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 .
Response to Amendment
This is a final Office action in response to Applicant’s remarks and amendments filed on 12/19/2025. Claims 1 and 7 are amended. Claims 1 – 16 are pending in the current Office action.
The objection to the specification established in the previous Office action is withdrawn in light of applicant’s amendments to the specification.
The objection to claim 1 established in the previous Office action is withdrawn.
The 35 U.S.C. 103 rejections set forth in the previous Office action is neither necessitated by an amendment of the claims nor based on information submitted in an IDS, as such this Office action is not made final (MPEP 706.07a).
Claim Objections
Claim 1 is objected to because of the following informalities: In line 6 of claim 1, the recitation “said structure” appears to be missing the word “layered” in front of structure. Appropriate correction is required.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and the cited prior art failing to explicitly teach/suggest the claimed structure of “a housing, in which said cell pack and structure are arranged” have been considered but are moot because the new ground of rejection relies on a teaching from the prior art Liu that was not specifically challenged in the arguments filed 12/19/2025.
Applicant's arguments with respect to claim(s) 1 and the combination of the prior art Barton and Liu have been fully considered but they are not persuasive. Specifically applicant argues that (1) one with ordinary skill in the art would not have been motivated to modify Barton with the teachings of Liu, (2) an skilled person would not find any guidance in Barton and Liu toward implementing a solution falling within the scope of claim 1, and (3) only with hindsight knowledge of the presently claimed subject matter, and therefore searching for individual features or words described without any relation to one another, could a skilled person arrive at a solution falling close to the claimed subject matter.
In response to arguments (1) and (2) , the examiner respectfully reminds applicant that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In the instant case, Barton, as established in the rejection , teaches including a layered structure on top of their battery cell pack structure (Refer to interconnect layer 700 and top plate 900 in Fig. 11; [0060]). In one embodiment, the top plate 900 is taught by Barton to be a two-layer structure comprised of a thick/structural layer that has an opening above each battery cell and a thin layer on top of the thick/structural layer ([0056]). Barton further discloses the layered structure including a material including a plurality of cuts, that is the thick/structural layer is comprised of a material including openings that are above each battery cell and are of a shape that allows for gas to be expelled ([0056]). The thin layer of Bartons is taught to be a material thin enough to rupture when pressure builds up from a failed battery cell ([0056]). Barton further teaches preferentially having the in layer rupture over only the failed battery cell and leaving the remaining cells covered ([0056]).
Liu, as established in rejection also teaches a module having a layered structure above the cells to control/allow the discharge of gas from cells and the topmost layer, a combustion barrier layer 216, has biased vents formed from a flap 248 and a hinge portion 256 (Figs 2 and 8 – 9; [0045];[0083]). The biased vents are taught to open by bending along the hinged portion when a predetermined threshold pressure is exerted {i.e. when pressure build up in module occurs or when gas is emitted from a failed electrical energy storage cell}; and thus allow for the exhaust of gases and thermal energy emanating from a failed electrical energy storage cell and the prevention of gases and thermal energy from impinging upon the biased vents of adjacent electrical energy storage cells ([0083]).
As such, since Liu appears to have a similar to concern/reason for implementing a layered structure over cylindrical battery cells in a battery module {i.e. providing a means for allowing discharge gas to escape from battery module structure and teaches a particular vent structure that achieves discharge without affecting other cells (See [0085];[0087] in Liu), the vent structure and layer materials taught by Liu appears applicable to the structure in Barton, and seems to properly support prima facie obviousness [see MPEP 2123(I)].
The examiner further notes that Barton teaches preferentially having the thin layer rupture over only the failed battery cell and leaving the remaining cells covered (Barton: [0056]); thus Barton’s layered structure is suggested to prevent failure of one cell from affecting an adjacent cell. Additionally, the examiner respectfully notes that Liu teaches that the opening of biased vents reduces the likelihood of gases and thermal energy emanating from a failed electrical energy storage cell 232 in a second electrical energy storage cell module 226 from being directed internally within the second electrical energy storage cell module 226, e.g., along dotted line 102 in Figure 5 ([0087]); thus Liu is not just concerned with preventing discharged gas from affecting an adjacent battery module, as seemingly argued by the applicant.
