DETAILED ACTION
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
In response to applicant’s amendment received 07/27/2026, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 102 rejection of claim 28
35 U.S.C. 103 rejections of claim 21
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 22-26 and 29 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Published Application US20210296728A1, hereafter Kim.
Regarding claim 22, Kim discloses a housing element (Fig 6) for a storage housing of an electrical energy store of a motor vehicle ([0091] battery case), the electrical energy store having a plurality of storage cells arrangeable in a receiving space of the storage housing (Fig 4, [0106], 8 battery modules mounted therein), the housing element comprising:
a baseplate (300) made of a light metal ([0477] cooling block 300 made of aluminum);
at least in a subregion (370) of the base plate (Fig 6), a reinforcing plate (200) made of steel ([0460] heat dissipation plate 200 made of stainless steel), wherein the base plate (300) is reinforced by the reinforcing plate (200); and
an elastomer intermediate layer (600) by which the reinforcing plate (200) is adhesively bonded to the subregion (370) of the baseplate (300) ([0149] heat dissipation plate 200 coupled to stepped part 370 formed on bottom inside the sidewall 360 of the cooling block by adhesive 600; Figs 9a, 9b, [0164] heat dissipation plate coupled with adhesive 600 to step 370 near inner frame 110; [0465] EVA (ethylene vinyl acetate) adhesive), wherein the elastomer intermediate layer (600) covers an entire lower surface of the reinforcing plate (200) (Fig 20, [0234] adhesive layer 600 has a shape corresponding to that of the heat dissipation plate 200), and wherein the reinforcing plate (200) is connected to the baseplate (300) exclusively by adhesive bonding brought about by way of the elastomer intermediate layer (Fig 7, heat dissipation plate 200 connected to cooling block 300 only by adhesive 600).
Regarding claim 23, Kim further discloses wherein the at least one reinforcing plate is separated galvanically from the baseplate by the elastomer intermediate layer (600) ([0149] heat dissipation plate 200 coupled to stepped part 370 formed on bottom inside the sidewall 360 of the cooling block 300 by adhesive 600; [0465] EVA (ethylene vinyl acetate) adhesive; since the adhesive 600 lies between the cooling block 300 and the heat dissipation plate 200, and the adhesive is electrically non-conductive, the heat dissipation plate and cooling block 300 are therefore galvanically separated).
Regarding claim 24, Kim further discloses wherein a maximum wall thickness of the baseplate (300) is less than 5 millimeters ([0513] thickness of cooling block 300 is 2 to 5 mm). "If the prior art discloses a point within the claimed range, the prior art anticipates the claim." (MPEP 2131.03 (I)).
Regarding claim 25, Kim further discloses wherein the baseplate (300) has a further subregion which adjoins the subregion and the reinforcing plate (200) (see annotated Fig 7), extends entirely around the subregion and the entire reinforcing plate (200) (see Figs 4, 6, & 7; [0119] sidewall 360 of cooling block 300 extends upward from edge portion of cooling block 300, sidewall 360 is formed at height to enclose heat dissipation plate 200, inner frame 100, and battery module), and is free from a reinforcing plate.
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Regarding claim 26, Kim further discloses wherein the housing element has sidewalls (360) which protrude over the baseplate (300) and the reinforcing plate (200), such that the sidewalls (360) and the reinforcing plate (200) at least partially delimit the receiving space (Figs 6 & 7), at least one strut (inner frame 110) is arranged between the sidewalls (360) and the baseplate (300) (Fig 6), the at least one strut (110) extends continuously from one of the sidewalls (360) as far as the other sidewall (360) and thereby divides the receiving space into two subspaces (Fig 1), and the at least one strut (110) is connected to the sidewalls (360) (Fig 1, Fig 6), wherein the sidewalls (360) are connected to one another via the at least one strut (Fig 1).
Regarding claim 29, Kim further discloses a motor vehicle comprising the housing element according to claim 22 ([0140] battery case for an electric car).
Regarding claim 31, Kim further discloses wherein the baseplate (300) is formed integrally as a plane element having a substantially flat extent (Fig 10, [0141] bottom surface of cooling block 300 is flat, cooling block 300 shown in figure to be mostly planar single piece construction).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210296728A1, hereafter Kim in view of Published Application US20180337377A1, hereafter Stephens.
