DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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 .
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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)(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.
(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.
Claims 1-7, 9, 11, 13-17, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by XIAO (US 20230087017 A1).
Regarding claim 1, XIAO discloses an enclosure assembly (housing 102); a first battery array housed within the enclosure assembly (one or more of battery cells 106, such as those to the right in Fig. 1); and a thermal barrier system including a component (thermal barrier component 110) arranged to interface with at least one of the enclosure assembly or the first battery array (thermal barrier component 110 interfaces with both the enclosure and cells 106 as shown in Fig. 1), wherein the component includes a foam portion (“polymer foam” [0053]) and an endothermic aerogel system (“aerogel layers optionally impregnated with functional materials” [0080] where “the functional material may contain water … adsorbed on the synergistic reaction agent (e.g., zeolite)” [0062] as well as the “functional material may further include a phase change material (“PCM”) [0064] and “the PCM may be configured to undergo endothermic phase change” [0065]).
Regarding claim 2, XIAO discloses the component of the thermal barrier system includes a bifurcation structure that is positioned between the first battery array and a second battery array (the vertical thermal barrier component 110 as shown in Fig. 1).
Regarding claim 3, XIAO discloses the bifurcation structure includes a mounting pedestal extending between the first battery array and the second battery array and a partition arranged to seal an interface between the first battery array, the second battery array, and a bus bar assembly (the vertical thermal barrier component 110 as shown in Fig. 1; XIAO notes the inclusion of “conventional components, such as bus bars” [0050], where the bus bar assembly may be one of any within the arrays or between the arrays; notably per instant paragraph [0049] “the mounting pedestal 52 and the partition 54 may be integrally formed” and therefore XIAO does not have to teach distinct structures for each limitation).
Regarding claim 4, XIAO discloses the component of the thermal barrier system includes a canopy structure (horizontal thermal barrier component 110 as shown in Fig. 1, reading on canopy as it is “above battery modules 104” [0051]) arranged to cover at least a portion of a bus bar assembly that electrically couples the first battery array to a second battery array (XIAO notes the inclusion of “conventional components, such as bus bars” [0050] as well as the thermal barrier components being “above battery modules 104” [0051] as such the barrier of XIAO covers at least a portion of a bus bar assembly coupling first to second arrays).
Regarding claim 5, XIAO discloses the canopy structure and a bifurcation structure of the thermal barrier system cooperate to isolate a first portion of an interior of the enclosure assembly where the first battery array resides from a second portion of the interior where the second battery array resides (“thermal barrier component 110 may be configured to slow temperature increase to reduce or prevent TRP, prevent fire, and/or reduce or prevent spread of fire” [0077]; the left and right arrays of Fig. 1 are isolated from each other by cooperation of the vertical and horizontal thermal barrier components; notably “isolate” as used in the instant involves “substantially” isolating per [0055] and per instant [0055] the “thermal barrier system 46 is therefore equipped to limit the array-to-array transfer of heat …”, as such isolate is not being read to be a complete isolation; therefore, XIAO’s terms of “slow … reduce or prevent” in combination with Fig. 1 and conventional design read on isolating the battery arrays).
Regarding claim 6, XIAO discloses the component of the thermal barrier system includes a canopy structure (horizontal thermal barrier component 110 as shown in Fig. 1, reading on canopy as it is “above battery modules 104” [0051]) arranged to cover a sensitive component of the first battery array (the sensitive component of the first battery array may be any of the “conventional components, such as bus bars” [0050], a single battery cell of the array, a battery case, a terminal, or sensitive cell internal components such as an electrolyte, all of which read on a sensitive component).
Regarding claim 7, XIAO discloses the canopy structure includes a first arm (referencing the orientation of Fig. 1, the left upper horizontal thermal barrier component 110 reads on arm wherein the vertical thermal barrier component 110 may be considered a ‘torso’ from which the arms project) that is arranged to contact a wall of an enclosure tray of the enclosure assembly (the such designated left arm contacts a wall) and a second arm (referencing the orientation of Fig. 1, the right upper horizontal thermal barrier component 110) that is arranged to contact an upper surface of the first battery array (the such designated right arm contacts the upper surface of the right battery array).
Fig. 1 of XIAO below with examiner’s notes:
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Regarding claim 9, XIAO discloses the foam portion includes a polyurethane foam (“the polymer foam may include polyurethane foam” [0053]).
Regarding claim 11, XIAO discloses an enclosure assembly (housing 102); a first battery array housed within the enclosure assembly; a second battery array housed within the enclosure assembly (one or more of battery cells 106, such as those to the right in Fig. 1); a bus bar assembly configured to electrically couple the first and second battery arrays (XIAO notes the inclusion of “conventional components, such as bus bars” [0050] and the connection of arrays is a fundamental aspect of battery pack design); and a thermal barrier system that includes a bifurcation structure arranged between the first battery array and the second battery array (the vertical thermal barrier component 110 as shown in Fig. 1), wherein the bifurcation structure includes a foam portion (“polymer foam” [0053]) and an endothermic aerogel system (“aerogel layers optionally impregnated with functional materials” [0080] where “the functional material may contain water … adsorbed on the synergistic reaction agent (e.g., zeolite)” [0062] as well as the “functional material may further include a phase change material (“PCM”) [0064] and “the PCM may be configured to undergo endothermic phase change” [0065]).
