DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received on 07/02/2026:
Claims 1, 4-5, 7, and 15 are pending in the current application. Claims 1 and 4 have been amended.
Response to Arguments
Applicant’s arguments, see Remarks Page 4, filed 07/02/2026, with respect to the rejection under 35 U.S.C. 112(b) of claim 4 have been fully considered. The rejection has been withdrawn in light of the amendments to claim 4.
However, upon further review of the claims, a new rejection of claim 4 under 35 U.S.C. 112(b) has been set forth below.
Applicant's arguments filed 07/02/2026 with regards to the rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant’s Remarks (Pages 6-7) state “As shown above, Applicant herein amends claim 1 to recite "wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite side." Applicant respectfully submits that this feature is not taught or disclosed by any of the cited reference, individually or in combination because, Miura's evaporation passages 401 run vertically inside the multi-hole pipe 50 from bottom end 50a to top end 50b. Miura states at [0070] that "the evaporation passage 401 is formed as a through-hole extending from one end 50a to the other end 50b of the multi-hole pipe 50." The evaporation passages do not extend in a transverse direction through the multi-hole pipe from one lateral side to an opposite lateral side.
Additionally, Applicant respectfully submits that Yang has no evaporation element and no microchannel structures. Yang's flow channels are gaps between stacked cartridges Yang states at [0011] that "flow channels 170, 171, 172, and 173 are formed in spaces defined between the upper ends of the cartridges 101, 102, 103 and the lower ends of the neighboring cartridges." Yang further states at [0052] that "the cartridges are arranged such that the side frames are in contact with each other, and therefore, gaps are defined along the upper end frames, the unit cells, and the lower end frames. The gaps constitute flow channels through which a coolant flows." Applicant submits that there is no element in Yang having microchannel structures extending transversely through it from one lateral side to an opposite lateral side. Further, Applicant submits that Eppinger provides only general motivation for direct cooling and teaches nothing about microchannel structures or evaporation elements.
Consequently, at least this element of claim 1 would not have been obvious in view of Miura and Yang and Eppinger. Even in combination, Applicant respectfully submits that the cited references to not teach or suggest that "the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element form the lateral side to an opposite lateral side" as recited by amended claim 1.
For at least the reasons presented herein, claim 1 would not have been obvious in view of Miura and Yang and Eppinger. Accordingly, Applicant respectfully requests that the Office withdraw the § 103 rejection of claim 1.
The Office respectfully disagrees that the combination of Miura, Yang, and Eppinger would not meet the limitations as set forth in amended claim 1.
While Applicant notes that Yang has no evaporation element and no microchannel structures and Eppinger provides only general motivation for direct cooling and teaches nothing about microchannel structures or evaporation elements, this is merely looking at Yang and Eppinger individually rather than at the combination of Miura, Yang, and Eppinger as a whole. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Looking specifically at the evaporation device of Miura:
Miura discloses an evaporation device configured to evaporate the liquid fluid (heat exchanger 40; see entire disclosure and especially P55, 66), the evaporation device including at least one evaporation element positioned in the housing body (at least one multi-hole pipe 50 in Fig. 7; see entire disclosure and especially P68-69), the at least one evaporation element including:
a top end having first openings as outlets (the end of multi-hole pipe 50 having an opening at 50b, facing fluid outlet 44 can be drawn to the claimed top end; as seen at this end, the pipe is open, therefore, these are first openings as outlets; see Fig. 7; see entire disclosure and especially P62, 69),
a bottom end opposite the top end, the bottom end having second openings as inlets (the end of multi-hole pipe 50 having an opening at 50a, facing liquid supply section 42 can be drawn to the claimed bottom end; similar to the top end, this end of the pipe would be open, therefore, these are second openings as inlets; see Fig. 7; see entire disclosure and especially P62, 69),
a lateral side extending from the top end to the bottom end (see the large flat side of the multi-hole pipe 50 that would physically contact the battery cells in Fig. 7),
an opposite lateral side extending from the top end to the bottom end (see the annotated Fig. provided below), and
a plurality of microchannel structures (plurality of evaporation passages 401 in Fig. 7; see entire disclosure and especially P68-69) extending from the first openings at the top end to the second openings at the bottom end (see Fig. 7).
