DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment filed 05/19/2026 has been entered. Claims 1, 3, 6, 9, 11, 14-15, 33-35, and 40-48 are currently pending. Claims 1, 6, 14, 33, and 48 are amended. Support, while not specifically pointed out, for the amended claims is found in the claims as originally filed and in paragraphs 0008 and 0038 of the examined specification.
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, 14-15, 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), wherein an electrochemical cell is formed between the each pair of electrode plates (paragraph 0029, 0031); and d) one or more channels passing transversely through the plurality of electrode plates and the liquid electrolyte such as to pass through an active region of each electrochemical cell (paragraph 0030, 0057, 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 channels are formed by one or more openings in each individual electrode plates of the plurality of electrode plates which are aligned with one another (paragraphs 0043, 0059, figure 7); 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 and the liquid electrolyte is prevented from flowing into the one or more cooling channels (paragraphs 0040, 0043, figure 1, seal 15, facilitates liquid sealing); and wherein the one or more seals run an entire length of the one or more cooling channels in which they are located (paragraphs 0041, 0060, figure 10, seals or posts 17 run entire length of channels 16). 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 holes include an insulating layer formed on the inner peripheral surface thereof, or metal pins inserted into the holes comprising the insulating layer (Nakamura paragraph 0041, 0085). 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 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 14, modified Shaffer discloses the limitations of claim 1. 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) and through the active regions of the electrochemical cells (paragraph 0030, 0057, figure 1, channel 16); 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 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 (paragraphs 0043, 0059, figure 7); 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) flowing into the one or more cooling channels (paragraphs 0040, 0043, figure 1, seal 15, facilitates liquid sealing); wherein the one or more seals run an entire length of the one or more cooling channels (paragraphs 0041, 0060, figure 10, seals or posts 17 run entire length of channels 16), 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 (paragraphs 0040, 0043, figure 1, seal 15, facilitates liquid sealing). 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 holes include an insulating layer formed on the inner peripheral surface thereof, or metal pins inserted into the holes comprising the insulating layer (Nakamura paragraph 0041, 0085). 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) and through active regions of the electrochemical cells (paragraph 0030, 0057, figure 1, channel 16); and wherein 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 (paragraphs 0043, 0059, figure 7), 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) flowing into the one or more cooling channels (paragraphs 0040, 0043, figure 1, seal 15, facilitates liquid sealing); wherein the one or more seals run an entire length of the one or more cooling channels (paragraphs 0041, 0060, figure 10, seals or posts 17 run entire length of channels 16), 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 (paragraphs 0040, 0043, figure 1, seal 15, facilitates liquid sealing). 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 holes include an insulating layer formed on the inner peripheral surface thereof, or metal pins inserted into the holes comprising the insulating layer (Nakamura paragraph 0041, 0085). 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 filed 05/19/2026 have been fully considered but they are not persuasive.
Applicant argues that the cited references fail to teach the limitations of amended claim 1. Applicant asserts that the references do not disclose the seals running an entire length of the cooling channels, or sealing against the fluid flowing out of the cooling channels. However, Shaffer does disclose seals running along the entire length of the cooling channels and discloses sealing means for the electrode plates which facilitate liquid sealing (see claim 1 rejection), meeting the claimed limitations. Furthermore, Nakamura discloses a polymer insulating layer or metal pins on the inside of the cooling channels (see claim 1 rejection).
Applicant argues that Nakamura teaches unsealed holes and that there is no teaching of how to modify the structure of Shaffer with the structure of Nakamura. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Nakamura teaches a similar configuration to Shaffer, including cooling channels formed within the battery plates with an insulating layer formed on an inner peripheral surface of the channels. Nakamura further teaches that the coolant circulation through the channels suppresses variation in temperature distribution resulting in stable charge/discharge performance allowing a reduction in the life of the bipolar battery to be suppressed. Therefore, one of ordinary skill in the art would find it obvious to modify the configuration of Shaffer with the similar channels of Nakamura to achieve the disclosed advantages.
Applicant also asserts that the skilled artisan would not look to Soukhojak due to the difference in structure. However, both Soukhojak and Shaffer are in the same field of endeavor as they both disclose lead-acid cells with coolant within cooling channels (Soukhojak abstract, fluid compartments 16 which circulate coolant). Furthermore, both inventions address the problem of internal heat management. Therefore, one of ordinary skill in the art would be motivated to look to Soukhojak to improve the temperature of the coolant, which would not require substantial redesign of the cooling channels of Shaffer.
Similarly, Applicant states that Coates Jr. does not teach internal channels and therefore the skilled artisan would not look to Coates Jr. and its incorporation would require substantial redesign. However, Coates Jr. discloses a channel or conduit system to circulate coolant throughout the battery pack, and teaches the inclusion of the claimed flow mechanisms to the channels. Coates discloses the advantages of rapid and even cooling, motivating the skilled artisan to include the mechanisms as disclosed by Coates in the channels of Shaffer, which would not require substantial redesign to the channels taught by Shaffer. Further, Coates is in the same field of endeavor of cooling means for batteries, and similarly addresses the problem of battery heat management.
Applicant argues that there is no reasoning as to why a skilled artisan would modify the cited combination of references with TenHouten. However, TenHouten is in the same field of endeavor and addresses similar problems of battery heat management using a cooling fluid. Furthermore, TenHouten clearly teaches that that the temperature differential between the cooling fluid and the battery is a results effective variable that that controls the cooling of the battery. One of ordinary skill in the art would therefore be motivated to look to the analogous reference of TenHouten and be motivated to optimize the temperature differential to reach the claimed configuration, which does not require substantial redesign of the cited references. 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).
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 BENJAMIN T LUSTGRAAF whose telephone number is (571)272-0165. The examiner can normally be reached Monday - Friday 8:30 am - 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
Prosecution Insights