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 .
Response to Amendment
In response to the amendment received on 07/28/2026:
Claims 1, 4-7, and 10-11 are pending in the current application. Claims 1, 4-7, and 10 have been amended.
The previous prior art-based rejection have been withdrawn in light of the amendments to the claims.
Response to Arguments
Applicant’s arguments with respect to 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.
Claims 1 and 4, thus their dependent claims, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “…wherein electrode leads extend from at least one of the third side surface and the fourth side surface”.
The claim recites wherein each battery module of the battery modules includes a third side surface and a fourth side surface.
Therefore, it is unclear which third side surface and fourth side surface of which of the battery modules has electrode leads extending therefrom.
Further, the claim recites “…wherein the upper thermal conductive resin layer comprises a first upper thermal conductive resin layer and a second upper thermal conductive resin layer that are spaced apart from each other, wherein electrode leads protrude in a second direction, and the first upper thermal conductive resin layer and the second upper thermal conductive resin layer are located apart from each other in the second direction”.
The claim recites wherein each battery module of the battery modules include an upper thermal conductive resin layer.
It is unclear which upper thermal conductive resin layer of the upper thermal conductive resin layers of the battery modules is “the upper thermal conductive resin layer” comprising the first upper thermal conductive resin layer and the second upper thermal conductive resin layer that are spaced apart from each other.
Further, it is also unclear which “electrode leads” are being referred to (as set forth in the first section of this rejection of claim 1).
In order to advance prosecution, the Examiner is interpreting claim 1 such that each battery module includes electrode leads that extend from at least one of their respective third side surface and fourth side surface, each battery module’s electrode leads protrude in a second direction, and each battery module includes an upper thermal conductive resin layer comprising a first upper thermal conductive resin layer and a second upper thermal conductive resin layer spaced apart from each other in the second direction.
Given claims 4-7 and 10-11 depend upon claim 1, they are rejected for the same reasons.
Regarding claim 4, the claim recites “…wherein: the module frame…”.
It is unclear which module frame of the battery modules each having a module frame is being referred to.
In order to advance prosecution, the Examiner is interpreting claim 4 to recite that each module frame of each battery module comprises the claimed limitations.
Given claims 5-7 depend from claim 4, they are rejected for the same reasons.
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, 4-7, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bang et al (US 20180034117 A1) in view of Knaupp et al (CN112368875A, using the provided machine English translation from Espacenet) in view of Lin et al (US 20170012259 A1) in view of Seo et al (KR20190110782A, using the provided machine English translation from Espacenet) in view of Fujii (US 20190221904 A1).
Regarding claim 1, Bang discloses a battery pack (battery pack 200 in Figs. 5-6; see entire disclosure and especially P50-51) comprising:
battery modules (battery cell modules 220 and 230 in Figs. 5-6; see entire disclosure and especially P51), each battery module comprising:
a battery cell stack in which a plurality of battery cells are stacked in a first direction (secondary batteries 110 in Fig. 3; see also Fig. 6; see entire disclosure and especially P7), the battery cell stack having an upper surface, a lower surface facing a direction opposite to the upper surface, a first side surface, a second side; surface facing a direction opposite to the first side surface, a third side surface, and a fourth side surface facing a direction opposite to the third side surface (see the annotated Bang Fig. 3 provided below);
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Annotated Bang Fig. 3
a module frame that wraps the first side surface and the second side surface (the module frame can be drawn to first end plate 120A and second end plate 120B in Figs. 3 and 6; see entire disclosure and especially P7), the module frame having an open part formed on a lower side thereof (as seen in Figs. 3 and 6, the battery cells are exposed on the bottom from the first end plate 120A and second end plate 120B);
a pack frame for housing the battery modules (battery carrier 210 in Fig. 6; see entire disclosure and especially P52);
a lower thermal conductive layer located between the battery modules and a bottom part of the pack frame (the lower thermal conductive layer is drawn to the two thermal pads 500 located between each of the modules 220/230 and battery carrier 210 in Fig. 6; see entire disclosure and especially P53); and
a heat sink located on the bottom part of the pack frame (one or both of cooling plates 400 located under modules 220/230 in Fig. 6; see entire disclosure and especially P51),
wherein electrode leads extend from at least one of the third side surface and the fourth side surface (see the annotated Bang Fig. 3 above),
wherein a second portion of the lower surface of the battery cell stack is exposed through the open part, and in contact with the lower thermal conductive layer through the open part (as seen in Figs. 3 and 6, the battery cells are exposed on the bottom from the first end plate 120A and second end plate 120B; the exposed portion is in contact with the thermal pad 500),
wherein the lower thermal conductive layer is in contact with the heat sink (see Fig. 6 wherein thermal pad 500 sits on top of cooling plate 400), and
wherein the electrode leads protrude in a second direction (see the annotated Bang Fig. 3 above).