Furthermore, the fact that the inventor has recognized another advantage {i.e. improved control of emission of heated gases while protecting adjacent cells of the battery cell pack} which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Finally, in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning {i.e. argument (3)}, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 3 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Barton (US PG Pub. 2018/0212222 A1, cited in previous Office action mailed 10/14/2025) in view of Liu (EP3262705B1, cited in previous Office action mailed 10/14/2025).
Regarding Claim 1, Barton discloses a battery cell pack including a plurality of battery cells, that is Barton teaches an array of battery cells 100 positioned inside a module housing (Fig. 11; [0025]); and a layered structure disposed on top of the battery cell pack, that is Barton teaches having interconnect layer 700 and top plate 900 on top of the interconnect layer which necessarily provides a layered structure (Refer to Fig. 11; [0060]).
Barton teaches the battery cell pack forming energy storage system 1000 (Fig. 10 – 11; [0021 – 0022]), but does not particularly disclose a battery device, comprising a housing in which said battery cell pack and said structure are arranged (Fig. 11, 200; [0060]).
Liu teaches a portable electrical energy storage device including an electrical energy storage cell module 12 having a plurality of individual electrical energy storage cells 14, and the energy storage cell module is housed within a housing that includes a shell 18, base 22, and cover 20 (Figs. 1, 5, and 7; [0041];[0060];[0087]). The battery module structure taught in Liu includes cylindrical battery cells as well as venting structure to control/mitigate gas discharge when a battery cell in the module fails (Figs. 6 and 7; [0037];[0046 – 0047]).
Since Barton also teaches a battery module structure including cylindrical battery cells and structure to control/mitigate gas discharge when a battery cell fails (Fig. 11; [0051 – 0053]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to form a portable electrical energy storage device as taught by Liu using one or more of Barton’s taught battery modules, and thus obtain the claimed structure of a battery device, comprising a housing in which said battery cell pack and said layered structure are arranged, with a reasonable expectation of success in applying Barton’s battery module in an application suitable for a cylindrical cell battery module and obtaining a functioning portable electrical energy storage device.
The interconnect layer 700 of Barton’s corresponding layered structure includes connection means for both the positive terminal and negative terminal of the battery cells, and further functions to electrically connect the battery cells in parallel/series (Fig. 11; [0047 – 0049];0060]), as such the interconnect layer corresponds to the claimed electrically conductive layer arranged in contact with the battery cell pack to electrically connect the plurality of batter cells . Furthermore, the interconnect layer, which corresponds to the claimed electrically conductive layer comprises a plurality of openings (Refer to the openings that expose the upper portion of the battery cells in Fig. 8).
The top plate 900 of Barton’s corresponding layered structure is taught to be a thick/structural layer including weak areas for directing hot gases when a battery cell fails and expels its contents (Fig. 11; [0051 – 0053]). In one embodiment, the top plate is particularly described to have a two-layer structure comprised of a thick/structural layer that has an opening above each battery cell and a thin layer on top of the thick/structural layer ([0056]). By teaching the two-layer top plate embodiment, Barton further discloses the layered structure including a material including a plurality of cuts, that is the thick/structural layer is comprised of a material including openings that are above each battery cell and are of a shape that allows for gas to be expelled ([0056]).
Modified Barton does not explicitly disclose; however, the thick/structural layer being an insulating material.
Barton generally teaches that the top plate may comprise materials such as metal (with added electrical insulation to prevent any unwanted electrical), ceramic, metal with mica, fire retardant composites, plastics, or any other material that can provide the necessary structural insulating properties ([0057]).
