DETAILED ACTION
This Office Action replaces the Non-Final Rejection with a mail date of 02/05/2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/26/2025 has been entered.
Response to Amendment
The amendment filed 11/26/2025 has been entered. Claims 1, 3, 6, 9, 11, 13-15, 33-35, and 40-48 are currently pending. Claims 1, 6, 33, and 35 are currently amended. Claims 41-48 are new. Support for the new and amended claims is found in paragraphs 0026, 0029, 0036-0037, and 0068 of the instant specification and the claims as originally filed. The amendments have overcome each and every objection and rejection under 35 U.S.C. 112(b) set forth in the previous office action.
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, 6, 9, 11, 13-15, 33, and 44-47 are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et al. (US 20180069222 A1) in view of Nakamura (US 20100055547 A1), and further in view of Soukhojak et al. (US 20120263980 A1).
Regarding claim 1, Shaffer discloses a bipolar battery assembly (abstract) comprising: a) a plurality of electrode plates stacked together to form an electrode plate stack (abstract, paragraph 0006, figure 7); b) one or more active materials on one or more substrates of the plurality of electrode plates which function as a cathode and/or an anode (paragraph 0006), wherein the one or more active materials are in paste form (paragraph 0034), and wherein the one or more active materials are lead based such that the bipolar battery assembly is a lead acid battery (paragraph 0034); c) a liquid electrolyte located between each pair of the electrode plates (abstract, paragraph 0006); and d) one or more channels passing transversely through the plurality of electrode plates and the liquid electrolyte (paragraph 0030, figure 1, channel 16), and wherein the one or more channels include one or more cooling channels having one or more seals therein to seal the one or more channels from the liquid electrolyte (paragraphs 0030, 0040), and wherein the one or more cooling channels extend from one end to an opposing end of the bipolar battery assembly (paragraph 0040, figures 1 and 10, channel 16); and wherein the one or more cooling channels are sealed such that one or more fluids communicated through the one or more cooling channels are prevented from flowing out of the one or more cooling channels into any part of an interior of the battery assembly (Shaffer paragraphs 0040, 0043, figure 1, seal 15). Shaffer does not explicitly disclose one or more fluids circulating through the one or more cooling channels to remove heat from an interior of the bipolar battery assembly, wherein the one or more fluids have a temperature of 0°C to 30°C.
Nakamura discloses a power storage device with a stacked structure which has a plurality of holes through which coolant flows (Nakamura paragraph 0014, figure 1). Nakamura further discloses that the power storage device is a bipolar battery and that the coolant flows and circulates through different regions of holes through inflow and outflow portions of the holes (Nakamura paragraphs 0052-0063, figures 4-6, holes 15a and 15b). The reference teaches that this flow of coolant suppresses variation in temperature distribution resulting in stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed. Nakamura and Shaffer are analogous because they both disclose cooling channels through bipolar battery stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to circulate coolant as disclosed by Nakamura. Doing so would provide stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed.
Soukhojak discloses a temperature regulating device comprising an inlet for heat transfer fluid and electrochemical cells, wherein the heat transfer fluid is circulated through the device (Soukhojak paragraphs 0007-0008, 0031). Soukhojak further discloses that the electrochemical cells may be lead-acid cells (Soukhojak paragraph 0058). The reference teaches that the heat transfer fluid may be at a temperature of 0 °C or 25 °C, within the claimed range. Soukhojak discloses that the device is capable of rapidly removing heat from an electrochemical cell (Soukhojak paragraph 0011). Soukhojak and Shaffer are analogous because they both disclose cooling means for a lead-acid battery.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Shaffer to include the coolant temperature disclosed by Soukhojak. Doing so would rapidly remove heat from the battery. Additionally, The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Soukhojak links the example heat transfer fluids to those known in the art (Soukhojak paragraph 0072). The familiar heat transfer fluids of the given temperatures have the predictable results of cooling the battery, rendering the limitation obvious.
The recited limitation “to remove heat from an interior of the bipolar battery assembly during pickling, formation, or a combination thereof” is deemed a statement of intended use. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Regarding claim 6, modified Shaffer discloses the limitations of claim 1. Shaffer further discloses that the one or more channels are formed by one or more openings in each individual electrode plate of the plurality of electrode plates which are aligned with one another (paragraph 0030, lines 29-41): and wherein the bipolar battery assembly includes a plurality of separators with an individual separator located between each pair of electrode plates (paragraph 0035), and wherein the plurality of separators each include one or more openings which are aligned with one or more openings of the electrode plates which form the one or more channels (paragraph 0030, lines 29-41, figure 18).
