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 .
Claim Objections
Applicant is advised that should claim 29 be found allowable, claim 30 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
Claims 23 and 24 recites the limitation "the structural features" in line 2 of each claim. There is insufficient antecedent basis for this limitation in the claim.
` Claim 23 is dependent upon claim 20, which is dependent upon claim 15, and ultimately dependent upon claim 1. None of claims 1, 15, or 20 recites a limitation for “structural features” (claim 2 does, however). For purposes of examination, the elements will be defined as by the instant specification, but the elements should be defined by the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-17 and 20-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bourke et al (2020/0220132).
Bourke et al disclose a battery pack comprising a thermal management system, wherein the system includes a plurality of cylindrical batteries 200, having top and bottom plates (160/167 and 130) and a body having sidewalls (131, 132; the battery pack clearly include extensions in the length/X, width/ Y, and height/ longitude direction meeting the envelope surface as instantly depicted and described) connecting the top and bottom (see figures 3A, 6A, 8A, 11A, [0067], [0068]), wherein the plate 130 comprises interior channel 129, for a thermal fluid extending along the bottom surface from one side to the other as required by the instant claim 1, and wherein the batteries are fixed in a battery engagement component 140 having a plurality of battery receiving openings 141 to “fix” an array of batteries (figure 3A; instant claim 25, comprising indentations extending from the bottom wherein the thermal element is located; instant claim 25).
Therefore, the invention of Bourke et al teaches each claimed element as set forth by the instant claim 1.
The reference further demonstrates that the bottom plate includes elements such as triangular extensions 157 of the battery engagement component 140 which form a grid and equate to the structural features 13 in a grid which are configured to withstand force (Figure 11A, [0070]-0073]; instant claim 2, 22-24).
The reference further teaches that there may be at least two packs in the battery case, wherein the thermal structural element (reference 130) from each of the packs is connected with one side facing the batteries in one of the packs, and facing a second pack batteries having similar features on each side (Figure 11A; instant claim 15).
The reference further teaches sleeve 160, equating to the instantly claim “middle layer” wherein the sleeve has side and bottom portions, wherein the bottom portions are between the bottom plate (thermal element) and the top surface, and comprise the instantly claimed attachment means in the fixation elements, be electrically isolating, and limit battery motion (figure 8A, instant claims 3, 5-7, 25). The sleeve is made of an electrically insulating polymer or coating, incudes polymers with ceramic filler and aluminum or born nitride ([0079]-[0082]; instant claims 4 and 8 (lower thermal conductivity than the thermal element; one of skill in the art would have immediately envisaged an anodized Al material known in the art which is insulating and non-conductive unlike non-anodized Al; instant claim 26). The sleeve is part of the thermally conductive plate and is electrically non-conductive (instant claim 9). The bottom surface of the sleeve constitutes a sheet material as required by the instant claim 10.
As seen in the drawings, especially figure 11A, the battery pack comprises the thermal structure arranged against the top surface (extensions 157 and top 160), and along the bottom surface (also 157 and 160; instant claim 11), and wherein the pack includes sidewalls attached to the thermal element plates ([0052]; instant claims 12 and 13). The two thermal plates would further include and additional flow channel as seen in figure 6A, wherein each fluid port 134 is connected to an interior channel 129, each extending from one side to the other of the plate as required by the instant claim 16 and sidewalls have opening 134 for fluid conductors (instant claim 21. The structure and connections of the devices and batteries are similar to that of the instant device, and therefore the thermal plates of the reference would meet the limitations of the instant claims for being current collectors (as described in the instant specification page 5, line 38 to page 6, line 14; instant claim 27). The two thermal plates 130 have triangular protrusions and is slid/ inserted into the groves to connect the plates thus meeting the limitations of the instant claim 14 (and are along the sidewall as required by the instant claim 20). While the reference does not specifically disclose a temperature sensor, the thermal control module for the pack which is used to control the temperature of the batteries would inherently include a temperature sensor in order to ascertain the temperature of the fluid to control the temperature ([0065], [0069], [0106]; instant claim 28). While not explicitly described, the battery modules would inherently comprise groove or indentations to allow for wires or cable to connect to battery management systems and external measurement and control systems and meet the limitations of the instant claim 17.
The battery packs are employed in a vehicle as required by the instant claims 29 and 30 (claims are identical).
Claim(s) 1-12, 17, and 25-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burgers et al (2012/0107663).
Burgers et al disclose a battery unit and heat exchanger 12 for cooling cylindrical batteries 11, wherein the base portion 16 of the battery unit includes recessed portions 18 formed in the bottom surface and are spaced apart along the length of the outer housing 14 (having a top plate and bottom plate with sidewalls as in figure 1) of the battery module unit 10. The base portion is aluminum or steel, and is impact formed or welded ([0035]).
