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 10/20/2025 has been entered. Claims 1-2, 5-15, and 21-27 are currently pending. Claim 1 is amended. Claims 21-27 are new. Support for the new and amended claims, while not specifically pointed out, is found in paragraphs 0038, 0043-0044, 0048, 0052, and 0055 of the present specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 25 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 25, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The use of the phrase makes the scope of the excluded support elements unclear.
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 1-2, 5-13, 15, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gunna et al. (US 20170047624 A1) in view of March (US 20170125863 A1).
Regarding claim 1, Gunna discloses a traction battery pack (paragraph 0041), comprising: an enclosure assembly including an enclosure tray and an enclosure cover that is securable to the enclosure tray (paragraphs 0048-0049, figure 2); a cell-to-pack battery system housed within the enclosure assembly and including a cell matrix (paragraphs 0048-0049, battery cells 56 and array 60); and the enclosure tray includes a floor and a plurality of side walls that protrude upwardly from the floor (paragraph 0048), and the floor and the plurality of side walls are integrated with one another to form a cell-compressing opening of the enclosure tray (paragraphs 0048-0050), wherein the floor of the enclosure tray includes a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (paragraphs 0051-0052, figures 2-3, fluid channels 76). Gunna is silent regarding a second chamber that provides an air gap for insulating the cell matrix from an exterior environment.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that the air gap serves to limit the thermal transfer of heat from the external environment into the internal cooling circuit, improving the efficiency of the cooling circuit (March paragraph 0056). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the second chamber that provides an air gap disclosed by March. Doing so would improve the efficiency of the cooling structure.
Regarding claim 2, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the cell matrix includes a plurality of battery cells arranged to interface with an interior facing floor surface of an interior wall of the floor (paragraph 0048, battery arrays are positioned atop the base 66).
Regarding claim 5, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the internal cooling circuit extends between an interior wall and an internal wall of the floor (paragraphs 0051-0052, figures 2-4, 8, channels extend between a bottom and top portion of the base 66, equivalent to an internal and interior wall).
Regarding claim 6, modified Gunna discloses the limitations of claim 5. Gunna further discloses that the internal cooling circuit includes a plurality of fluid channels that are at least partially separated from one another by a plurality of walls (paragraph 0052, walls 80 separate channels 76).
Regarding claim 7, modified Gunna discloses the limitations of claim 6. Gunna further discloses that the internal cooling circuit establishes a serpentine passage inside the first chamber (paragraph 0052, figure 3, serpentine passage 78).
Regarding claim 8, modified Gunna discloses the limitations of claim 1. Gunna is silent regarding wherein the first chamber is closer to the cell matrix than the second chamber.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that the cells interface with an exterior surface of the first chamber to cool the cells and the air gap chamber is positioned in a portion of the plate exposed to the exterior environment to limit the transfer of heat from the exterior environment to the cooling circuit (March paragraphs 0053-0056, equivalent to the first chamber being closer to the cell matrix than the second chamber). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the first chamber closer to the cell matrix than the second chamber as disclosed by March. Doing so would limit thermal transfer of heat from the outside environment to the cooling circuit and cool the cells.
Regarding claim 9, modified Gunna discloses the limitations of claim 1. Gunna is silent regarding wherein the second chamber extends between an internal wall and an exterior wall of the floor.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that that the second chamber extends between an internal wall and an exterior wall of the floor (paragraph 0055, figure 5, air gap 82 disposed between internal wall 90 and exterior wall 86) and serves to limit the thermal transfer of heat from the external environment into the internal cooling circuit, improving the efficiency of the cooling circuit (March paragraph 0056). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the second chamber structure disclosed by March. Doing so would improve the efficiency of the cooling structure.
Regarding claim 10, modified Gunna discloses the limitations of claim 9. Gunna is silent regarding wherein the internal wall establishes a floor of the internal cooling circuit.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that that the internal wall establishes a floor of the internal cooling circuit (paragraph 0054, figure 5, internal wall 90), and therefore aids in guiding the coolant through the cooling circuit.