Regarding claim 9, modified Shaffer discloses the limitations of claim 1. Shaffer further discloses that the one or more seals are molded along one or more internal surfaces of the one or more cooling channels to seal the one or more channels from the liquid electrolyte (paragraphs 0052, 0030, lines 57-60).
Regarding claim 11, modified Shaffer discloses the limitations of claim 9. Shaffer further discloses that the one or more seals are formed by one or more inward facing surfaces of one or more inserts aligned and interlocking to form the one or more channels, the one or more seals are separate from and located on the one or more inward facing surfaces of the one or more inserts, or both (paragraph 0043).
Regarding claim 13, modified Shaffer discloses the limitations of claim 1. Shaffer further discloses that the one or more seals run along an entire length of the one or more cooling channels in which they are located (paragraph 0030, figures 1 and 10, channel 16 and channel seal 15, the inserts of each battery plate mate to define the seal and channel).
Regarding claim 14, modified Shaffer discloses the limitations of claim 13. Shaffer further discloses that the one or more seals include one or more tubular members which are located within the one or more cooling channels (paragraph 0041, figure 1, posts 17, figure 6, posts 38).
Regarding claim 15, modified Shaffer discloses the limitations of claim 14. Shaffer further discloses that one or more tubular members are molded in place within the one or more channels (paragraph 0041, figure 1, posts 17, figure 6, posts 38). The product-by-process limitations (molded in place) of claim 15 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 15 as written does not distinguish the product of the instant application from the product of the prior art.
Regarding claim 33, Shaffer discloses a method of assembling and cooling a bipolar battery assembly (paragraph 0002), the method comprising: a) forming an electrode plate stack by stacking a plurality of electrode plates to create a plurality of electrochemical cells therebetween (paragraph 0006, figure 7) and one or more channels passing transversely through the plurality of electrode plates, wherein the one or more channels include one or more cooling channels (paragraphs 0030, figure 1, channel 16), wherein one or more active materials are on one or more substrates of the plurality of electrode plates which function as a cathode and/or an anode (paragraph 0006), wherein the one or more active materials are in paste form (paragraph 0034), wherein the one or more active materials are lead based such that the bipolar battery assembly is a lead acid battery (paragraph 0034); b) filling the plurality of electrochemical cells with a liquid electrolyte (paragraph 0054), wherein the one or more channels pass transversely through the liquid electrolyte (paragraph 0030); wherein the one or more cooling channels extend from one end to an opposing end of the bipolar battery assembly (paragraph 0040, figures 1 and 10, channel 16); wherein the one or more cooling channels include one or more seals therein to seal the one or more channels from the liquid electrolyte (paragraph 0030), wherein the one or more cooling channels are sealed such that one or more fluids communicated through the one or more cooling channels are prevented from flowing out of the one or more cooling channels into any part of an interior of the battery assembly (Shaffer paragraphs 0040, 0043, figure 1, seal 15). Shaffer further discloses that the battery plates are in contact with sulfuric acid solution electrolyte which is filled into the battery (Shaffer, paragraphs 0032, 0042, 0054, since the sulfuric acid electrolyte is filled and contacts the lead-based active material plates, the transmission of cooling fluid is considered to be equivalent to cooling during pickling). Shaffer does not explicitly disclose one or more fluids circulating through the one or more cooling channels to remove heat from an interior of the bipolar battery assembly, wherein the one or more fluids have a temperature of 0°C to 30°C.
Nakamura discloses a power storage device with a stacked structure which has a plurality of holes through which coolant flows (Nakamura paragraph 0014, figure 1). Nakamura further discloses that the power storage device is a bipolar battery and that the coolant flows and circulates through different regions of holes through inflow and outflow portions of the holes (Nakamura paragraphs 0052-0063, figures 4-6, holes 15a and 15b). The reference teaches that this flow of coolant suppresses variation in temperature distribution resulting in stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed. Nakamura and Shaffer are analogous because they both disclose cooling channels through bipolar battery stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to circulate coolant as disclosed by Nakamura. Doing so would provide stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed.
