DETAILED ACTION
Summary
In view of the Appeal Brief filed on February 3, 2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721
In view of the Appeal Brief filed, February 3, 2026, the rejections of claims 1-19 under 35 U.S.C. 103 previously presented in the Office Action sent September 15, 2025 have been withdrawn.
Claims 1-19 are currently pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boddakayala et al. (U.S. Pub. No. 2022/0181714 A1).
With regard to claim 1, Boddakayala et al. discloses a traction battery assembly, comprising:
a thermal exchange plate (30, Fig. 2);
a battery array disposed on the thermal exchange plate (24a depicted in Fig. 2, 6, and 7 as disposed on the cited thermal exchange plate 30);
an enclosure structure supporting the battery array and the thermal exchange plate (an enclosure structure such as housing 22 depicted in Fig. 2 as supporting the cited battery array 24a and thermal exchange plate 30 by covering an interior region which the battery array 24a and thermal exchange plate 30 are disposed); and
a thermal barrier sandwiched between the thermal exchange plate and the enclosure structure (as depicted in Fig. 2, a thermal barrier 38 sandwiched between, or physically intermittent, a portion of the thermal exchange plate 30 and the enclosure structure 22 at component 36).
With regard to claim 16, Boddakayala et al. discloses method of shielding areas of a traction battery pack from thermal energy, comprising:
positioning a thermal barrier between a thermal exchange plate and an enclosure structure (as depicted in Fig. 2, positioning a thermal barrier 38 between, or physically intermittent, a portion of a thermal exchange plate 30 and an enclosure structure 22 at component 36),
the thermal barrier configured to block transfer of thermal energy from the thermal exchange plate to the enclosure structure (see Fig. 2 and see [0036]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7, 10, 12-14, 16, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haag et al. (U.S. Pub. No. 2018/0294450 A1) in view of Dietz et al. (U.S. Pub. No. 2023/0058396 A1).
With regard to claims 1 and 16, Haag et al. discloses a traction battery assembly and a method of shielding areas of a traction battery pack from thermal energy, comprising:
a thermal exchange plate (140, Fig. 4);
a battery array disposed on the thermal exchange plate (as depicted in Fig. 4, a battery array 18 disposed on the thermal exchange plate 140);
an enclosure structure supporting the battery array and the thermal exchange plate (as depicted in Fig. 4, an enclosure structure 64/68 supporting the battery array 18 and the thermal exchange plate 140).
Haag et al. does not disclose a thermal barrier sandwiched between the thermal exchange plate and the enclosure structure.
However, Dietz et al. discloses a battery assembly (see Title and Abstract) and teaches an enclosure structure (8/9, Fig. 2) and teaches a thermal barrier 1 can be placed on the top, bottom, and sidewalls surfaces of the enclosure (see [0078-0080]) in order to manage battery module thermal runaway incidents (see [0002]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the enclosure of Haag et al. to include applying a thermal barrier on the top, bottom, and sidewall surfaces of the enclosure, as suggested by Dietz et al., because it would have provided for managing battery module thermal runaway incidents.
With regard to claim 2, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al., as modified above, discloses wherein
the thermal barrier is in direct contact with the thermal exchange plate (see Fig. 2 and [0059] teaching the battery array 18 is fastened to the cited enclosure at floors 128/120 through the cited thermal exchange plate 140 which, as modified above to include the cited thermal barrier suggested by Dietz et al. on the bottom surface of the enclosure, would place the thermal barrier in direct contact with the cited thermal exchange plate 140).
With regard to claim 3, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al., as modified above, discloses wherein
the thermal barrier includes a pocket that receives the thermal exchange plate (as depicted in Fig. 2, the sidewall surfaces 124/132 and the floors 120/128 of the cited enclosure 64/68 form a pocket that receives the thermal exchange plate 140 which, as modified above to include the thermal barrier suggested by Deitz et al. on the bottom and sidewall surfaces of the enclosure, would provide for the cited thermal barrier includes a pocket that receives the thermal exchange plate)
such that the thermal barrier interfaces directly with a plurality of sides of the thermal exchange plate (see Fig. 2 and [0059] teaching the battery array 18 is fastened to the cited enclosure at floors 128/120 through the cited thermal exchange plate 140 which, as modified above to include the cited thermal barrier suggested by Dietz et al. on the bottom surface of the enclosure, would provide the cited thermal barrier interfacing directly with a plurality of sides of the thermal exchange plate 140, such as the right side and the left side of the bottom surface of the cited thermal exchange plate 140).
With regard to claims 4 and 19, independent claims 1 and 16 obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al. discloses wherein
the enclosure structure is an enclosure mid-tray (as depicted in Fig. 4, the enclosure structure at component 68 is an enclosure mid-tray).
With regard to claims 5 and 17, independent claims 1 and 16 are obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al. discloses wherein
the battery array is an upper tier battery array (as depicted in Fig. 4, the battery array at component 18b is an upper tier battery array).
With regard to claim 6, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al. discloses wherein
the enclosure structure is an enclosure tray (as depicted in Fig. 4, the enclosure structure at component 24 is an enclosure tray).
