionally, Schieler discloses structure wherein the battery cell includes a fold accommodated within a relief opening of the bottom plate (Paragraph 0064, “In particular, one seal element 54 is provided per base element 50 or 52, respectively, to be able to seal off the respective base element 50 or 52 and thus the base cooling structure 20 as a whole particularly advantageously in relation to the side wall structure 32.”), where the fold is located in a space above the bottom plate as depicted in Schieler’s figure 3.
Regarding Claim 21, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure where the first and second thermal interface materially are applied internally of the top plate and the bottom plate, respectively, as depicted in Schieler’s figure 1, wherein the first thermal interface material is bonded to the top plate 24 (Paragraph 0051, “A heat-conductive adhesive 48 is used for this purpose, by means of which the storage modules 12a-c and 14a-c are adhesively bonded to the at least one cover element 22 or 24, respectively,”), and the second thermal adhesive is bonded to the bottom plate (Paragraph 0052, “In the first embodiment comprising the third step S3, for example, the base cooling structure 20 comprises precisely one base element 50 per storage module 12a-c, which is adhesively bonded to precisely one of the storage modules 12a-c by means of the adhesive 48.”). Therefore, the first and second thermal interface material are therefore applied internally to the top and bottom plates, respectively.
Regarding Claim 23, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure wherein the battery cell is stacked side by side with a plurality of additional battery cells to establish a cell stack of the battery array, as depicted in Schieler’s figure 4, where a plurality of battery cells 12 and 14 (Paragraph 0049, “the storage modules 12a-c and 14a-c “) are stacked in an array, side-by-side, so as to establish a cell stack of the battery array.
Regarding Claims 26 and 27, modified Schieler makes obvious the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires structure wherein the mounting structure is integral with a heat exchanger plate of the battery pack, where the combination of Schieler and Gundogan comprises an enclosure assembly including a mounting structure, which includes the vehicle body and vehicle body components, as well as Gundogan’s spacers 7, which encloses the battery array, Schieler’s figure 1 shows that a heat exchanger plate 20 is located on the bottom face of the structure of Schieler (Paragraph 0063, “the base cooling structure 20”). Accordingly, where the battery pack is mounted within the vehicle body which is the enclosure assembly, this would result in the heat exchanger plate 20 being transitively in contact via the mounting of the battery array within the electric vehicle, and therefore integrally attached to the enclosure assembly.
Additionally, this results in structure where the battery packs of Schieler are located above the heat exchanger plate 20, as shown in Schieler’s figure 1, which is located inside the vehicle body which is the enclosure assembly, thereby resulting in structure where the heat exchanger plate is positioned between the battery array and the enclosure assembly.
Regarding Claim 28, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure wherein the battery array includes a symmetrical configuration in which either the top plate or the bottom plate may establish a base of the battery array, through their disclosure where the top plate 24 and bottom plate 52 are both positioned adjacent to the battery array as depicted in their figure 1, and are therefore both capable of providing support as the base of the battery array.
Regarding Claim 29, modified Schieler makes obvious the invention of Claim 1. Additionally, Gundogan, in making obvious their mounting flanges, further make obvious a second mounting flange that protrudes laterally from a second body of the second side plate in a direction opposite from the first side plate, as depicted in Gundogan’s figure 1, where their mounting flanges 6 encircle the battery array, having said structure on each side of the support structure, thereby resulting in a second mounting flange that protrudes outward from a second body of the second side plate in a direction opposite from the first side plate. Additionally, where the mounting flanges on each side have the same structure spacing as depicted in figure 7a, the second mounting flange is spaced at about an equal distance from both the top plate and the bottom plate. Additionally, Gundogan depicts structure where each side has a mechanical fastener 8, thereby resulting in structure where the second mounting flange is secured to the mounting structure by a second mechanical fastener.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US PGPUB 20200343609) and Gundogan (US 20210384581 A1), in further view of Maryanski (US 20200148065 A1).
Regarding Claim 5, modified Schieler makes obvious the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires that the mounting structure is a cross-member bracket of the traction battery pack, this limitation is interpreted based on the definition of cross-member bracket which requires that such a bracket be a bracket by which a battery is secured to a vehicle body.
