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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Support for the limitation “the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane” is not found in the original disclosure. Published specification, [0044], discloses “the layer of compliant thermal epoxy 54 conforms to the the bottom ends 50 … The layer of compliant thermal epoxy 54 supports each of the bottom ends 50 of the electrochemical cells 32 substantially equally, such that forces exerted against the terminal ends 39 of the electrochemical cells 32 as the bus bar carrier 42 is disposed over the terminal ends 39 and as the bus bars 44 are coupled with the terminals 36 extending from the terminal ends 39 are substantially equal.”
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 20-38 are rejected under 35 U.S.C. 103 as being unpatentable over Sekino et al. (“Sekino”, US 20120308873 A1, disclosed in IDS) in view of Omura et al. (“Omura”, US 20130337310 A1, disclosed in IDS).
Regarding claim 20, Sekino teaches a method of manufacturing a battery module (Sekino, Title), comprising:
aligning terminal ends of a first, a second, and a third electrochemical cell such that all the terminal ends are disposed in a single plane (Sekino, Figs. 1-3 and 6-19, [0061], [0068], e.g., in the upper case 18, at the bottom of each of the engagement grooves 54, the rectangular penetrating openings 56a, 56b respectively corresponding to the positive electrode terminal 32a and the negative electrode terminal 32b of the battery cell 12 are formed; in case that the sizes of the battery cells are different, it becomes possible to align the heights of the upper surfaces to which the terminals of the battery cells are fitted);
adhering the first, the second, and the third electrochemical cells to one another (Sekino, Abstract, [0067], Figs. 3, 8, 11-13 and 17-19, e.g., adhesive agent which adheres to the battery cells; as shown in FIG. 13, the adhesive agent 100 may be applied to the battery cell 12 (applied to at not less than three places));
disposing a layer of compliant thermal epoxy on a bottom wall of a housing of the battery module (Sekino, Figs. 1-3, 8, 11-14 and 17-19, [0033], [0050], [0087]-[0089], [0092], e.g., the case 10 have three divided members; they are a rectangular frame shaped center case 14 whose top and bottom portions are opened, a lower case 16 which is formed of a rectangular plate shape and composes a bottom wall, and an upper case 18 which is formed of a rectangular plate shape and composes a ceiling wall; adhesive agents obtained by mixing adhesive agents which are curable using organic polymer having hydrolyzable silicon-containing group and epoxy adhesives can increase adhesive strengths while maintaining rubber elasticity and weatherability; adhesive agent 100 (which is being interpreted as compliant thermal epoxy); the battery cell 12 is bonded to the lower case via the adhesive agent; it is possible to flexibly respond to the differences in the heights of the terminal surfaces and the lower end surfaces of the battery cells 12; since the adhesive agent has a larger coefficient of thermal conductivity compared with that of air, the battery cells are structurally joined with the adhesive agent to thereby induce the heat transfer between the battery cells, and the effect that the temperatures in the housing are made uniform can be obtained);
placing the first, the second, and the third electrochemical cells into the housing (Sekino, Figs. 1-3 and 6-19, [0032], e.g., a secondary battery apparatus is provided with a case (housing) 10 with an approximately rectangular box shape, and a plurality of, ten, for example, battery cells (secondary batteries) 12 housed in the case, and is thereby composed as an assembled battery); and
the compliant thermal epoxy which is expected to be capable of transferring a thermal energy from at least one of the electrochemical cells to the housing (the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)) (Sekino, Figs. 1-3 and 6-19, [0033], [0041], [0050], [0087]-[0089], [0092], e.g., the case 10 have three divided members; they are a rectangular frame shaped center case 14 whose top and bottom portions are opened, a lower case 16 which is formed of a rectangular plate shape and composes a bottom wall, and an upper case 18 which is formed of a rectangular plate shape and composes a ceiling wall; each of the battery cells 12 is housed in a housing chamber of the case 10 for each cell unit C The lower end portion of each of the battery cells 12 is fitted in the engagement groove 38 of the lower case 16, and is fixed to the lower case 16 with adhesive agent 100; adhesive agents obtained by mixing adhesive agents which are curable using organic polymer having hydrolyzable silicon-containing group and epoxy adhesives can increase adhesive strengths while maintaining rubber elasticity and weatherability; adhesive agent 100 (which is being interpreted as compliant thermal epoxy and is expected to be capable of transferring a thermal energy from at least one of the electrochemical cells to the housing (the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)); the battery cell 12 is bonded to the upper case via the adhesive agent applied to the circumference surfaces thereof and is bonded to the lower case via the adhesive agent applied to the lower end surface and the circumference surfaces thereof; it is possible to flexibly respond to the differences in the heights of the terminal surfaces and the lower end surfaces of the battery cells 12; since the adhesive agent has a larger coefficient of thermal conductivity compared with that of air, the battery cells are structurally joined with the adhesive agent to thereby induce the heat transfer between the battery cells, and the effect that the temperatures in the housing are made uniform can be obtained).