An annotated figure of one of the multi-hole pipes 50 of Miura and its relation to two battery cells is shown below:
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Yang taught battery cells sitting on a cartridge structure at which battery cells sit on. Yang teaches the cartridge structure includes a flow channel formed between two cartridges such that outer surfaces of the batteries that sit on the cartridge structure are fully exposed to the flow channel. Yang teaches this allows coolant in the flow channel to be in direct contact with the outer surface of the battery cells and take away their generated heat.
Eppinger teaches direct cooling has a significantly high efficiency than indirect cooling, therefore, it is preferred.
One of ordinary skill in the art would recognize that the cooling used in Miura is indirect cooling, given the battery cells that generate heat contact the lateral side wall or opposite lateral side wall of the multi-hole pipes 50 and heat is conducted through these walls into the liquid that flows through the channels of the multi-hole pipes 50.
From the teaching of Eppinger, one of ordinary skill in the art would realize that using direct cooling rather than indirect cooling would be an improvement to the cooling of the battery cells of Miura, given direct cooling has a higher efficiency. From the teaching of Yang, one of ordinary skill in the art would recognize that one way to provide direct cooling to battery cells, such as the battery cells in Miura, includes exposing a cooling channel to outer surfaces of adjacent batteries such that a coolant can be in direct contact with the outer surfaces of the batteries and take the heat away.
Therefore, from the teachings of Yang and Eppinger, one of ordinary skill in the art would be motivated to modify Miura such that the lateral side walls or opposite lateral side walls (or sections of the walls corresponding to where the liquid flows in the microchannels) of the multi-hole pipes 50 were removed, therefore, allowing the liquid in the multi-hole pipes 50 to directly contact the battery cells that are adjacent to the lateral side and opposite lateral side.
In view of the combination of Miura with Yang and Eppinger, this provides wherein the microchannels would extend in a transverse direction through the at least one evaporation element from the lateral side to the opposite lateral side, and the plurality of microchannel structures are exposed such that when the lateral side of the at least one evaporation element is assembled to a side of a battery cell, microchannels are formed in the at least one evaporation element that have one side contacting the battery cell directly.
The Examiner notes that claim 1 has a rejection under 35 U.S.C. 112(b) set forth below regarding specifics of the claim language.
Claim Objections
Claims 4 and 5 are objected to because of the following informalities:
Claim 4 states “…the plurality of microchannel structures is on an open surface of the first lateral side and on an open surface of the second lateral side of the least one evaporation element…”.
It is believed the claim should recite something similar to “the plurality of microchannel structures include an open surface of the first lateral side and include an open surface of the second lateral side of the least one evaporation element”, given claim 1, of which claim 4 depends, states the plurality of microchannel structure extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side, and claim 4 later recites that the microchannels are formed via arranging the at least one evaporation element with both open surfaces along sides of two separate battery cells.
Claim 5 states “…such that the microchannels are formed with the at least one evaporation element…”.
It is believed the claim should recite something similar to “…such that the microchannels are formed within the at least one evaporation element…”, given claim 1, of which claim 4 depends, states the plurality of microchannel structure extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “…wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side, the plurality of microchannel structures being exposed such that when the lateral side of the at least one evaporation element is assembled to a side of a battery cell of the plurality of battery cells, microchannels are formed between the lateral side of the at least one evaporation element and the side of the battery cell, wherein the microchannels are defined by the lateral side of the at least one evaporation element, the plurality of microchannel structures, and the side of the battery cell”.
