DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
Response to Amendment
Support for the amendments to claims 1 and newly added claim 15 can be found in Applicant’s specification at P40, 46, 49, 63 and Applicant’s Figs. 5 and 10.
The amendments to the claims have been entered.
Response to Arguments
Applicant’s arguments, see Remarks Page 5, filed 12/31/2025, with respect to the objections to the claims have been fully considered. The objections have been withdrawn in light of the amendments to the claims.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 of the claims have been considered but are moot due to the amendment to the claims.
Claim Rejections - 35 USC § 112
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.
Claim 7 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 7 recites the limitation "the another adjacent battery cell of the plurality of battery cells". There is insufficient antecedent basis for this limitation in the claim. It is unclear which battery cell of the plurality of battery cells is “the another adjacent battery cell of the plurality of battery cells”.
Claim Rejections - 35 USC § 102
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Svensson (US 20220273975 A1).
Regarding claim 1, Svensson discloses an energy storage system, comprising:
a housing (see lid and tray depicted in Fig. 2) in which a plurality of battery cells (see the annotated Fig. below) are arranged, wherein the plurality of battery cells are spaced with respect to each other by a device (nozzle 35 in Fig. 4A) arranged between every two respective adjacent battery cells of the plurality of battery cells, so that a space is created therein (see the annotated Fig. below; given the claim only recites there is a plurality of battery cells and two of them must have a space between them, the broadest reasonable interpretation has been used to meet the claim), wherein at least one emergency cooling channel is associated with the space (when fire erupts between battery cells in the space shown in the annotated Fig. below and Fig. 4B, a fusable portion in the nozzle melts and liquid from liquid circuit 13 is sprayed into the space as shown in Fig. 4C; therefore, it can be said there is an emergency cooling channel associated with the space; see entire disclosure and especially P29, 36, 39-41); and
a cooling apparatus (thermal management system 5 in Figs. 1-2) having at least one cooling channel permitting a flow of cooling medium during normal operation ( first liquid circuit 13 in Figs. 1-2 and 4A-C), wherein the cooling medium is permitted to flow into the at least one emergency cooling channel in the event of damage (see entire disclosure and especially P31 and 39-41).
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Annotated Svensson Fig. 4A
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, 3, and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Burgers et al (US 20120107663 A1) in view of Asai (US 20110206948 A1) in view of Hildinger et al (US 20190229383 A1, provided in the 03/13/2023 IDS).
Regarding claim 1, Burgers discloses an energy storage system (battery unit system 50 in Fig. 8; see entire disclosure and especially P51), comprising: a plurality of battery cells (battery units 11 in Fig. 8), wherein the plurality of battery cells are spaced with respect to each other by a device (protruding members 52 in Fig. 8) arranged between every two respective adjacent battery cells of the plurality of battery cells, so that a space is created therein (there is a space created by the protruding members 52, the protruding members 52 just sit within the space; see entire disclosure and especially P51-53); and a cooling apparatus (heat exchanger structure 12 in Fig. 8) having at least one cooling channel permitting a flow of cooling medium during normal operation (fluid channel 26 in Figs. 2A-2B; see entire disclosure and especially P42, 51-52).
However, Burgers does not disclose a housing in which the plurality of battery cells are arranged.
In a similar field of endeavor, Asai teaches by housing battery blocks inside an outer case, the battery cells can be protected from external impact forces, and dust, dirt, and moisture prevention can be designed-in (P4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Asai and provided to Burgers a housing in which the plurality of battery cells and emergency cooling channel are arranged, given Asai teaches this can protect battery cells from external impact forces, and dust, dirt and one can design-in moisture prevention.
However, modified Burgers does not meet the limitation wherein at least one emergency cooling channel is associated with the space and wherein the cooling medium is permitted to flow into the at least one emergency cooling channel in the event of damage.
In a similar field of endeavor, Hildinger discloses a plurality of energy storage cells (2 in Fig. 1) separated by support frames (4 in Fig. 1) located between each adjacent energy storage cell (P24). Hildinger teaches the support frames form an intermediate space (6 in Fig. 1) between two adjacent energy storage cells (P24).
Hildinger teaches each intermediate space is associated with a coolant line (8 in Fig. 1) attached to a coolant feed line (5 in Fig. 1; P25). Hildinger teaches, in an emergency cooling situation, a specific coolant line guides the coolant into the intermediate space associated with this coolant line, as a result of which the energy storage cell associated with the coolant line is cooled (P25).
