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 . 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 Rejections - 35 USC § 102
The rejection of claims 1 and 2 under 35 U.S.C. § 102(a)(1) & (a)(2) as being anticipated by Yoon (US 2012/0009455 A1) is withdrawn because Applicant amended claim 1.
Claim Rejections - 35 USC § 103
The rejection of claims 3 and 5 under 35 U.S.C. § 103 as being unpatentable over Yoon in view of Lee et al. (US 2019/0173064 A1), hereinafter “Lee,” is withdrawn because Applicant amended claim 1.
The rejection of claim 6 under 35 U.S.C. § 103 as being unpatentable over Yoon in view of Ju et al. (US 2019/0260099 A1), hereinafter “Ju,” is withdrawn because Applicant amended claim 1.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of 木本 進弥 (JP 4440553 B2), hereinafter “‘553.”
Regarding claim 1, Yoon discloses a battery module comprising:
a battery cell stack in which a plurality of battery cells having electrode leads are stacked, in this case the battery cells arranged in a stack (¶ [0051]; Fig. 1, ref. no. 110) having positive and negative terminals (¶ [0051]; Fig. 1, ref. nos. 113 & 114);
an elastic member for covering a front surface, a rear surface, and side surfaces of the battery cell stack, in this case the band made from elastic material (¶ [0052]; Fig. 1, ref. no. 127);
a heat sink located under the battery cell stack, in this case the heat dispersion member (¶ [0049]; Fig. 1, ref. no. 125), and having a configuration in which a coolant flows therein, in this case the heat dispersion member may provide a coolant path (¶ [0068]); and
a thermal conductive resin layer located between the battery cell stack and the heat sink, in this case the bottom of the housing (¶ [0055]; Fig. 2, ref. no. 121a) that is formed of a material with superior heat conductivity such as a synthetic resin (¶ [0056]);
wherein a lower portion of the elastic member is open and a lower surface of the battery cell stack contacts the thermal conductive resin layer (see Fig. 2, ref. nos. 127, 110, & 121a).
Yoon does not explicitly state that the thermal conductive resin layer contacts the heat sink. However, Yoon does disclose that “the heat-conductive sheets may be installed through a bottom of the housing” and “the heat radiation part may be bent and brought into close contact or thermal co-operation with an exterior of the bottom of the housing” (¶ [0055], emphasis added and ref. numbers omitted). The word “may” indicates possibility or an option1. In this context, one with ordinary skill in the art would understand the inclusion of the bent portion of the heat radiation part (¶ [0055]; Fig. 2, ref. no. 123b) to be optional. Furthermore, ‘553 teaches a battery module including a battery cell stack, in this case the assembled battery (¶ [0022]; Fig. 9, ref. no. 1), placed on a thermal conductive resin layer, in this case the heat transfer sheet that may be a thermally conductive resin layer (¶ [0024]-[0025]; Fig. 9, ref. no. 12), positioned on a heat sink, in this case the frame-shaped heat transfer member (¶ [0024]; Fig. 9, ref. no. 14}, that is configured to have coolant to flow therein, in this case cooling medium may flow in the heat pipe (¶ [0024]; Fig. 9, ref. no. 15). One having ordinary skill in the art would have realized that a configuration where the thermal conductive resin layer contacts the heat sink would yield the predictable result of efficiently transferring heat away from the battery cells and to the cooling medium or coolant (see ¶ [0024]), thereby facilitating improved battery module operation and safety. Therefore, it would have been obvious to have disposed the thermal conductive resin layer in contact with the heat sink in order to have facilitated improved battery module operation and safety.
The limitation “formed by applying a thermal conductive resin onto the heat sink” is a functional limitation. Applicant is reminded that “[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).” M.P.E.P. § 2114 II. Here, the combination of Yoon and ‘553 teaches all of the positively-recited structural limitations necessary to perform the functional limitations. Thus, the claim is rendered obvious.
Regarding claim 2, Yoon further discloses that the elastic member is continuous along the front surface, rear surface, and both the side surfaces of the battery cell stack, in this case the band surrounds the battery cells (¶ 0052; Fig. 1, ref. no. 127).
Claims 3 and 5 are rejected under 35 U.S.C. § 103 as being unpatentable over Yoon and ‘553 as applied to claim 1, above, and further in view of Lee.
