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 to the claims has overcome the 112(b) rejections to the claims previously set forth in the Non-Final Office Action mailed 7/23/2025.
Applicant resolved the IDS issue noted in the Non-Final Office Action mailed 7/23/2025.
The amendment filed 7/23/2025 has been entered. Claims 1, 3, 4, and 6-22 remain pending in this application.
The amendment filed 7/23/2025 is rejected under 112(a) because it introduces new matter into the claims. 35 U.S.C. 112(a) states that no amendment shall introduce new matter into the claims of the invention. The added material which is not supported by the original disclosure is explained below.
Applicant is required to cancel the new matter in the reply to this Office Action.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 5-8 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument
Omi et al. teaches a thermal management system fluidly connected to the one or more battery packages by Fig. 1, Fig. 3, Fig. 18A, and [0088] in which the battery package as shown in Fig. 3 or the three shown in 18A are operably connected to the thermal management system, the battery cooling unit 10, via the cooler(s) 14 within them, the thermal management system having a flow of coolant flowing therethrough by the refrigerant circulation in [0088];
Omi et al. teaches multiple flow passages having the flow of coolant flowing therethrough, the coolant flow passages in thermal contact with the inter-cell separator by the passages through coolers 14M, 14N, and 14U in which coolant flows through in [0246] and [0259-260] that each are connected between 14a and 14c inlet and outlet of the respective cooler. These passages are in thermal contact with the inter-cell separator via the inter-cell separator via the fluid passing through and heat transfer due to conduction and convection from the passage way to the rest of the coolers and supported by what is discussed in [0091], [0093], [0095], [0111], and Fig. 18a. Omi et al. teaches wherein the inter-cell separator is configured to conduct thermal energy from the plurality of battery cells by [0091], [0093], [0111], and Fig. 18a, and transfer the thermal energy into the flow of coolant flowing through the coolant passages by [0091], [0093], [0095], [0111], and Fig. 18a.
Omi et al. fails to explicitly teach in this embodiment two or more coolant flow passages having the flow of coolant flowing therethrough, the two or more coolant flow passages in thermal contact with the inter-cell separator, the two or more coolant flow passages extending along opposing lateral sides of the one or more battery packages;
However, other embodiments of Omi et al. teach two fluidic passage ways on opposite lateral sides of the battery cells and inter-cell separators formed between 14a and 14b, and 14c and an inlet not labeled of the liquid and gas-phase refrigerants in [0096-0099], [0118-0119], [0175], Fig. 1, Fig 4, Fig. 9, Fig. 10, Fig. 16.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the passageways of the third embodiment of Omi et al., similar to the first two embodiments of Omi et al., to have parallel liquid and gas-phase refrigerant passageways. The result would be increased heat transfer between the refrigerant and the coolers and also a more compact design. This would result in the inter-cell separator being configured to conduct thermal energy from the plurality of battery cells by [0091], [0093], [0111], and Fig. 18a, and transfer the thermal energy into the flow of coolant flowing through the two or more coolant passages by [0091], [0093], [0095], [0111], and Fig. 18a and the combined teachings of Omi et al.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 21, the new claim includes the limitation: direct the flow of coolant through the two or more coolant flow passages in a fluidly parallel direction. However, it is not clear where support for this limitation lies within the instant specification and drawings and if the applicant intended to cite the intercell separators as having fluid flow in a fluidly parallel direction. Support within the specification for amended limitations need to be clear.
In regard to claim 22, the new claim includes the limitation: direct the flow of coolant through the two or more coolant flow passages in a fluidly serial direction. However, it is not clear where support for this limitation lies within the instant specification and drawings and if the applicant intended to cite the intercell separators as having fluid flow in a fluidly serial direction. While [0031] notes the coolant passages are arranged in series, that doesn’t necessarily correlate with coolant flow passages in a fluidly serial direction. Support within the specification for amended limitations need to be clear.