Sekino does not teach disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane.
However, in the same field of endeavor, Omura teaches a method of manufacturing a battery module comprising disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy is expected capable of conforming between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112) (Omura, Title, Abstract, Figs. 1-2 and 6A-6B, [0044]-[0049], [0059], [0060], [0070], e.g., an intervening layer 80 arranged between the cell stack 20 and the heat dissipating member 70, and configured to allow heat to propagate from the cell stack 20 to the heat dissipating member 70, and to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin, for example; the intervening layer 80 may be configured to function as an elastic layer (which is being interpreted as that the layer of compliant thermal epoxy is expected capable of conforming between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane; (the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)) after curing; by introducing the intervening layer 80 between the cell stack 20 and the heat dissipating member 70, such an arrangement suppresses a relative displacement between the cell stack 20 and the heat dissipating member 70; the terminal formation faces 33a of the cells 30 are all positioned on approximately the same single plane (which is being interpreted as terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane); the phrase "the faces are positioned on approximately the same single plane" include a case in which the faces deviate from the same plane, in addition to a case in which the faces are perfectly positioned on the same plane; there is a difference in the position of the bottom face 31a between at least a part of the cells 30 and the other cells 30; a portion of each cell 30 of the cell stack 20 is embedded in the intervening layer 80; that is to say, the irregularities that occur due to the differences in the length from the terminal formation face 33a of each cell 30 to the bottom face 31a are absorbed by the intervening layer 80; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80 (which is being interpreted as disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane as shown in Figs. 1-2); a portion of each cell 30 is embedded in the intervening layer 80; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 in order to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70 (which is being interpreted as disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane as shown in Figs. 1-2)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the method comprising disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]).
Regarding claim 21, Sekino teaches wherein adhering the first, the second, and the third electrochemical cells to one another comprises disposing a first double sided adhesive on a first face of the first electrochemical cell, disposing a second double sided adhesive on a second face of the first electrochemical cell opposite to the first face, and adhering the second electrochemical cell to the first double sided adhesive and the third electrochemical cell to the second double sided adhesive (Sekino, Abstract, [0047], [0067], Figs. 3, 8, 11-13 and 17-19, e.g., adhesive agent which adheres to the battery cells; as the adhesive agent, adhesive agents which are curable using organic polymer having hydrolyzable silicon-containing group (hydrolyzable silyl group, as a representative example), acrylic resin adhesives, and polyurethane resin adhesives are excellent in weatherability; as shown in FIG. 13, the adhesive agent 100 may be applied to the battery cell 12 (applied to at not less than three places); (adhesive agent 100 used in places as shown in Fig. 10-13 may be interpreted as double sided adhesive)).
Adhesive agent 100 of the same or different material used between battery cells or between bottom wall of the housing or the battery module is known in Sekino and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art. (see MPEP §§ 2143 and 2143.02).
