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 .
This is a final office action in response to Applicant's remarks and amendments filed on 04/14/2026. Claims 1, 5, and 10 are currently amended. Claims 3-4 are canceled. Claims 1-2 and 5-13 are pending review in this action. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claims 1 and 10, however the previously cited prior art has been upheld as reading on the amended claims. Updated rejections necessitated by the Applicant’s amendments are detailed below.
Claim Interpretation
Claim 1 recites “the lower housing and the upper housing being insulated from one another in a fluid-tight manner” in line 13. For purposes of examination, the broadest reasonable interpretation of this limitation will be treated to mean that the lower housing and the upper housing are isolated from one another such that a fluid may be in contact with one portion of the housing but not the other portion of the housing.
Claim 10 recites “the lower housing and the upper housing being insulated from one another in a fluid-tight manner” in line 15. For purposes of examination, the broadest reasonable interpretation of this limitation will be treated to mean that the lower housing and the upper housing are isolated from one another such that a fluid may be in contact with one portion of the housing but not the other portion of the housing.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Astecker et al. (US 2020/0153056 A1) (disclosed by Applicant on IDS dated 06/15/2022).
Regarding Claim 1, Astecker discloses a compartment (cooling device, 2) for an item of equipment (storage modules, 3) that gives off heat during its operation, and for an electrical energy storage device for a motor vehicle (Figures 1 and 2, [0035, 0037]). Astecker further discloses that the compartment (cooling device, 2) may be arranged such that it is on a top side, a lateral side, and a bottom side of the electrical energy storage device (storage modules, 3) (Figure 1, [0035]). Astecker further discloses that a preferred embodiment of the compartment (cooling device, 2) is comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]). Astecker further discloses that the enforcement layers (13/16) preferably consist of a fiber reinforcement and comprise cavities which are at least partially filled with plastic materials of surrounding films (Figure 5, [0065-0066]). Astecker further discloses that the metal film (14/17) may be a metalized plastic film which comprises at least 90 wt% of a thermoplastic material (Figure 5, [0060-0061]). Astecker further discloses that the metalized plastic film is formed by depositing metal on a surface of a plastic film via a metal vapor deposition method, and that the thickness of the plastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078].
Looking to Figure 5 of Astecker, the skilled artisan would appreciate that when the outer surface of metal film (14) is in contact with a surface of the electrical energy storage device (storage modules, 3), the combination of layers 15, 12, 13, and 14, and the coolant channels (6) formed therein may be considered a cooling plate, as such a combination of layers (15/12/13/14) with the coolant channels (6) are designed to be passed through by a cooling fluid (coolant) and is designed to cool said item of equipment (storage modules, 3) (see annotated Figure 5 below, [0001-0003]). As such, the skilled artisan would further appreciate that the remaining layers (16/17) of the embodiment in Figure 5 would be considered a bottom cover of the compartment (cooling device, 2) (see annotated Figure 5 below). Thus, the bottom cover (16/17) comprises a layer of composite material (enforcement layer, 16) and a primary additional layer of non-reinforced polymer material (metalized plastic film, 17) (see annotated Figure 5 below).
Astecker further discloses that the compartment (cooling device, 2) furthermore has an upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) configured to receive said item of equipment (storage modules, 3), and a lower housing (cooling plate and bottom cover, see annotated Figure 5 below) defined by the bottom cover (16/17) together with the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) (Figures 1 and 5, [0035]). Astecker further discloses a fluid connection element (coolant inlet and outlet, 8/9) for supplying the cooling fluid (coolant) to the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) is placed in the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) (Figure 4, [0047]). Astecker further discloses that a distancing element (22) is included in the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) portion of the compartment (cooling device, 2) and serves to improve the leakproof feature of the fluid connection element (coolant inlet and outlet, 8/9) in the cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) (Figure 4, [0099]). As such, the skilled artisan would appreciate that the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) and the upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) are insulated from one another in a fluid-tight manner (Figures 1 and 4, [0099]).
Furthermore, the skilled artisan would appreciate that as the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) is positioned between the electrical energy storage device (storage modules, 3) and the bottom cover (16/17) (see annotated Figure 5 below), and that the bottom cover (16/17) is considered to be a part of the lower housing (cooling plate and bottom cover, see annotated Figure 5 below), thus the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) necessarily separates the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) from the upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) which is positioned on the end of the electrical energy storage device (storage modules, 3) opposite the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) (Figures 1 and 5, [0035]).
The examiner notes that the enforcement layer (16) may be considered a composite material because Astecker discloses that the enforcement layer (16) preferably consists of a fiber reinforcement with cavities that are partially filled with plastic materials of surrounding films (17/15) (Figure 5, [0065-0066]). Likewise, the metalized plastic film (17) may be considered a non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer is 5 nm [0077-0078], as such the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
Furthermore, although Astecker does not explicitly disclose that the non-reinforced polymer material (metalized plastic film, 17) is impermeable to the cooling fluid (coolant), as discussed above Astecker does disclose that the non-reinforced polymer material may be considered to be the thermoplastic layer of the metalized plastic film (17). Astecker further discloses that the thermoplastic material is preferably polypropylene (PP) [0061] and the cooling fluid (coolant) may be a water-glycol mixture [0048]. The instant application teaches that the non-reinforced polymer material may be a thermoplastic material [0121] and that the cooling fluid may be water with additives [0089]. Therefore, the skilled artisan would expect that the non-reinforced polymer material (metalized plastic film, 17) of Astecker would indeed be impermeable to the cooling fluid (coolant) as the non-reinforced polymer material (metalized plastic film, 17) comprises a thermoplastic layer and the cooling fluid (coolant) is a water-based coolant which is substantially the same as taught by the instant application wherein the non-reinforced polymer material may be a thermoplastic material and the cooling fluid may be a water-based coolant. Thus, all of the limitations of Claim 1 are met.
