Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 23, 2026, has been entered.
Response to Arguments
Applicant's arguments filed January 23, 2026, have been fully considered but they are not persuasive.
Applicant contends that the Office Actions interpretation of all materials being thermally conductive to a degree is overly broad (p. 11). However, unlike electrical insulators, there is no material that is perfectly thermally insulating. All materials have measurable thermal conductivity under all conditions and are therefore thermally conductive by definition. There is no definition either generally accepted or provided in the instant specification placing measurable limits on the phrase "thermally conductive material," so the rejection must rely on the literal definition.
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.
Claim(s) 1-5, 8-11, 14-16, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0062794 A1) in view of Lee (WO 2018230805 A1; citations refer to the English translation made of record in the action dated May 6, 2025), Koh (US 2012/0270074 A1), Kojo (WO 2019/073879 A1; citations refer to the English translation made of record in the action dated May 6, 2025), Heo et al. (US 2016/0268649 A1), and Baehr et al. (Heat and Mass Transfer 2nd ed., ISBN-10 3-540-29526-7, pp. 111-113, 2006).
Regarding claim 1, Kim teaches a battery pack comprising a battery cell with a cell terrace part (terrace portion 203), with electrode leads (115 and 114) protruding through the terrace part, a PCM (protective circuit board 310) installed on the terrace part, and a tape wrapping the PCM in a 2 shape to form a contact region with the upper part of the PCM, the lower part of the PCM, and the cell terrace (Kim Figs. 1 and 29).
Kim does not teach that the tape is a heat radiation tape. However, all materials naturally emit blackbody radiation. The tape of Kim is therefore necessarily a heat radiation tape.
Kim does not teach that the PCM includes FETs on the upper and lower surfaces. Kim teaches that protection circuit devices may be mounted on both surfaces of the circuit board (Kim [0063]), and Kojo teaches that a FET is a typical example of such a device (Kojo [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to select any conventional configuration for the PCM, including FETs on both surfaces.
Kim does not teach that the tape contacts a side portion of the cell. Koh teaches that thermally conductive tape fastened to a side portion of the cell (Koh Fig. 5c, fourth area 116d) improves sensitivity to the temperature of the cell (Koh [0074]-[0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use a thermally conductive tape fastened to the side portion of the cell in order to improve sensitivity to temperature.
Kim does not teach the use of an upper tape to cover the end of the battery. Lee teaches that films (i.e., tapes) covering the sides and ends of the battery protect and insulate the battery cell (Lee Fig. 2 and [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an upper tape on the battery pack of Kim to protect and insulate the cell.
Kim does not teach that the tape forms a heat transfer path for dissipating heat generated by the FETs. However, all materials are thermally conductive and will necessarily transfer heat from high temperature regions to low temperature regions. When the FETs are hotter than the surrounding regions, the tape will necessarily dissipate heat from the FETs.
Kim does not teach that the tape wraps the PCM and the cell terrace part in a 2 shape. Heo teaches similar configuration with interlocking C shapes (insulating tapes 360 and 370) instead of a single 2 shape, where the lower film may wrap the terrace completely, and the fourth region bent from the third region then extends to a fifth region on the bottom side of the terrace (Heo Fig. 3 and [0085]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use any known shape for the folding of the tape of modified Kim, including the interlocking C shapes of Heo with the terrace wrapped completely, absent evidence that the particular shape is significant (MPEP 2144.04 IVB).
Heo does not teach that the tape is a single, unitary piece without disconnection. Koh teaches that the tape should be a good thermal conductor (Koh [0074]-[0077]), and discontinuous materials are known to introduce additional thermal resistance. See Baehr p. 112. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make the interlocking C shapes of Heo a single, unitary piece without disconnection to avoid introducing additional thermal resistance.
Regarding claim 2, modified Kim teaches that films (i.e., tapes) covering the sides and ends of the battery protect and insulate the battery cell (Lee Fig. 2 and [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide lower, side and front surface tapes on the battery pack of modified Kim to protect and insulate the cell.
Regarding claim 3, modified Kim teaches a tape comprising a first contact part in contact with the upper surface of the PCM (Kim Fig. 30 below), a second contact part in contact with side surface of the PCM and the end surface of the battery cell bent from the first part (Koh Fig. 5c below), and a third contact part between the lower surface of the PCM and the upper surface of the cell terrace and bent from the second part (Kim Fig. 30).
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Modified Kim includes a fourth contact part in contact with the end of the terrace bent from the third part (see rejection of claim 1 above).