The mounting structure of Gundogan fails to meet said limitation, as they are silent in regards to the specific elements through which their battery support structure is fastened to a vehicle body. Therefore, we look to Maryanski, which is an analogous art to the instant application, being directed towards the art of vehicle batteries (Abstract, “A battery tray for a vehicle includes a tub having a base, a first side wall connected to the base, and a second side wall connected to the base and disposed opposite the first side wall.”). Maryanski discloses structure wherein a centermost portion of their battery tray includes a mounting flange 20 which connects to a mounting structure that is a cross-member bracket 14, shown in their figures 1 and 2 (Paragraph 0033, “The battery tray assembly 10 is mounted to a frame 14 of the battery powered vehicle 12.”). Additionally, Maryanski depicts structure in their figure 3 where their mounting flange which connects to the cross-member bracket is located at an upper end of a bottom side of a battery support structure tray. Therefore, where Maryanski discloses the connection of mounting flanges to cross-member brackets to connect the vehicle battery pack to the vehicle housing, it would be obvious to one ordinarily skilled in the art to make use of said vehicle structure, thereby including the vehicle cross-member bracket 14 in the join of the mounting flange and the spacer, thereby resulting in structure wherein the cross-member bracket is a part of the mounting structure, accordingly making obvious structure wherein the mounting structure is a cross-member bracket of the traction battery pack.
Claim(s) 8, 10, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US PGPUB 20200343609) and Gundogan (US 20210384581 A1) as applied to claim 1 above, and in view of Jiang (US PGPUB 20210320349).
Regarding Claim 8, modified Schieler makes obvious the invention of Claim 1. Additionally, where the instant Claim requires structure which comprises a heat exchanger plate positioned between the bottom plate, Schieler fails to disclose structure which comprises such a plate.
Accordingly, we look to Jiang, which is an analogous art to the instant application, disclosing a heat exchange system for a traction battery (Paragraph 0003, “Heat exchange systems of current traction batteries are mostly air heat exchange and water heat exchange systems.”). Here, Jiang discloses structure which includes a heat exchanger plate located beneath the battery assembly of their invention (Paragraph 0032 “The first plate 11 includes a bottom wall 111 and a peripheral wall 112 that is connected to the peripheral edge of the bottom wall 111 and extending upwards, where the bottom wall 111 and the peripheral wall 112 together form an accommodating space 114 that opens upwards along a height direction H.”; Paragraph 0032, “The battery group 2 may be in thermally conductive contact with the bottom wall 111 of the first plate 11 by using a thermally conductive pad, thermally conductive glue, or the like, so that a main flow path F3 can heat or cool the battery group 2.”).
Additionally, Jiang discloses that the heat exchanger plate of their invention is integrated into the overall housing of the structure, having the benefit of reducing weight and manufacturing costs, and further providing cooling benefits while partially distancing cooling elements from the battery cells thereby improving the safety of the battery array (Paragraph 0017, “The box body and the heat exchange flow path are integrated together, thereby reducing an overall weight and manufacturing costs. In addition, the heat exchange flow path is provided externally, thereby effectively avoiding impact of leakage from the heat exchange flow path on components such as batteries inside the battery box, and improving safety of the battery box.”). Accordingly, based on these benefits, it would be obvious to one ordinarily skilled in the art to combine the heat exchanger housing structure of Jiang with the invention of Schieler, thereby enabling structure which comprises a heat exchanger plate positioned beneath the bottom plate.
Additionally, Jiang discloses structure where their heat exchanger plate is connected to the battery assembly by means of a thermal interface material which is disposed above the heat exchanger plate (Paragraph 0032, “The battery group 2 may be in thermally conductive contact with the bottom wall 111 of the first plate 11 by using a thermally conductive pad, thermally conductive glue, or the like, so that a main flow path F3 can heat or cool the battery group 2.”) and below the bottom plate of Schieler in the combined invention.
Regarding Claim 10, modified Schieler makes obvious the invention of Claim 1. Additionally, Schieler discloses structure which comprises a heat exchanger plate positioned atop the top plate, here the heat exchanger plate 22 depicted in Schieler’s figure 1 (Paragraph 0046, “The respective cover element 22 or 24 is, for example, a plate. In particular, the respective cover element 22 and 24 can be formed from a sheet-metal plate, so that, for example, the cover element 22 is a base sheet-metal plate and the cover element 24 is a cooling sheet-metal plate of the base cooling structure 20.”).