Hildinger teaches the coolant lines are provided with valves or emergency closures that allow a flow of coolant only above a specific limit temperature (P25). Hildinger teaches if the temperature of an energy storage cell in question exceeds the limit temperature, then the coolant line associated with this energy storage cell opens by way of the valve or of the emergency closure, such that coolant is able to flow out of the coolant feed line into the intermediate spaces, more precisely into the respective interior of the support frame (P27).
Hildinger teaches their emergency cooling system is formed to improve safety of an energy storage system (P4-6). Hildinger also teaches the emergency cooling system may be integrated into an existing store cooling system, and use the coolant (for example cooling medium) in the existing store cooling system in an emergency (P28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Hildinger and modified the energy storage system of modified Burgers such that the device (protruding member 52) includes an intermediate space, as described by Hildinger, therein that communicates with the cooling apparatus (heat exchanger structure 12) via a valve or emergency closure such that, in the case a temperature of a battery cell associated with the device exceeds the limit temperature, coolant from the cooling apparatus (heat exchange structure 12) can flow into the intermediate space of the device. This modification would be made because Hildinger teaches their emergency cooling system improves safety of an energy storage system, and their emergency cooling system may be integrated into an existing store cooling system, and use the coolant (for example cooling medium) in the existing store cooling system in an emergency.
Regarding claim 3, modified Burgers meets the limitation wherein the cooling channel includes at least one closure element which opens in the event of damage and establishes a flow-conducting communication between the cooling channel and the at least one emergency cooling channel (“A respective single valve or emergency closure is provided per energy storage cell 2, which valve or emergency closure blocks a flow of coolant through the associated coolant line 8 during normal operation of the energy storage cells 2 and allows a flow of coolant when the limit temperature of the associated energy storage cell 2 is exceeded”, Hildinger P26).
The examiner notes: “at least one closure element which opens in the event of damage and establishes a flow-conducting communication between the cooling channel and the emergency cooling channel” is a method of use limitation. The at least one closure element of modified Hildinger is capable of meeting the method of use. MPEP 2114 II states "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claim 5, modified Burgers meets the limitation wherein a sidewall of the at least one emergency cooling channel is formed by a housing sidewall of an adjacent battery cell of the plurality of battery cells (“The coolant lines 8 lead into one or two intermediate spaces 6 that bear on the energy storage cell 2 associated with the coolant line 8. More precisely, the two outer energy storage cells 2 of the energy storage module are provided with an intermediate space 6 only on their sides facing toward the center of the energy storage module. Therefore, the coolant lines 8 of the two outer energy storage cells 2 lead directly to these intermediate spaces 6”, Hildinger P26).
Regarding claim 6, modified Burgers meets the limitation wherein the emergency cooling channel is formed within the device (see the rejection of claim 1).
Regarding claim 7, modified Burgers meets the limitation wherein the energy storage system comprises at least two emergency cooling channels, wherein a first emergency cooling channel of the at least two emergency cooling channels is associated with one adjacent battery cell of the plurality of battery cells and a second emergency cooling channel of the at least two emergency cooling channels is associated with the another adjacent battery cell of the plurality of battery cells (there are a plurality of battery cells and a plurality of protruding members 52 between every adjacent two of the plurality of battery cells; therefore, it would be obvious to integrate the emergency cooling system of Hildinger in each plurality of protruding members 52 for the reasons described in the rejection of claim 1 above; this modification allows modified Burgers to meet the limitations of claim 7).
Regarding claim 8, modified Burgers meets the limitation wherein the device is formed of plastic, of metal or of ceramic (Burgers discloses the protruding members 52 can be “brazed, soldered, welded, or mechanically attached to the base plate 51”, P54; therefore, if the protruding member is attached to the base plate by brazing, the material used for the protruding member 52 can be inferred to be metal).
Regarding claim 9, modified Burgers meets the limitation wherein the device is formed separately from the plurality of battery cells (see Burgers Fig. 8).
Regarding claim 10, modified Burgers meets the limitation wherein the at least one emergency cooling channel is in communication with an environment on a side facing away from the at least one cooling channel (everything within the housing of modified Burgers is in thermal communication with each other, therefore the space/region/things outside of the emergency cooling channel (the environment) would be in thermal communication with the emergency cooling channel on a side facing away from the cooling channel).
Regarding claim 11, modified Burgers meets the limitation wherein the at least one closure element is configured to be thermally activated (“To this end, the coolant lines 8 are provided with valves or emergency closures, not shown, that allow a flow of coolant only above a specific limit temperature, in particular 100 to 130° C., and therefore block a flow of coolant up to this temperature”, P25; “A respective single valve or emergency closure is provided per energy storage cell 2, which valve or emergency closure blocks a flow of coolant through the associated coolant line 8 during normal operation of the energy storage cells 2 and allows a flow of coolant when the limit temperature of the associated energy storage cell 2 is exceeded”, Hildinger P26).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Burgers et al (US 20120107663 A1) in view of Asai (US 20110206948 A1) in view of Hildinger et al (US 20190229383 A1, provided in the 03/13/2023 IDS) as applied to claim 3, further in view of Girmscheid et al (US 20130014923 A1).