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Annotated Figure 5 (Astecker US 2020/0153056 A1)
Regarding Claim 10, Astecker discloses an electrical energy storage device (rechargeable battery, 1) comprising: a plurality of battery cells (storage modules, 3) disposed in a row and a compartment (cooling device, 2) for an item of equipment that gives off heat during its operation, and for an electrical energy storage device (rechargeable battery, 1) for a motor vehicle (Figures 1 and 2, [0035, 0037]). Astecker further discloses that the compartment (cooling device, 2) is such that it is on a top side, a lateral side, and a bottom side of the electrical energy storage device (storage modules, 3) (Figure 1, [0035]). Astecker further discloses that a preferred embodiment of the compartment (cooling device, 2) is comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]). Astecker further discloses that the enforcement layers (13/16) preferably consist of a fiber reinforcement and comprise cavities which are at least partially filled with plastic materials of surrounding films (Figure 5, [0065-0066]). Astecker further discloses that the metal film (14/17) may be a metalized plastic film which comprises at least 90 wt% of a thermoplastic material (Figure 5, [0060-0061]). Astecker further discloses that the metalized plastic film is formed by depositing metal on a surface of a plastic film via a metal vapor deposition method, and that the thickness of the plastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078].
Looking to Figure 5 of Astecker, the skilled artisan would appreciate that when the outer surface of metal film (14) is in contact with a surface of the battery cells (storage modules, 3), the combination of layers 15, 12, 13, and 14, and the coolant channels (6) formed therein may be considered a cooling plate, as such a combination of layers (15/12/13/14) with the coolant channels (6) are designed to be passed through by a cooling fluid (coolant) and which is designed to cool said item of equipment (storage modules, 3) (see annotated Figure 5 below, [0001-0003]). As such, the skilled artisan would further appreciate that the remaining layers (16/17) of the embodiment in Figure 5 would be considered a bottom cover of the compartment (cooling device, 2) (see annotated Figure 5 below). Thus, the bottom cover (16/17) comprises a layer of composite material (enforcement layer, 16) and a primary additional layer of non-reinforced polymer material (metalized plastic film, 17) (see annotated Figure 5 below). With such a configuration, the battery cells (storage modules, 3) are indeed placed in the compartment (cooling device, 2) and are in thermal interaction with the cooling plate (combination of layers 15/12/13/14) (Figures 2 and 5, [0006]).
Astecker further discloses that the compartment (cooling device, 2) furthermore has an upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) configured to receive said item of equipment (storage modules, 3), and a lower housing (cooling plate and bottom cover, see annotated Figure 5 below) defined by the bottom cover (16/17) together with the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) (Figures 1 and 5, [0035]). Astecker further discloses a fluid connection element (coolant inlet and outlet, 8/9) for supplying the cooling fluid (coolant) to the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) is placed in the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) (Figure 4, [0047]). Astecker further discloses that a distancing element (22) is included in the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) portion of the compartment (cooling device, 2) and serves to improve the leakproof feature of the fluid connection element (coolant inlet and outlet, 8/9) in the cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) (Figure 4, [0099]). As such, the skilled artisan would appreciate that the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) and the upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) are insulated from one another in a fluid-tight manner (Figures 1 and 4, [0099]).
Furthermore, the skilled artisan would appreciate that as the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) is positioned between the electrical energy storage device (storage modules, 3) and the bottom cover (16/17) (see annotated Figure 5 below), and that the bottom cover (16/17) is considered to be a part of the lower housing (cooling plate and bottom cover, see annotated Figure 5 below), thus the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) necessarily separates the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) from the upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) which is positioned on the end of the electrical energy storage device (storage modules, 3) opposite the cooling plate (layers, 15/12/13/14, and the coolant channels, 6) (Figures 1 and 5, [0035]).
The examiner notes that the enforcement layer (16) may be considered a composite material because Astecker discloses that the enforcement layer (16) preferably consists of a fiber reinforcement with cavities that are partially filled with plastic materials of surrounding films (17/15) (Figure 5, [0065-0066]). Likewise, the metalized plastic film (17) may be considered a non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078], as such the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
Furthermore, although Astecker does not explicitly disclose that the non-reinforced polymer material (metalized plastic film, 17) is impermeable to the cooling fluid (coolant), as discussed above Astecker does disclose that the non-reinforced polymer material may be considered to be the thermoplastic layer of the metalized plastic film (17). Astecker further discloses that the thermoplastic material is preferably polypropylene (PP) [0061] and the cooling fluid (coolant) may be a water-glycol mixture [0048]. The instant application teaches that the non-reinforced polymer material may be a thermoplastic material [0121] and that the cooling fluid may be water with additives [0089]. Therefore, the skilled artisan would expect that the non-reinforced polymer material (metalized plastic film, 17) of Astecker would indeed be impermeable to the cooling fluid (coolant) as the non-reinforced polymer material (metalized plastic film, 17) comprises a thermoplastic layer and the cooling fluid (coolant) is a water-based coolant which is substantially the same as taught by the instant application wherein the non-reinforced polymer material may be a thermoplastic material and the cooling fluid may be a water-based coolant. Thus, all of the limitations of Claim 10 are met.
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Annotated Figure 5 (Astecker US 2020/0153056 A1)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 5, 10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Raiser et al. (US 2018/0062226 A1) further in view of Astecker et al. (US 2020/0153056 A1) (disclosed by Applicant on IDS dated 06/15/2022).
