DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 9/18/26 have been received. Claims 1, 2, 4, 7-9, 13, 14, 18, and 19 have been amended.
Continued Examination Under 37 CFR 1.114
3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/18/26 has been entered.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
5. Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites the limitation “the at least one temperature control element is selected from the group consisting of cooling element(s), thermal electric device(s) or element(s), or thermal electric cooler(s)”. However, claim 2 depends from claim 1 which recites “at least one temperature control element comprising a plurality of heat exchangers arranged in series”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
6. Claims 15 and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 recites the limitation “the at least one temperature control element comprises a thermal electric cooler”. However, claim 15 depends from claim 13 which recites “at least one temperature control element comprising a plurality of heat exchangers arranged in series”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
7. Claim 16 is rejected as depending from claim 15.
Claim Rejections - 35 USC § 103
8. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
9. Claim(s) 1-5, 10, 11, 13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shuai et al. (CN109786889A) as cited in IDS dated 10/23/24 with citations from machine translation provided by Applicant in view of Paramasivam et al. (US 2020/0251698) in further view of Berkson et al. (US 2020/0072178).
Regarding claim 1, Shuai discloses a lithium iron phosphate battery (LiFePO4) battery (claim 3), comprising: a battery management system (BMS) configured to monitor and control
heating and cooling elements within the battery (controller 11, Fig. 1, Example 1, claim 1); at least one battery pack having cells and harnessing disposed therein(power battery pack 1, Figs. 1 & 2, Example 1); phase change materials (PCMs) (Example 1, claims 2 and 7); but does not explicitly disclose at least one temperature control element comprising a plurality of heat exchangers arranged in series and configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery.
Paramasivam teaches a battery pack assembly includes, among other things, an enclosure assembly that encloses a lower tier battery array and an upper tier battery array, a lower tier heat exchanger, an upper tier heat exchanger, and a coolant channel of the enclosure assembly (abstract). Paramasivam teaches the battery arrays 54 can require thermal management, for example, during operation, cooling the battery arrays 54 may be required([0048], Fig. 4). Paramasivam teaches at least one temperature control element comprising a plurality of heat exchangers arranged in series (106, Fig. 4, [0055]) and configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery([0061]).
It would have been obvious to one of ordinary skill in the art to modify the battery of Shuai with at least one temperature control element comprising a plurality of heat exchangers arranged in series and configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery as taught by Paramasivam in order to provide thermal management.
Continuing with claim 1, modified Shuai does not explicitly disclose a second at least one temperature control element configured to generate heat to heat the inside of the battery and increase temperature within the battery, the second at least one temperature control element self-contained within the battery.
Berkson teaches the rechargeable batteries 500 may also be heated to maintain the rechargeable batteries 500 within a defined temperature range([0063], Fig. 5). Berkson teaches a second at least one temperature control element configured to generate heat to heat the inside of the battery and increase temperature within the battery(electric heating elements 516, Fig. 5, [0063]), the second at least one temperature control element self-contained within the battery([0063], Fig. 5).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Shuai with a second at least one temperature control element configured to generate heat to heat the inside of the battery and increase temperature within the battery, the second at least one temperature control element self-contained within the battery as taught by Berkson in order to maintain the battery within a defined temperature range.
Continuing with claim 1, modified Shuai discloses the at least one temperature control element (Paramasivam, Fig. 4) and the second at least one temperature control element(Berkson, Fig. 5) are both within the battery.
Regarding claim 2, modified Shuai discloses the at least one temperature control element is selected from the group comprising: cooling element(s), thermal electric device(s) or element(s), or thermal electric cooler(s) (Berkson [0062]).
Regarding claim 3, modified Shuai discloses further comprising PCMs containers and wherein the PCMs and the PCMs containers are configured to absorb heat(Shuai, phase change material in phase change heat storage plate, Example 1, microporous heat transfer tube is combined with a phase change material, claim 7).
Regarding claim 4, modified Shuai discloses the PCMs and the at least one temperature control element are configured to maintain a temperature within the battery within an operating range for uninterrupted operation of the battery(Shuai, Example 1 and Paramasivam, [0048]).
Regarding claim 5, modified Shuai discloses the BMS is configured to control the at least one temperature control element and the second at least one temperature control element to maintain a temperature within the battery within an operating range(Paramasivan, [0027], [0048], Berkson, [0062]-[0063]).
Regarding claim 10, modified Shuai discloses the operating range is 15°C to 30°C (Shuai, Example 1, Berkson, 90°F ~ 32°C [0062]) which is within the claim range between 5°C to 40°C, thus reading on the limitation.