Liu further teaches each energy storage cell module comprising an electrical energy storage cell barrier 24 located above the cells, and the electrical energy storage cell barrier includes a layer of thermal insulating material 26 and a layer of elastic material 28 (Fig. 2; [0045]). The inclusion of the thermal insulation layer is taught by Liu to provide a barrier that moves thermal energy from one side of electrical energy storage cell barrier to the other side, and thus reduces or avoids propagation of failure of electrical energy storage cells induced by elevated temperatures ([0046]).
Since Barton already teaches having the top plate be comprised of material that can provide the necessary structural insulating properties, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thick/structural layer of Barton be comprised of a thermally insulating material, and thus obtain the claimed insulating material, with a reasonable expectation of success that such a material would be suitable for the structure and achieve the benefit of mitigated/prevented propagation of electrical energy storage cell failure induced by elevated temperatures within the battery module.
By teaching the two-layer top plate embodiment, Barton further discloses the layered structure including a cover layer or coating forming an upper surface of the layered structure, that is the thin layer in Barton is a layer included on top of the thick/structural layer {i.e. corresponds to insulating material}, and further wherein said cover layer or coating includes a heat- and fire- resistant comprising mica, that is the thin layer in Barton is exemplified to be a thin mica layer ([0056]).
The thin layer of Bartons is taught to be a material thin enough to rupture when pressure builds up from a failed battery cell ([0056]). Barton further teaches preferentially having the in layer rupture over only the failed battery cell and leaving the remaining cells covered ([0056]).
Modified Barton does not explicitly disclose the thin layer further comprising a plurality of weakened portions or pre-cuts forming flaps, the flaps being openable by an increase in pressure resulting from burnout of a battery cell.
Liu further teaches an embodiment of the energy storage cell module including a storage cell barrier that comprises, as the topmost layer, a combustion barrier layer 216, that has biased vents formed from a flap 248 and a hinge portion 256 (Figs 8 – 9; [0083]). The biased vents are taught to open by bending along the hinged portion when a predetermined threshold pressure is exerted {i.e. when pressure build up in module occurs or when gas is emitted from a failed electrical energy storage cell}; and thus allow for the exhaust of gases and thermal energy emanating from a failed electrical energy storage cell and the prevention of gases and thermal energy from impinging upon the biased vents of adjacent electrical energy storage cells ([0083]).
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thin layer of Barton’s structured layer include the biased vents taught by Liu, and thus obtain the claimed plurality of plurality of weakened portions or pre-cuts forming flaps, the flaps being openable by an increase in pressure resulting from burn-out of a battery cell, with a reasonable expectation in achieving the venting capabilities desired by Barton, and, due to the one-way characteristic of the biased vents, the additional benefit of preventing the gases that may impinge on the biased vents from coming in direct contact with adjacent cells.
By including the layered structure as established above, modified Barton provides the claimed structure arranged such that, in case of burnout of a cell of said plurality of battery cells a ventilation passage is formed over said cell through: an opening of said plurality of openings in said electrically conductive layer, a cut in said insulating material, and an opened flap of said flaps in cover layer or coating. Specifically, the interconnect layer {i.e. corresponds to electrically conductive layer} includes open portions above each cell (Refer to openings shown in Figs. 7 – 8 of Barton), the thick/structural layer {i.e. insulating material} includes openings above each battery cell that allows for gas to be expelled when a battery cell fails (Barton: [0056]), and the modified thin layer includes flaps corresponding to the openings of the thick/structural layer that also allows for gas to be expelled when a battery fails (Barton: [0056] and Liu: [0083]), and due to the alignment of the openings and flaps, and the function of the openings and flaps, one with ordinary skill in the art would reasonably expect such structure to necessarily and inherently form a ventilation passage above the cells.
Regarding Claim 3, modified Barton discloses all limitations as set forth above. As established above, modified Barton’s thick/structural layer {i.e. corresponds to insulation material} is comprised of a thermally insulating material (Liu: [0046]).