In Regards to Claim 1:
Raiser discloses a compartment (housing, 11) for an item of equipment that gives off heat during its operation, and for an electrical energy storage device (plurality of battery modules, 2) for a motor vehicle (Figure 1, [0005, 0011, 0052, 0056]). Raiser further discloses that the compartment (housing, 11) comprises: at least one cooling plate (7) configured to be passed through by a cooling fluid (coolant) and to cool said item of equipment (plurality of battery modules, 2) (Figures 1 and 2, [0049-0050,0057]). Raiser further discloses that the compartment (housing, 11) comprises a bottom cover (support plate, 8) (Figure 1, [0050]). Raiser further discloses that the compartment (housing, 11) additionally includes an upper housing (top housing part, 12) designed to receive said item of equipment (plurality of battery modules, 2), and a lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) defined by the bottom cover (support plate, 8) together with the at least one cooling plate (7), in which at least one fluid connection element (coolant connectors, 21) for supplying the cooling fluid (coolant) to the at least one cooling plate (7) is placed (Figures 1 and 3, [0070]). Raiser further discloses a cooling manifold (10’) which circulates the cooling fluid (coolant) through the cooling plate (7), the cooling manifold (10’) comprising a distributor (25), a collector (26), hoses (29), inlets (27), and outlets (28) (Figure 4A, [0081-0083]). Raiser further discloses that the cooling manifold (10’) is connected to the cooling plate (7) via bolts (9), and in order to ensure a reliable seal such that leaks are avoided, seals (32) and an adhesive element (19’) are provided between the cooling plate (7) and the cooling manifold (10’) in the regions of the inlets (27) and outlets (28) (Figure 4A, [0081-0083]). Raiser further discloses that the cooling plate (7) is located in between the bottom cover (support plate, 8) and the upper housing (top housing part, 12) in the x-direction (see Figures 1 and 2). Thus, as the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) is defined in part by the bottom cover (support plate, 8), the skilled artisan would appreciate that the cooling plate (7) may be considered to separate the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) from the upper housing (top housing part, 12).
Thus, as the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) is defined in part by the cooling plate (7), and Raiser describes that measures are in place to prevent leakage of the cooling fluid (coolant) circulating through the cooling plate (7), the skilled artisan would appreciate that the upper housing (top housing part, 12) and the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) may be considered to be insulated from one another in a fluid-tight manner.
Raiser is silent to the materials and layer configuration of the bottom cover.
Astecker discloses a rechargeable battery (1) comprising several electrical energy storage devices (storage modules, 3) which are covered on one side by a cooling device (2) (Figures 1 and 2, [0031-0032, 0035]). Astecker further discloses that the cooling device (2) is arranged on a side of the rechargeable battery (1) and extends across all of the electrical energy storage devices (storage modules, 3) (Figure 1, [0035-0036]). Astecker further discloses that a preferred embodiment of the cooling device (2) may be comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]). Astecker further discloses that the plastic films (12/15) preferably consist of a sealing film and are arranged such that the plastic films (12/15) lie against one another to form coolant channels (6) (Figure 5, [0059, 0063]). Astecker further discloses that the enforcement layers (13/16) preferably consist of a fiber reinforcement layer (Figure 5, [0065-0066]). Astecker further discloses that a metalized plastic film may be used for the metal films (14/17), which preferably consists of at least 90 wt% of a thermoplastic material (Figure 5, [0060-0061]). Astecker further discloses that the metalized plastic film is formed by depositing metal on a surface of a plastic film via a metal vapor deposition method, and that the thickness of the plastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078]. Astecker further teaches that the coolant channels (6) serve to perform temperature control of the rechargeable battery (1), which improves the lifespan, performance, and safety of the rechargeable battery (1) (Figures 1 and 4, [0001-0003]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the materials and layer configuration of the bottom cover of Raiser, that of the cooling device of Astecker disclosed above (i.e., the embodiment of Figure 5), such that the bottom cover of Raiser consists of a first metalized plastic layer, a first enforcement layer, a first plastic film layer, coolant channels, a second plastic film layer, a second enforcement layer, and a second metalized plastic layer, in that order, as Astecker discloses that such a cooling device is suitable for use as a cover for electrical energy storage devices. By making this selection, the skilled artisan would have a reasonable expectation of success in enhancing the cooling capability of the compartment of Raiser, as Astecker teaches that the use of these materials and the configuration described above allows for improved temperature control of an energy storage device, which improves the lifespan, performance, and safety of the device.
Upon the above modification, the skilled artisan would appreciate that the bottom cover of modified Raiser may be considered to comprise at least one layer of a composite material (i.e., combinations of the plastic film layers and the enforcement layers, 12/13/15/16 in Figure 5 of Astecker) and a primary additional layer of non-reinforced polymer material (i.e., first metalized plastic layer, 13 in Figure 5 of Astecker).
The examiner notes that the metalized plastic film (17) reads on the claimed non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078]. As such, the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
Furthermore, although Astecker does not explicitly disclose that the non-reinforced polymer material (metalized plastic film, 17) is impermeable to the cooling fluid (coolant), as discussed above Astecker does disclose that the non-reinforced polymer material may be considered to be the thermoplastic layer of the metalized plastic film (17). Astecker further discloses that the thermoplastic material is preferably polypropylene (PP) [0061] and the cooling fluid (coolant) may be a water-glycol mixture [0048]. The instant application teaches that the non-reinforced polymer material may be a thermoplastic material [0121] and that the cooling fluid may be water with additives [0089]. Therefore, the skilled artisan would expect that the non-reinforced polymer material (metalized plastic film, 17) of Raiser as modified by Astecker would indeed be impermeable to the cooling fluid (coolant) as the non-reinforced polymer material (metalized plastic film, 17) comprises a thermoplastic layer which may be polypropylene and the cooling fluid (coolant) is a water-based coolant which is substantially the same as taught by the instant application wherein the non-reinforced polymer material may be a thermoplastic material and the cooling fluid may be a water-based coolant. Thus, upon the above modification, all of the limitations of Claim 1 are met.