Regarding claim 11, modified Shuai discloses the PCMs containers are modular such that they can comprise any number, size, or arrangement of containers to provide a number of different configurations within the battery (Shuai, phase change material in phase change heat storage plate, Example 1, microporous heat transfer tube is combined with a phase change material, claim 7).
Regarding claim 13, Shuai discloses a lithium iron phosphate battery (LiFePO4) battery (claim 3), comprising: a battery management system (BMS) configured to monitor and control
heating and cooling elements within the battery (controller 11, Fig. 1, Example 1, claim 1); at least one battery pack having cells and harnessing disposed therein (power battery pack 1, Figs. 1 & 2, Example 1); and at least one phase change material (PCM) (Example 1, claims 2 and 7), a heating element(PTC heating device 4, Fig. 1, Example 1), but does not explicitly disclose at least one temperature control element comprising a plurality of heat exchangers arranged in series for cooling the inside of the battery.
Paramasivam teaches a battery pack assembly includes, among other things, an enclosure assembly that encloses a lower tier battery array and an upper tier battery array, a lower tier heat exchanger, an upper tier heat exchanger, and a coolant channel of the enclosure assembly (abstract). Paramasivam teaches the battery arrays 54 can require thermal management, for example, during operation, cooling the battery arrays 54 may be required([0048], Fig. 4). Paramasivam teaches at least one temperature control element comprising a plurality of heat exchangers arranged in series (106, Fig. 4, [0055]) and configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery([0061]).
It would have been obvious to one of ordinary skill in the art to modify the battery of Shuai with at least one temperature control element comprising a plurality of heat exchangers arranged in series for cooling the inside of the battery as taught by Paramasivam in order to provide thermal management.
Continuing with claim 13, modified Shuai does not explicitly disclose the heating element self-contained within the battery and configured to heat the inside of the battery.
Berkson teaches the rechargeable batteries 500 may also be heated to maintain the rechargeable batteries 500 within a defined temperature range([0063], Fig. 5). Berkson teaches a second at least one temperature control element configured to generate heat to heat the inside of the battery and increase temperature within the battery(electric heating elements 516, Fig. 5, [0063]), the second at least one temperature control element self-contained within the battery([0063], Fig. 5).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Shuai with the heating element self-contained within the battery and configured to heat the inside of the battery as taught by Berkson in order to maintain the battery within a defined temperature range.
Continuing with claim 13, modified Shuai discloses the BMS is configured to control the heating element and the at least one temperature control element to maintain an internal temperature of the battery within an operating range for uninterrupted battery operations (Berkson, [0062]-[0063], Paramasivan, [0027], [0048]).
Regarding claim 15, modified Shuai discloses the at least one temperature control element comprises a thermal electric cooler(Shuai, semiconductor refrigeration device 5, Fig.1, Example 1, Berkson [0062]).
Regarding claim 16, modified Shuai discloses the thermal electric cooler is used in addition to the at least one PCM when a temperature range of the battery increases above the operating range(Shuai, Example 1, Berkson [0062]).
Regarding claim 17, modified Shuai discloses the operating range for uninterrupted battery operations is 15°C to 30°C (Shuai, Example 1, Berkson, 90°F ~ 32°C [0062]) which is within the claim range of 5°C to 40°C, thus reading on the limitation.
10. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuai et al. (CN109786889A) as cited in IDS dated 10/23/24 with citations from machine translation provided by Applicant in view of Paramasivam et al. (US 2020/0251698) in further view of Berkson et al. (US 2020/0072178) as applied to claims 1 and 5 above, and further in view of Dietze (US2021/0098831).
Regarding claim 6, modified Shuai discloses the BMS is configured to activate the at least one temperature control element for thermal management to exhaust or remove heat from the battery (Paramasivam [0048]) and to activate the second at least one temperature control element to heat the battery to maintain the temperature within the battery within the operating range(Berkson [0063]) but does not explicitly disclose temperatures above 40°C and temperatures below 5°C.
Dietze teaches energy storage device, motor vehicle or monitoring system comprising such an energy storage device, and use of such an energy storage device(title). Dietze teaches the energy storage element comprises one or more lithium iron phosphate battery cells([0019]). Dietze teaches the energy storage element comprises an operating temperature preferably from 0° C. to +40° C. ([0023]). Dietze teaches the battery management system (BMS), is configured in particular for an energy storage element 2 that is configured as a starter battery with the aim of never operating the employed battery cells outside the working range specified (Fig. 6, [0121]).