Additionally, where the instant Claim requires structure which comprises a heat exchanger plate positioned between the bottom plate, Schieler fails to disclose structure which comprises such a plate. Accordingly, we look to Jiang, which is an analogous art to the instant application, disclosing a heat exchange system for a traction battery (Paragraph 0003, “Heat exchange systems of current traction batteries are mostly air heat exchange and water heat exchange systems.”). Here, Jiang discloses structure which includes a heat exchanger plate located beneath the battery assembly of their invention (Paragraph 0032 “The first plate 11 includes a bottom wall 111 and a peripheral wall 112 that is connected to the peripheral edge of the bottom wall 111 and extending upwards, where the bottom wall 111 and the peripheral wall 112 together form an accommodating space 114 that opens upwards along a height direction H.”; Paragraph 0032, “The battery group 2 may be in thermally conductive contact with the bottom wall 111 of the first plate 11 by using a thermally conductive pad, thermally conductive glue, or the like, so that a main flow path F3 can heat or cool the battery group 2.”). Additionally, Jiang discloses that the heat exchanger plate of their invention is integrated into the overall housing of the structure, having the benefit of reducing weight and manufacturing costs, and further providing cooling benefits while partially distancing cooling elements from the battery cells thereby improving the safety of the battery array (Paragraph 0017, “The box body and the heat exchange flow path are integrated together, thereby reducing an overall weight and manufacturing costs. In addition, the heat exchange flow path is provided externally, thereby effectively avoiding impact of leakage from the heat exchange flow path on components such as batteries inside the battery box, and improving safety of the battery box.”). Accordingly, based on these benefits, it would be obvious to one ordinarily skilled in the art to combine the heat exchanger housing structure of Jiang with the invention of Schieler, thereby enabling structure which comprises a heat exchanger plate positioned beneath the bottom plate.
Additionally, Schieler discloses structure which comprises a third thermal interface material which is disposed between the heat exchanger plate and the top plate, here being the cooling ducts 30 as depicted in Schieler’s figure 1 (Paragraph 0046, “The cooling ducts 30 are, for example, fluidically connected to one another, so that the cooling ducts 30 form a continuous overall cooling duct through which coolant fluid can flow.”) which are surrounded by the top plate 24 and the heat exchanger plate 22 (Paragraph 0046, “In particular, the cooling ducts 30 are at least partially, in particular completely, formed and/or delimited by the cover elements 22 and 24, so that, for example, the coolant fluid flowing through the cooling ducts 30 can flow directly against the cover elements 22 and 24 and can thus directly touch and/or contact them.”).
Additionally, Jiang discloses structure where their heat exchanger plate is connected to the battery assembly by means of a thermal interface material which is disposed above the heat exchanger plate (Paragraph 0032, “The battery group 2 may be in thermally conductive contact with the bottom wall 111 of the first plate 11 by using a thermally conductive pad, thermally conductive glue, or the like, so that a main flow path F3 can heat or cool the battery group 2.”) and below the bottom plate of Schieler in the combined invention.
Regarding Claim 22, modified Schieler makes obvious the invention of Claim 10. Additionally, Schieler discloses structure where the second heat exchanger plate is a separate component from the top plate. Here, as depicted in Schieler’s figure 1, the top plate is plate 24, located above the battery cell block, while the second heat exchanger plate, motivated by the combination of Jiang and Schieler, is located below the battery cell, as discussed above in regards to Claim 10. Accordingly, where the top plate is located above the battery cell block, and the second heat exchanger plate is located below the battery cell block, said components are separate components.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US PGPUB 20200343609) and Gundogan (US 20210384581 A1) as applied to claim 1 above, and further in view of Subramanian (US Patent 9356270 B2) .