In Regards to Claim 2 (Dependent Upon Claim 1):
Raiser as modified by Astecker discloses the compartment of Claim 1 as set forth above. Upon the modification detailed above in the rejection of Claim 1, the skilled artisan would appreciate that the bottom cover of modified Raiser may be considered to comprise a secondary additional layer of non-reinforced polymer material (i.e., second metalized plastic layer, 17 in Figure 5 of Astecker), the layer of a composite material (i.e., combination of the plastic film layers and the enforcement layers, 12/13/15/16 in Figure 5 of Astecker) being arranged between the primary additional layer of non-reinforced polymer material (i.e., first metalized plastic layer, 13 in Figure 5 of Astecker) and the secondary additional layer of non-reinforced polymer material (i.e., second metalized plastic layer, 17 in Figure 5 of Astecker). Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Raiser as modified by Astecker discloses the compartment of Claim 1 as set forth above. Upon the modification detailed above in the rejection of Claim 1, modified Raiser further discloses that the bottom cover (support plate, 8) comprises a cooling fluid channel (coolant channels, 6, see Figure 5 of Astecker). Raiser further discloses that the cooling plate (7) is clamped between the bottom cover (support plate, 8) and the electrical energy storage device (plurality of battery modules, 2), thus the cooling plate (7) and the bottom cover (support plate, 8) are connected (Figure 2, [0061]). Raiser further discloses that the fluid connection element (coolant connectors, 21) is connected to the cooling plate (7) (Figures 1 and 3, [0070-0072]).
Therefore, as both the bottom cover (support plate, 8) and the fluid connection element (coolant connectors, 21) are connected to the cooling plate (7), the bottom cover (support plate, 8) and the fluid connection element (coolant connectors, 21) would be understood to be connected to one another via the cooling plate (7). As such, the skilled artisan would appreciate that the cooling fluid channel (coolant channels) of the bottom cover (support plate, 8) of modified Raiser is connected to the fluid connection element (coolant connectors, 21).
For purposes of compact prosecution, the examiner notes that the language of Claim 5 does not require that the cooling fluid channel of the bottom cover is directly connected to the fluid connection element. Thus, all of the limitations of Claim 5 are met.
In Regards to Claim 10:
Raiser discloses an electrical energy storage device (plurality of battery modules, 2) comprising: a plurality of battery cells (battery module, 2) that are disposed in a row (Figure 1, [0046]). Raiser further discloses a compartment (housing, 11) for an item of equipment that gives off heat during its operation, and for an electrical energy storage device (battery modules, 2) for a motor vehicle (Figure 1, [0005, 0011, 0052, 0056]). Raiser further discloses that the compartment (housing, 11) comprises: at least one cooling plate (7) configured to be passed through by a cooling fluid (coolant) and to cool said item of equipment (battery modules, 2) (Figures 1 and 2, [0049-0050,0057]). Raiser further discloses that the compartment (housing, 11) comprises a bottom cover (support plate, 8) (Figure 1, [0050]). Raiser further discloses that the battery cells (battery module, 2) are placed in the compartment (housing, 11) and are in thermal interaction with the cooling plate (7) (Figures 1 and 2, [0049-0050]). Raiser further discloses that the compartment (housing, 11) additionally includes an upper housing (top housing part, 12) designed to receive said item of equipment (plurality of battery modules, 2), and a lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) defined by the bottom cover (support plate, 8) together with the at least one cooling plate (7), in which at least one fluid connection element (coolant connectors, 21) for supplying the cooling fluid (coolant) to the at least one cooling plate (7) is placed (Figures 1 and 3, [0070]). Raiser further discloses a cooling manifold (10’) which circulates the cooling fluid (coolant) through the cooling plate (7), the cooling manifold (10’) comprising a distributor (25), a collector (26), hoses (29), inlets (27), and outlets (28) (Figure 4A, [0081-0083]). Raiser further discloses that the cooling manifold (10’) is connected to the cooling plate (7) via bolts (9), and in order to ensure a reliable seal such that leaks are avoided, seals (32) and an adhesive element (19’) are provided between the cooling plate (7) and the cooling manifold (10’) in the regions of the inlets (27) and outlets (28) (Figure 4A, [0081-0083]). Raiser further discloses that the cooling plate (7) is located in between the bottom cover (support plate, 8) and the upper housing (top housing part, 12) in the x-direction (see Figures 1 and 2). Thus, as the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) is defined in part by the bottom cover (support plate, 8), the skilled artisan would appreciate that the cooling plate (7) may be considered to separate the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) from the upper housing (top housing part, 12).
Thus, as the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) is defined in part by the cooling plate (7), and Raiser describes that measures are in place to prevent leakage of the cooling fluid (coolant) circulating through the cooling plate (7), the skilled artisan would appreciate that the upper housing (top housing part, 12) and the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) may be considered to be insulated from one another in a fluid-tight manner.
Raiser is silent to the materials and layer configuration of the bottom cover.
Astecker discloses a rechargeable battery (1) comprising several electrical energy storage devices (storage modules, 3) which are covered on one side by a cooling device (2) (Figures 1 and 2, [0031-0032, 0035]). Astecker further discloses that the cooling device (2) is arranged on a side of the rechargeable battery (1) and extends across all of the electrical energy storage devices (storage modules, 3) (Figure 1, [0035-0036]). Astecker further discloses that a preferred embodiment of the cooling device (2) may be comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]). Astecker further discloses that the plastic films (12/15) preferably consist of a sealing film and are arranged such that the plastic films (12/15) lie against one another to form coolant channels (6) (Figure 5, [0059, 0063]). Astecker further discloses that the enforcement layers (13/16) preferably consist of a fiber reinforcement layer (Figure 5, [0065-0066]). Astecker further discloses that a metalized plastic film may be used for the metal films (14/17), which preferably consists of at least 90 wt% of a thermoplastic material (Figure 5, [0060-0061]). Astecker further teaches that the coolant channels (6) serve to perform temperature control of the rechargeable battery (1), which improves the lifespan, performance, and safety of the rechargeable battery (1) (Figures 1 and 4, [0001-0003]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the materials and layer configuration of the bottom cover of Raiser, that of the cooling device of Astecker disclosed above (i.e., the embodiment of Figure 5), such that the bottom cover of Raiser consists of a first metalized plastic layer, a first enforcement layer, a first plastic film layer, coolant channels, a second plastic film layer, a second enforcement layer, and a second metalized plastic layer, in that order, as Astecker discloses that such a cooling device is suitable for use as a cover for electrical energy storage devices. By making this selection, the skilled artisan would have a reasonable expectation of success in enhancing the cooling capability of the compartment of Raiser, as Astecker teaches that the use of these materials and the configuration as described above allows for improved temperature control of an energy storage device, which improves the lifespan, performance, and safety of the device.