Barton generally teaches that the top plate may comprise materials such as metal (with added electrical insulation to prevent any unwanted electrical), ceramic, metal with mica, fire retardant composites, plastics, or any other material that can provide the necessary structural insulating properties ([0057]).
Modified Barton does not explicitly disclose wherein said insulating material is electrically insulating.
Liu further teaches having the thermal insulation material layer 26 of the energy storage cell barrier be electrically nonconductive for the purpose of preventing the thermal insulating material from adversely affecting, e.g., short-circuiting, conductive features electrically connected to the electrical energy storage cells ([0046]).
Therefore, because the thick/structural layer in modified Barton is included on the interconnect layer of the battery module, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thick/structural layer be electrically insulating, with a reasonable expectation of success in ensuring that the layer does not adversely affect the electrically conductive interconnect layer of the battery module.
Regarding Claim 4, modified Barton discloses all limitations as set forth above. As established above, modified Barton’s thick/structural layer {i.e. corresponds to insulation material} is comprised of a thermally insulating material (Liu: [0046]).
Modified Barton does not explicitly disclose the thickness of the thick/structural layer, and thus, does not explicitly disclose wherein a thickness (h1) of said insulating material is in the range of 0.5 – 4 mm.
Liu further teaches having the thermal insulation material layer 26 of the energy storage cell barrier be of a thickness ranging from 0.5 to about 2 mm, and further teaches that the thickness can be made thicker or thinner depending on the amount of thermal insulation desired ([0046]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the thickness of the thick/structural layer to be 0.2 – 2mm, as taught by Liu, and thus have a thickness within the claimed range, with a reasonable expectation of success that such thickness would provide the sufficient thermal insulation.
Regarding Claim 5, modified Barton discloses all limitations as set forth above. As established above, modified Barton’s thick/structural layer {i.e. corresponds to insulation material} is comprised of a thermally insulating material (Liu: [0046]).
Barton generally teaches that the top plate may comprise materials such as metal (with added electrical insulation to prevent any unwanted electrical), ceramic, metal with mica, fire retardant composites, plastics, or any other material that can provide the necessary structural insulating properties ([0057]).
Liu further teaches having the thermal insulation material layer 26 of the energy storage cell barrier be electrically nonconductive for the purpose of preventing the thermal insulating material from adversely affecting, e.g., short-circuiting, conductive features electrically connected to the electrical energy storage cells ([0046]). Electrically non-conducting materials taught by Liu include elastic materials such as fluoropolymer rubber, butyl rubber, chlorosulfonated polyethylene rubber, epichlorohydrin rubber, ethylene propylene rubber, fluoroelastomer rubber, fluorosilicone rubber, hydrogenated nitrile rubber, natural rubber, nitrile rubber, perfluoroelastomer rubber, polyacrylic rubber, polychloroprene rubber, polyurethane rubber, silicone rubber and styrene butadiene rubber ([0047]).
Since Barton does not necessarily limit the materials of the top plate, which includes the thick/structural layer, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to further include an elastic material taught by Liu within the layer, with a reasonable expectation of success in achieving an electrically insulative quality in the layer for the purpose of ensuring that the layer does not adversely affect the electrically conductive interconnect layer of the battery module.
Since Liu teaches a finite list of elastic materials that includes fluoroelastomer materials, selection of fluoroelastomer material from Liu’s taught list would have been obvious before the effective filing date of the claimed invention, with a reasonable expectation of success that such a selection of material would be suitable for a layer included above cylindrical cells in the battery module and further be capable of providing the desired electrically insulative quality.
Regarding Claim 6, modified Barton discloses all limitations as set forth above. The thin layer in Barton is a layer included on top of the thick/structural layer {i.e. corresponds to insulating material}, and is exemplified to be a thin mica layer ([0056]).
Modified Barton does not explicitly disclose wherein said cover layer or coating layer is electrically insulating.