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 structure disclosed by Gunna to include the internal wall establishing a floor of the internal cooling circuit as disclosed by March. Doing so would aid in guiding the coolant through the cooling circuit.
Regarding claim 11, modified Gunna discloses the limitations of claim 9. Gunna wherein the exterior wall includes an exterior surface that is exposed to the exterior environment.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that the second chamber is between an internal and exterior wall which includes an exterior surface that is exposed to the exterior environment (paragraph 0054, figure 5, exterior surface 64 of exterior wall 86 is exposed to exterior environment 66) and serves to limit the thermal transfer of heat from the external environment into the internal cooling circuit, improving the efficiency of the cooling circuit (March paragraph 0056). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the second chamber structure disclosed by March including the exterior surface exposed to the exterior environment. Doing so would improve the efficiency of the cooling structure.
Regarding claim 12, modified Gunna discloses the limitations of claim 9. Gunna is silent regarding at least one standoff extending between the internal wall and the exterior wall of the floor.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches at least one standoff extending between the internal wall and the exterior wall of the floor (paragraph 0057, figure 5, standoffs 92 between exterior wall 86 and internal wall 90) to reinforce portions of the heat exchanger plate. March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the standoffs disclosed by March for the purpose of reinforcing the portions of the cooling structure.
Regarding claim 13, modified Gunna discloses the limitations of claim 1. Gunna is silent regarding wherein the air gap includes a static pocket of air inside the second chamber.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that the air gap is a static pocket of air which acts as an insulator, reducing the thermal path between the exterior surface and internal cooling circuit, improving the efficiency of the heat exchanger plate (March paragraph 0056). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the static pocket of air as disclosed by March for the purpose of improving the efficiency of the cooling structure.
Regarding claim 15, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the floor includes an interior wall that faces toward an interior area of the enclosure assembly and an exterior wall that faces toward the exterior environment (paragraphs 0050-0052, figures 2-4, 8). Gunna is silent regarding an internal wall enclosed inside of the floor at a location between the interior wall and the exterior wall.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that an internal wall enclosed inside of the floor at a location between the interior wall and the exterior wall which establishes a floor of the internal cooling circuit (paragraph 0054, figure 5, internal wall 90), and therefore aids in guiding the coolant through the cooling circuit.
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 structure disclosed by Gunna to include the internal wall as disclosed by March. Doing so would aid in guiding the coolant through the cooling circuit.
Regarding claim 21, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the enclosure tray is a tub-like structure of the enclosure assembly (paragraph 0048, figure 2), and further wherein the traction battery pack excludes a heat exchanger plate that is separate from the enclosure tray (paragraphs 0050-0051, base 66 or the monolithic body 64 acts as a heat exchanger plate).
Regarding claim 22, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the floor and the plurality of side walls are integrally formed to establish a unitary monolithic structure of the enclosure tray (paragraphs 0048-0049).
Regarding claim 23, modified Gunna discloses the limitations of claim 1. Gunna further discloses that the enclosure cover is securable to the plurality of side walls at an opposite end of the plurality of side walls from the floor (paragraph 0049, figure 2, cover 72).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gunna et al. (US 20170047624 A1) in view of March (US 20170125863 A1) as applied to claim 1, and further in view of Hirsch et al. (US 20120107635 A1).
Regarding claim 14, modified Gunna discloses the limitations of claim 14. Gunna is silent regarding that the air gap includes a vacuum pocket inside the second chamber that is completely devoid of air.
Hirsch discloses a device for controlling the temperature of an energy store such as a rechargeable battery (Hirsch paragraph 0015-0016). Hirsch further discloses that the device may be a cooling plate or a part of the housing and may have a multilayer design comprising a fluid channel and an insulating unit (Hirsch paragraphs 0015-0016). The reference teaches that the insulating portion can be a hollow chamber which is evacuated to provide vacuum insulation (Hirsch paragraphs 0018, 0025). Hirsch further teaches that the vacuum insulation can minimize loss of heating or cooling and extend the life of the battery (Hirsch paragraphs 0011-0013). Hirsch and March are analogous because they both disclose thermal management devices for batteries.