Upon the above modification, the skilled artisan would appreciate that the bottom cover of modified Raiser may be considered to comprise at least one layer of a composite material (i.e., combination of the plastic film layers and the enforcement layers, 12/13/15/16 in Figure 5 of Astecker) and a primary additional layer of non-reinforced polymer material (i.e., first metalized plastic layer, 13 in Figure 5 of Astecker).
The examiner notes that the metalized plastic film (17) reads on the claimed non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078]. As such, the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
Furthermore, although Astecker does not explicitly disclose that the non-reinforced polymer material (metalized plastic film, 17) is impermeable to the cooling fluid (coolant), as discussed above Astecker does disclose that the non-reinforced polymer material may be considered to be the thermoplastic layer of the metalized plastic film (17). Astecker further discloses that the thermoplastic material is preferably polypropylene (PP) [0061] and the cooling fluid (coolant) may be a water-glycol mixture [0048]. The instant application teaches that the non-reinforced polymer material may be a thermoplastic material [0121] and that the cooling fluid may be water with additives [0089]. Therefore, the skilled artisan would expect that the non-reinforced polymer material (metalized plastic film, 17) of Raiser as modified by Astecker would indeed be impermeable to the cooling fluid (coolant) as the non-reinforced polymer material (metalized plastic film, 17) comprises a thermoplastic layer which may be polypropylene and the cooling fluid (coolant) is a water-based coolant which is substantially the same as taught by the instant application wherein the non-reinforced polymer material may be a thermoplastic material and the cooling fluid may be a water-based coolant. Thus, upon the above modification, all of the limitations of Claim 10 are met.
In Regards to Claim 12 (Dependent Upon Claim 1):
Raiser as modified by Astecker discloses the compartment of Claim 1 as set forth above. Raiser further discloses that the bottom cover (support plate, 8) includes a cooling fluid channel (coolant connectors, 21) that supplies and evacuates the cooling fluid (coolant) circulating in the cooling fluid channel (coolant connectors, 21) and circulating in the cooling plate (7) arranged above the cooling fluid channel (coolant connectors, 21) (Figure 3, [0070]).
The examiner notes that terms such as “above” and “below” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the compartment relative to one another within the compartment. The particular orientation of the compartment does not provide any structural limitations to the compartment itself. Thus, all of the limitations of Claim 12 are met.
In Regards to Claim 13 (Dependent Upon Claim 1):
Raiser as modified by Astecker discloses the compartment of Claim 1 as set forth above. Raiser further discloses that the bottom cover (support plate, 8) includes two cooling fluid channels (coolant connectors, 21) in which the cooling fluid (coolant) circulated, the two cooling fluid channels (coolant connectors, 21) arranged below the cooling plate (7) (Figure 3, [0070]).
The examiner notes that terms such as “above” and “below” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the compartment relative to one another within the compartment. The particular orientation of the compartment does not provide any structural limitations to the compartment itself. Thus, all of the limitations of Claim 13 are met.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Raiser et al. (US 2018/0062226 A1) modified by Astecker et al. (US 2020/0153056 A1) (disclosed by Applicant on IDS dated 06/15/2022), as applied to Claim 5 above, further in view of Kobayashi et al. (US 2018/0361874 A1).
In Regards to Claim 6 (Dependent Upon Claim 5):
Raiser as modified by Astecker discloses the compartment of Claim 5 as set forth above. Raiser further discloses that the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) and the upper housing (top housing part, 12) are joined together via bolts (Figures 1 and 2, [0088]).
Raiser is deficient in disclosing that a seal is disposed on a joining periphery between the lower housing and the upper housing.
Kobayashi discloses an electrical energy storage device (battery pack, 90) for a vehicle comprising a battery (90) housed within a compartment (battery chamber, 96) (Figures 2 and 3, [0001, 0006]). Kobayashi further discloses that the compartment (battery chamber, 96) comprises an upper housing (upper case, 92) and a lower housing (lower case, 94) which are joined together via bolts (118) (Figure 3, [0006]). Kobayashi further discloses that a seal member (132) is interposed between the upper housing (upper case, 92) and the lower housing (lower case, 94) at a periphery of each, at the point where the upper housing (upper case, 92) and the lower housing (lower case, 94) are joined (Figure 3, [0006]). Kobayashi further discloses that the seal member (132) serves to provide a waterproof seal to prevent the intrusion of water into the compartment (battery chamber, 96) from the external environment in the situation that the vehicle travels through a puddle or on a flooded road (Figure 3, [0003, 0058]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the compartment of Raiser to include the seal member of Kobayashi along the periphery of the upper housing and lower housing of Raiser where joining occurs via bolts, as Kobayashi teaches that such a sealing member is beneficially included along a region of an upper housing and a lower housing of an electrical energy storage device in a vehicle which are joined in such a manner (i.e., via bolts). The skilled artisan would be motivated to include the seal member as Kobayashi teaches that the seal prevents the intrusion of water into the compartment when a vehicle travels through a puddle or on a flooded road. The skilled artisan would appreciate that by enhancing the water resistance of the compartment, the overall safety and lifespan of the electrical energy storage device may be improved. Upon the above modification, all of the limitations of Claim 6 are met.
Claims 7-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Raiser et al. (US 2018/0062226 A1) modified by Astecker et al. (US 2020/0153056 A1) (disclosed by Applicant on IDS dated 06/15/2022) and Kobayashi et al. (US 2018/0361874 A1), as applied to Claim 6 above, further in view of Zhou et al. (CN 108963271 A).