Regarding Claim 12, modified Schieler makes obvious the invention of Claim 1. Additionally, regarding the limitation of the instant claim which requires the structure of a second battery array positioned over the top of the top plate of the battery array to establish a multi-tier configuration, Schieler fails to disclose said structure. Therefore, we look towards Subramanian, which is an analogous art, disclosing the structure of a multi-tier traction battery (Column 1 lines 6-7, “The present disclosure relates to a traction battery system for an automotive vehicle.”). Here, Subramanian discloses the structure of a multi-tiered array of battery cells comprising an upper tier (Column 4 lines 8-10, “The battery assembly 100 also includes an upper battery tier 118 having a left cell array 120 and a right cell array 122 connected together.”) and a lower tier (Column 4 lines 26-30, “The battery assembly 100 is correctly assembled when the front end 133 of the lower tier 112 is adjacent to the front end 143 of the upper tier 118 and when the rear end 135 of the lower tier 112 is adjacent to the rear end 145 of the upper tier 118.”). Additionally, Subramanian discloses that the traction battery provides high voltage direct current from stacks of battery cells (Column 2 lines 33-38, “A traction battery or battery pack 24 stores energy that can be used by the electric machines 14. The traction battery 24 typically provides a high voltage direct current (DC) output from one or more battery cell arrays, sometimes referred to as battery cell stacks, within the traction battery 24. The battery cell arrays may include one or more battery cells.”). Accordingly, based on this benefit, it would be obvious to one ordinarily skilled in the art to apply this teaching of Subramanian to the invention of Schieler, making use of a multi-tiered battery array configuration to supply more high voltage direct current output, thereby reading upon and making obvious the limitation of the instant claim which requires structure which comprises a second battery array positioned over the top of the top plate of the battery array to establish a multi-tier configuration. Here, where two assemblies of Schieler are stacked, the assembly on top would be defined as the second battery array which is positioned over the top of the top plate of the bottom battery array.
Additionally, where the structure of a tiered array is present, the invention of Schieler comprises a heat exchanger plate disposed above the top plate of the battery array, and below the location of the bottom plate of the second battery array, where the heat exchanger plate is the heat exchanger plate 22 depicted in Schieler’s figure 1 (Paragraph 0046, “The respective cover element 22 or 24 is, for example, a plate. In particular, the respective cover element 22 and 24 can be formed from a sheet-metal plate, so that, for example, the cover element 22 is a base sheet-metal plate and the cover element 24 is a cooling sheet-metal plate of the base cooling structure 20.”).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US PGPUB 20200343609) and Gundogan (US 20210384581 A1) as in regards to Claim 1 above, in view of Ahn (US 20220093986 A1).
Regarding Claim 15, modified Schieler makes obvious the invention of Claim 1. Additionally, regarding the limitation of the instant Claim that requires that the top plate or bottom plate include a plurality of fill ports, Schieler fails to disclose such structure. Therefore, we look to Ahn, which is an analogous art to the instant application, disclosing the use of a silicone-based thermal adhesive thermal interface material (Paragraph 0063, “The thermal conductive adhesive 30 may employ various organic and/or inorganic resins such as a thermal conductive epoxy adhesive, a thermal conductive silicone adhesive,”).
Here, Ahn discloses that their invention comprises structure where the thermal conductive adhesive is injected into the battery via small injection holes (Paragraph 0061, “In this case, the bottom plate 21 may have small injection holes, and the thermal conductive adhesive 30 may be injected into the module housing 20 through the injection holes”), where said injection holes allow the injection and even spreading of the thermal conductive adhesive (Paragraph 0061, “and the thermal conductive adhesive 30 may be injected into the module housing 20 through the injection holes to evenly spread onto the upper surface of the bottom plate 21.”), as well as facilitating a low complexity bonding process between the cell stack and adjacent plates (Paragraph 0062, “By using the thermal conductive adhesive 30 in this way, the cell stack 10 and the bottom plate 21 may be bonded and fixed to each other in a simple way.”), as well as that the injection process allows for the thermal adhesive to fill spaces, eliminating an air layer or gap, so as to allow for quick heat transfer (Paragraph 0062, “In addition, since the thermal conductive adhesive 30 is filled in the space between the lower edge of all pouch-type secondary batteries 11 of the cell stack 10 and the bottom plate 21 to eliminate the air layer, heat of the secondary batteries 11 may be quickly transferred to the bottom plate 21.”).
Accordingly, based on these teachings of Ahn, it would be obvious for one ordinarily skilled at the art to make use of said small fill hole/injection port structure in the invention of Schieler, so as to achieve structure wherein the top plate or the bottom plate includes a plurality of fill ports, and further wherein each of the plurality of fill ports is configured to inject a first thermal interface material or a second thermal interface material into a void between the top plate and the battery cell or between the bottom plate and the battery cell, thereby reading and making obvious the limitations of the instant Claim.