Soukhojak discloses a temperature regulating device comprising an inlet for heat transfer fluid and electrochemical cells, wherein the heat transfer fluid is circulated through the device (Soukhojak paragraphs 0007-0008, 0031). Soukhojak further discloses that the electrochemical cells may be lead-acid cells (Soukhojak paragraph 0058). The reference teaches that the heat transfer fluid may be at a temperature of 0 °C or 25 °C, within the claimed range. Soukhojak discloses that the device is capable of rapidly removing heat from an electrochemical cell (Soukhojak paragraph 0011). Soukhojak and Shaffer are analogous because they both disclose cooling means for a lead-acid battery.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Shaffer to include the coolant temperature disclosed by Soukhojak. Doing so would rapidly remove heat from the battery. Additionally, The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Soukhojak links the example heat transfer fluids to those known in the art (Soukhojak paragraph 0072). The familiar heat transfer fluids of the given temperatures have the predictable results of cooling the battery, rendering the limitation obvious.
Regarding claim 44-45, modified Shaffer discloses the limitations of claims 1 and 33. Shaffer does not explicitly disclose that the one or more fluids include one or more liquids, one or more gases, or a combination thereof.
Nakamura discloses a power storage device with a stacked structure which has a plurality of holes through which coolant flows (Nakamura paragraph 0014, figure 1). Nakamura further discloses that the power storage device is a bipolar battery and that the coolant flows and circulates through different regions of holes through inflow and outflow portions of the holes and may be either liquid or gas coolant (Nakamura paragraphs 0052-0063, 0073, figures 4-6, holes 15a and 15b). The reference teaches that the coolant cools the designated regions of the battery and prevents a variation in temperature (Nakamura paragraphs 0055-0056). Nakamura and Shaffer are analogous because they both disclose cooling channels for bipolar battery stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Shaffer to include liquid or gas coolant as disclosed by Nakamura. Doing so would cools the desired regions of the battery and prevent a variation in temperature.
Regarding claim 46, modified Shaffer discloses the limitations of claim 1. Shaffer further discloses that fluid can be transmitted through the channels for cooling (paragraph 0040), and that the battery plates are in contact with sulfuric acid solution electrolyte which is filled into the battery (Shaffer, paragraphs 0032, 0042, 0054, since the sulfuric acid electrolyte is filled and contacts the lead-based active material plates, the transmission of cooling fluid is considered to be equivalent to cooling during pickling).
Regarding claim 47, modified Shaffer discloses the limitations of claim 33. Shaffer further discloses that fluid can be transmitted through the channels for cooling (paragraph 0040), and that the battery plates are in contact with sulfuric acid solution electrolyte which is filled into the battery (Shaffer, paragraphs 0032, 0042, 0054, since the sulfuric acid electrolyte is filled and contacts the lead-based active material plates, the transmission of cooling fluid is considered to be equivalent to cooling during pickling).
Claims 3, 34, and 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et al. (US 20180069222 A1) in view of Nakamura (US 20100055547 A1) and Soukhojak et al. (US 20120263980 A1), and further in view of Coates, Jr. et al. (US 6422027 B1).
Regarding claim 3, modified Shaffer discloses the limitations of claim 1. Shaffer is silent regarding wherein the one or more cooling channels include, are in communication with, or both one or more heat exchangers.
Coates discloses a system for cooling a battery pack including refrigerant gas, a pump for compressing refrigerant, a conduit system coupled to the pump to deliver the refrigerant, and a low pressure conduit system which circulates the refrigerant throughout the battery pack (Coates Col. 1, line 57-Col. 2, line 3, figure 1). Coates further discloses that the conduits are in communication with a heat exchanger which removes thermal energy from the refrigerant and allows rapid and even cooling of the battery (Coates Col. 3 line 63-Col. 4, line 30, figure 1). Coates and Shaffer are analogous because they both disclose battery cooling systems with cooling channels.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to be in communication with a heat exchanger as disclosed by Coates. Doing so would provide rapid and even cooling of the battery.
Regarding claim 34, modified Shaffer discloses the limitations of claim 33. Shaffer is silent regarding the one or more fluids being circulated via one or more flow mechanisms.
Coates discloses a system for cooling a battery pack including refrigerant gas, a pump for compressing refrigerant, a conduit system coupled to the pump to deliver the refrigerant, and a low pressure conduit system which circulates the refrigerant throughout the battery pack (Coates Col. 1, line 57-Col. 2, line 3, figure 1). Coates further discloses that the refrigerant fluid is circulate via a pump and valves, resulting in rapid and even cooling of the battery (Coates Col. 3 line 63-Col. 4, line 30, figure 1). Coates and Shaffer are analogous because they both disclose battery cooling systems with cooling channels.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to circulate coolant via a pump and valves as disclosed by Coates. Doing so would provide rapid and even cooling of the battery.