Regarding claim 22, Sekino in view of Omura teaches the method of claim 20 above. Sekino does not explicitly teaches electrically coupling the first electrochemical cell with the second electrochemical cell via a bus bar that spans between a first terminal extending from the terminal end of the first electrochemical cell and a second terminal extending from the terminal end of the second electrochemical cell.
However, in the same field of endeavor, Omura teach electrically coupling the first electrochemical cell with the second electrochemical cell via a bus bar that spans between a first terminal extending from the terminal end of the first electrochemical cell and a second terminal extending from the terminal end of the second electrochemical cell (Omura, Title, Figs. 1-2, [0031], e.g., each pair of adjacent cells 30 are arranged such that the negative electrode terminal 60 of one cell 30 is connected to the positive electrode terminal 50 of the other cell 30 by means of the bus bar 40, thereby connecting the four cells 30 in series.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to electrically coupling the first electrochemical cell with the second electrochemical cell via a bus bar that spans between a first terminal extending from the terminal end of the first electrochemical cell and a second terminal extending from the terminal end of the second electrochemical cell, for the purpose of connecting cells in series (Omura, [0031]) and/or conducting and distributing electrical power.
Regarding claim 23, Sekino teaches disposing the bus bar on a bus bar carrier and disposing the bus bar carrier over the terminal ends of the first, the second, and the third electrochemical cells (Sekino, Figs. 1-2, [0066], e.g., the positive electrode terminal 32a and the negative electrode terminal 32b of the battery cell 12 are penetrated through the penetrating openings 56a, 56b, and protrude outside the upper surface of the upper case 18, respectively; and the cell units of each row are connected by a bus bar (not shown) to thereby form an assembled battery).
Regarding claim 24, Sekino teaches extending at least one of the bus bar and the first and the second terminals through one or more openings of the bus bar carrier to facilitate coupling of the bus bar with the first and the second terminals (Sekino, Figs. 1-2, [0066], e.g., the positive electrode terminal 32a and the negative electrode terminal 32b of the battery cell 12 are penetrated through the penetrating openings 56a, 56b, and protrude outside the upper surface of the upper case 18, respectively; and the cell units of each row are connected by a bus bar (not shown) to thereby form an assembled battery).
Regarding claim 25, Sekino in view of Omura teaches the method of claims 20 and 22 including their recited structure of the battery as disclosed above. Therefore, the method and its battery structure as taught by Sekino in view of Omura is expected to be capable of facilitating the electrical coupling between the bus bar and at least one of the first terminal and the second terminal through the disposing of the first, the second, and the third electrochemical cells onto the thermal epoxy layer, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112).
Regarding claim 26, Sekino in view of Omura teaches the method of claim 20 above. Sekino does not explicitly teaches wherein the disposing of the base ends of the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the terminal ends of the first, the second and the third electrochemical cells remaining in the single plane.
However, in the same field of endeavor, Omura teach wherein the disposing of the base ends of the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the terminal ends of the first, the second and the third electrochemical cells remaining in the single plane (Omura, Title, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the disposing of the base ends of the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the terminal ends of the first, the second and the third electrochemical cells remaining in the single plane, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]).
Regarding claim 27, Sekino in view of Omura teaches the method of claim 20 above. Sekino does not explicitly teaches conforming the thermal epoxy layer to the base ends of the first, the second, and the third electrochemical cells, wherein the base ends are disposed in a plurality of planes.
However, in the same field of endeavor, Omura teach conforming the thermal epoxy layer to the base ends of the first, the second, and the third electrochemical cells, wherein the base ends are disposed in a plurality of planes (Omura, Title, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to conforming the thermal epoxy layer to the base ends of the first, the second, and the third electrochemical cells, wherein the base ends are disposed in a plurality of planes, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]).
Regarding claim 28, Sekino in view of Omura teaches the method of claim 27 above. Sekino does not explicitly teaches wherein the conforming of the thermal epoxy layer to the first electrochemical cell and the second electrochemical cell compensates for a difference between heights of the first electrochemical cell and the second electrochemical cell, with the height of each of the first electrochemical cell and the second electrochemical cell defined by the terminal end and the base end of the respective electrochemical cell.