Regarding claim 13, XIAO discloses the thermal barrier system includes a canopy structure (horizontal thermal barrier component 110 as shown in Fig. 1, reading on canopy as it is “above battery modules 104” [0051]) arranged to cover at least a portion of the bus bar assembly (XIAO notes the inclusion of “conventional components, such as bus bars” [0050] as well as the thermal barrier components being “above battery modules 104” [0051] as such the barrier of XIAO covers at least a portion of a bus bar assembly coupling first to second arrays).
Regarding claim 14, XIAO discloses the canopy structure includes the foam portion and the endothermic aerogel system (“thermal barrier component 110 may be disposed … above” [0051], as such the elements reading on the portion and system apply to the canopy).
Regarding claim 15, XIAO discloses the canopy structure and the bifurcation structure cooperate to isolate a first portion of an interior of the enclosure assembly where the first battery array resides from a second portion of the interior where the second battery array resides (“thermal barrier component 110 may be configured to slow temperature increase to reduce or prevent TRP, prevent fire, and/or reduce or prevent spread of fire” [0077]; the left and right arrays of Fig. 1 are isolated from each other by cooperation of the vertical and horizontal thermal barrier components; notably “isolate” as used in the instant involves “substantially” isolating per [0055] and per instant [0055] the “thermal barrier system 46 is therefore equipped to limit the array-to-array transfer of heat …”, as such isolate is not being read to be a complete isolation; therefore, XIAO’s terms of “slow … reduce or prevent” in combination with Fig. 1 and conventional design read on isolating the battery arrays).
Regarding claim 16, XIAO discloses the thermal barrier system includes a canopy structure (horizontal thermal barrier component 110 as shown in Fig. 1, reading on canopy as it is “above battery modules 104” [0051]) arranged to cover a sensitive component of the first battery array or the second battery array (the sensitive component of the first battery array may be any of the “conventional components, such as bus bars” [0050], a single battery cell of the array, a battery case, a terminal, or sensitive cell internal components such as an electrolyte, all of which read on a sensitive component).
Regarding claim 17, XIAO discloses the canopy structure includes the foam portion and the endothermic aerogel system (“thermal barrier component 110 may be disposed … above” [0051], as such the elements reading on the portion and system apply to the canopy).
Regarding claim 19, XIAO discloses the thermal barrier plate includes the foam portion and the endothermic aerogel system (“thermal barrier component 110 may be disposed … between … above … below … sides” [0051], as such the elements reading on the portion and system apply to the thermal barrier plate).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over XIAO.
Regarding claim 8, XIAO discloses the component of the thermal barrier system includes a thermal barrier plate (thermal barrier components 110 shown in Fig. 1 which may be between, above, below and to the sides of the arrays per [0051]) arranged between the first battery array and a wire or a coolant line of the traction battery pack (while the disclosure of such an arrangement is not directly made in XIAO, the thermal barrier components 110 shown in Fig. 1 read on plate and the battery pack of XIAO has a “BMS, and optionally a cooling system” [0050] as well as “conventional components, such as bus bars, circuitry, and portions of terminals for external connection” [0050]; therefore the thermal barrier components 110 must necessarily be between a battery array and at least a wire in some manner). As such, it would have been obvious to one of ordinary skill in the art at the time of filing to arrange a thermal barrier plate between the battery array and at least a wire of the battery pack.
Regarding claim 18, XIAO discloses the thermal barrier system includes a thermal barrier plate (thermal barrier components 110 shown in Fig. 1 which may be between, above, below and to the sides of the arrays per [0051]) arranged between the first battery array or the second battery array and a wire or a coolant line of the traction battery pack (while the disclosure of such an arrangement is not directly made in XIAO, the thermal barrier components 110 shown in Fig. 1 read on plate and the battery pack of XIAO has a “BMS, and optionally a cooling system” [0050] as well as “conventional components, such as bus bars, circuitry, and portions of terminals for external connection” [0050]; therefore the thermal barrier components 110 must necessarily be between a battery array and at least a wire in some manner). As such, it would have been obvious to one of ordinary skill in the art at the time of filing to arrange a thermal barrier plate between the battery array and at least a wire of the battery pack.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over XIAO in view of JIANG (US 20220181715 A1, supplied with an IDS).