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 air gap disclosed by Gunna in view of March to be a vacuum pocket as disclosed by Hirsch. Doing so would minimize loss of heating or cooling and extend the life of the battery.
Claims 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Gunna et al. (US 20170047624 A1) in view of March (US 20170125863 A1) as applied to claim 1, and further in view of Zeng et al. (US 20220013756 A1).
Regarding claim 24, modified Gunna discloses the limitations of claim 1. Gunna is silent regarding wherein the cell-to-pack battery system includes a plurality of battery cells that are not arranged in individual battery arrays.
Zeng discloses a battery including a case shell and a cover body enclosing a plurality of battery cells and a thermal management component constituting a side portion of the case shell (Zeng paragraph 0087, figures 5-6). Zeng further discloses that a battery pack may be formed by omitting the level of the battery modules, forming the pack directly from a battery cell (Zeng paragraphs 0069, 0071, equivalent to battery cells not arranged in individual arrays). The reference teaches that this improvement allows the battery system to significantly reduce the number of components while increasing weight energy density and volume energy density (Zeng paragraph 0071). Zeng and Gunna are analogous because they both disclose battery packs with enclosures and thermal management systems.
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 pack disclosed by Gunna to include a plurality of battery cells that are not arranged in individual battery arrays as disclosed by Zeng. Doing so would significantly reduce the number of components while increasing weight energy density and volume energy density.
Regarding claim 26, modified Gunna discloses the limitations of claim 1. Gunna is silent regarding wherein the cell-to-pack battery system is configured to supply a total high voltage bus electrical potential of the traction battery pack exclusively with the cell matrix.
Zeng discloses a battery including a case shell and a cover body enclosing a plurality of battery cells and a thermal management component constituting a side portion of the case shell (Zeng paragraph 0087, figures 5-6). Zeng further discloses that the battery is configured to supply a total high voltage bus electrical potential of the traction battery pack exclusively with the cell matrix (Zeng paragraph 0087, figures 5-6). The reference teaches that electrically connecting the cells to each other via a bus component may provide a higher voltage (Zeng paragraph 0087). Zeng and Gunna are analogous because they both disclose battery packs with enclosures and thermal management systems.
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 pack disclosed by Gunna to be configured to supply a total high voltage bus electrical potential of the traction battery pack exclusively with the cell matrix as disclosed by Zeng. Doing so would provide a higher voltage output.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Gunna et al. (US 20170047624 A1) in view of March (US 20170125863 A1) as applied to claim 1, and further in view of Terauchi et al. (US 20200358127 A1).
Regarding claim 25, modified Gunna discloses the limitations of claim 22. Gunna further discloses that that the cell matrix of the cell-to-pack battery system excludes any battery array support structures such as array frames, rails, walls, end plates, or bindings (Gunna is silent regarding these limitations, implicitly meeting the limitations). However, Gunna does disclose spacers between the cells (paragraph 0047).
Terauchi discloses a battery stack comprising a plurality of battery cells electrically connected and coupled by bus bars, comprising a cooling plate at the bottom surface of the stack (Terauchi paragraphs 0043, 0048, figure 2). Terauchi further discloses that it is not required to include the spacers interposed between adjacent cells, as the cells can be insulated through different methods (Terauchi paragraph 0045). The reference teaches that when the spacer is excluded, the cells can be cooled by adopting a system that directly cools the battery cells using a cooling medium or the like without adopting an air-cooled system that cools the battery cells by forcibly flowing cooling air between the battery cells (Terauchi paragraph 0045). Terauchi and Gunna are analogous because they both disclose battery enclosures with cooling means.
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 pack disclosed by Gunna to exclude spacers as disclosed by Terauchi for the purpose of enabling the desired cooling system.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Gunna et al. (US 20170047624 A1) in view of March (US 20170125863 A1), Terauchi et al. (US 20200358127 A1), and Zeng et al. (US 20220013756 A1).