However, in the same field of endeavor, Omura teach wherein the conforming of the thermal epoxy layer to the first electrochemical cell and the second electrochemical cell compensates for a difference between heights of the first electrochemical cell and the second electrochemical cell, with the height of each of the first electrochemical cell and the second electrochemical cell defined by the terminal end and the base end of the respective electrochemical cell (Omura, Title, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the conforming of the thermal epoxy layer to the first electrochemical cell and the second electrochemical cell compensates for a difference between heights of the first electrochemical cell and the second electrochemical cell, with the height of each of the first electrochemical cell and the second electrochemical cell defined by the terminal end and the base end of the respective electrochemical cell, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]).
Regarding claim 29, Sekino in view of Omura teaches the method of claim 28 above. Sekino does not explicitly teaches wherein the conforming of the thermal epoxy layer provides for at least one of a varying and constant thickness of the thermal epoxy layer pursuant to the difference between the heights.
However, in the same field of endeavor, Omura teach wherein the conforming of the thermal epoxy layer provides for at least one of a varying and constant thickness of the thermal epoxy layer pursuant to the difference between the heights (Omura, Title, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the conforming of the thermal epoxy layer provides for at least one of a varying and constant thickness of the thermal epoxy layer pursuant to the difference between the heights, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]).
Regarding claim 30, Sekino in view of Omura teaches the method of claims 20 and 27-29 including their recited structure of the battery having the thickness as disclosed above. Therefore, the method and its battery structure as taught by Sekino in view of Omura is expected to have wherein the thickness capable of providing for the transferring of the thermal energy, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112).
Regarding claim 31, Sekino in view of Omura teaches the method of claim 20 including their recited structure of the battery having wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer and the thermal epoxy layeron the bottom wall of the housing as disclosed above. Therefore, the method and its battery structure as taught by Sekino in view of Omura is expected to have wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer capable of providing for the transferring of the thermal energy from at least one of the electrochemical cells to the bottom wall of the housing, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112).
Regarding claim 32, Sekino in view of Omura teaches the method of claim 20 above. Sekino does not explicitly teaches wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the transferring of the thermal energy from at least one of the electrochemical cells to a heat sink.
However, in the same field of endeavor, Omura teach wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the transferring of the thermal energy from at least one of the electrochemical cells to a heat sink (Omura, Title, Abstract, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., a plate-shaped heat dissipating member 70 arranged such that it extends along a direction in which the multiple cells 30 are arranged, and such that it is thermally connected to the multiple cells 30; and an intervening layer 80 arranged between the cell stack 20 and the heat dissipating member 70, and configured to allow heat to propagate from the cell stack 20 to the heat dissipating member 70, and to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the transferring of the thermal energy from at least one of the electrochemical cells to a heat sink, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]) and/or providing a cell stack with improved heat dissipation performance (Omura, [0017]).
Regarding claim 33, Sekino in view of Omura teaches the method of claim 32 above. Sekino teaches a housing 10 accommodating the battery cells 12 along with adhesive agent 100; wherein the battery cells 12 along with adhesive agent 100 are disposed on the bottom wall of the housing 10 (Sekino, Figs. 1-3 and 6-19). Sekino does not explicitly teaches wherein the heat sink is at least one of disposed on the bottom wall of the housing and overmolded with respect to the bottom wall of the housing.
However, in the same field of endeavor, Omura teach the electrochemical cells disposed onto the thermal epoxy layer which disposed onto a heat sink (Omura, Title, Abstract, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., a plate-shaped heat dissipating member 70 arranged such that it extends along a direction in which the multiple cells 30 are arranged, and such that it is thermally connected to the multiple cells 30; and an intervening layer 80 arranged between the cell stack 20 and the heat dissipating member 70, and configured to allow heat to propagate from the cell stack 20 to the heat dissipating member 70, and to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to having wherein the heat sink is at least one of disposed on the bottom wall of the housing, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]) and/or providing a cell stack with improved heat dissipation performance (Omura, [0017]).