In Regards to Claim 7 (Dependent Upon Claim 6):
Raiser as modified by Astecker and Kobayashi discloses the compartment of Claim 6 as set forth above. Raiser further discloses the upper housing (top housing part, 12) has a frame (insulating material, 15) lining its interior surfaces, and therefore defining a periphery (periphery of interior surface) of the upper housing (top housing part, 12) (Figures 1 and 2, [0053]). Upon the modification detailed above in the rejection of Claim 6, modified Raiser discloses that the seal is located along a periphery of both the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) and the upper housing (top housing part, 12) where they are joined together. As Raiser teaches that the frame (insulating material, 15) is present along the entirety of the inner surfaces of the upper housing (top housing part, 12), it would be expected that the seal is in direct contact with the frame (insulating material, 15) (Figure 2). Raiser further discloses that the material of the frame (insulating material, 15) may be a porous hard foam or any material with thermally insulating and shock absorbing properties [0063].
For purposes of compact prosecution, the examiner notes that the claim language does not require that the seal is in direct contact with the frame, so even in a case that the seal was not directly contacting the frame (insulating material, 15), it would still be considered in contact with the frame (insulating material, 15) as the upper housing (top housing part, 12) is in direct contact with both the seal and the frame (insulating material, 15).
Raiser is deficient in disclosing that the frame is made of aluminum.
Zhou discloses a foamed metal material for use in a battery (air battery) as a foam metal body, wherein the foamed metal material may be an aluminum foam which has sound-absorbing, heat insulation, and shock (impact) absorbing properties [0002, 0017, 0050]. Zhou further discloses that such a material is suitable for use in electronic and vehicular applications [0050]. Zhou further discloses that the foamed metal material is porous [0048].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the frame of Raiser, the aluminum foam material of Zhou, as Zhou teaches that aluminum foam is a porous metal foam with known thermal insulating and shock absorbing properties, which is required by Raiser to be the material of the frame, and further as Zhou teaches that the aluminum foam is suitable for use in a battery. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 7 are met.
In Regards to Claim 8 (Dependent Upon Claim 7):
Raiser as modified by Astecker, Kobayashi, and Zhou discloses the compartment of Claim 7 as set forth above. Upon the modification detailed above in the rejection of Claim 6, modified Raiser discloses that the seal performs the function of preventing water from entering the compartment (housing, 11) from the external environment, thus making the compartment (housing, 11) “waterproof”. The skilled artisan would appreciate that for the compartment (housing, 11) to be considered waterproof, the seal may be considered to be disposed in a “tight” manner at the juncture of the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) and the upper housing (top housing part, 12) when considering the broadest reasonable interpretation of the claim.
The examiner notes that the term “a zone” does not appear to have any specified meaning or scope in light of the instant specification and thus may be broadly defined. As such, there is necessarily “a zone” of the frame (insulating material, 15), “a zone” of the cooling plate (7), and “a zone” of the bottom cover (bottom housing, 8) in which the seal meets the requirements of the instant claim. For example, looking to annotated Figure 2 below it can be seen that the seal would be between “a zone” of the frame (insulating material, 15) and “a zone” of the cooling plate (7) in the y-direction, as well as between “a zone” of the frame (insulating material, 15) and “a zone” of the bottom cover (bottom housing, 8) in the y-direction (see annotated Figure 2 below). Thus, all of the limitations of Claim 8 are met.
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Annotated Figure 2 (Raiser US 2018/0062226 A1)
In Regards to Claim 11 (Dependent Upon Claim 7):
Raiser as modified by Astecker, Kobayashi, and Zhou discloses the compartment of Claim 7 as set forth above. Upon the modification detailed above in the rejection of Claim 6, modified Raiser discloses that the seal performs the function of preventing water from entering the compartment (housing, 11) from the external environment, thus making the compartment (housing, 11) “waterproof”. The skilled artisan would appreciate that for the compartment (housing, 11) to be considered waterproof, the seal may be considered to be disposed in a “tight” manner at the juncture of the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) and the upper housing (top housing part, 12) when considering the broadest reasonable interpretation of the claim limitation.
The examiner notes that the term “a zone” does not appear to have any specified meaning or scope in light of the instant specification and thus may be broadly defined. As such, there is necessarily “a zone” of the frame (insulating material, 15) and “a zone” of the cooling plate (7) in which the seal meets the requirements of the instant claim. For example, looking to annotated Figure 2 below it can be seen that the seal would be between “a zone” of the frame (insulating material, 15) and “a zone” of the cooling plate (7) in the y-direction, as well as between “a zone” of the frame (insulating material, 15) and “a zone” of the bottom cover (bottom housing, 8) in the y-direction (see annotated Figure 2 below). Thus, all of the limitations of Claim 11 are met.
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Annotated Figure 2 (Raiser US 2018/0062226 A1)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Raiser et al. (US 2018/0062226 A1) modified by Astecker et al. (US 2020/0153056 A1) (disclosed by Applicant on IDS dated 06/15/2022) and Kobayashi et al. (US 2018/0361874 A1), as applied to Claim 6 above, further in view of Tan et al. (US 2018/0294452 A1).
In Regards to Claim 9 (Dependent Upon Claim 6):
Raiser as modified by Astecker and Kobayashi discloses the compartment of Claim 6 as set forth above. Raiser further discloses the upper housing (top housing part, 12) has a frame (insulating material, 15) lining its interior surfaces, and therefore defining a periphery (periphery of interior surface) of the upper housing (top housing part, 12) (Figures 1 and 2, [0053]). Upon the modification detailed above in the rejection of Claim 6, modified Raiser discloses that the seal is located along a periphery of both the lower housing (bottom housing, 13, support plate, 8, and cooling plate, 7) and the upper housing (top housing part, 12) where they are joined together. As Raiser teaches that the frame (insulating material, 15) is present along all of the inner surfaces of the upper housing (top housing part, 12), it would be expected that the seal is in direct contact with the frame (insulating material, 15) (Figure 2). The skilled artisan would appreciate that the region of the upper housing (top housing part, 12) which is in contact with both the seal and the frame (insulating material, 15) may be considered to be an upper cover, and such an upper cover would necessarily be bearing against the frame (insulating material, 15) for the closing of the compartment (housing, 11) with the interposition of the seal.