Regarding claim 10, Kim discloses a housing element (Fig 6) for a storage housing of an electrical energy store of a motor vehicle ([0091] battery case), the electrical energy store having a plurality of storage cells arrangeable in a receiving space of the storage housing (Fig 4, [0106], 8 battery modules mounted therein), the housing element comprising:
a baseplate (300) made of a light metal ([0477] cooling block 300 made of aluminum), the baseplate having a plurality of subregions, each subregion being configured to receive a storage cell of the plurality of storage cells (Fig 4, [0106] battery modules arranged in separate regions);
a reinforcing plate (200) made of steel ([0460] heat dissipation plate 200 made of stainless steel) positioned in each of the plurality of subregions (370) of the base plate (Fig 6), wherein the base plate (300) is reinforced by the reinforcing plate (200); and
an elastomer intermediate layer (600) by which the reinforcing plate (200) is adhesively bonded to each subregion (370) of the baseplate (300) ([0149] heat dissipation plate 200 coupled to stepped part 370 formed on bottom inside the sidewall 360 of the cooling block by adhesive 600; Figs 9a, 9b, [0164] heat dissipation plate coupled with adhesive 600 to step 370 near inner frame 110; [0465] EVA (ethylene vinyl acetate) adhesive), wherein the elastomer intermediate layer (600) covers an entire lower surface of the reinforcing plate (200) (Fig 20, [0234] adhesive layer 600 has a shape corresponding to that of the heat dissipation plate 200).
Kim further discloses the heat dissipation plate 200 has an unformed part 240 in areas through which the cooling block 300 connects to the inner frame 110, by which it is possible to save a material and further reduce a weight (Fig 11, [0130]).
Kim is silent on the reinforcing plate being a plurality of reinforcing plates, each reinforcing plate disposed in a respective one of the plurality of subregions of the baseplate.
In the analogous art of electric vehicle battery trays, Stephens discloses the use of a plurality of separate reinforcing plates (147), each reinforcing plate (147) disposed in a respective one of the plurality of subregions (128) of the baseplate (120) where each battery module (114) is placed ([0069] Fig 8, cold plate 147 between floor portion 128 and battery module 114).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kim to separate the heat dissipation plate under each module into separate plates as disclosed by Stephens, in order to reduce material costs and to reduce the weight of the battery case, as suggested by Kim, while still providing support, mechanical strength, and heat dissipation to the batteries during operation.
Regarding claim 11, modified Kim further discloses wherein the reinforcing plates are galvanically separated from the baseplate by the elastomer intermediate layer ([0149] heat dissipation plate 200 coupled to stepped part 370 formed on bottom inside the sidewall 360 of the cooling block 300 by adhesive 600; [0465] EVA (ethylene vinyl acetate) adhesive; since the adhesive 600 lies between the cooling block 300 and the heat dissipation plate 200, and the adhesive is electrically non-conductive, the heat dissipation plate and cooling block 300 are therefore galvanically separated).
Regarding claims 12 and 13, Kim further discloses wherein a maximum wall thickness of the baseplate (300) is less than 5 millimeters ([0513] thickness of cooling block 300 is 2 to 5 mm). "If the prior art discloses a point within the claimed range, the prior art anticipates the claim." (MPEP 2131.03 (I)).
Regarding claim 14, modified Kim further discloses wherein the baseplate (300) has at least one further subregion which adjoins the plurality of subregions and the reinforcing plates (200) (see annotated Fig 7), extends entirely around the plurality of subregions and the entirety of the reinforcing plates (200) (see Figs 4, 6, & 7; [0119] sidewall 360 of cooling block 300 extends upward from edge portion of cooling block 300, sidewall 360 is formed at height to enclose heat dissipation plate 200, inner frame 100, and battery module), and is free from any of the reinforcing plates (200).
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Regarding claims 15 and 17, modified Kim further discloses wherein the housing element has sidewalls (360) which protrude over the baseplate (300) and the reinforcing plates (200), such that the sidewalls (360) and the reinforcing plates (200) at least partially delimit the receiving space (Figs 6 & 7), at least one strut (inner frame 110) is arranged between the sidewalls (360) and the baseplate (300) (Fig 6), and between respective ones of the reinforcing plates (200) (Fig 1), the at least one strut (110) extends continuously from one of the sidewalls (360) as far as the other sidewall (360) and thereby divides the receiving space into subspaces (Fig 1), and the at least one strut (110) is connected to the sidewalls (360) (Fig 1, Fig 6), wherein the sidewalls (360) are connected to one another via the at least one strut (Fig 1).
Regarding claim 16, Kim further discloses wherein the at least one strut (110) is arranged on one part of the at least one further subregion (see annotated Fig 6).
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Regarding claim 18, modified Kim further discloses wherein the reinforcing plates (200) are connected to the baseplate (300) exclusively by adhesive bonding brought about by way of the elastomer intermediate layer (600) (Fig 7, heat dissipation plate 200 connected to cooling block 300 only by adhesive 600).