If the microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side, it is unclear how, when the lateral side of the least one evaporation element is assembled to the side of the battery, the microchannels are formed between the lateral side of the least one evaporation element and the side of the battery cells. It is unclear how the microchannels can be defined by the lateral side of the at least one evaporation unit alongside the plurality of microchannel structures and the side of the battery cell, if the plurality of microchannel structures extend from the lateral side to an opposite lateral side and are exposed at the lateral side and the battery cell is connected to the lateral side.
Therefore, the claim is indefinite. Appropriate correction is required.
If the microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side, when the lateral side of the least one evaporation element is assembled to the side of the battery, it is believed the microchannels would be formed between the opposite lateral side and the side of the battery cells because the lateral side would have an exposed/open portion.
The Examiner also notes that claim 4 sets forth the microchannels being formed between a first lateral side and a second lateral side opposite the first lateral side, both having open surfaces. The Examiner also notes that claim 5 sets forth the microchannels are formed with the at least one evaporation element when the plurality of microchannel structures are closed along a first lateral side and a second lateral side.
In order to advance prosecution, the Examiner has applied prior art to claim 1 to the best of their ability in light of the issues above.
Regarding claim 4, the claim recites “…the lateral side is a first lateral side, the at least one evaporation element further includes a second lateral side opposite the first lateral side…”.
However, claim 4 depends from claim 1 which recites “…wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side…”.
It is unclear whether or not the “second lateral side opposite the first lateral side” in claim 4 is meant to be the “an opposite lateral side” already set forth in claim 1, or if it is a different side.
In order to advance prosecution, the “second lateral side opposite the first lateral side” in claim 4 is interpreted to be the “an opposite lateral side” already set forth in claim 1.
Regarding claim 5, the claim recites “…the lateral side is a first lateral side, the at least one evaporation element further includes a second lateral side opposite the first lateral side…”.
However, claim 5 depends from claim 1 which recites “…wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side…”.
It is unclear whether or not the “second lateral side opposite the first lateral side” in claim 5 is meant to be the “an opposite lateral side” already set forth in claim 1, or if it is a different side.
In order to advance prosecution, the “second lateral side opposite the first lateral side” in claim 5 is interpreted to be the “an opposite lateral side” already set forth in claim 1.
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, 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.
Claims 1, 4-5, 7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al (JP2019035572A as given in the 04/15/2022 IDS, using the previously provided machine English translation from Espacenet) in view of Yang (US 20070126396 A1) and Eppinger et al (DE102019215688A1 using the provided machine English translation from Espacenet).
Regarding claim 1, Miura discloses a housing device of a traction battery with fluid-based cooling of a vehicle, wherein the traction battery has a plurality of battery cells (battery pack BP with battery cells BC in Figs. 1-2 and 7; see entire disclosure and especially P16-17), the housing device comprising:
a housing body (the battery pack is placed under the floor of the vehicle or under the trunk, therefore, the walls of the vehicle under the floor or trunk at which the battery pack sits can be drawn to the housing body; see entire disclosure and especially P22) including:
an enclosed interior with a plurality of receiving positions shaped to receive the plurality of battery cells (the battery cells would be received within the enclosed interior of the walls of the vehicle under the floor or trunk at which the battery pack sits and each battery cell has its own receiving position, therefore, there are a plurality of receiving positions for receiving the plurality of battery cells), and
a bottom region configured to receive liquid fluid (the bottom region would be the region of the trunk at which liquid supply section 42 in Figs. 1-2 and 7 sits and receives a working fluid (therefore, the bottom region receives the working fluid as well); see entire disclosure and especially P62); and