The heat exchanger is in the form of a plate 20 (extending in a width and length direction, with a heigh, thus having a longitudinal direction), wherein the plate is tubular with first and second spaced apart walls 22, 24, which define a fluid channel 26 extending from one side to the other. The cooling plate further includes protruding members 30, which provide a peg and socket fixture with the recessed portion of the battery modules 18 ([0038]; the structure would provide protection from force as required by the instant claim 2). Therefore, the device of Burgers et al meets the limitations of the instant claim 1.
Protruding portions (pegs) equate to the instant middle layer between the thermal element and the bottom surface of the battery module, and would provide the attachment means and provide predetermined movement of the batteries given the fixing (instant claims 3, 5, 6, 25). Pegs 30 are made of a material which provided electrical isolation (reference teaches such material include aluminum as for the layer 16; [0038], [0039], [0049], [0050]; instant claims 7, 8), and have a thermal conductivity that than plate (lower thermal conductivity than the thermal element; one of skill in the art would have immediately envisaged an anodized Al material known in the art which is insulating and non-conductive unlike non-anodized Al, and plate is specifically contemplated to be a current collector; [0050], “plates” across the entire plate; instant claims 4, 9, 26, and 27). The flat upper surface of the peg equates to the sheet material as required by instant claim 10.
Another embodiment includes fins 54, 56, fixed to the heat exchanger plate, wherein the fins are place between each module, contacting the top surface and bottom surface of each of the multiple battery modules, as required by the instant claims 11 and 12 ([0053]-[0058]; figures 8-10).
Regarding claim 28, while the reference does not specifically disclose a temperature sensor, the thermal control module for the pack which is used to control the temperature of the batteries would inherently include a temperature sensor in order to ascertain the temperature of the fluid to control the temperature ([0038]; instant claim 28).
While not explicitly described, the battery modules would inherently comprise groove or indentations to allow for wires or cable to connect to battery management systems and external measurement and control systems and meet the limitations of the instant claim 17.
The battery packs are employed in a vehicle as required by the instant claims 29 and 30 (claims are identical).
Claim(s) 1-7, 9-20, 22, 23, 25, and 26-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zimmermann et al (2019/0252744).
Zimmermann et al disclose a battery module for a vehicle (instant claims 29 and 30) having a structure comprising at least one battery and cooling plates on both sides of the battery. The cooling plates are held on both sides by connecting rods which connect the plates to one another along the side of the battery.
The reference includes cylindrical batteries 1, cooling plates 2 at the top and bottom of the batteries, wherein the cooling plates have a multiplicity of fluid channels 7 (instant claim 16, 21 wherein there are fluid conductors to provide the fluid) to conduct a fluid or gas which extends from one side of the plate to another, and wherein the plates have an extension in the width direction, the length direction, and a height (equating to the claimed longitudinal direction). The battery module and cooling plates comprise a battery holder 3 as the instant “fixing element” (extending from the direction of the plate, figures, instant claim 25). Therefore, the battery module and cooling plates of the reference meet the limitations of the instant claim 1 (and instant claims 11, 12, 18, 19, 22 for the connection rods, and sidewalls in the longitudinal direction [0023]-[0026], and wherein the rods in the top and bottom plate provide structural elements as required by the instant claim 23).
The structure would provide protection from force as required by the instant claim 2, and the arrangement further comprises an insulation layer 11 between the cooling plates and the current collector 12 (instant claim 3). The insulation layer is arranged as a sheet over the plates and has a lower thermal conductivity (non-conductive) than the thermal element and battery holders (instant claim 4, 7, 9, 10), and as seen in figure 2, comprises attachment means wherein the pins 5 protrude through the insulation layer as required by the instant claim 5, and wherein the batteries are held in a predetermined means which a desired range of motion by user design (instant claim 6). In a preferred embodiment, multiple modules are comprised and connected along the sidewalls, and would comprise connecting means such as the claimed connecting rods ([0025], [0043]; instant claim 13, 14).
The device includes space for the connection wires ([0018]; instant claim 17)
Regarding claim 28, while the reference does not specifically disclose a temperature sensor, the thermal control module for the pack which is used to control the temperature of the batteries would inherently include a temperature sensor in order to ascertain the temperature of the fluid to control the temperature ([0038]; instant claim 28).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 8 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann et al in view of Bourke et al.
Both references have been discussed above.
Zimmermann et al includes an insulation layer (which would be non-conductive) but fails to specifically disclose the type of material.
Bourke et al disclose an insulating material for a similar battery arrangement, and teaches that the material is made of an electrically insulating polymer or coating, incudes polymers with ceramic filler and aluminum or born nitride ([0079]-[0082]; lower thermal conductivity than the thermal element; one of skill in the art would have immediately envisaged an anodized Al material known in the art which is insulating and non-conductive unlike non-anodized Al, and the plates are metal with the insulating layer is on the surface of the cooling plate; instant claim 26).
Therefore, given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the device of Zimmermann et al, choosing as the insulating material, Al, or anodized Al, as taught to be known in the art by Bourke et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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/AMANDA C. WALKE/ Primary Examiner, Art Unit 1722