However, Bang discloses the lower thermal conductive layer is a thermal pad, not that the lower thermal conductive layer is a lower thermal conductive resin layer.
In a similar field of endeavor, Knaupp teaches a thermal pad can be made of silicone or acrylic resin to transfer heat from one or more battery cells of a battery pack to a heat pipe (P19).
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 Knaupp and selected the lower thermal conductive resin layer (thermal gap pads) of Bang to include acrylic resin, given Knaupp teaches a thermal pad used to transfer heat from battery cells to a cooling structure can be made of acrylic resin, and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
From this modification, modified Bang meets the limitation wherein the lower thermal conductive layer is a lower thermal conductive resin layer, given the thermal pads constituting the lower thermal conductive layer can include acrylic resin.
However, modified Bang does not meet the limitation wherein the module frame also wraps a first portion of the lower surface of the battery cell stack alongside wrapping the first side surface and the second side surface.
In a similar field of endeavor, Lin teaches a battery module includes side plates (3 in Fig. 2) each having a bottom portion (32 in Fig. 2) that is bent and extends under a lower surface of a battery stack (P46). Lin teaches this improves the rigidity of each side plate (P46).
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 Lin and provided to the module frames (first end plate 120A and second end plate 120B) of each battery module of modified Bang a bent bottom portion that extends under a first portion of the lower surface of the battery cell stack, given Lin teaches this can improve the rigidity of plates and one of ordinary skill in the art would recognize it would improve the rigidity of the module frame (first end plate 120A and second end plate 120B).
However, modified Bang does not meet the limitation wherein the module frame also wraps the upper surface alongside wrapping the first side surface, the second side surface, and the first portion of the lower surface of the battery cell stack.
In a similar field of endeavor, Seo teaches a battery module (10 in Fig. 2) including battery cells (100 in Fig. 2) and heat sinks provided on the top (first heat sink 500 in Fig. 2) and bottom (second heat sink 600 in Fig. 2) of the battery cells (P23, 36-38). Seo teaches the first heat sink (500) covers the upper side of the battery cells and includes a refrigerant to cool the battery cells (P37, 39). Seo teaches this provides direct cooling to the battery cells in comparison to a convention heat sink structure that is separately mounted outside of the battery module (P54). Seo also teaches using a pair of heat sinks can improve the cooling performance of the battery module (P55).
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 Seo and provided to the module frames (first end plate 120A and second end plate 120B having bent bottom portions) of each battery module of modified Bang a heat sink that covers the upper surface of the battery cell stack, given Seo teaches this provides direct cooling to the battery cells and Seo teaches using a pair of heat sinks can improve the cooling performance of a battery module.
From this modification, modified Bang meets the limitation wherein each battery module comprises a module frame that wraps the upper surface (via the heat sink added by the teaching of Seo), the first side surface (via first end plate 120A), the second side surface (via second end plate 120B), and a first portion of the lower surface of the battery cell stack (via the bent portions provided to the first end plate 120A and second end plate 120B by the teaching of Lin; the Examiner notes that the module frame is not required to be a fully integrated one-piece structure).
However, modified Bang does not meet the limitation wherein an upper thermal conductive resin layer is located between the upper surface of the battery cell stack and the module frame and containing a thermal conductive adhesive material.