an evaporation device configured to evaporate the liquid fluid (heat exchanger 40; see entire disclosure and especially P55, 66), the evaporation device including at least one evaporation element positioned in the housing body (at least one multi-hole pipe 50 in Fig. 7; see entire disclosure and especially P68-69), the at least one evaporation element including:
a top end having first openings as outlets (the end of multi-hole pipe 50 having an opening at 50b, facing fluid outlet 44 can be drawn to the claimed top end; as seen at this end, the pipe is open, therefore, these are first openings as outlets; see Fig. 7; see entire disclosure and especially P62, 69),
a bottom end opposite the top end, the bottom end having second openings as inlets (the end of multi-hole pipe 50 having an opening at 50a, facing liquid supply section 42 can be drawn to the claimed bottom end; similar to the top end, this end of the pipe would be open, therefore, these are second openings as inlets; see Fig. 7; see entire disclosure and especially P62, 69),
a lateral side extending from the top end to the bottom end (see the large flat side of the multi-hole pipe 50 that would physically contact the battery cells in Fig. 7), and
a plurality of microchannel structures (plurality of evaporation passages 401 in Fig. 7; see entire disclosure and especially P68-69) extending from the first openings at the top end to the second openings at the bottom end (see Fig. 7),
wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side (as seen in Fig. 7, the evaporation passages 401 extend from one large flat side of the multi-hole pipe 50 that would contact one battery cell to the other opposite large flat side of the multi-hole pipe 50 that would contact another battery cell; the lateral side can be drawn to the side able to be seen in Miura Fig. 7; the opposite lateral side can be drawn to the side unable to be seen that is opposite to the first lateral side in Miura Fig. 7).
However, Miura does not disclose the plurality of microchannel structures are exposed such that when the lateral side of the at least one evaporation element is assembled to a side of a battery cell of the plurality of battery cells, microchannels are formed between the lateral side of the at least one evaporation element and the side of the battery cell, wherein the microchannels are defined by the lateral side of the at least one evaporation unit, the plurality of microchannel structures, and the side of the battery cell.
In a similar field of endeavor, Yang teaches a flow channel (170 in Figs. 2-3) can be formed between a first cartridge (101 in Figs. 2-3) and a second cartridge (102 in Figs. 2-3) that batteries (unit cells 200/201) sit thereon (P8, 13). Yang teaches the cartridges are constructed in a frame structure in which outer surfaces of the batteries are almost fully exposed (see Figs. 1-2; P13). Yang teaches, as a result, the coolant flowing through the flow channel is brought into direct contact with the outer surfaces of the batteries, and, consequently, the coolant takes heat generated from the batteries, while the coolant flows through the flow channel, and then discharges the heat out of a battery module the batteries are within (P9-10, 13).
Also in a similar field of endeavor, Eppinger teaches to cool energy storage units, either indirect or direct cooling is used (P2). Eppinger teaches direct cooling has a significantly higher efficiency than indirect cooling and is therefore preferred (P2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Yang and Eppinger and modified Miura wherein the plurality of microchannel structures extend in a transverse direction through the at least one evaporation element from the lateral side to an opposite lateral side, wherein the plurality of microchannel structures are exposed such that when the lateral side of the at least one evaporation element is assembled to a side of a battery cell of the plurality of battery cells, microchannels are formed between the lateral side of the at least one evaporation element and the side of the battery cell, wherein the microchannels are defined by the lateral side of the at least one evaporation unit, the plurality of microchannel structures, and the side of the battery cell, given Yang teaches this allows coolant to directly contact batteries while taking their heat and discharging said heat outside of a module and Eppinger teaches direct cooling has a significantly higher efficiency than indirect cooling and is therefore preferred.