Regarding claim 34, Sekino in view of Omura teaches the method of claims 20 and 32 including their recited structure of the battery having wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer and the thermal epoxy layer on the bottom wall of the housing as disclosed above. Therefore, the method and its battery structure as taught by Sekino in view of Omura is expected to have wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer capable of providing for the transferring of the thermal energy from at least one of the electrochemical cells to the bottom wall of the housing, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112).
Sekino in view of Omura teaches the method of claim 32 as disclosed above, which is claiming “wherein the disposing the first, the second, and the third electrochemical cells onto the thermal epoxy layer provides for the transferring of the thermal energy from at least one of the electrochemical cells to a heat sink.”
Regarding claim 35, Sekino in view of Omura teaches the method of claim 32 above. Sekino does not explicitly teaches wherein the disposing of the thermal epoxy layer between at least one of the electrochemical cells and the heat sink.
However, in the same field of endeavor, Omura teach wherein the disposing of the thermal epoxy layer between at least one of the electrochemical cells and the heat sink (Omura, Title, Abstract, Figs. 1-2 and 6A-6B, [0044], [0059], [0070], e.g., a plate-shaped heat dissipating member 70 arranged such that it extends along a direction in which the multiple cells 30 are arranged, and such that it is thermally connected to the multiple cells 30; and an intervening layer 80 arranged between the cell stack 20 and the heat dissipating member 70, and configured to allow heat to propagate from the cell stack 20 to the heat dissipating member 70, and to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the disposing of the thermal epoxy layer between at least one of the electrochemical cells and the heat sink, for the purpose of reducing or preventing a risk of collision/propagation of the vibration (Omura, [0017], [0044]) and/or providing a cell stack with improved heat dissipation performance (Omura, [0017]).
Regarding claim 36, Sekino teaches wherein the electrochemical cell is a lithium-ion cell (Sekino, [0034], e.g., each of the battery cells 12 is a nonaqueous electrolyte secondary battery such as a lithium-ion battery).
Regarding claim 37, Sekino in view of Omura teaches disposing a layer of compliant thermal epoxy on a bottom wall of a housing of the battery module; and disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy equalizes forces exerted by, and against, the first, the second, and the third electrochemical cells to align the terminal ends of the first, the second, and the third electrochemical cells in the single plane as disclosed in claim 20 above.
Sekino in view of Omura does not teach wherein a volume of the layer of compliant thermal epoxy ranges from five to fifteen cubic centimeters, seven to thirteen cubic centimeters, or eight to twelve cubic centimeters.
However, it is obvious to scale the size of the battery cell and/or the number of battery cells and this value changes based on the size of the battery cell and/or the number of battery cells therefore the claimed range is obvious (see MPEP 2144.04 IV and V).
A layer of compliant thermal epoxy having relative dimensions would not perform differently than the layer of compliant thermal epoxy taught by Sekino in view of Omura, the claimed layer of compliant thermal epoxy is not patentably distinct from the prior art device (see MPEP 2144.04 IV).
Change in shape or size of the layer of compliant thermal epoxy, without any new or unexpected results, is an obvious engineering design (see MPEP 2144.04 IV).
Adjusting the number of battery cells to meet the desire amount of output energy is obvious to one of ordinary skill in the art (see MPEP 2144.04 V).
Regarding claim 38, Sekino in view of Omura teaches disposing a layer of compliant thermal epoxy on a bottom wall of a housing of the battery module; and disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy equalizes forces exerted by, and against, the first, the second, and the third electrochemical cells to align the terminal ends of the first, the second, and the third electrochemical cells in the single plane as disclosed in claim 20 above.