Regarding claim 10, XIAO discloses the endothermic aerogel system (“aerogel layers optionally impregnated with functional materials” [0080]) includes an aerogel additive (“the functional material includes a zeolite. The zeolite includes the oxide” [0018] as well as “the oxide is selected from the group consisting of: SiO2, Al2O3, ZrO2, TiO2, CaO, V2O5, MgO” [0019]; notably the instant states “the aerogel additives may include silica or metal oxides” [0064]), an intumescent additive (“the FR includes a phosphate-based fire retardant (e.g., (NH4)3PO4)” [0070]; notably the instant states “the intumescent additives may include mono ammonium phosphate” [0064]), and an endothermic additive (“the functional material may contain water … adsorbed on the synergistic reaction agent (e.g., zeolite)” [0062]). XIAO does not expressly teach melamine powder.
JIANG is directed to preventing thermal runaway in batteries through the use of thermal barriers, like XIAO.
JIANG teaches “the intumescent material can reduce the spread of flames using two energy absorbing mechanisms, including forming a char and then swelling the char” [0069] and “the acidic species… can react with the carbon source… to form a char… the blowing agent can then decompose to yield gaseous products that cause the char to swell” [0069].
JIANG discloses the acid source can include “melamine phosphate” [0070] and that the blowing agent can include “melamine” [0071], both of which read on a melamine powder.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the melamine of JIANG in the thermal barrier of XIAO to aid in the formation of a char and/or to cause the char to swell.
Therefore, modified XIAO discloses the use of melamine powder (as taught by JIANG).
Regarding claim 12, XIAO discloses the foam portion includes a polyurethane foam (“the polymer foam may include polyurethane foam” [0053]), and the endothermic aerogel system includes an aerogel additive (“the functional material includes a zeolite. The zeolite includes the oxide” [0018] as well as “the oxide is selected from the group consisting of: SiO2, Al2O3, ZrO2, TiO2, CaO, V2O5, MgO” [0019]; notably the instant states “the aerogel additives may include silica or metal oxides” [0064]), an intumescent additive (“the FR includes a phosphate-based fire retardant (e.g., (NH4)3PO4)” [0070]; notably the instant states “the intumescent additives may include mono ammonium phosphate” [0064]), and an endothermic additive (“the functional material may contain water … adsorbed on the synergistic reaction agent (e.g., zeolite)” [0062]). XIAO does not expressly teach melamine powder.
JIANG is directed to preventing thermal runaway in batteries through the use of thermal barriers, like XIAO.
JIANG teaches “the intumescent material can reduce the spread of flames using two energy absorbing mechanisms, including forming a char and then swelling the char” [0069] and “the acidic species… can react with the carbon source… to form a char… the blowing agent can then decompose to yield gaseous products that cause the char to swell” [0069].
JIANG discloses the acid source can include “melamine phosphate” [0070] and that the blowing agent can include “melamine” [0071], both of which read on a melamine powder.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the melamine of JIANG in the thermal barrier of XIAO to aid in the formation of a char and/or to cause the char to swell.
Therefore, modified XIAO discloses the use of melamine powder (as taught by JIANG).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over XIAO in view of EVANS (US 20210163303 A1).
Regarding claim 20, XIAO discloses “the functional material and binder may at least partially coat the porous matrix and/or infiltrate pores or voids of the porous matrix” [0055] and further discloses vacuum infiltration as well as squeezing the polyurethane foam to draw material into pores [0093]. However, XIAO does not expressly teach the foam portion is impregnated with the endothermic aerogel system.
EVANS is directed to aerogel-based components and systems for electric vehicle thermal management, like XIAO. EVANS discloses “impregnating a gel precursor solution into a continuous sheet of OCMF reinforcement material… to produce a sheet-like, OCMF-reinforced aerogel composition” [0188]. EVANS further discloses that “the term “OCMF-reinforced aerogel composition” refers to a reinforced aerogel composition comprising an open-cell macroporous framework material as a reinforcing phase” [0071] and that an example OCMF material includes “polyurethanes”, aligning with the polyurethane of XIAO.
EVANS teaches “the thermal barriers and aerogel compositions disclosed herein are useful for separating, insulating and protecting battery cells or battery components” [0040] as well as that the reinforcement “provides increased flexibility, resilience, conformability, or structural stability to the aerogel material” [0067].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the OCMF-reinforced aerogel composition of EVANS in the battery pack of XIAO as a thermal barrier with increased flexibility, resilience, conformability, or structural stability.
Therefore, modified XIAO discloses the foam portion is impregnated with the endothermic aerogel system (as taught by EVANS).
Conclusion
The prior art made of record and not relied upon considered pertinent to applicant's disclosure:
GUTIERREZ (US 20230327177 A1) directed to a layer of a compressible aerogel (17) between at least two of the battery cells (1) and a separation layer (19) is arranged between the stack and the circuit arrangement wherein the separation layer may include aerogel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS L MARTIN whose telephone number is (703)756-5449. The examiner can normally be reached M-F, 8am-5pm ET.
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721