Regarding claim 4, modified Miura meets the limitation wherein:
the lateral side is a first lateral side (first lateral side can be drawn to the side able to be seen in Miura Fig. 7),
the at least one evaporation element further includes a second lateral side opposite the first lateral side (second lateral side can be drawn to the side unable to be seen that is opposite to the first lateral side in Miura Fig. 7),
the plurality of microchannel structures are on the open surface of the first lateral side and on an open surface of the second lateral side of the at least one evaporation element (in Yang, the first cartridge and second cartridge have the flow channel between, and between the first cartridge and second cartridge batteries sit; batteries sit within the cell partitions of the frame members of the cartridges, therefore, there would be batteries within the cell partitions of the frame members of the first cartridge and batteries within the cell partitions of the frame members of the second cartridge; if the flow channels are provided between the first cartridge and the second cartridge, and the frame structure of the cartridges is constructed in such a way that the outer surfaces of the batteries are almost fully exposed, then there would be an open surface on each side of the pair of cartridges; see Yang P8-10 and 13; therefore, one of ordinary skill in the art modifying Miura by Yang would provide wherein the plurality of microchannel structures include the open surface of the first lateral side and an open surface of the second lateral side of the at least one evaporation element) and
the microchannels are formed via arranging the at least one evaporation element with both open surfaces of the respective first lateral side and the second lateral side along the side of the battery cell, which is a first battery cell, and the side of a second battery cell of the plurality of battery cells (see Fig. 7 of Yang wherein the multi-walled pipes 50 are to be set between two arrays of battery cells).
Regarding claim 5, modified Miura meets the limitation wherein:
the lateral side is a first lateral side (first lateral side can be drawn to the side able to be seen in Miura Fig. 7),
the evaporation device further includes a second lateral side opposite the first lateral side (second lateral side can be drawn to the side unable to be seen that is opposite to the first lateral side in Miura Fig. 7),
the battery cell is a first battery cell, when assembled to the side of the first battery cell and a side of a second battery cell, the plurality of microchannel structures is closed along the first lateral side and the second lateral side, such that the microchannels are formed with the evaporation element, and the at least one evaporation device is in thermally conductive contact with at least one battery cell of the plurality of battery cells during operation (in Yang, the first cartridge and second cartridge have the flow channel between, and between the first cartridge and second cartridge batteries sit; batteries sit within the cell partitions of the frame members of the cartridges, therefore, there would be batteries within the cell partitions of the frame members of the first cartridge and batteries within the cell partitions of the frame members of the second cartridge; if the flow channels are provided between the first cartridge and the second cartridge, and the frame structure of the cartridges is constructed in such a way that the outer surfaces of the batteries are almost fully exposed, then there would be an open surface on each side of the pair of cartridges; see Yang P8-10 and 13; therefore, one of ordinary skill in the art modifying Miura by Yang would provide wherein the plurality of microchannel structures include the open surface of the first lateral side and an open surface of the second lateral side of the at least one evaporation element; following this, in Figs. 1 and 7 of Miura it is shown that the multi-holed pipe 50 is to be sandwiched between two battery arrays; therefore, when the modified multi-holed pipes 50 are assembled to the side of the first battery cell (cell from an array on one side) and a side of a second battery cell (cell from an array on the other side), the plurality of microchannel structures is closed along the first lateral side and the second lateral side (sandwiched between the two cells), such that the microchannels are formed within the evaporation element, and the at least one evaporation device is in thermally conductive contact with at least one battery cell of the plurality of battery cells during operation; one of ordinary skill in the art would make sure this structure is present, because if not, the liquid fluid would leak from the battery cells and sufficient cooling would not occur).
Regarding claim 7, modified Miura meets the limitation wherein the at least one evaporation element is arranged in a region between at least two receiving positions for the plurality of battery cells (the battery cells would be received within the enclosed interior of the walls of the vehicle under the floor or trunk at which the battery pack sits and each battery cell has its own receiving position, therefore, there are a plurality of receiving positions for receiving the plurality of battery cells; given there are two battery cell arrays seen in Fig. 7, there are at least two receiving positions for the plurality of battery cells in the battery cell array; as seen in Figs. 1 and 7, the multi-holed pipes 5 are arranged between the two battery cell arrays, therefore, the at least one evaporation element is arranged in a region between at least two receiving positions for the plurality of battery cells).
Regarding claim 15, modified Miura meets the limitation wherein the second openings include a through-hole in an inlet region of the evaporation device (there must be a through-hole at the second openings or fluid could not go throughout the microchannel structures, P69).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.G.H./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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