Claim Rejections - 35 USC § 103
Claims 1, 3, 6-8, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Omi et al. (US 2020/0088471 A1). Omi et al. was cited in the non-final rejection filed 4/23/2025.
Regarding claim 1, Omi et al. teaches a battery system by the battery cooling unit in [0006] of an aircraft by airplane in [0365] comprising:
one or more battery packages by the plurality of batteries surrounding the cooler in Fig. 3 and three battery packages shown in Fig. 18A. [0224] and [0240] establish details not changed from the first embodiment will not be repeated. Omi et al. teaches each battery package including a plurality of battery cells by the multiple secondary batteries 12a and 12b making batteries 13 [0078] in Fig. 1, 3, 4, 18A, and 18B;
Omi et al. teaches a thermal management system fluidly connected to the one or more battery packages by Fig. 1, Fig. 3, Fig. 18A, and [0088] in which the battery package as shown in Fig. 3 or the three shown in 18A are operably connected to the thermal management system, the battery cooling unit 10, via the cooler(s) 14 within them, the thermal management system having a flow of coolant flowing therethrough by the refrigerant circulation in [0088];
wherein thermal energy is dissipated from the one or more battery packages via a phase change of the flow of coolant by [0089-0091]; and
a condenser heat exchanger fluidly connected to the flow of coolant to condense the flow of coolant to saturated liquid by the condenser 30 in [0088] which would be reasonably capable of condensing the refrigerant to a saturated liquid.
wherein the thermal management system includes:
a thermally conductive inter-cell separator disposed between adjacent battery cells of the plurality of battery cells by coolers 14M 14N, and 14U in [0249], [0252], Fig. 18A and that the same applies for cooler 14U being disposed between a pair of secondary batteries 12a and 12b;
Omi et al. teaches multiple flow passages having the flow of coolant flowing therethrough, the coolant flow passages in thermal contact with the inter-cell separator by the passages through coolers 14M, 14N, and 14U in which coolant flows through in [0246] and [0259-260] that each are connected between 14a and 14c inlet and outlet of the respective cooler. These passages are in thermal contact with the inter-cell separator via the inter-cell separator via the fluid passing through and heat transfer due to conduction and convection from the passage way to the rest of the coolers and supported by what is discussed in [0091], [0093], [0095], [0111], and Fig. 18a. Omi et al. teaches wherein the inter-cell separator is configured to conduct thermal energy from the plurality of battery cells by [0091], [0093], [0111], and Fig. 18a, and transfer the thermal energy into the flow of coolant flowing through the coolant passages by [0091], [0093], [0095], [0111], and Fig. 18a.
Omi et al. fails to explicitly teach in this embodiment two or more coolant flow passages having the flow of coolant flowing therethrough, the two or more coolant flow passages in thermal contact with the inter-cell separator, the two or more coolant flow passages extending along opposing lateral sides of the one or more battery packages;
However, other embodiments of Omi et al. teach two fluidic passage ways on opposite lateral sides of the battery cells and inter-cell separators formed between 14a and 14b, and 14c and an inlet not labeled of the liquid and gas-phase refrigerants in [0096-0099], [0118-0119], [0175], Fig. 1, Fig 4, Fig. 9, Fig. 10, Fig. 16.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the passageways of the third embodiment of Omi et al., similar to the first two embodiments of Omi et al., to have parallel liquid and gas-phase refrigerant passageways. The result would be increased heat transfer between the refrigerant and the coolers and also a more compact design. This would result in the inter-cell separator being configured to conduct thermal energy from the plurality of battery cells by [0091], [0093], [0111], and Fig. 18a, and transfer the thermal energy into the flow of coolant flowing through the two or more coolant passages by [0091], [0093], [0095], [0111], and Fig. 18a and the combined teachings of Omi et al.
Regarding claim 3, Omi et al. teaches wherein the inter-cell separator is formed from a thermally conductive material by [0111].