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Regarding claim 4, the tape of modified Kim is capable of forming the claimed heat path whenever the first region is hotter than the fifth region.
Regarding claim 5, heat will necessarily be radiated from all parts of the tape by blackbody radiation.
Regarding claim 8, Kim teaches method of manufacturing a battery pack comprising a battery cell with a cell terrace part (terrace portion 203), with electrode leads (115 and 114) protruding through the terrace part, a PCM (protective circuit board 310) installed on the terrace part, and a tape wrapping the PCM in a 2 shape to form a contact region with the upper part of the PCM, the lower part of the PCM, and the cell terrace (Kim Figs. 1 and 29).
Kim does not teach that the PCM includes FETs on the upper and lower surfaces. Kim teaches that protection circuit devices may be mounted on both surfaces of the circuit board (Kim [0063]), and Kojo teaches that a FET is a typical example of such a device (Kojo [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to select any conventional configuration for the PCM, including FETs on both surfaces.
Kim does not teach that the tape is a heat radiation tape that radiates heat from the FETs. However, all materials naturally emit blackbody radiation. The tape of Kim will therefore necessarily radiate heat from the FETs with which it is in contact.
Kim does not teach that the tape contacts a side portion of the cell. Koh teaches that thermally conductive tape fastened to a side portion of the cell (Koh Fig. 5c, fourth area 116d) improves sensitivity to the temperature of the cell (Koh [0074]-[0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use a thermally conductive tape fastened to the side portion of the cell in order to improve sensitivity to temperature.
Kim does not teach the use of an upper tape to cover the end of the battery. Lee teaches that films (i.e., tapes) covering the sides and ends of the battery protect and insulate the battery cell (Lee Fig. 2 and [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide upper, lower, side and front surface tapes on the battery pack of modified Kim to protect and insulate the cell.
Kim does not teach that the tape wraps the PCM and the cell terrace part in a 2 shape. Heo teaches similar configuration with interlocking C shapes (insulating tapes 360 and 370) instead of a single 2 shape, where the lower film may wrap the terrace completely, and the fourth region bent from the third region then extends to a fifth region on the bottom side of the terrace (Heo Fig. 3 and [0085]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use any known shape for the folding of the tape of modified Kim, including the interlocking C shapes of Heo with the terrace wrapped completely, absent evidence that the particular shape is significant (MPEP 2144.04 IVB).
Heo does not teach that the tape is a single, unitary piece without disconnection. Koh teaches that the tape should be a good thermal conductor (Koh [0074]-[0077]), and discontinuous materials are known to introduce additional thermal resistance. See Baehr p. 112. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make the interlocking C shapes of Heo a single, unitary piece without disconnection to avoid introducing additional thermal resistance.
Regarding claim 9, modified Kim teaches a tape comprising a first contact part in contact with the upper surface of the PCM (Kim Fig. 30 below), a second contact part in contact with side surface of the PCM and the end surface of the battery cell bent from the first part (Koh Fig. 5c below), and a third contact part between the lower surface of the PCM and the upper surface of the cell terrace and bent from the second part (Kim Fig. 30).
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Modified Kim includes a fourth contact part in contact with the end of the terrace bent from the third part (see rejection of claim 1 above).
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Regarding claim 10, the tape of modified Kim is capable of forming the claimed heat path whenever the first region is hotter than the fifth region.
Regarding claim 11, heat will necessarily be radiated from all parts of the tape by blackbody radiation.
Regarding claim 14, the cell of modified Kim is plate-shaped (Kim Fig. 1).
Regarding claims 15 and 16, the tape of Kim is one single piece folded into the appropriate shape (Kim Figs. 6 and 29), so all contact regions are made of the same material.
Regarding claims 19 and 20, the tape of modified Kim is one single piece folded into U shapes (or C shapes) around the PCM and terrace part (see rejections of claims 1 and 8 above).
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Lee, Koh, Kojo, Heo, and Baehr as applied to claims 1 and 8 above, and further in view of Choi et al. (US 2018/0261900 A1).
Regarding claims 7 and 13, modified Kim teaches that the type of thermally conductive tape is not limited (Koh [0076]-[0077]). Choi teaches that graphite may be incorporated into protective tape to improve heat conductivity (Choi [0095]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to select any conventional thermally conductive tape, including one comprising graphite, in the battery pack of modified Kim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A CORNO JR whose telephone number is (571)270-0745. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/J.A.C/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722
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