Claim(s) 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schieler (US 20200343609 A1) and Gundogan (US 20210384581 A1), in further view of Maryanski (US 20200148065 A1).
Regarding Claim 30, Schieler is an analogous art to the instant invention, disclosing a traction battery pack (Paragraph 0008, “The high-voltage energy storage device can be designed, for example, as a battery, i.e., as a high-voltage battery (HV battery), so that then the high-voltage energy storage device is referred to, for example, as a traction battery.”) comprising a battery array (Paragraph 0044, “storage modules 12 a-c and 14 a-c are arranged in a receptacle space 16 of a storage box 18 , also referred to as a battery box.”) comprising a support structure which comprises a top plate, here the cover plate 24 depicted in Schieler’s figure 1 (Paragraph 0045, “It is apparent from FIG. 1 that the base cooling structure 20 comprises a first cover element 22 and a second cover element 24,”), and a bottom plate, here the base element 52 of the lower cooling structure 20 depicted in Schieler’s figure 1 (Paragraph 0053, “In the second embodiment comprising the third step S3′, for example, precisely one base element 52 of the base cooling structure 20”), as well as a first side plate and a second side plate, here instances of Schieler’s side walls 38 (Paragraph 0047, “Furthermore, the side wall structure 32 comprises second side walls 40 , which are spaced apart from one another along the third direction and delimit the receptacle space 16 along the third direction. The side walls 38 and 40 are connected to one another.”). Additionally, in regards to the limitation which requires structure where the traction battery pack comprises an enclosure assembly including a mounting structure, where the support structure is completely separate and distinct from any portion of the enclosure assembly, Schieler fails to disclose said enclosure assembly. Accordingly, where Schieler’s structure does not comprise an enclosure assembly, their support structure is therefore completely and separate and distinct from any portion of an enclosure assembly.
Here, in regards to the limitation which requires an enclosure assembly including a mounting structure, as well as a first mounting flange that protrudes laterally outward from a body of the first side plate in a direction opposite from the second side plate Schieler fails to disclose said structure. Therefore, we look to Gundogan, which is an analogous art to the instant application, directed towards battery housing for electric vehicle battery (traction battery) art (Abstract, “A battery housing for an electric vehicle”). Here, Gundogan discloses a support structure that includes a top plate, a bottom plate, a first side plate, and a second side plate, depicted in their figure 7a, where the first side plate includes a mounting flange 6 which protrudes laterally outward from a body of the first side plate 5 in a direction opposite from the second side plate 5.1, where the first mounting flange is at about an equal distance from both the top plate 2 and the bottom plate 3. Additionally, Gundogan discloses structure which comprises a mechanical fastener 8 which fastens the first mounting flange to the second mounting flange 6.1, shown in figures 7a and 7b, as well as to spacing element 7, which is a mounting structure for an enclosure assembly, where the enclosure assembly comprises a plurality of spacing elements which surround and enclose the battery array (Paragraph 0013, “Multiple spacing elements are located between the assembly flanges of the two housing parts. Each spacing element has a spacer which is arranged on the assembly flange carrying the spacing element, on the side facing the assembly flange of the other housing part.”).
Here, Gundogan discloses that their support structure, enclosure assembly, and mounting structure have the benefits of allowing for easy access to internal battery components (Paragraph 0013, “he spacers of the spacing elements are preferably made of a soft material which can be cut with a knife. Thus, such a battery housing can be opened simply by cutting open the adhesive connection. The gap provided by the spacing element moreover allows easy introduction of a cutting tool between the two sides of the assembly flanges which face one another.”), as well as that their battery housing meets the requirements for electromagnetic compatibility, and has sufficient shielding to prevent incoming or outgoing interference (Paragraph 0011, Proceeding from this background, the present disclosure proposes a battery housing for a vehicle driven by electric motor, having a first and a second housing part, housing parts of which can be connected to one another in a manner which meets the EMC requirements, and which nevertheless does not possess the disadvantages exhibited by the prior art. “”, Paragraph 0005, “Such battery housings in addition must meet the requirements for electromagnetic compatibility (EMC). This applies particularly to such battery housings which contain not only battery modules but also components for electrical energy management and voltage supply. Therefore, a shielding must meet the EMC requirements both from inside to outside and also from outside to inside. The latter is required so that add-on units contained in the battery housing cannot be accessed or influenced from outside.”).