Sekino in view of Omura does not teach wherein for each of the first, the second, and the third electrochemical cells, a cell-specific volume of the layer of compliant thermal epoxy ranges from 0.83 to 2.5 cubic centimeters, 1.17 to 2.17 cubic centimeters, or 1.33 to 2 cubic centimeters.
However, it is obvious to scale the size of the battery cell and this value changes based on the size of the battery cell therefore the claimed range is obvious (see MPEP 2144.04 IV and V).
A layer of compliant thermal epoxy having relative dimensions would not perform differently than the layer of compliant thermal epoxy taught by Sekino in view of Omura, the claimed layer of compliant thermal epoxy is not patentably distinct from the prior art device (see MPEP 2144.04 IV).
Change in shape or size of the layer of compliant thermal epoxy, without any new or unexpected results, is an obvious engineering design (see MPEP 2144.04 IV).
Adjusting the size of battery cells to meet the desire amount of output energy is obvious to one of ordinary skill in the art (see MPEP 2144.04 V).
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Applicant argues that “Sekino describes adhesive agent (Sekino, 100) formed by mixing an adhesive curable through an organic polymer having a hydrolyzable silicon-containing group with an epoxy adhesive. However, the Examiner applies the inherency doctrine to assert the adhesive agent (Sekino, 100) ‘... is interpreted as complaint thermal epoxy and is expected to be capable of transferring a thermal energy from at least one of the electrochemical cells to the housing....’ The Examiner then asserts that the burden has shifted to Applicant under MPEP 2112 V. However, the Examiner has merely made an assertion and has failed to provide a rationale or evidence that the assertion the adhesive agent (Sekino, 100) inherently has the properties of a complaint thermal epoxy flows from the teachings of Sekino. MPEP 2112 IV. The purpose of the adhesive agent (Sekino, 100) is directed toward achieving desirable adhesion characteristics, cuing performance, and bonding properties. However, Sekino is silent regarding battery thermal management, electrochemical cells, housings, or the transfer of thermal energy between such components. Specifically, the fact that the adhesive agent (Sekino, 100) contains an epoxy adhesive, or any of its components as disclosed in Sekino, does not establish that the resulting composition is a thermal epoxy. As is known in the art, thermal epoxies have design features added to an epoxy to provide a heat-conduction path between heat-generating and heat-dissipating structures. Sekino neither teaches nor suggests the addition of design features are added to adhesive agent (Sekino, 100) to provide a heat-conduction path between beat-generating and heat-dissipating structures, a thermal epoxy. Additionally, Sekino does not demonstrate that the disclosed adhesive is compliant in the sense required under the claims. In the context of' battery assemblies, a compliant thermal epoxy must not merely bond components together. Rather, it must remain sufficiently deformable to accommodate manufacturing tolerances and dimensional variations. Sekino contains no disclosure of c elastic modulus or compressibility, strain accommodation, thermal expansion compensation, or other indicia of compliance relevant to battery thermal management applications. With that, the Examiner's apparent inherency position is unsupported Under: 'PEP 2112 IV, inherency requires that the missing characteristic necessarily and inevitably result from the prior-art disclosure. Sekino discloses a class of' adhesive agent (Sekino, 100). Nothing in Sekino establishes that any adhesive agent (Sekino, 1 00) falling within its disclosure necessarily exhibits both sufficient thermal conductivity and sufficient compliance to provide for a compliant thermal epoxy transferring a thermal energy from at least one of the electrochemical cells to the housing. An adhesive may possess excellent adhesion properties while exhibiting poor conductivity. Likewise, an adhesive may contain an epoxy component while being too rigid, too brittle, or too thermally insulating to function as a compliant thermal interface. Accordingly, the claimed limiitation cannot be assumed to be inherently present. Additionally, Sekino does not suggest to those of ordinary skill in the art to modify any of the references to apply the adhesive agent (Sekino, 100), or any adhesive or epoxy, to provide for a compliant thermal epoxy transferring a thermal energy from at least one of the electrochemical cells to the housing. The Examiner acknowledges the highlighted limitation is not taught by Sekino and applies Omura for such. Omura fails to cure the deficiencies. Omura may disclose an intervening layer (Omura, 80) between a cell stack (Omura, 30) and a heat dissipating member (Omura, 70) for thermal transfer and suppression of relative displacement. ‘Relative displacement’ is an understood term in the art to define the changing of position of one object