Liu further teaches having the thermal insulation material layer 26 of the energy storage cell barrier be electrically nonconductive for the purpose of preventing the thermal insulating material from adversely affecting, e.g., short-circuiting, conductive features electrically connected to the electrical energy storage cells ([0046]).
Therefore, because the thin layer in modified Barton is included with the thick/structural layer on the interconnect layer of the battery module, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thin layer of modified Barton be electrically insulating, with a reasonable expectation of success in ensuring that the layer does not adversely affect the electrically conductive interconnect layer of the battery module.
Regarding Claims 7 – 8, modified Barton discloses all limitations as set forth above. The thin layer in Barton is a layer included on top of the thick/structural layer {i.e. corresponds to insulating material}, and is particularly exemplified to be a thin mica layer ([0056]). In modified Barton, the thin layer of modified Barton further includes flaps that bend along a hinged portion when a predetermined threshold pressure is exerted {i.e. when pressure build up in module occurs or when gas is emitted from a failed electrical energy storage cell} (Liu: [0083]), as such one with ordinary skill in the art would reasonably expect said cover layer of modified Barton to have a thickness such that said flaps are openable by an increase in pressure from said burnout of the cell (Claim 7).
Modified Barton does not explicitly disclose wherein a thickness of the cover layer or coating is smaller than 300 µm (Claim 8).
Liu teaches forming elastic and/or insulating material layers with a thickness ranging from 0.5 to 2 mm for the purpose of achieving thermal insulation and/or electrical insulation ([0046 – 0047]). Liu further teaches that the layers can be made thinner/thicker depending on the amount of insulation desired, and thus, further suggests a thickness range overlapping/encompassing the claimed range.
Since Barton already teaches a desire to have the thin layer be thin for the purpose of allowing rupturing at the desired area above the cells, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thin layer of modified Barton have a thickness thinner than range taught by Liu, and further within claimed range, to optimize the thickness of the layer such that it is thin enough to allow for rupturing {i.e. opening of the flaps} but also capable of providing some level on insulation, with a reasonable expectation of success and without undue expectation [MPEP 2144.05(II)].
Regarding Claims 9 and 11, modified Barton discloses all limitations as set forth above. Barton further teaches bonding the thin layer {i.e. corresponds to cover layer} to the thick/structural layer {i.e. corresponds to insulating material} through adhesive, the aid of heat, or any other means suitable for the materials that comprise the top plate ([0056]).
Therefore, while modified Barton does not explicitly disclose an embodiment where the layered structure further comprises adhesive to attach said insulating material to said cover layer or coating (Claim 9), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the layered structure of modified Barton further comprise adhesive to bond the thin layer and thick/structural layer together, and thus obtain the claimed structure, with a reasonable expectation of success that such a method of would be suitable for attaching the layers.
The top plate 900, which comprises the thin layer and thick/structural layer [i.e. corresponds to insulating material}, is shown to be directly on top of interconnect layer 700 {i.e. corresponds to electrically conductive layer} (Barton: Fig. 11; [0061];[0056]).
Modified Barton does not explicitly disclose wherein said layered structure further comprises an adhesive to attach said insulating material with said electrically conductive layer (Claim 11); however, since Barton already teaches bonding layers of the top plate with adhesive (Barton: [0056]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the layered structure of modified Barton further comprise adhesive to bond the thick/structural layer and interconnect layer together, and thus obtain the claimed structure, with a reasonable expectation of success that such a method would be suitable for attaching the layers.
Regarding Claim 10, modified Barton discloses all limitations as set forth above. In Barton, the top plate 900, which comprises the thin layer {i.e. corresponds to cover layer} and thick/structural layer [i.e. corresponds to insulating material}, is shown to be directly on top of interconnect layer 700 {i.e. corresponds to electrically conductive layer} (Fig. 11; [0061];[0056]). Barton further teaches including the thick/structural layer over the interconnect layer and the thin layer on top of thick/structural layer ([0056]). Therefore, in modified Barton a first side of the insulating material is arranged in physical contact with the electrically conductive layer {i.e. the underside of the thick structural layer that faces the top of the interconnect layer} and a second side, opposite to the first side, is arranged in physical contact with the cover layer or coating {i.e. top side of the thick/structural layer in which the thin layer is included on}.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Barton (US PG Pub. 2018/0212222 A1) and Liu (EP3262705B1), as applied to claim 1 above, and further in view of Brohm (US 6,146,783 A, cited in previous Office action mailed 10/14/2025).
