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 .
Status of Claims
Claims 1-13 and 15-21 are currently pending
Claims 1, 7, 10, and 20 are amended
Claim 14 has been cancelled
New claim 21 has been added
Status of Amendments
The amendment filed 29 December 2025 has been fully considered, but does not place the application in condition for allowance.
This action has been made final.
Status of Objections and Rejections of the Office Action from 30 September 2025
The 103 rejections over Woehrle in view of Hambitzer and in further view of Zhang and Li are withdrawn in view of Applicant’s amendment. However, a new grounds of rejection over Woehrle in view of Hambitzer and in further view of Zhang and Li has been set forth, as necessitated by Applicant’s amendment.
The 103 rejections over Woehrle in view of Hambitzer and in further view of Dendary are withdrawn in view of Applicant’s amendment.
Claim Objections
Claims 1-13 and 15-19 are objected to because of the following informalities:
In claim 1, there is an additional “lec” after “an electrolyte;”
Claims 2-13, and 15-19 are objected to for being dependent on the objected base claim.
Appropriate correction is required.
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 1-4, 11-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Woehrle et al. (DE 102011077295 A1 with an alternate English translation being submitted for further clarity), hereinafter Woehrle, in view of Hambitzer et al. (WO 2018115016 A1), hereinafter Hambitzer.
Regarding claim 1, Woehrle teaches an apparatus including a battery cell [0001], the apparatus comprising:
an electrode stack 10 (Fig. 1), including:
an anode electrode 11;
a cathode electrode 12; and
a separator layer 13 disposed between the anode electrode 11 and the cathode
electrode 12 [0007];
an enclosure 14 configured for encasing and mechanically protecting the electrode stack;
a thermally conductive [0007] and electrically insulated [0012] inert fill material 20 located between the electrode stack and the enclosure [0013] configured for providing a thermally conductive connection between the electrode stack and the enclosure [0008]; and
a cooling plate in thermal contact with the enclosure, wherein the thermally conductive and electrically insulated inert fill material is in engagement with a first side of the enclosure and the cooling plate is in thermal contact with a second side of the enclosure directly opposite the thermally conductive and electrically insulated inert fill material. In this case Woehrle teaches the advantages of applying the heat transport element to the bottom of the electrode in the event that the battery modules are arranged with their underside on a cooling plate, which is considered to read on the limitation [0040].
Woehrle further teaches the typical presence of a lithium ion conducting salt in order for the intercalation of lithium ions or the deintercalation of lithium ions to take place [0003], but is silent as to the apparatus specifically comprising an electrolyte. However, Hambitzer teaches a battery apparatus comprising an electrode stack (Fig. 2), including an anode electrode 6, a cathode electrode, 9, and a separator 11, an enclosure 1-3, a fill material (pg. 16, ¶ 4), and an electrolyte (pg. 3, ¶ 9). Woehrle and Hambitzer are both considered to be equivalent to the claimed invention because they are in the same field of battery cell apparatuses with alumina fill materials. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Woehrle with the electrode stack and electrolyte of Hambitzer. Simple substitution of one known element for another, in this case one functioning lithium-ion battery makeup for another functioning lithium-ion battery makeup, to obtain predictable results has supported a prima facie obviousness determination. See MPEP 2143.I.B
Regarding claims 2 and 3, modified Woehrle teaches the apparatus of claim 1. Woehrle further teaches the thermally conductive and electrically insulated fill material 20 including ceramic particles formed from at least one of alumina oxide, silicon oxide, zeolite, lithiated zeolite, lithium lanthanum zirconium oxide, and lithium aluminum titanium phosphate, in this case aluminum oxide [0010].
Regarding claim 4, modified Woehrle teaches the apparatus of claim 2. Woehrle further teaches the thermally conductive and electrically insulated inert fill material 20 further including a polymeric binder configured for fixing a shape and location of the ceramic particles within the enclosure 14, in this case polypropylene which is filled with aluminum oxide [0038] and is form fit to the enclosure 14 and electrode stack 10 to provide improved thermal connection [0035].