Raiser is silent to the material of the upper cover.
Tan discloses an electrical energy storage device (battery pack) comprising a plurality of battery cells (2) arranged in a housing, the housing comprising an upper cover (tray, 1) and a lower cover (seal cover, 3) (Figure 1, [0019]). Tan further discloses that the material of the upper cover (tray, 1) may be a metal material with excellent thermal conductivity (Figure 1, [0022]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the upper cover of Raiser, a metal material, as it is known in the art that metal is a suitable material for an upper cover of an electrical energy storage device, as taught by Tan. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). The skilled artisan would be further motivated to make such a modification as Tan teaches that when the upper cover is made of metal, the thermal conductivity of the upper cover is excellent, thus allowing the skilled artisan to have a reasonable expectation of success in further enhancing the temperature control of the electrical energy storage device. Upon the above modification, all of the limitations of Claim 9 are met.
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered but they are not persuasive.
In regards to the 35 U.S.C. 102 rejection of Claims 1 and 10, the Applicant argues that Astecker et al. (US 2020/0153056 A1) fails to anticipate all of the limitations of amended Claims 1 and 10. Specifically, the Applicant argues that the amendment to Claims 1 and 10 further define the location of each claimed element such that the cooling plate is required to be above both the fluid connection element and the lower housing. The Applicant argues that such an arrangement is not met by Astecker. The Applicant further argues that Astecker fails to disclose a bottom cover comprising the different material.
The examiner respectfully disagrees. First, amended Claim 1 in its entirety is reproduced below, however, the examiner notes that the below response extends to the Applicant’s argument regarding Claim 10 as well.
Claim 1: “A compartment for an item of equipment that gives off heat during its operation and for an electrical energy storage device for a motor vehicle, the compartment comprising: at least one cooling plate configured to be passed through by a cooling fluid and to cool said item of equipment; a bottom cover with at least one layer of composite material and a primary additional layer of non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers being impermeable to the cooling fluid; an upper housing configured to receive said item of equipment; and a lower housing defined by the bottom cover together with the at least one cooling plate, in which at least one fluid connection element for supplying the cooling fluid to the at least one cooling plate is placed, the lower housing and upper housing being insulated from one another in a fluid-tight manner, and wherein the at least one cooling plate separates the lower housing from the upper housing”.
Respectfully, the examiner fails to see how the claims as currently written require that the cooling plate is located above the fluid connection element. As written, instant Claim 1 requires that the lower housing is defined by the bottom cover and the cooling plate, and that the fluid connection element is placed in the lower housing.
Furthermore, the examiner notes that terms such as “above” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the compartment relative to one another within the compartment. The particular orientation of the compartment does not provide any structural limitations to the compartment itself.
In regards to the cooling plate being above the lower housing, as detailed above in the rejection of Claim 1, Astecker discloses that the compartment (cooling device, 2) may be arranged such that it is on a top side, a lateral side, and a bottom side of the electrical energy storage device (storage modules, 3) (Figure 1, [0035]). Astecker further discloses that a preferred embodiment of the compartment (cooling device, 2) is comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]).
Looking to Figure 5 of Astecker, the skilled artisan would appreciate that when the outer surface of metal film (14) is in contact with a surface of the electrical energy storage device (storage modules, 3), the combination of layers 15, 12, 13, and 14, and the coolant channels (6) formed therein may be considered a cooling plate, as such a combination of layers (15/12/13/14) with the coolant channels (6) are designed to be passed through by a cooling fluid (coolant) and is designed to cool said item of equipment (storage modules, 3) (see annotated Figure 5 below, [0001-0003]). As such, the skilled artisan would further appreciate that the remaining layers (16/17) of the embodiment in Figure 5 would be considered a bottom cover of the compartment (cooling device, 2) (see annotated Figure 5 below). Thus, the bottom cover (16/17) comprises a layer of composite material (enforcement layer, 16) and a primary additional layer of non-reinforced polymer material (metalized plastic film, 17) (see annotated Figure 5 below).
Astecker further discloses that the compartment (cooling device, 2) furthermore has an upper housing (portion of cooling device, 2 located on “bottom” surface of storage modules, 3) configured to receive said item of equipment (storage modules, 3), and a lower housing (cooling plate and bottom cover, see annotated Figure 5 below) defined by the bottom cover (16/17) together with the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) (Figures 1 and 5, [0035]). Astecker further discloses a fluid connection element (coolant inlet and outlet, 8/9) for supplying the cooling fluid (coolant) to the at least one cooling plate (layers 15/12/13/14, and the coolant channels, 6, see annotated Figure 5 below) is placed in the lower housing (cooling plate and bottom cover, see annotated Figure 5 below) (Figure 4, [0047]).
Thus, the skilled artisan would appreciate that the cooling plate would indeed be considered above the bottom cover (16/17) portion of the lower housing (cooling plate and bottom cover, see annotated Figure 5 below). Additionally, the examiner notes that terms such as “above” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the compartment relative to one another within the compartment. The particular orientation of the compartment does not provide any structural limitations to the compartment itself.
Regarding the Applicant’s argument that Astecker does not disclose a bottom cover formed from a different material, as detailed above, looking to Figure 5 of Astecker, the skilled artisan would appreciate that when the outer surface of metal film (14) is in contact with a surface of the electrical energy storage device (storage modules, 3), the combination of layers 15, 12, 13, and 14, and the coolant channels (6) formed therein may be considered a cooling plate, as such a combination of layers (15/12/13/14) with the coolant channels (6) are designed to be passed through by a cooling fluid (coolant) and is designed to cool said item of equipment (storage modules, 3) (see annotated Figure 5 below, [0001-0003]). As such, the skilled artisan would further appreciate that the remaining layers (16/17) of the embodiment in Figure 5 would be considered a bottom cover of the compartment (cooling device, 2) (see annotated Figure 5 below). Thus, the bottom cover (16/17) comprises a layer of composite material (enforcement layer, 16) and a primary additional layer of non-reinforced polymer material (metalized plastic film, 17) (see annotated Figure 5 below).