Regarding claim 19, Kim further discloses wherein the light metal is aluminum ([0477] cooling block 300 made of aluminum).
Regarding claim 20, modified Kim further discloses a motor vehicle comprising the housing element according to claim 10 ([0140] battery case for an electric car), wherein the plurality of storage cells are arranged in the receiving space of the storage housing, the at reinforcing plates at least partially delimiting the receiving space (Fig 1, [0092] battery module (not shown) in battery case 10, Fig 4 heat dissipation plate 200 delimiting spaces with inner frame 100).
Regarding claim 30, Kim further discloses wherein the elastomer intermediate layer is elastically deformable (this is an inherent characteristic of ethylene vinyl acetate, which is an elastomer, and is an inherent characteristic of all elastomers - by definition they are elastically deformable).
Regarding claim 32, modified Kim discloses wherein the at least one strut (110) lies directly on the baseplate (300) such that none of the reinforcing plates (200) is arranged between the at least one strut (110) and the baseplate (300) (as modified by Stephens, which shows the plates (147) as separated between the struts (136)).
Response to Arguments
Applicant's arguments filed 07/27/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding claim 22 on page 8 of applicant’s remarks that selecting one item from each of three separate lists, such as aluminum for the cooling block when Kim prefers FRP, steel for the heat dissipation plate while Kim prefers aluminum, and an elastomer adhesive from a list of six options does not constitute anticipation, because a skilled artisan could not “at once envisage” the specific claimed combination from Kim’s disclosure, the examiner disagrees. One skilled in the art could easily “at once envisage” the claimed combination of a light metal base plate (cooling block 300), a steel reinforcing plate (heat dissipation plate 200), and an elastomer intermediate layer (adhesive layer 600), because the cooling block of Kim is disclosed to be one of three choices ([0477] FRP, aluminum, steel), the heat dissipation plate is disclosed to be a metal of seven choices ([0460] iron, stainless steel, aluminum, copper, brass, nickel, zinc), and the adhesive is disclosed to be one of six polymers (acrylic, epoxy, urethane, olefin, EVA, silicone), all of which are known to have elastomeric variations, except for ethylene vinyl acetate, which is a known elastomer. This results in about 21-126 possible combinations, and one skilled in the art would “at once envisage” the combination claimed from the limited number of possible combinations (MPEP 2131.02 (III)).
In response to applicant’s arguments regarding claim 22 on page 9 and claim 10 on pages 10-11 of applicant’s remarks that an adhesive shaped to correspond to a plate that itself has an omitted region does not disclosed covering the entire lower surface of the reinforcing plate as recited by claim 22, the examiner disagrees, and notes that an uncovered part of the surface of the heat dissipation plate necessarily cannot exist if the adhesive layer in Kim has a shape corresponding to the heat dissipation plate, as Kim discloses ([0234], Fig 20), and as stated in the rejection.
In response to applicant’s arguments regarding claim 22 on page 9 of applicant’s remarks that Kim discloses mechanical fastening in addition to adhesive bonding, not exclusive adhesive bonding as required by claim 22, the examiner disagrees that this mechanical fastening is required by Kim for every embodiment. For example, Kim recites in [0200] that the battery case of the embodiment being discussed (embodiment of Fig 15) includes a fastening member 700 compared to the battery case shown in Fig 13, with a similar discussion for the embodiment of Fig 18 which has the fastening member, in reference to the embodiment of Fig 17, which does not ([0222]).
In response to applicant’s arguments regarding claim 10 on page 11 of applicant’s remarks that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). The examiner notes, as stated above for claim 22, that the generic disclosure of Kim disclosed the claimed aluminum, steel, and elastomer materials as one of a limited number of combinations at once envisaged by one skilled in the art (MPEP 2131.02 (III)).
In response to applicant’s arguments regarding claim 16 on page 11 of applicant’s remarks that claim 16 requires that no reinforcing plate is arranged between the strut and the baseplate, and that Kim teaches the opposite arrangement, the examiner disagrees. As stated in the rejection, Kim discloses the further subregion of the cooling block 300 on which the strut 110 rests (as shown in annotated Fig 6 below), and thus in the further subregion, there is no reinforcing plate between the strut and the baseplate, as claimed. Furthermore, Kim, after modification with Stephens, discloses separate reinforcing plates (147 of Stephens) between struts (136 of Stephens) as shown in Fig 8 of Stephens, and thus furthermore no heat dissipation plate 200 is located between a strut 110 and the cooling block 300.
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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 TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