Regarding claims 11-12, modified Woehrle teaches the apparatus of claim 1. Hambitzer further teaches the electrode stack includes a plurality of anode electrode and cathode electrode pairs, wherein each of the anode electrode and cathode electrode pairs includes a separator disposed therebetween, as required by claim 12 and seen in Fig. 2. Hambitzer is silent as to the electrode stack including a jellyroll electrode. However, Woehrle teaches the electrode stack including a plurality of anode electrode and cathode electrode pairs, wherein each of the anode electrode and cathode electrode pairs includes a separator disposed therebetween, as seen in Fig. 3, as being an art recognized equivalent for a jellyroll electrode stack including:
a flexible anode electrode layer 11;
a flexible cathode electrode layer 12; and
a flexible separator layer 13 disposed between the flexible anode electrode layer 11 and the flexible cathode electrode layer 12 [0007], wherein the flexible anode electrode layer, the flexible cathode electrode layer, and the flexible separator layer are disposed in a rolled configuration, such that a swirl pattern is created on two distal ends of the jellyroll electrode stack, as required by claim 11 and can be seen in Fig. 1. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode stack of Hambitzer to include the jellyroll shape taught by Woehrle. Simple substitution of one known element for another, in this case the layered electrode stack for the jellyroll shape, to obtain predictable results has supported a prima facie obviousness determination. See MPEP 2143.I.B.
Regarding claim 13, modified Woehrle teaches the apparatus of claim 1. Woehrle further teaches the apparatus being a prismatic battery cell, wherein the enclosure includes a rectangular can, as seen in Figs. 1-6.
Regarding claims 15-19, modified Woehrle teaches the apparatus of claim 1. Woehrle further teaches the enclosure 14 defining an inner recess configured for receiving the electrode stack 10 and including a bottom surface, a plurality of side wall surfaces, and a top surface, as seen in Fig. 6. Examiner notes that, in Figs. 5 and 6, Woehrle teaches that “the hatched areas represent the region of the heat transport element 20” and that proper heat transport “can be ensured by forming the heat transport element 20 on the long side of the electrode assembly 10” [0050]. Woehrle only teaches the heat transport element 20 as being disposed in between the electrode stack 10 and the enclosure 14 [0007-0008, 0013, 0017-0018]. Therefore, Fig. 6 does not depict the heat transport element 20 being disposed on the outside of the enclosure 14. Instead, it depicts an angle, different from the cutaway angles of Figs. 1-4, that more easily shows where the heat transport element 20 may be disposed between the electrode stack 10 and the enclosure 14. The heat transport element is still, however, physically located between the enclosure 14 and the electrode stack 10 [0007]. Woehrle teaches the heat transport element being formed along the bottom of the enclosure 14, as seen in Fig. 2 [0040], and on all sides and in the lid, as seen in Fig. 6 [0050], as well as teaching that the embodiments may be combined to ensure improved heat transfer [0050]. Therefore, the limitations specifying the location of the fill material in instant claims 15-19 are considered to be met.
Regarding claim 20, Woehrle teaches a method for forming a battery cell, the method comprising:
disposing an electrode stack 10 within an enclosure 14 configured for mechanically protecting the electrode stack;
disposing a thermally conductive [0007] and electrically insulated [0012] inert fill material 20 between the electrode stack and the enclosure [0013] wherein the thermally conductive and electrically insulated inert fill material 20 is configured for providing a thermally conductive connection between the electrode stack and the enclosure [0008]; and
positioning a cooling plate in thermal contact with the enclosure, wherein the thermally conductive and electrically insulated inert fill material is in engagement with a first side of the enclosure and the cooling plate is in thermal contact with a second side of the enclosure directly opposite the thermally conductive and electrically insulated inert fill material. In this case Woehrle teaches the advantages of applying the heat transport element to the bottom of the electrode in the event that the battery modules are arranged with their underside on a cooling plate, which is considered to read on the limitation [0040].
Woehrle is silent as to disposing a liquid electrolyte within the enclosure. However, Hambitzer teaches disposing an electrode stack within an enclosure configured for mechanically protecting the electrode stack (pg. 16, ¶ 4) and filling the cell with a liquid electrolyte (pg. 16, ¶ 6). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Woehrle in order to include the electrode stack and electrolyte introduction taught by Hambitzer. Simple substitution of one known element for another, in this case one functioning lithium-ion battery makeup method for another functioning lithium-ion battery makeup method, to obtain predictable results has supported a prima facie obviousness determination. See MPEP 2143.I.B
Claims 5-9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Woehrle in view of Hambitzer, as applied to claims 1, 4, and 20, and in further view of Zhang et al. (CN 107293684 A), hereinafter Zhang.