The examiner notes that the enforcement layer (16) may be considered a composite material because Astecker discloses that the enforcement layer (16) preferably consists of a fiber reinforcement with cavities that are partially filled with plastic materials of surrounding films (17/15) (Figure 5, [0065-0066]). Likewise, the metalized plastic film (17) may be considered a non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078], as such the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
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Annotated Figure 5 (Astecker US 2020/0153056 A1)
The examiner notes that amending the claims to require that the cooling plate does not contain a metal layer would appear to overcome the prior art.
In regards to the 35 U.S.C. 103 rejection of Claims 1 and 10 the Applicant argues that Raiser et al. (US 2018/0062226 A1) as modified by Astecker et al. (US 2020/0153056 A1) fails to address all of the limitations of amended Claims 1 and 10. In particular, the Applicant argues that Raiser fails to teach that the cooling plate is above a fluid connection element and that the bottom cover is made of a different material.
The examiner respectfully disagrees. First, amended Claim 1 in its entirety is reproduced below, however, the examiner notes that the below response extends to the Applicant’s argument regarding Claim 10 as well.
Claim 1: “A compartment for an item of equipment that gives off heat during its operation and for an electrical energy storage device for a motor vehicle, the compartment comprising: at least one cooling plate configured to be passed through by a cooling fluid and to cool said item of equipment; a bottom cover with at least one layer of composite material and a primary additional layer of non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers being impermeable to the cooling fluid; an upper housing configured to receive said item of equipment; and a lower housing defined by the bottom cover together with the at least one cooling plate, in which at least one fluid connection element for supplying the cooling fluid to the at least one cooling plate is placed, the lower housing and upper housing being insulated from one another in a fluid-tight manner, and wherein the at least one cooling plate separates the lower housing from the upper housing”.
Respectfully, the examiner fails to see how the claims as currently written require that the cooling plate is located above the fluid connection element. As written, instant Claim 1 requires that the lower housing is defined by the bottom cover and the cooling plate, and that the fluid connection element is placed in the lower housing.
Furthermore, the examiner notes that terms such as “above” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the compartment relative to one another within the compartment. The particular orientation of the compartment does not provide any structural limitations to the compartment itself.
As disclosed above in the rejection of Claim 1, Raiser discloses a compartment (housing, 11) for an item of equipment that gives off heat during its operation, and for an electrical energy storage device (plurality of battery modules, 2) for a motor vehicle (Figure 1, [0005, 0011, 0052, 0056]). Raiser further discloses that the compartment (housing, 11) comprises a bottom cover (support plate, 8) (Figure 1, [0050]).
Raiser is silent to the materials and layer configuration of the bottom cover.
Astecker discloses that a preferred embodiment of a cooling device (2) may be comprised of a film (4) and a further film (10) which are stacked together and in which coolant channels (6) are formed (Figure 5, [0050-0051]). Astecker further discloses that each of the film (4) and the further film (10) consist of a laminate comprising a plastic film (12/15), an enforcement layer (13/16), and a metal film (14/17) (Figure 5, [0053, 0055]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the materials and layer configuration of the bottom cover of Raiser, that of the cooling device of Astecker disclosed above (i.e., the embodiment of Figure 5), such that the bottom cover of Raiser consists of a first metalized plastic layer, a first enforcement layer, a first plastic film layer, coolant channels, a second plastic film layer, a second enforcement layer, and a second metalized plastic layer, in that order, as Astecker discloses that such a cooling device is suitable for use as a cover for electrical energy storage devices. By making this selection, the skilled artisan would have a reasonable expectation of success in enhancing the cooling capability of the compartment of Raiser, as Astecker teaches that the use of these materials and the configuration described above allows for improved temperature control of an energy storage device, which improves the lifespan, performance, and safety of the device.
Upon the above modification, the skilled artisan would appreciate that the bottom cover of modified Raiser may be considered to comprise at least one layer of a composite material (i.e., combinations of the plastic film layers and the enforcement layers, 12/13/15/16 in Figure 5 of Astecker) and a primary additional layer of non-reinforced polymer material (i.e., first metalized plastic layer, 13 in Figure 5 of Astecker).
The examiner notes that the metalized plastic film (17) reads on the claimed non-reinforced polymer material because the metalized plastic film is formed by depositing metal on a surface of a thermoplastic film wherein the thickness of the thermoplastic film may be 200 µm while the thickness of the metal layer may be 5 nm [0077-0078]. As such, the metalized plastic film may be considered to consist two separate layers (metal layer and thermoplastic layer) which are attached to one another, and the thermoplastic layer alone may be considered the non-reinforced polymer material. Additionally, as the thickness of the metal layer (5 nm) is substantially smaller than the thickness of the thermoplastic film (200 µm), the skilled artisan would appreciate that the metal layer of the metalized plastic film would not be capable of reinforcing the thermoplastic layer of the metalized plastic film to a meaningful degree. As such, the skilled artisan would appreciate that the thermoplastic layer of the metalized plastic film (17) may be considered a non-reinforced polymer material corresponding to thermoplastic without any reinforcing fibers.
The examiner notes that amending the claims to require that the cooling plate does not contain a metal layer would appear to overcome the prior art. Additionally, should it be helpful to the Applicant, the examiner welcomes the Applicant to request an examiner interview to discuss potential amendments which may overcome the prior art on record.
The Applicant further argues that the skilled artisan would not look to modify the compartment of Raiser in view of Astecker without the motivation provided by the instant application.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.E.F./Examiner, Art Unit 1724
/BRIAN R OHARA/Examiner, Art Unit 1724
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