Regarding claim 40, modified Shaffer discloses the limitations of claim 33. Shaffer is silent regarding affixing inserting and/or affixing one or more heat exchangers to the one or more channels.
Coates discloses a system for cooling a battery pack including refrigerant gas, a pump for compressing refrigerant, a conduit system coupled to the pump to deliver the refrigerant, and a low pressure conduit system which circulates the refrigerant throughout the battery pack (Coates Col. 1, line 57-Col. 2, line 3, figure 1). Coates further discloses that the conduits are in communication with a heat exchanger disposed in a conduit which removes thermal energy from the refrigerant and allows rapid and even cooling of the battery (Coates Col. 3 line 46-Col. 4, line 30, figure 1). Coates and Shaffer are analogous because they both disclose battery cooling systems with cooling channels.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to affix a heat exchanger to a channel as disclosed by Coates. Doing so would provide rapid and even cooling of the battery.
Regarding claims 41-42, modified Shaffer discloses the limitations of claim 1. Shaffer is silent regarding wherein one or more flow mechanisms are in communication with the one or more cooling channels to create a flow and/or circulation of the one or more fluids in the one or more cooling channels, and wherein the one or more flow mechanisms include one or more pumps, fans, valves, or a combination thereof.
Coates discloses a system for cooling a battery pack including refrigerant gas, a pump for compressing refrigerant, a conduit system coupled to the pump to deliver the refrigerant, and a low pressure conduit system which circulates the refrigerant throughout the battery pack (Coates Col. 1, line 57-Col. 2, line 3, figure 1). Coates further discloses that the refrigerant fluid is circulate via a pump and valves, resulting in rapid and even cooling of the battery (Coates Col. 3 line 63-Col. 4, line 30, figure 1). Coates and Shaffer are analogous because they both disclose battery cooling systems with cooling channels.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to circulate coolant via a pump and valves as disclosed by Coates. Doing so would provide rapid and even cooling of the battery.
Claims 35, 43, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer et al. (US 20180069222 A1) in view of Nakamura (US 20100055547 A1), and Soukhojak et al. (US 20120263980 A1) as applied to claims 1 and 33, and further in view of TenHouten (US 20110281145 A1).
Regarding claim 35, modified Shaffer discloses the limitations of claim 33. Shaffer is silent regarding the one or more fluids prior to being circulated through the one or more channels have a temperature differential with an interior of the bipolar battery assembly of about 25°C or greater; and wherein a temperature of the interior of the bipolar battery assembly is the temperature measured prior to or simultaneous with the one or more fluids passing therethrough; and wherein a temperature of the one or more fluids is the temperature measured prior to entering into the one or more cooling channels.
TenHouten discloses a thermal management system for a battery pack comprising a flowing heat transferring fluid (TenHouten paragraph 0004). TenHouten further discloses that the battery cells included may be lead-acid cells (TenHouten paragraph 0116). The reference teaches that when using a cooling fluid, heat transfer is driven by the temperature differential between the cooled object and the fluid, and that the battery is cooled by the temperature differential between the battery pack and the cooling fluid (TenHouten paragraphs 0109, 0131). TenHouten is clearly teaching that the temperature differential between the cooling fluid and the battery is a results effective variable that that controls the cooling of the battery. TenHouten and Shaffer are analogous because they both disclose lead-acid batteries with cooling means.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the claimed temperature differential between the battery assembly and fluids because it has been held by the courts that optimization of a results effective variable is not novel. In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 43, Shaffer discloses the limitations of claim 1. Shaffer is silent regarding the one or more fluids prior to being circulated through the one or more channels have a temperature differential with an interior of the bipolar battery assembly of 25°C or greater.