In a similar field of endeavor, Fujii teaches a battery stack (1 in Fig. 1) that is connected to a cooler (2 in Fig. 1, P21). Fujii teaches the cooler can be a heat sink including a coolant flow path (P23). Fujii teaches a heat transfer member (10 in Fig. 1) including rubber particles and resin having a higher thermal conductivity than that of the rubber particles is provided between the battery stack and cooler (P24). Fujii teaches the heat transfer member is excellent in vibration resistance, which effectively prevents the cooling efficiency of the battery pack from decreasing due to a vibration (P24). Fujii teaches the resin included in the heat transfer member ensures a contact area with the cooler (P26).
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 Fujii and substituted the heat sink constituting part of each module frame of each battery module of modified Bang with the cooler and thermal transfer material as taught by Fujii, given the cooler and heat sink of modified Bang are both known heat sink structures used for cooling a stack of battery cells, Fujii teaches the heat transfer member can ensure contact area with the cooler and effectively prevent the cooling efficiency of the battery pack from decreasing due to a vibration, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
From this modification, modified Bang meets the limitation wherein each battery module comprises a module frame that wraps the upper surface (via the cooler added by the teaching of Fujii), the first side surface (via first end plate 120A), the second side surface (via second end plate 120B), and a first portion of the lower surface of the battery cell stack (via the bent portions provided to the first end plate 120A and second end plate 120B by the teaching of Lin; the Examiner notes that the module frame is not required to be a fully integrated one-piece structure).
Also from this modification, modified Bang meets the limitation wherein each of the upper thermal conductive resin layers comprise a first upper thermal conductive resin layer and a second upper thermal conductive resin layer that are spaced apart from each other, and the first upper thermal conductive resin layer and the second upper thermal conductive resin layer are located apart from each other in the second direction (see the Examiner’s interpretation of modified Bang provided below)
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Examiner’s interpretation of Modified Bang
Regarding claim 4, modified Bang meets the limitation wherein each module frame of each battery module comprises a ceiling part for covering the upper surface of the battery cell stack (drawn to the cooler added by the teaching of Fujii), and a first side surface part and a second side surface part covering the first side surface and the second side surface, respectively, of the battery cell stack (drawn to first end plate 120A and second end plate 120B; see the rejection of claim 1 above).
Regarding claim 5, modified Bang meets the limitation wherein each module frame of each battery module comprises a first extension part extending in parallel to the lower surface of the battery cell stack from one end of the first side surface part (bent bottom portion of first end plate 120A), and a second extension part extending in parallel to the lower surface of the battery cell stack from one end of the second side surface part (bent bottom portion of second end plate 120B; see the rejection of claim 1 above).
Regarding claim 6, modified Bang meets the limitation wherein: the open part is formed between the first extension part and the second extension part (see the rejection of claim 1; the bent portions do not extend completely under the entire lower surface of the battery cell stack, therefore, the open part would be formed between the two bent portions).
Regarding claim 7, modified Bang meets the limitation wherein the first side surface part is integrally formed with the first extension part and the second side surface part is integrally formed with the second extension part (see the rejection of claim 1).
Modified Bang does not meet the limitation wherein the ceiling part, the first side surface part, the second side surface part, the first extension part and the second extension part are integrally formed. However, this is merely using a one-piece construction for the module frame rather than the separate structures set forth by modified Bang.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have integrated the ceiling part (drawn to the cooler added by the teaching of Fujii), the first side surface part including the first extension part (first end plate 120A including bent portions), and the second side surface part including the second extension part (second end plate 120B including bent portions) in order to, for example, lessen manufacturing time and cost by forming the module frame as a single part and needing to only add the module frame as a single part to the battery pack rather than needing to construct several parts and add them separately to the battery pack, because the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Regarding claim 10, modified Bang meets the limitation wherein: the lower thermal conductive resin layer comprises a first lower thermal conductive resin layer and a second lower thermal conductive resin layer that are spaced apart from each other (given the lower thermal conductive resin layer is drawn to the two thermal pads 500, each under a respective battery module 220/230 in Bang Fig. 6; see the rejection of claim 1).
Regarding claim 11, modified Bang meets the limitation wherein: the first lower thermal conductive resin layer and the second lower thermal conductive resin layer are located apart from each other in the second direction (see the annotated Fig. 6 of Bang below).
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Annotated Bang Fig. 6
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 Mary Harris whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at (571)272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.G.H./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729