Regarding Claim 2, modified Barton discloses all limitations as set forth above. As established above, modified Barton’s thick/structural layer {i.e. corresponds to insulation material} is comprised of a thermally insulating material (Liu: [0046]), as such one with ordinary skill in the art would reasonably expect the layer to have a low thermal conductivity.
Modified Barton does not; however, particularly disclose the insulating thick/structural layer to have a thermal conductivity lower than or substantially equal to 1 W/m·K.
Brohm teaches a multi-cell storage battery including a thermally insulating solid layer between the cells, and the insulating layer is taught to have thermal conductivity 0.01 to about 0.02 W/ m·K (Col. 1, lines 60 – 64 and Col. 2, lines 44 – 47. The thermal transfer properties of the layer are taught to be dimensioned such that, in the event that a cell in the battery assembly reaches or exceeds the critical temperature, the neighboring cells are only gradually simultaneously heated due to the insulating material between the cells without being heated to the same critical temperature (Col. 1, lines 64 – 67 and Col. 2, lines 1 – 4).
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the thermal conductivity of modified Barton’s thick/structural layer be within the thermal conductivity range taught by Brohm, and thus within the claimed range, with a reasonable expectation of success in ensuring that thick/structural layer in modified Brohm is capable of being thermally insulating at critical battery cell temperatures.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Barton (US PG Pub. 2018/0212222 A1) and Liu (EP3262705B1), as applied to claim 1 above, and further in view of Kwag (US PG Pub. 20190097203 A1, cited in previous Office action mailed 10/14/2025).
Regarding Claim 12, modified Barton discloses all limitations as set forth above. Barton teaches including cylindrical battery cells within the battery module ([0024]).
Modified Barton does not explicitly disclose wherein said cell of said plurality of battery cells comprises a ventilation port adapted for releasing internal pressure and/or gas.
Kwag teaches cylindrical battery cells including a vent 110h on an upper end of the battery cells (Fig. 3; [0052 – 0054]). The cell vent is taught to reduce a high internal pressure accumulated within the battery cell and is designed to break at an internal pressure that is higher than a set value, to reduce the internal pressure of the battery cell ([0071]). Kwag further teaches using openings and barrier walls to guide and rapidly discharge flames and gas from cell vent to the outside, and further restrict the gas and flames from spreading (Fig. 8; [0085]). The communication between the vents and openings are further taught by Kwag to allow for the prevention or substantial prevention of explosions ([0089]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to include a cell vent on the cells of modified Barton, as taught by Kwag, and further have the cell vents in communication with the openings and vents of modified Barton’s layered structure, and thus obtain the claimed structure, with a reasonable expectation of success in increasing the safety modified Barton’s battery module by further ensuring rapid discharge of gas/flames in the event of cell failure.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Barton (US PG Pub. 2018/0212222 A1) and Liu (EP3262705B1), as applied to claim 1 above, and further in view of Tsuji (US PG Pub. 2015/0194641 A1, cited in previous Office action mailed 10/14/2025).
Regarding Claim 13, modified Barton discloses all limitations as set forth above. Barton teaches including cylindrical battery cells within the battery module ([0024]). Barton further teaches including additional structure around the cells to aid in electrical and/or thermal isolation as well as heat dissipation ([0033 – 0036]).
Modified Barton does not explicitly disclose wherein said cell of said plurality of battery cells comprises a heat- and fire- resistant sidewall.