TenHouten discloses a thermal management system for a battery pack comprising a flowing heat transferring fluid (TenHouten paragraph 0004). TenHouten further discloses that the battery cells included may be lead-acid cells (TenHouten paragraph 0116). The reference teaches that when using a cooling fluid, heat transfer is driven by the temperature differential between the cooled object and the fluid, and that the battery is cooled by the temperature differential between the battery pack and the cooling fluid (TenHouten paragraphs 0109, 0131). TenHouten is clearly teaching that the temperature differential between the cooling fluid and the battery is a results effective variable that that controls the cooling of the battery. TenHouten and Shaffer are analogous because they both disclose lead-acid batteries with cooling means.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the claimed temperature differential between the battery assembly and fluids because it has been held by the courts that optimization of a results effective variable is not novel. In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 48, Shaffer discloses a method of assembling and cooling a bipolar battery assembly (paragraph 0002), the method comprising: a) forming an electrode plate stack by stacking a plurality of electrode plates to create a plurality of electrochemical cells therebetween (paragraph 0006, figure 7) and one or more channels passing transversely through the plurality of electrode plates, wherein the one or more channels include one or more cooling channels (paragraph 0030, figure 1, channel 16), wherein one or more active materials are on one or more substrates of the plurality of electrode plates which function as a cathode and/or an anode (paragraph 0006), wherein the one or more active materials are in paste form (paragraph 0034), and wherein the one or more active materials are lead based such that the bipolar battery assembly is a lead acid battery (paragraph 0034); b) filling the plurality of electrochemical cells with a liquid electrolyte (paragraph 0054), wherein the one or more channels pass transversely through the liquid electrolyte (paragraph 0030); wherein the one or more cooling channels extend from one end to an opposing end of the bipolar battery assembly (paragraph 0040, figures 1 and 10, channel 16); wherein the one or more cooling channels include one or more seals therein to seal the one or more channels from the liquid electrolyte (paragraph 0030), wherein the one or more cooling channels are sealed such that one or more fluids communicated through the one or more cooling channels are prevented from flowing out of the one or more cooling channels into any part of an interior of the battery assembly (Shaffer paragraphs 0040, 0043, figure 1, seal 15). Shaffer further discloses that the battery plates are in contact with sulfuric acid solution electrolyte which is filled into the battery (Shaffer, paragraphs 0032, 0042, 0054, since the sulfuric acid electrolyte is filled and contacts the lead-based active material plates, the transmission of cooling fluid is considered to be equivalent to cooling during pickling). Shaffer does not explicitly disclose circulating one or more fluids through the one or more cooling channels of the bipolar battery assembly wherein the one or more fluids prior to being circulated through the one or more cooling channels have a temperature differential with an interior of the bipolar battery assembly of 25°C or greater; and wherein the one or more fluids have a temperature of 0°C to 30°C.
Nakamura discloses a power storage device with a stacked structure which has a plurality of holes through which coolant flows (Nakamura paragraph 0014, figure 1). Nakamura further discloses that the power storage device is a bipolar battery and that the coolant flows and circulates through different regions of holes through inflow and outflow portions of the holes (Nakamura paragraphs 0052-0063, figures 4-6, holes 15a and 15b). The reference teaches that this flow of coolant suppresses variation in temperature distribution resulting in stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed. Nakamura and Shaffer are analogous because they both disclose cooling channels through bipolar battery stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling channels disclosed by Shaffer to circulate coolant as disclosed by Nakamura. Doing so would provide stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed.
Soukhojak discloses a temperature regulating device comprising an inlet for heat transfer fluid and electrochemical cells, wherein the heat transfer fluid is circulated through the device (Soukhojak paragraphs 0007-0008, 0031). Soukhojak further discloses that the electrochemical cells may be lead-acid cells (Soukhojak paragraph 0058). The reference teaches that the heat transfer fluid may be at a temperature of 0 °C or 25 °C, within the claimed range. Soukhojak discloses that the device is capable of rapidly removing heat from an electrochemical cell (Soukhojak paragraph 0011). Soukhojak and Shaffer are analogous because they both disclose cooling means for a lead-acid battery.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Shaffer to include the coolant temperature disclosed by Soukhojak. Doing so would rapidly remove heat from the battery. Additionally, The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Soukhojak links the example heat transfer fluids to those known in the art (Soukhojak paragraph 0072). The familiar heat transfer fluids of the given temperatures have the predictable results of cooling the battery, rendering the limitation obvious.
TenHouten discloses a thermal management system for a battery pack comprising a flowing heat transferring fluid (TenHouten paragraph 0004). TenHouten further discloses that the battery cells included may be lead-acid cells (TenHouten paragraph 0116). The reference teaches that when using a cooling fluid, heat transfer is driven by the temperature differential between the cooled object and the fluid, and that the battery is cooled by the temperature differential between the battery pack and the cooling fluid (TenHouten paragraphs 0109, 0131). TenHouten is clearly teaching that the temperature differential between the cooling fluid and the battery is a results effective variable that that controls the cooling of the battery. TenHouten and Shaffer are analogous because they both disclose lead-acid batteries with cooling means.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the claimed temperature differential between the battery assembly and fluids because it has been held by the courts that optimization of a results effective variable is not novel. In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980).
Response to Arguments
Applicant’s arguments with respect to claims 1, 33, and 48 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/B.T.L./ Examiner, Art Unit 1727
/Maria Laios/ Primary Examiner, Art Unit 1727