relative to another object. Omura discloses and suggests the intervening layer (Omura, 80) is applied merely to reduce movement of the cell stack(s) (Omura, 30) relative to the heat dissipating member (Omura, 70). Omura does not teach or suggest the intervening layer (Omura, 80) acts to equalize forces as claimed in amended claim 20. … Suppressing displacement between a cell stack and a heat dissipating member is NOT analogous to equalizing forces exerted by, and against, each of the terminal ends of individual electrochemical cells and a busbar. Further, suppression of displacement does not imply or suggest the intervening layer (Omura, 80) has the properties to equalize forces as claimed in Applicant's application. The Examiner applies the inherency doctrine to assert the intervening layer (Omura, 80), ‘... may be configured to function as an elastic layer which [the Examiner interprets] as that the layer of compliant thermal epoxy is expected capable of equalizing forces exerted by, and against, the first, the second, and the third electrochemical cells to align the terminal ends of the first, the second, and the third electrochemical cells in the single plane....’ The Examiner then asserts the burden has shifted to Applicant under MPEP 2112 V. Inherency requires that the allegedly missing limitation be necessarily present in the prior art, or the natural result of the prior-art disclosure. However, the Examiner has merely made an assertion and has failed to provide a rationale or evidence that the assertion of the intervening layer (Omura, 80) inherently has the properties of equalizing forces flowing from the teachings of Omura. MPEP 2112 IV. The Examiner identifies only that intervening layer (Omura, 80) may be configured to function as an elastic layer after curing. Suchi disclosure, at most, establishes that intervening layer (Omura, 80) may have elastic properties. It does not establish that intervening layer (Omura, 80) necessarily conforms between base ends of multiple electrochemical cells to equalize forces exerted by, and against, terminal ends of those cells and a busbar when the terminal ends are aligned in a single plane. Elasticity alone does not necessarily produce the claimed force equalization. Additionally, Omura relates to an interface between a cell stack and a heat-dissipating member., not to the claimed relationship between a bottom-side compliant thermal epoxy layer and an opposite-end busbar interface. Accordingly, the assertion that intervening layer (Omura, 80) is "expected capable" of' performing the claimed function is insufficient. to satisfy the Examiner's burden under MPEP 2112. Additionally, Omura does not suggest to those of ordinary skill in the art to modify any of the references to apply the intervening layer (Omura, 80) to provide for equalization of forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane.” (Remarks, Pages 7-10).
Applicant’s argument is not persuasive.
Sekino teaches the compliant thermal epoxy which is expected to be capable of transferring a thermal energy from at least one of the electrochemical cells to the housing (the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)) (Sekino, Figs. 1-3 and 6-19, [0033], [0041], [0050], [0087]-[0089], [0092], e.g., the case 10 have three divided members; they are a rectangular frame shaped center case 14 whose top and bottom portions are opened, a lower case 16 which is formed of a rectangular plate shape and composes a bottom wall, and an upper case 18 which is formed of a rectangular plate shape and composes a ceiling wall; each of the battery cells 12 is housed in a housing chamber of the case 10 for each cell unit C The lower end portion of each of the battery cells 12 is fitted in the engagement groove 38 of the lower case 16, and is fixed to the lower case 16 with adhesive agent 100; adhesive agents obtained by mixing adhesive agents which are curable using organic polymer having hydrolyzable silicon-containing group and epoxy adhesives can increase adhesive strengths while maintaining rubber elasticity and weatherability; adhesive agent 100 (which is being interpreted as compliant thermal epoxy and is expected to be capable of transferring a thermal energy from at least one of the electrochemical cells to the housing (the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)); the battery cell 12 is bonded to the upper case via the adhesive agent applied to the circumference surfaces thereof and is bonded to the lower case via the adhesive agent applied to the lower end surface and the circumference surfaces thereof; it is possible to flexibly respond to the differences in the heights of the terminal surfaces and the lower end surfaces of the battery cells 12; since the adhesive agent has a larger coefficient of thermal conductivity compared with that of air, the battery cells are structurally joined with the adhesive agent to thereby induce the heat transfer between the battery cells, and the effect that the temperatures in the housing are made uniform can be obtained).