Tsuji teaches coating cylindrical cells with three coating materials that provides the cells with heat resistance, fire resistance, and electrical insulation (Fig. 7; [0047];[0062]). The inclusion of the heat-resistant material of the coating inhibits the travel of flames, and when used in conjunction with the heat insulation coating material, prevents a chain reaction of burning from the burned cylindrical cell to another cylindrical cell adjacent to the burned cylindrical cell and improves the safety of the module battery ([0075]).
Since Barton already indicates a desire to control battery cell temperature/heat generated by the battery cells, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cylindrical cells of Barton by including the coating taught by Tsuji on the side walls, and thus obtain the claimed heat- and fire- resistant sidewall, with a reasonable expectation of success in improving the safety of the battery module of Barton.
Claim(s) 14 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Barton (US PG Pub. 2018/0212222 A1) and Liu (EP3262705B1), as applied to claim 1 above, and further in view of Murakami (US PG Pub. 2017/0301964 A1, cited in previous Office action mailed 10/14/2025)
Regarding Claims 14 – 16, modified Barton discloses all limitations as set forth above. Barton teaches additional embodiments of the battery module where each of the cells includes a sleeve that electrically and/or thermally isolates the cells and further where the cells are included in cooling tubes to remove heat generated by the cells ([0033 – 0036]).
Modified Barton does not explicitly disclose wherein the battery device comprises a metal framework, wherein said metal framework comprises a plurality of compartments adapted for the insertion of individual battery cells (Claim 14).
Murakami teaches a heat dissipating holder for cylindrical battery cells included in battery packs, and the holder body is made of metal having a high thermal conductivity so that the holder body is capable of more efficiently absorbing the heat generated in the battery cells ([0065 – 0067]). The holder body includes insertion holes for each battery cell to be included in ([0068 – 0069]). The holder taught by Murakami reduces temperature increases within the battery cell by efficiently dissipating the heat generated in the battery cells from their whole peripheries, which allows for improved safety and prevents the induction of thermal runaway of a battery cell ([0021 – 0023];[0033]).
Since Barton already suggests using additional structure surrounding the battery cells for purposes of heat insulation/electrical insulation/and or cooling, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to include the holder taught by Murakami in the battery module of modified Barton, with a reasonable expectation of success in achieving effective heat dissipation within the battery module as well as improved safety.
By being comprised of metal, and further by including individual insertion holes for the battery cells (Murakami: [0065 – 0069]), the battery holder of modified Barton reads on the claimed metal framework structure.
Additionally, the holder body is taught to comprise a metal having a thermal conductivity of 100 – 250 W/m·K (Murakami: [0067]), which significantly overlaps the claimed range of at least 150 W/m·K (Claim 15).
Murakami teaches that a high thermal conductivity provides more efficient heat absorption ([0067]), which suggests that selecting a metal with a thermal conductivity on the higher end of the taught range would allow for an increase in the heat absorption efficiency.
Therefore election of metal providing a thermal conductivity within the overlapping portion of the claimed range and the range taught by Murakami would have been obvious before the effective filing date of the claimed invention to optimize the heat dissipation efficiency of the holder, with a reasonable expectation of success and without undue experimentation [See MPEP 2144.05(II)].
Barton further teaches including a cold plate in thermal connection with the battery cells to further remove heat generated during system use, and that the cold plate can be in direct thermal contact with the battery cells, or, alternatively, one or more layers and/or features may be between the cold plate and the battery cells ([0038]).
Modified Barton does not explicitly disclose an embodiment wherein the battery device further comprises a cooling element arranged in thermal contact with said metal framework (Claim 16).
Since Barton already teaches using cold plates in thermal contact with cells or other structures included between the cells and cold plate for the purpose of removing generated heat, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to include a cold plate in contact with the cell holder of modified Barton, and thus obtain the claimed cooling element structure, with a reasonable expectation of success in improving the heat dissipation of modified Barton’s cell holder and achieving the heat removal desired by Barton.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM.
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/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 3/23/2026