Regarding claim 3, Yoon further discloses that the heat sink comprises a space in which refrigerant flows, in this case the heat dispersion member may provide a coolant path (¶ [0068]; Fig. 1, ref. no. 125), but does not disclose the upper plate, lower plate, upper extension portions, and lower extension portions. However, Lee teaches a battery pack comprising:
a heat sink with an upper plate, in this case the second plate (¶ [0136]; Fig. 5, ref. no. 220b), and a lower plate, in this case the first plate (¶ [0136]; Fig. 5, ref. no. 220a), that form a space in which refrigerant flows, in this case coolant flows in the space between the first and second plates (¶ [0137]);
the upper plate comprises upper extension portions extending from opposite sides of the upper plate, in this case the protruding portions that contain the openings (¶ [0139]; Fig. 5, ref. nos. 228a & 228b); and
the lower plate comprises lower extension portions extending from opposite sides of the lower plate to a portion where the upper extension portions are located, in this case the channels (¶ [0139]; Figs. 5 & 6, ref. nos. 223a & 223b).
One having ordinary skill in the art would have understood that substituting the structure taught by Lee for that of Yoon would have yielded the predictable result of providing temperature control to the battery stack (see Lee ¶ [0135]). See M.P.E.P. § 2143 I. B. Therefore, it would have been obvious to have substituted the structure taught by Lee for the heat dispersion member of Yoon in order to yield the predictable result of providing battery stack heating and cooling (see Lee ¶ [0135]).
Regarding claim 5, Yoon does not disclose the lower plate. Lee teaches the lower plate as discussed in the rejection of claim 3, above, and further teaches that the lower plate comprises a base portion joined to the upper plate, in this case the external circumferential portion of the first plate is attached to the second plate (¶ [0136]-[0142]; Fig. 5, ref. nos. 220a & 220b) and a recessed portion that is recessed downward from the base portion to form a refrigerant flow path, in this case the concave portion (¶ [0137]-[0138]; Figs. 5 & 6, ref. no. 224). One having ordinary skill in the art would have understood that substituting the structure taught by Lee for that of Yoon would have yielded the predictable result of providing temperature control to the battery stack (see Lee ¶ [0135]). See M.P.E.P. § 2143 I. B. Therefore, it would have been obvious to have substituted the structure taught by Lee for the heat dispersion member of Yoon in order to yield the predictable result of providing battery stack heating and cooling (see Lee ¶ [0135]).
Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over Yoon and ‘553 as applied to claim 1, above, and further in view of Ju.
Regarding claim 6, Yoon discloses that the elastic member is continuous along the entire outer surface of the battery stack (¶ 0052; Fig. 1, ref. no. 127), but does not disclose the first and second sensing blocks. However, Ju teaches a battery module comprising:
a first sensing block covering a front surface of the battery cell stack, in this case the front block (¶ [0078]-[0080]; Fig. 2, ref. no. 301) of the sensing block (¶ [0078]; Fig. 2, ref. no. 300), and a second sensing block covering the rear surface of the battery cell stack, in this case the rear block (¶ [0078]-[0080]; Fig. 2, ref. no. 302) of the sensing block (¶ [0078]; Fig. 2, ref. no. 300), from which the electrode leads protrude (¶ [0134]; Fig. 6, ref. nos. 111 & 301); and
wherein at least two of the electrode leads pass through a slit of the first sensing block or a slit of the second sensing block, in this case the electrode leads pass through a perforation hole of the sensing block (¶ [0134]; Fig. 6, ref. nos. 111 & 301), and are bent and joined to form an electrode lead joint, in this case the electrode lead may be bent to come into contact with the bus bar (¶ [0136]; Fig. 6, ref. nos. 111 & 310).
One having ordinary skill in the art would have realized that providing such sensing blocks would allow detection and monitoring of voltage or other battery stack operating parameters (see ¶ [0027]) while allowing ease of module assembly and disassembly (see ¶ [0027]-[0030]), thereby facilitating improved module operation and reduced production costs. Therefore, it would have been obvious to have included the first and second sensing blocks in order to have facilitated improved module operation and reduced production costs.
Allowable Subject Matter
Claim 4 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.
The following is a statement of reasons for the indication of allowable subject matter: none of the cited prior art references disclose that through-holes are formed in both the upper and lower extension portions as required by claim 4.
Claims 7-17 are allowed.
The following is an examiner’s statement of reasons for allowance: no prior art reference could be found that fairly teaches or suggests a refrigerant-delivering bolt that fixes the heat sink to the pack frame that has a connection pipe that connects the pack refrigerant pipe and the heat sink formed within as required by claim 7.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 SCOTT J CHMIELECKI whose telephone number is (571)272-7641. The examiner can normally be reached M-F 9 am to 5 pm.
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/SCOTT J. CHMIELECKI/Primary Examiner, Art Unit 1729
1 https://www.merriam-webster.com/dictionary/may