Regarding claim 27, Gunna discloses a traction battery pack, comprising: an enclosure assembly including a unitary enclosure tray having a floor and a plurality of side walls integrally formed with the floor to define a cell-compressing opening (paragraphs 0048-0051, figure 2); a cell-to-pack battery system housed within the cell-compressing opening and comprising a cell matrix (paragraphs 0048-0049, battery cells 56 and array 60) and the floor of the unitary enclosure tray includes a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (paragraphs 0051-0052, figures 2-3, fluid channels 76). Gunna further discloses that that the cell matrix of the cell-to-pack battery system excludes any battery array support structures such as array frames, rails, walls, end plates, or bindings (Gunna is silent regarding these limitations, implicitly meeting the limitations). However, Gunna does disclose spacers between the cells (paragraph 0047). Gunna is silent regarding wherein the cell matrix is configured as a single battery unit for supplying a total high voltage bus electrical potential of the traction battery pack; and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment.
March discloses a traction battery pack (March paragraph 0039), comprising an enclosure assembly including an enclosure tray (March paragraphs 0014, 0046, figure 2, enclosure 65). March further discloses a cooling plate which acts as a base of the enclosure, comprising a first chamber that provides an internal cooling circuit for thermally managing the cell matrix (March paragraphs 0047, 0049, figures 2 and 4-5, heat exchanger plate 62 acts as a base of the enclosure, cooling circuit 70) and a second chamber that provides an air gap for insulating the cell matrix from an exterior environment (March paragraphs 0055-0056, figure 5, air gap 82). The reference teaches that the air gap serves to limit the thermal transfer of heat from the external environment into the internal cooling circuit, improving the efficiency of the cooling circuit (March paragraph 0056). March and Gunna are analogous because they both disclose battery enclosures with cooling circuits.
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 structure disclosed by Gunna to include the second chamber that provides an air gap disclosed by March. Doing so would improve the efficiency of the cooling structure.
Terauchi discloses a battery stack comprising a plurality of battery cells electrically connected and coupled by bus bars, comprising a cooling plate at the bottom surface of the stack (Terauchi paragraphs 0043, 0048, figure 2). Terauchi further discloses that it is not required to include the spacers interposed between adjacent cells, as the cells can be insulated through different methods (Terauchi paragraph 0045). The reference teaches that when the spacer is excluded, the cells can be cooled by adopting a system that directly cools the battery cells using a cooling medium or the like without adopting an air-cooled system that cools the battery cells by forcibly flowing cooling air between the battery cells (Terauchi paragraph 0045). Terauchi and Gunna are analogous because they both disclose battery enclosures with cooling means.
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 pack disclosed by Gunna to exclude spacers as disclosed by Terauchi for the purpose of enabling the desired cooling system.
Zeng discloses a battery including a case shell and a cover body enclosing a plurality of battery cells and a thermal management component constituting a side portion of the case shell (Zeng paragraph 0087, figures 5-6). Zeng further discloses that the battery is configured to supply a total high voltage bus electrical potential of the traction battery pack exclusively with the cell matrix (Zeng paragraph 0087, figures 5-6). The reference teaches that electrically connecting the cells to each other via a bus component may provide a higher voltage (Zeng paragraph 0087). Zeng and Gunna are analogous because they both disclose battery packs with enclosures and thermal management systems.
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 pack disclosed by Gunna to be configured to supply a total high voltage bus electrical potential of the traction battery pack exclusively with the cell matrix as disclosed by Zeng. Doing so would provide a higher voltage output.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 27 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.
Applicant's arguments filed 10/10/2025 with respect to claim 14 have been fully considered but they are not persuasive. Applicant argues that Hirsch does not render the limitations of claim 14 obvious. 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, Hirsch discloses that the integrated vacuum insulation minimizes the losses of cooling energy and extends the service life of the battery (Hirsch paragraphs 0011-0013). Further, Hirsch discloses that the insulation may be provided in a hollow chamber of a contact element such as a cooling plate or part of a housing which may further include a fluid channel (Hirsch paragraphs 0013, 0016, 0047), providing a motivation to modify the structure of modified Gunna to include the vacuum insulation as the claimed air gap (see claim 14 rejection).
Conclusion
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 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.
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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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