Regarding claim 6, Omi et al. teaches further comprising one or more suppressant nozzles by the flow channels opening 92b side of valve case 92 [0254-0256], operably connected to the two or more coolant flow passages by the connection to the inlet 14a and outlet 14C 14N and 14U as seen in [0245-0246], [0254-0256], and Fig. 18a. Upon the combination of embodiments of Omi et al. as recited in the rejection of claim 1, liquid-phase and gas-phase refrigerant passages would be fluidically connected to the parallel coolant flow passages of gas-phase and liquid-phase coolant passages and therefore operably connected.
Regarding claim 7, Omi et al. teaches wherein the one or more suppressant nozzles are configured to selectably emit the flow of coolant into the battery cells by how the valves 90 and 91 that contain the nozzle of the opening 92b sides of the valve case 92 are on/off valves to emit the flow of refrigerant through bypass pipe 83 and 84 to coolers 14N and 14U.
Regarding claim 8, Omi et al. teaches wherein the condenser heat exchanger is a coolant to air heat exchanger by [0100-0101].
Regarding claim 21, upon the combination of embodiments of Omi et al. as recited in the rejection of claim 1, the thermal management system that is configured to direct the flow of coolant through the coolant flow passages as supported by Fig. 1, Fig. 3, Fig. 18A, and [0088] would direct the flow of coolant in fluidly parallel directions as supported by the combination of the first two embodiments parallel liquid and gas-phase refrigerant passages in Fig. 1, Fig 4, Fig. 9, Fig. 10, Fig. 16 with the third embodiment of Omi et al.. The phrase “parallel directions” is read on because the coolant channels are side-by-side or in parallel vectors and doesn’t require the channels to be in the same direction. See annotated Fig. A below for further clarification.
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Figure A. Annotated Fig. A
Regarding claim 22, The third embodiment of Omi et al teaches coolant flow passages in fluidly serial direction by in Fig. 18A how the passages through coolers 14M, 14N, and 14U in which coolant flows through in [0246] and [0259-260] that each are connected between 14a and 14c inlet and outlet of the respective cooler are in a series. Upon the combination of embodiments of Omi et al. as recited in the rejection of claim 1, the thermal management system that is configured to direct the flow of coolant through the coolant flow passages as supported by Fig. 1, Fig. 3, Fig. 18A, and [0088] would direct the flow of coolant in fluidly serial directions of the liquid-phase refrigerant in series with the gas-phase refrigerant as supported by the combination of the first two embodiments serial liquid-phase refrigerant to gas-phase refrigerant passages in Fig. 1, Fig 4, Fig. 9, Fig. 10, Fig. 16 with the third embodiment of Omi et al.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Omi et al. (US 2020/0088471 A1) as applied to claim 1 above, and further in view of Schmid et al. (US 2016/0056512 A1). Schmid et al. was cited in the non-final rejection filed 4/23/2025.
Regarding claim 4, Omi et al. teaches the cooler 14 is made of, for example, a metal having a high thermal conductivity in [0093].
Omi et al. fails to explicitly teach wherein the inter-cell separator is formed from a polymer with a metal coating such that the polymer inhibits thermal energy transfer between adjacent battery cells and the metal coating provides for transfer of thermal energy toward the two or more coolant passages.
However, Schmid et al. teaches a heat exchanger component for a battery cooling system for an electric or hybrid vehicle that can have fluid ducts by [0011] and [0032] made of a plastic laminate with integrated metal layers in [0032]. Plastics are a subset of polymers. Schmid et al. teaches in [0033], the carrier material 2, may be made of plastics for relatively high strength and relatively low weight and the multi-layer construction makes it possible for individual layers to be assigned individual functions, such as for example heating/cooling, electrical insulation or thermal insulation and/or diffusion sealing. Schmid et al. teaches that the invention produces compact and optimum heat exchange in [0006].