Regarding claims 5, 6, and 9 modified Woehrle teaches the apparatus of claim 1 and claim 4. Woehrle further teaches the ceramic particles and the polymeric binder being applied to a bottom surface of an interior defined by the enclosure, as seen in Fig. 2 [0040]. Woehrle and Hambitzer are silent as to the polymeric binder including polyvinylidene fluoride, poly(vinylidene fluoride-co-hexafluoropropylene), or polytetrafluoroethylene, the ceramic particles and polymeric binder being dissolved in an organic solvent, and the fill material including a solid phase change material. However, Zhang teaches a diaphragm base surface slurry comprising phase change material micro-powder, as required by claim 9, ceramic powder, and a binder (pg. 2, ¶ 5). Zhang teaches the slurry as having increased heat conductivity (pg. 3, ¶ 12) and teaches a specified porosity for the diaphragm in order to avoid short-circuiting (pg. 4, ¶ 6). Therefore, one of ordinary skill in the art would expect the diaphragm coating to have a similar desire to avoid short circuiting, indicating electrical insulation. Zhang further teaches the binder comprising polyvinylidene fluoride, as required by claim 5, and organic solvent (pg. 2, ¶ 8). Therefore, because all components of the slurry are uniformly agitated (pg. 2, ¶ 14), the limitation of instant claim 6 that the ceramic particles and polymeric binder are dissolved in an organic solvent is considered to be met.
Woehrle and Zhang are both considered to be equivalent to the claimed invention because they are in the same field of thermally conductive and electrically insulative fill materials. Examiner notes that the fill material of Zhang is taught to coat a diaphragm, likely in between electrodes, rather than being placed between the electrode and the enclosure. However, the slurry is designed to achieve the same task of thermal conduction and electrical insulation in order to protect the cell (Zhang pg. 3, ¶ 7). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the fill material of Woehrle with the fill material of Zhang.The selection of a known material based on its suitability for its intended use, in this case as a thermally conductive and electrically insulative fill material, supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Further, doing so would have produced a more environmentally friendly and safer lithium battery (Zhang pg. 1, ¶ 1).
Regarding claim 7, modified Woehrle in further view of Zhang teaches the apparatus of claim 6. Woehrle further teaches the thermally conductive and electrically insulated inert fill material being located between each of the sides of the electrode stack and the enclosure, a top of the electrode stack and the enclosure, and a bottom of the electrode stack and the enclosure, in this case through combining the teachings of Fig. 2 [0040] and Fig. 6 [0050]. Examiner notes that, in Figs. 5 and 6, Woehrle teaches that “the hatched areas represent the region of the heat transport element 20” and that proper heat transport “can be ensured by forming the heat transport element 20 on the long side of the electrode assembly 10” [0050]. Woehrle only teaches the heat transport element 20 as being disposed in between the electrode stack 10 and the enclosure 14 [0007-0008, 0013, 0017-0018]. Therefore, Fig. 6 does not depict the heat transport element 20 being disposed on the outside of the enclosure 14. Instead, it depicts an angle, different from the cutaway angles of Figs. 1-4, that more easily shows where the heat transport element 20 may be disposed between the electrode stack 10 and the enclosure 14. The heat transport element is still, however, physically located between the enclosure 14 and the electrode stack 10 [0007]. Woehrle teaches the heat transport element being formed along the bottom of the enclosure 14, as seen in Fig. 2 [0040], and on all sides and in the lid, as seen in Fig. 6 [0050], as well as teaching that the embodiments may be combined to ensure improved heat transfer [0050]. Therefore, the limitation that the inert fill material is located between each of the sides of the electrode stack and the enclosure, a top of the electrode stack and the enclosure, and a bottom of the electrode stack and the enclosure is considered to be met. Zhang further teaches a thermally conductive and electrically insulated inert fill material comprising aluminum oxide ceramic powder (pg. 2, ¶ 7) and polyvinylidene fluoride polymeric binder (pg. 2, ¶ 8). Both compounds are included in the list of claimed materials. Therefore, one of ordinary skill in the art would expect the resulting fill material to scavenge and retain moisture, hydrogen fluoride, or manganese(2+) from the electrolyte. Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
Regarding claim 8, modified Woehrle teaches the apparatus of claim 1. Modified Woehrle is silent as to the thermal conductivity value of the polymeric binder. However, Zhang teaches a thermally conductive and electrically insulated inert fill material comprising aluminum oxide ceramic powder (pg. 2, ¶ 7) and polyvinylidene fluoride polymeric binder (pg. 2, ¶ 8). Polyvinylidene fluoride is included in the list of claimed materials. Therefore, one of ordinary skill in the art would expect the polymeric binder to have a thermal conductivity of from 0.1 W/mK to 20 W/mK. Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the fill material of Woehrle with the fill material of Zhang. The selection of a known material based on its suitability for its intended use, in this case as a thermally conductive and electrically insulative fill material, supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Further, doing so would have produced a more environmentally friendly and safer lithium battery (Zhang pg. 1, ¶ 1).