It would have been obvious to one of ordinary skill in the art to provide the battery of modified Shuai with temperatures above 40°C and temperatures below 5°C as taught by Dietze as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
11. Claim(s) 7-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuai et al. (CN109786889A) as cited in IDS dated 10/23/24 with citations from machine translation provided by Applicant in view of Paramasivam et al. (US 2020/0251698) in further view of Berkson et al. (US 2020/0072178) as applied to claims 1 and 2 above, and further in view of Gering et al. (US2005/0167169) as cited in IDS dated 10/17/22.
Regarding claim 7, modified Shuai does not explicitly disclose at least one of the plurality of heat exchangers arranged in series is a heat exchanger with a fan.
Gering teaches a thermal management system configured to provide a mechanism to pre-warm a vehicle's battery module, having a plurality of individual cells, in cold conditions, provide auxiliary warmth to the module as needed, and remove heat from it as the batteries heat up due to normal ohmic discharge and recharge([0007]). Gering teaches the thermal management system 100 includes heat exchanging fluid loops 102, 104, heat exchangers 106, 116, a fan 108 corresponding to the heat exchanger 106, a battery 110 (e.g., a lithium-ion battery or battery bank), a coolant expansion tank (ET) 112, pumps P1 and P2, a bypass loop 114, an internal combustion engine cabin heater core 118 (referred to herein as internal combustion engine cabin), an internal combustion engine radiator 120, and an interface 122(Fig. 2, [0051]). Gering teaches the heat exchanger 106 together with the fan 108 is configured to control temperature of the battery 110 to be within a predetermined optimal range([0054]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Shuai with at least one of the plurality of heat exchangers arranged in series is a heat exchanger with a fan as taught by Gering in order to control temperature of the battery to be within a predetermined optimal range.
Regarding claim 8, modified Shuai discloses the at least one temperature control element further comprises a thermal electric cooler(Berkson [0062]).
Regarding claim 9, modified Shuai discloses the thermal electric cooler is used when the battery temperature exceeds the operating range(Berkson [0062]).
Regarding claim 12, modified Shuai discloses air is flowed over the PCMs using the fan,
resulting in a phase change(Gering [0079]).
12. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuai et al. (CN109786889A) as cited in IDS dated 10/23/24 with citations from machine translation provided by Applicant in view of Paramasivam et al. (US 2020/0251698) in further view of Berkson et al. (US 2020/0072178) as applied to claim 13 above, and further in view of Dietze (US2021/0098831).
Regarding claim 14, modified Shuai discloses the BMS is configured to activate the at least one temperature control element for thermal management to exhaust or remove heat from the battery (Paramasivam [0048]) and to activate the heating element to heat the battery to maintain the temperature within the battery within the operating range(Berkson [0063]) but does not explicitly disclose temperatures above 40°C and temperatures below 5°C.
Dietze teaches energy storage device, motor vehicle or monitoring system comprising such an energy storage device, and use of such an energy storage device(title). Dietze teaches the energy storage element comprises one or more lithium iron phosphate battery cells([0019]). Dietze teaches the energy storage element comprises an operating temperature preferably from 0° C. to +40° C. ([0023]). Dietze teaches the battery management system (BMS), is configured in particular for an energy storage element 2 that is configured as a starter battery with the aim of never operating the employed battery cells outside the working range specified (Fig. 6, [0121]).
It would have been obvious to one of ordinary skill in the art to provide the battery of modified Shuai with temperatures above 40°C and temperatures below 5°C as taught by Dietze as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
13. Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuai et al. (CN109786889A) as cited in IDS dated 10/23/24 with citations from machine translation provided by Applicant in view of Paramasivam et al. (US 2020/0251698) in further view of Gering et al. (US2005/0167169) as cited in IDS dated 10/17/22 in further view of Berkson et al. (US 2020/0072178) in furthest view of Dietze (US2021/0098831).
Regarding claim 18, Shuai discloses a battery (claim 3), comprising: a battery management system (BMS) configured to monitor and control heating and cooling elements within the battery and to monitor and regulate a temperature within the battery (controller 11, Fig. 1, Example 1, claim 1), the battery being a lithium iron phosphate battery(claim 3);
at least one battery pack having cells and harnessing disposed therein(power battery pack 1, Figs. 1 & 2, Example 1); at least one phase change material (PCM) (Example 1, claims 2 and 7); but does not explicitly disclose a plurality of heat exchangers arranged in series.