Other embodiments of Omi et al. teach two fluidic passage ways on opposite lateral sides of the battery cells and inter-cell separators formed between 14a and 14b, and 14c and an inlet not labeled of the liquid and gas-phase refrigerants in [0096-0099], [0118-0119], [0175], Fig. 1, Fig 4, Fig. 9, Fig. 10, Fig. 16 and shown in the annotated Fig. A below.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the cooler 14 of Omi et al. to be the plastic metal interlayer construction of Schmid et al. for relatively high strength and relatively low weight and the multi-layer construction makes it possible for individual layers to be assigned individual functions, such as for example heating/cooling, electrical insulation or thermal insulation and/or diffusion sealing as discussed in [0033] of Schmid et al.. It would also be obvious because Schmid et al. teaches that the invention produces compact and optimum heat exchange in [0006]. Upon the combination, the metal would be reasonably capable of transferring thermal energy toward the two or more coolant passages and the plastic would be reasonably expected to be capable of inhibiting thermal energy transfer between adjacent battery cells because of the inherent properties of thermal conduction and thermal insulation respectively of metal and plastics and because the materials of Schmid et al. are indistinguishable from the claimed structure. See MPEP 2114. Furthermore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the passageways of the third embodiment of Omi et al., similar to the first two embodiments of Omi et al., to have parallel liquid and gas-phase refrigerant passageways. The result would be increased heat transfer between the refrigerant and the coolers and also a more compact design.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Omi et al. (US 2020/0088471 A1) as applied to claim 1 above, and further in view of Kang et al. (KR 20200022250 A). Kang was cited in the non-final rejection filed 4/23/2025.
Regarding claim 9, Omi et al. teaches the flow of coolant evaporates from a liquid in [0068].
Omi et al. fails to explicitly teach wherein the flow of coolant changes phase from liquid to vapor phase in a range of 10 degrees to 45 degrees Celsius.
However, Kang et al. teaches using low GWP refrigerant for cooling fuel cell vehicles in [0010] and condensation of refrigerant in [0013], has the advantage of being able to respond immediately to the regulation of refrigerant due to low toxicity, flammability, explosiveness, and low GWP, and to operate at low pressure in [0017].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerant of Omi et al. to be the low GWP refrigerant at low pressure of Kang et al. because it has the advantage of being able to respond immediately to the regulation of refrigerant due to low toxicity, flammability, explosiveness, and low GWP, and to operate at low pressure as established in [0017] of Kang et al. This refrigerant relates to the function of the coolant in claim 9 (MPEP 2114) which the structure of the prior art is reasonably expected to be capable of performing as the structure of the prior art is indistinguishable from the claimed structure of claim 9, the structure of claim 10 which is dependent upon claim 9, and the structure capable of performing this function in [0033] of the instant specification.
Regarding claim 10, Omi et al. fails to explicitly teach wherein the flow of coolant is one of low-pressure water, low pressure low global warming potential (GWP) refrigerant, refrigerant R1233zd(E) or R125.
However, Kang et al. teaches using low GWP refrigerant for cooling fuel cell vehicles in [0010] and condensation of refrigerant in [0013], has the advantage of being able to respond immediately to the regulation of refrigerant due to low toxicity, flammability, explosiveness, and low GWP, and to operate at low pressure in [0017].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerant of Ohmi et al. to be the low GWP refrigerant at low pressure of Kang et al. because it has the advantage of being able to respond immediately to the regulation of refrigerant due to low toxicity, flammability, explosiveness, and low GWP, and to operate at low pressure as established in [0017] of Kang et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2018/168276 A1 teaches a heat exchanger in-between adjacent battery cells that uses coolant that changes phases. This was cited in the IDS filed 12/18/2023.
DE 102011011650 A1 teaches a U-shaped Cooling Plate With Solid Ribs For Lithium Pouch Cells.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J METZGER whose telephone number is (571)272-0170. The examiner can normally be reached Monday - Thursday (1st week) or Monday - Friday (2nd week) 7:30am-5:00am - 9-day biweekly schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Milton Cano can be reached at (313) 446-4937. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.J.M./Examiner, Art Unit 1723
/MILTON I CANO/Supervisory Patent Examiner
Art Unit 1723
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