Regarding claim 4, modified Burgers does not meet the limitation wherein the device includes webs, which define the at least one emergency cooling channel.
In a similar field of endeavor, Girmscheid teaches webs can be arranged within a flow channel in rows crosswise to the direction of flow with each of the rows crosswise offset in the direction of flow by half a web distance (P41). Girmscheid teaches from this arrangement two effects follow: first, a change of a velocity of flow as the webs reduce a flow cross-section and second, a change of the direction of flow as the webs are also disposed to form flow guiding structures (P41). Girmscheid teaches both effects result in an advantageously turbulent flow (P41).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Girmscheid and modified the device of modified Burgers to include webs defining the at least one emergency cooling channel, such as utilizing the web structure as set forth in the flow channel of Girmscheid, given Girmscheid teaches this can advantageously provide turbulent flow.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Burgers et al (US 20120107663 A1) in view of Asai (US 20110206948 A1) in view of Hildinger et al (US 20190229383 A1, provided in the 03/13/2023 IDS) as applied to claim 3, further in view of Behlen et al (DE102019131386A1 using the provided machine English translation from Espacenet).
Regarding claims 12-13, modified Burgers does not meet the limitation wherein the at least one closure element is formed as a molded part such as a foil or as a plug.
In a similar field of endeavor, Behlen teaches the melting away of a plug can allow coolant to flow from a cooling circuit to a damaged area (P7). Behlen teaches a melt plug as a type of passive valve (P31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Behlen and selected the at least one closure element of modified Burgers to be a melt plug, given Behlen teaches a melt plug as a type of valve and the melting away can allow coolant to flow from a cooling circuit to a damaged area.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Burgers et al (US 20120107663 A1) in view of Asai (US 20110206948 A1) in view of Hildinger et al (US 20190229383 A1, provided in the 03/13/2023 IDS) as applied to claim 1, further in view of Takagi et al (US 20080318121 A1).
Regarding claim 14, modified Burgers does not meet the limitation wherein a cooling medium discharged from the at least one emergency cooling channel on a side opposite the at least one cooling channel is mixed with a pollutant gas discharged from one or more of the plurality of battery cells.
In a similar field of endeavor, Takagi teaches a power storage unit (1 in Figs. 1-2) including a plurality of batteries (122 in Figs. 1-2), a housing (case 13 in Figs. 1-2), and a coolant (23 in Figs. 1-2, P26). Takagi teaches, typically, a gas-release valve is provided at each battery cell to discharge the gas produced by electric decomposition of electrolyte solution upon overcharging of the battery cell, or the like, preventing an excessive increase in the internal pressure of the battery cell (P7).
Takagi teaches a breaker valve (16a in Fig. 2) is provided within the housing (P28-29). Takagi teaches the breaker valve breaks in response to an internal pressure within the housing can allow both gas and coolant to be discharged from the housing (P55, 60, 66-67). Takagi teaches this prevents an excessive increase in the internal pressure of the power storage unit (P16, 62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Takagi and provided to modified Burgers a gas-release valve to each battery cell and a breaker valve to the housing, given Takagi teaches this can prevent an excessive increase in the internal pressure of a battery cell and prevent an excessive increase in the internal pressure of the system itself by discharging both coolant and gas from the housing.
While modified Burgers does not meet the limitation wherein the breaker valve is on a side of emergency cooling channel opposite the at least one cooling channel, this is merely a rearrangement of the parts of modified Burgers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the parts of modified Burgers such that the at least one cooling channel sat atop the upper end of the battery cells and emergency cooling channel while the breaker valve sits on the lower end of the battery cells and emergency cooling channel in order to, for example, allow for easier discharge of the coolant and gas together due to gravity because the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 15, the claim recites “wherein the at least one cooling channel of the cooling apparatus is in the space, wherein the at least one cooling channel is separated from the at least one emergency cooling channel by webs, and wherein the webs melt in the event of damage and permit the cooling medium to flow into the at least one emergency cooling channel.”
None of the prior art of record described above, nor any other prior art found through further search and consideration, describe the limitations as set forth in claim 15.
Conclusion
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/MARY GRACE BYRAM/Examiner, Art Unit 1729