Paramasivam teaches a battery pack assembly includes, among other things, an enclosure assembly that encloses a lower tier battery array and an upper tier battery array, a lower tier heat exchanger, an upper tier heat exchanger, and a coolant channel of the enclosure assembly (abstract). Paramasivam teaches the battery arrays 54 can require thermal management, for example, during operation, cooling the battery arrays 54 may be required([0048], Fig. 4). Paramasivam teaches at least one temperature control element comprising a plurality of heat exchangers arranged in series (106, Fig. 4, [0055]) and configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery([0061]).
It would have been obvious to one of ordinary skill in the art to modify the battery of Shuai with a plurality of heat exchangers arranged in series as taught by Paramasivam in order to provide thermal management.
Continuing with claim 18, modified Shuai does not explicitly disclose heat exchangers with a fan.
Gering teaches a thermal management system configured to provide a mechanism to pre-warm a vehicle's battery module, having a plurality of individual cells, in cold conditions, provide auxiliary warmth to the module as needed, and remove heat from it as the batteries heat up due to normal ohmic discharge and recharge([0007]). Gering teaches the thermal management system 100 includes heat exchanging fluid loops 102, 104, heat exchangers 106, 116, a fan 108 corresponding to the heat exchanger 106, a battery 110 (e.g., a lithium-ion battery or battery bank), a coolant expansion tank (ET) 112, pumps P1 and P2, a bypass loop 114, an internal combustion engine cabin heater core 118 (referred to herein as internal combustion engine cabin), an internal combustion engine radiator 120, and an interface 122(Fig. 2, [0051]). Gering teaches the heat exchanger 106 together with the fan 108 is configured to control temperature of the battery 110 to be within a predetermined optimal range([0054]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Shuai with heat exchangers with a fan as taught by Gering in order to control temperature of the battery to be within a predetermined optimal range.
Continuing with claim 18, modified Shuai discloses a thermal electric cooler (Shuai, semiconductor refrigeration device 5, Example 1, Fig. 1); but does not explicitly disclose a heating element self-contained within the battery and controlled by the BMS to generate heat to heat the inside of the battery and raise the temperature of the battery.
Berkson teaches the rechargeable batteries 500 may also be heated to maintain the rechargeable batteries 500 within a defined temperature range([0063], Fig. 5). Berkson teaches a second at least one temperature control element configured to generate heat to heat the inside of the battery and increase temperature within the battery(electric heating elements 516, Fig. 5, [0063]), the second at least one temperature control element self-contained within the battery([0063], Fig. 5).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Shuai with a heating element self-contained within the battery and controlled by the BMS to generate heat to heat the inside of the battery and raise the temperature of the battery as taught by Berkson in order to maintain the battery within a defined temperature range.
Continuing with claim 18, modified Shuai discloses the plurality of heat exchangers with the fan is controlled by the BMS to lower the temperature of the PCM that has begun to absorb heat and phase change(Gering [0079]); and wherein the thermal electric cooler is controlled by the BMS to exhaust or remove heat from the battery when the temperature of the battery is high enough(Shuai, Example 1, Berkson [0062]).
Continuing with claim 18, modified Shuai discloses wherein the BMS is configured to activate the plurality of heat exchangers with the fan (Gering, [0051], [0054]) and the thermal electric cooler (Shuai, Example 1, Berkson [0062]) to exhaust or remove heat from the battery and to activate the heating element (Berkson [0063]) to heat the battery thereby maintaining the temperature within the battery within an operating range but does not explicitly disclose temperatures above 40°C and temperatures below 5°C.
Dietze teaches energy storage device, motor vehicle or monitoring system comprising such an energy storage device, and use of such an energy storage device(title). Dietze teaches the energy storage element comprises one or more lithium iron phosphate battery cells([0019]). Dietze teaches the energy storage element comprises an operating temperature preferably from 0° C. to +40° C. ([0023]). Dietze teaches the battery management system (BMS), is configured in particular for an energy storage element 2 that is configured as a starter battery with the aim of never operating the employed battery cells outside the working range specified (Fig. 6, [0121]).
It would have been obvious to one of ordinary skill in the art to provide the battery of modified Shuai with temperatures above 40°C and temperatures below 5°C as taught by Dietze as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Regarding claim 19, modified Shuai discloses the PCM, the plurality of heat exchangers with the fan, and the thermal electric cooler are contained within the battery(Paramasivam, Fig. 4, Berkson [0062]-[0063], Gering [0053]-[0055], [0079]).
Regarding claim 20, modified Shuai discloses the operating range of the battery is the range 0-40 degrees Centigrade (Gering [0072]) which is within the claim range of 5°C to 40°C, thus reading on the limitation.
Response to Arguments
14. Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