Additionally, where both Schieler (Paragraph 0032, “A second aspect of the invention relates to a high-voltage energy storage device for a motor vehicle”) and Gundogan (Abstract, “A battery housing for an electric vehicle”) are directed towards electric vehicle batteries, and where the enclosure assembly can be interpreted based on a broadest reasonable interpretation as an assembly of components which enclose the battery array, the surrounding vehicle body and vehicle body components can also be interpreted as being a part of the enclosure assembly.
Based on these benefits, it would be obvious to one ordinarily skilled in the art to make use of the enclosure assembly, mounting structure, and support structure of Gundogan to contain the battery assembly and thermal interface materials of Schieler in conjunction with the support structure plates of Schieler.
Additionally, in regards to the limitation of the instant claim which requires a bolt or screw that secures the first mounting flange to the cross member bracket at a location inside the enclosure assembly, as well as wherein the enclosure assembly includes a cross-member bracket, these limitations are interpreted based on the definition of cross-member bracket which requires that such a bracket be a bracket by which a battery is secured to a vehicle body.
The mounting structure of Gundogan fails to meet said limitation, as they are silent in regards to the specific elements through which their battery support structure is fastened to a vehicle body. Therefore, we look to Maryanski, which is an analogous art to the instant application, being directed towards the art of vehicle batteries (Abstract, “A battery tray for a vehicle includes a tub having a base, a first side wall connected to the base, and a second side wall connected to the base and disposed opposite the first side wall.”). Maryanski discloses structure wherein a centermost portion of their battery tray includes a mounting flange 20 which connects to a mounting structure that is a cross-member bracket 14, shown in their figures 1 and 2 (Paragraph 0033, “The battery tray assembly 10 is mounted to a frame 14 of the battery powered vehicle 12.”). Additionally, Maryanski depicts structure in their figure 3 where their mounting flange which connects to the cross-member bracket is located at an upper end of a bottom side of a battery support structure tray. Therefore, where Maryanski discloses the connection of mounting flanges to cross-member brackets to connect the vehicle battery pack to the vehicle housing, it would be obvious to one ordinarily skilled in the art to make use of said vehicle structure, thereby including the vehicle cross-member bracket 14 in the join of the mounting flange and the spacer, thereby resulting in structure wherein the cross-member bracket is a part of the mounting structure, accordingly making obvious structure wherein the mounting structure is a cross-member bracket of the traction battery pack.
Additionally, the screw 8 of Gundogan which secures the mounting flange to the enclosure assembly which includes the spacers 7 and as discussed in view of Maryanski, the cross member bracket, based on the relative perspectives of Gundogan and Maryanski in their figures, the screw 8 of Gundogan is a screw that secures the first mounting flange to the cross-member bracket at a location inside the enclosure assembly.
Regarding Claim 31, modified Schieler makes obvious the invention of Claim 30. Additionally, Schieler further discloses structure where the support structure is arranged to surround and axially constrain the battery cell stack, as shown in Schieler’s figures 1 and 4, where the support structure, comprising first and second side plates 38, and mounting flanges 42, which axially surround the battery cells 12 a-c and 14 a-c, thereby preventing horizontal movement, representing a degree of axial constraint.
Regarding Claim 32, modified Schieler makes obvious the invention of Claim 30. Additionally, as depicted in Gundogan’s figure 7b, the height of the first mounting flange 6 is less than a top height of the first side plate 9, which can be said to be a second height of the first side plate, as the claim does not place any structural limitations on the scope of what height of the first side plate is the second height.
Regarding Claim 33, modified Schieler makes obvious the invention of Claim 30. Additionally, the first mounting flange extends over a top of an upper portion of the cross-member bracket, based on the figure 1 of Maryanski, which depicts their mounting flange 20 extending over a top of an upper portion of the cross member bracket 14. Additionally, as discussed above, where the screw 8 of Gundogan extends through the first mounting flange and the cross member bracket. Based on Maryanski’s depiction of the first mounting flange being positioned above an upper portion of the cross member bracket, the screw would therefore extend through the first mounting flange and then into the upper portion of the cross-member bracket, reading upon the limitation of the instant claim.
Conclusion
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/J.W.E./ Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725