Compliant thermal epoxy seems to be just a name. Original disclosure does not define what a compliant thermal epoxy is, by sides it is a layer of epoxy.
Applicant has not provided objective evidence to the contrary (see MPEP 2112) that the epoxy adhesive agent of Sekino is not capable of transferring a thermal energy from at least one of the electrochemical cells to the housing.
Omura teaches a method of manufacturing a battery module comprising disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy is expected capable of conforming between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112) (Omura, Title, Abstract, Figs. 1-2 and 6A-6B, [0044]-[0049], [0059], [0060], [0070], e.g., an intervening layer 80 arranged between the cell stack 20 and the heat dissipating member 70, and configured to allow heat to propagate from the cell stack 20 to the heat dissipating member 70, and to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 so as to bond each cell 30 of the cell stack 20 and the heat dissipating member 70; the intervening layer 80 (which is being interpreted as complaint thermal epoxy) is formed of a cold-curing adhesive agent including epoxy resin, for example; the intervening layer 80 may be configured to function as an elastic layer (which is being interpreted as that the layer of compliant thermal epoxy is expected capable of conforming between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP 2112)) after curing; by introducing the intervening layer 80 between the cell stack 20 and the heat dissipating member 70, such an arrangement suppresses a relative displacement between the cell stack 20 and the heat dissipating member 70; the terminal formation faces 33a of the cells 30 are all positioned on approximately the same single plane (which is being interpreted as terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane); the phrase "the faces are positioned on approximately the same single plane" include a case in which the faces deviate from the same plane, in addition to a case in which the faces are perfectly positioned on the same plane; there is a difference in the position of the bottom face 31a between at least a part of the cells 30 and the other cells 30; a portion of each cell 30 of the cell stack 20 is embedded in the intervening layer 80; that is to say, the irregularities that occur due to the differences in the length from the terminal formation face 33a of each cell 30 to the bottom face 31a are absorbed by the intervening layer 80; the bottom face of the cell stack 20, which is the side opposite to the side on which the bus bars 40 are fixedly mounted, i.e., the bottom face 31a of each cell 30, is pressed into contact with the intervening layer 80 (which is being interpreted as disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane as shown in Figs. 1-2); a portion of each cell 30 is embedded in the intervening layer 80; the intervening layer 80 is arranged between the cell stack 20 and the heat dissipating member 70 in order to suppress a relative displacement between the cell stack 20 and the heat dissipating member 70 (which is being interpreted as disposing base ends of the first, the second, and the third electrochemical cells onto the layer of compliant thermal epoxy such that the layer of compliant thermal epoxy conforms between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane as shown in Figs. 1-2)).
Original disclosure defines the compliant thermal epoxy as a layer of epoxy.
Omura teaches the intervening layer 80 may be made of epoxy resin as disclosed above. Applicant has not provided objective evidence to the contrary (see MPEP 2112) that the epoxy intervening layer 80 of Omura is not capable of conforming between the base ends of the first, the second, and the third electrochemical cells to equalize forces exerted by, and against, each of the terminal ends of the first, the second, and the third electrochemical cells and a busbar when the terminal ends of the first, the second, and the third electrochemical cells are aligned in the single plane (see Figs. 1-2 of Omura and description above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIXIA ZHANG whose telephone number is (571)272-5697. The examiner can normally be reached Monday and Tuesday 9-5.
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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723
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