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 11/4/25 have been received. Claims 1-20 have been amended.
Drawings
3. The objection to the drawings under 37 CFR 1.83(a) is withdrawn because the Applicant’s arguments have been considered and are convincing.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 9 is 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.
6. Claim 9 recites the limitation "the operating range" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "an operating range".
7. Claim 14 is 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. Claim 14 recites the limitation “an operating range” in line 5. It is not clear whether it is the same or different operating range as recited in claim 13 from which it depends. For the purpose of this Office Action, the limitation has been interpreted as “the operating range”.
8. Claim 16 recites the limitation " the temperature range of the battery increases above the operating temperature " in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office action, the limitation has been interpreted as " a temperature range of the battery increases above the operating range".
9. Claims 18 and 19-20 are 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. Claim 18 recites the limitation "the heat exchanger with a fan" in lines 11 and 17. It is not clear whether it is the same or different heat exchanger with a fan as recited in line 7. For the purpose of this Office Action, the limitation has been interpreted as "the heat exchanger with the fan".
10. Claims 19 and 20 are rejected as depending from claim 18.
11. Claims 19 is 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. Claim 19 recites the limitation "the heat exchanger with a fan" in lines 1-2. It is not clear whether it is the same or different heat exchanger with a fan as recited in claim 18 from which it depends.. For the purpose of this Office Action, the limitation has been interpreted as "the heat exchanger with the fan".
Claim Rejections - 35 USC § 102
12. 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.
13. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
14. Claim(s) 1-5, 8-13, 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.
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); at least one temperature control element configured to absorb heat or exhaust heat from within the battery to outside the battery to decrease temperature within the battery(metal plate 9 bonded to phase change heat storage plate 2, fan 8, semiconductor refrigeration device 5, Example 1, Figs. 1 & 2); and a second at least one temperature control element configured to generate heat in order to increase temperature within the battery(PTC heating device 4, microchannel heat transfer tube 3, Example 1, Fig. 1) wherein the at least one temperature control element and the second at least one temperature control element are both within the battery(Figs. 1 & 2).
Regarding claim 2, 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) (metal plate 9 bonded to phase change heat storage plate 2, fan 8, semiconductor refrigeration device 5, Example 1, Figs. 1 & 2).
Regarding claim 3, Shuai discloses further comprising PCMs containers and wherein the PCMs and the PCMs containers are configured to absorb heat(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, Shuai discloses the at least one temperature control element is the thermal electric device(s)(semiconductor refrigeration device, Example 1); and wherein 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(Example 1).
Regarding claim 5, 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(controller 11, Example 1).
Regarding claim 8, Shuai discloses the at least one temperature control element is
a thermal electric cooler(semiconductor refrigeration device, Example 1).
Regarding claim 9, Shuai discloses the thermal electric cooler is used when the battery temperature exceeds an operating range(Example 1).
Regarding claim 10, Shuai discloses the operating range is 15°C to 30°C (Example 1) which is within the claim range between 5°C to 40°C, thus reading on the limitation.
Regarding claim 11, 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 (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 12, Shuai discloses air is flowed over the PCMs using the fan,
resulting in a phase change(Example 1).
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), and at least one temperature control element for cooling the inside of the battery (metal plate 9 bonded to phase change heat storage plate 2, fan 8, semiconductor refrigeration device 5, Example 1, Figs. 1 & 2); and wherein 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(Example 1).
Regarding claim 15, Shuai discloses the at least one temperature control element comprises a thermal electric cooler(semiconductor refrigeration device 5, Fig. 1, Example 1).
Regarding claim 16, 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(Example 1).
Regarding claim 17, Shuai discloses the operating range for uninterrupted battery operations is 15°C to 30°C (Example 1) which is within the claim range of 5°C to 40°C, thus reading on the limitation.
Claim Rejections - 35 USC § 103
15. 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.
16. 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.
17. 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 as applied to claims 1 and 5 above, and further in view of Dietze (US2021/0098831).
Regarding claim 6, Shuai discloses the BMS is configured to activate the at least one temperature control element in temperatures above 30°C to exhaust or remove heat from the battery and to activate the second at least one temperature control element in temperatures below 15°C to heat the battery to maintain the temperature within the battery within the operating range(Example 1) 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 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.
18. Claim(s) 7 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 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, Shuai discloses the at least one temperature control element is at least a fan (Example 1) but does not explicitly disclose one 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 Shuai with the at least one temperature control element is at least one heat exchanger with a fan as taught by Gering in order to control temperature of the battery to be within a predetermined optimal range.
19. 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 as applied to claim 13 above, and further in view of Dietze (US2021/0098831).
Regarding claim 14, Shuai discloses the BMS is configured to activate the at least one temperature control element in temperatures above 30°C to exhaust or remove heat from the battery and to activate the second at least one temperature control element in temperatures below 15°C to heat the battery to maintain the temperature within the battery within the operating range(Example 1) 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 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.
20. 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 further in view of Gering et al. (US2005/0167169) as cited in IDS dated 10/17/22.
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); a heat exchanger with a fan(microchannel heat transfer tube 3, fan 8, Figs. 1 & 2, Example 1); and a thermal electric cooler (semiconductor refrigeration device 5, Example 1, Fig. 1); a heating element within the battery and controlled by the BMS to generate heat and raise the temperature of the battery (PTC heating device 4, Fig. 1, Example 1); 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(Example 1). Shuai teaches the metal plate 9 is bonded to the phase change heat storage plate 2 and the internal phase change material 13 of the phase change heat storage plate 2 is melted and once the temperature exceeds 30°C, the controller is fed back via the temperature measuring point and the fan is turned on for active heat dissipation (Example 1, Fig. 1) but does not explicitly disclose wherein the heat exchanger 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 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 Shuai with the heat exchanger with the fan is controlled by the BMS 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 wherein the BMS is configured to activate the heat exchanger with the fan (Gering, [0051], [0054]) and the thermal electric cooler (Shuai, Example 1) in temperatures above 40°C to exhaust or remove heat from the battery (Gering, [0072]) and to activate the heating element (Shuai, Example 1) in temperatures below 5°C to heat the battery thereby maintaining the temperature within the battery within an operating range(Gering [0072]).
Regarding claim 19, modified Shuai discloses the PCM, the heat exchanger with the fan, and the thermal electric cooler are contained within the battery(Shui, Figs. 1 & 2).
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
21. 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 any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
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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.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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