Regarding claim 21, modified Woehrle teaches the method of claim 20. Woehrle further teaches the thermally conductive and electrically insulated fill material 20 including ceramic particles [0010] and a polymeric binder configured for fixing a shape and location of the ceramic particles within the enclosure 14, in this case polypropylene which is filled with aluminum oxide [0038] and is form fit to the enclosure 14 and electrode stack 10 to provide improved thermal connection [0035], and being applied to a bottom surface of an interior defined by the enclosure, as seen in Fig. 2 [0040]. Woehrle and Hambitzer are silent as to the polymeric binder including polyvinylidene fluoride, poly(vinylidene fluoride-co-hexafluoropropylene), or polytetrafluoroethylene and the ceramic particles and polymeric binder being dissolved in an organic solvent. However, Zhang teaches a diaphragm base surface slurry comprising a ceramic powder and a binder (pg. 2, ¶ 5). Zhang teaches the slurry as having increased heat conductivity (pg. 3, ¶ 12) and teaches a specified porosity for the diaphragm in order to avoid short-circuiting (pg. 4, ¶ 6). Therefore, one of ordinary skill in the art would expect the diaphragm coating to have a similar desire to avoid short circuiting, indicating electrical insulation. Zhang further teaches the binder comprising polyvinylidene fluoride and organic solvent (pg. 2, ¶ 8). Therefore, because all components of the slurry are uniformly agitated (pg. 2, ¶ 14), the limitation that the ceramic particles and polymeric binder are dissolved in an organic solvent is considered to be met.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the fill material of Woehrle with the fill material of Zhang. The selection of a known material based on its suitability for its intended use, in this case as a thermally conductive and electrically insulative fill material, supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Further, doing so would have produced a more environmentally friendly and safer lithium battery (Zhang pg. 1, ¶ 1).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Woehrle in view of Hambitzer, as applied to claim 1, and in further view of Li et al. (CN 110828883 A), hereinafter Li.
Modified Woehrle teaches the apparatus of claim 1. Hambitzer further teaches the electrolyte being a liquid electrolyte (pg. 16, ¶ 6). Modified Woehrle is silent as to the thermally conductive and electrically insulated inert fill material including a foam soaked with the liquid electrolyte. However, Li teaches a lithium-ion battery comprising a similar porous ceramic coating comprising ceramic particles, dispersant, and a binder (pg. 2, ¶ 4). Li further teaches the ceramic coating as having a porosity of 30 to 50 % (pg. 2, ¶ 6).
Woehrle and Li are both considered to be equivalent to the claimed invention because they are in the same field of battery cell apparatuses with fill materials. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the fill material of Woehrle with the ceramic coating of Li. Doing so would have improved the safety performance and cycle performance of the battery (Li pg. 5, ¶ 5). Further, one of ordinary skill in the art would expect the liquid electrolyte of modified Woehrle to soak into the high porosity ceramic coating taught by Li. Therefore, the combination is considered to read on the limitation of the fill material including a foam soaked with the electrolyte.
Response to Arguments
Applicant's arguments filed 29 December 2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 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.
Applicant argues that Figures 5-6 of Woehrle illustrate “a battery cell from the outside” with the heat transport element being located outside of the case 14. Examiner respectfully reasserts that the figures showing the battery cell from the outside are only meant as a different angle for viewing the cell, compared to the cross section views of Figures 1-4, that more easily shows what area the heat transport element is located in in relation to the entire apparatus. Woehrle only ever teaches the heat transport element as being located in between the electrode stack and the enclosure in order to transport heat from the electrode stack to the housing and thus to the outside [0007-0008, 0013, 0017-0018]. There is no teaching or indication that the same effect could be accomplished by coating the heat transport element onto the outside of the enclosure. Therefore, Figures 5 and 6 are expected to be viewed as if the enclosure 14 were invisible to see where the heat transport element is located in between the electrode stack and the enclosure, not where the heat transport element is located on the outside of the enclosure.
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 DUSTIN KENWOOD VAN KIRK whose telephone number is (703)756-4717. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/DUSTIN VAN KIRK/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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