With regard to claim 7, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al. discloses wherein
the battery array is a lower tier battery array (as depicted in Fig. 2, the battery array at component 18a is a lower tier battery array).
With regard to claim 10, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al. discloses further comprising
a plurality of mechanical fasteners that fasten the thermal barrier to the thermal exchange plate (see [0059] teaching the battery array 18 is fastened to the cited enclosure at floors 128/120 through the cited thermal exchange plate 140 which, as modified above to include the cited thermal barrier suggested by Dietz et al. on the bottom surface of the enclosure, would provide a plurality of mechanical fasteners that fasten the cited thermal barrier to the cited thermal exchange plate 140).
With regard to claim 12, independent claim 1 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above. Haag et al., as modified above, discloses wherein
the thermal barrier is adhesively secured to the thermal exchange plate (see [0082] of Dietz et al. teaching the cited thermal barrier can be bonded to walls using a binder, which is cited to read on the claimed adhesively secured to the cited thermal exchange plate as modified above).
With regard to claims 13 and 14, Haag et al. discloses a traction battery assembly, comprising:
an upper tier thermal exchange plate (upper 140, Fig. 4)
at least one upper tier battery array disposed on the upper tier thermal exchange plate (as depicted in Fig. 4, at least one upper tier battery array 18b disposed on the upper tier thermal exchange plate 140);
a lower tier thermal exchange plate (lower 140, Fig. 4);
at least one lower tier battery array, the lower tier battery array disposed on the lower tier thermal exchange plate (as depicted in Fig. 4, at least one lower tier battery array 18a, the lower tier battery array 18a disposed on the lower tier thermal exchange plate 140);
an enclosure mid-tray supporting the upper tier thermal exchange plate and the at least one upper tier battery array at a position that is vertically above the lower tier thermal exchange plate and the lower tier battery array (as depicted in Fig. 4, an enclosure mid-tray 68 supporting the upper tier thermal exchange plate 140 and the at least one upper tier battery array 18b at a position that is vertically above the lower tier thermal exchange plate 140 and the lower tier battery array 18a);
an enclosure tray supporting the lower tier thermal exchanger plate and the at least one lower tier battery array (as depicted in Fig. 4, an enclosure tray 64 supporting the lower tier thermal exchanger plate 140 and the at least one lower tier battery array 18a).
Haag et al. does not disclose an upper tier thermal barrier sandwiched between the upper tier thermal exchange plate and the enclosure mid-tray and a lower tier thermal barrier sandwiched between the lower tier thermal exchange plate and the enclosure tray.
However, Dietz et al. discloses a battery assembly (see Title and Abstract) and teaches an enclosure structure (8/9, Fig. 2) and teaches a thermal barrier 1 can be placed on the top, bottom, and sidewalls surfaces of the enclosure (see [0078-0080]) in order to manage battery module thermal runaway incidents (see [0002]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the enclosure mid-tray and tray of Haag et al. to include applying a thermal barrier on the top, bottom, and sidewall surfaces of the enclosure, as suggested by Dietz et al., because it would have provided for managing battery module thermal runaway incidents.
Claim(s) 8, 9, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haag et al. (U.S. Pub. No. 2018/0294450 A1) in view of Dietz et al. (U.S. Pub. No. 2023/0058396 A1), and in further view of Boddakayala et al. (U.S. Pub. No. 2022/0200079 A1).
With regard to claims 8, 9, 15, and 18, independent claims 1, 13, and 16 are obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above.
Haag et al., as modified above, does not disclose wherein the thermal barrier comprises an intumescent.
However, Boddakayala et al. discloses a traction battery assembly (see Title and Abstract) and teaches a thermal barrier can include an intumescent and an aerogel having endothermic filler (see [0019], [0021], and [0057]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have selected the thermal barrier material of Boddakayala et al. for the cited thermal barriers of Haag et al., as modified above, because the selection of a known material based on its suitability for its intended use, in the instant case a thermal barrier material for a battery assembly, supports a prima facie obviousness determination (see MPEP 2144.07).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haag et al. (U.S. Pub. No. 2018/0294450 A1) in view of Dietz et al. (U.S. Pub. No. 2023/0058396 A1), and in further view of Boddakayala et al. (U.S. Pub. No. 2015/0111074 A1).
With regard to claim 11, dependent claim 10 is obvious over Haag et al. in view of Dietz et al. under 35 U.S.C. 103 as discussed above.
Haag et al. does not disclose wherein the plurality of mechanical fasteners comprise ap plurality of rivets.
However, Boddakayala et al. discloses a battery assembly (see Title and Abstract) and teaches mechanical fasteners can be bolts or rivets (see [0038]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have substituted the fasteners in the assembly of Haag et al., as modified above, for the rivets suggested by Boddakayala et al. because the simple substitution of an element known in the art to perform the same function, in the instant case mechanical fastening, supports a prima facie obviousness determination (see MPEP 2143 B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 PM.
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/DUSTIN Q DAM/Primary Examiner, Art Unit 1721 September 25, 2026
