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 November 12, 2025:
Claim 6 has been canceled as per Applicant’s request. Claims 1-5 and 7-15 are pending.
The previous objection to the drawings have been withdrawn in light of the amendment.
The previous claim objection has been withdrawn in light of the amendment.
The previous prior art rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment. Thus, the action is final.
Drawings
The drawings were received on November 12, 2025. These drawings are acceptable.
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) 1-5 and 7-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ximena et al., as applied to claims 1 and 4, in view of US 2021/0020896 (Jang et al.).
As to claim 1, Ximena et al. teach a system for thermal management of a battery pack, wherein the battery pack comprises at least one cell stack comprising a plurality of battery cells arranged in the cell stack (figs. 1, 9), wherein the system comprises:
a cooling element (heat exchange device [20]) arranged at least on a top face of the battery cells (fig. 1),
wherein the cooling element comprises
a first heat exchange surface configured to be in thermal contact with at least one battery cell busbar and heat producing hotspot area of the battery cell casing (fig. 1; p 5, ll 6-14, para bridging pp 53-54);
a second heat exchange surface opposite the first heat exchange surface, wherein the second heat exchange surface is configured to be in thermal contact with at least one electrical circuit component of the battery pack (fig. 1; p 5, ll 6-14, para bridging pp 53-54); and
at least one extension arranged on the first heat exchange surface, wherein thermal energy is configured to be conducted from the at least one battery cell busbar, heat producing hotspot area of the battery cells, and at least one electrical circuit component to the cooling element (fig. 1; p 5, ll 6-14, para bridging pp 38-39, para bridging pp 53-54).
Ximena et al. do not teach the extension of the cooling element comprises at least one fin.
However, Jang et al. teach a cooling structure that covers multiple surfaces of a battery pack (constituting a fin), wherein cooling fluid is present in all sides of the cooling structure (figs. 1, 2, 4, 5; para 0007-0008). The motivation for having a cooling structure that covers multiple surfaces of a battery pack (an extension of a cooling element comprises at least one fin) is to improve cooling efficiency of the battery cells (para 0005, 0008). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have the extension of the cooling element comprises at least one fin (as taught by Jang et al. and applied to Ximena et al.) in order to improve cooling efficiency of the battery.
As to claim 2, Ximena et al. teach the first heat exchange surface is further configured to be in thermal contact with battery cell terminals (figs. 1, 9 (indicating batteries within the housing)).
As to claim 3, Ximena et al. teach the at least one electrical circuit component comprises at least one of the following: fuses, connectors, busbars, contactors, and circuit boards (fig. 1; p 3, ll 16-20; p 5, ll 6-14).
As to claim 4, Ximena et al. teach the cooling element (heat exchange device [20]) further comprises at least one thermal transfer channel [22] configured to form a flow channel for thermal transfer medium, and wherein the thermal transfer channel is configured to be located between the first and second heat exchange surfaces, or on the first or second heat exchange surface (figs. 1-4; p 38, line 35-39, line 10).
As to claim 5, Ximena et al. teach the cooling element is made of at least two metal sheets connected together (p7, ll 10-34),
wherein the thermal transfer channel is formed by at least one of the at least two metal sheets (p7, ll 10-34), and
an aluminum extrusion with a machined groove, wherein a pipe is configured to be pressed into the groove for forming the thermal transfer channel, a lid is added on the groove to form the thermal transfer channel, or the groove may be formed partly by the lid (p7, line 10-p7, line 24).
Note: one of the at least two layers is interpreted as a lid, wherein patterned bonding of the aluminum sheets forms the same product as claimed.
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)(citations omitted).
“The Patent Office bears a lesser burden of proof in making out a case of prima facie obviousness for product-by-process claims because of their peculiar nature” than when a product is claimed in the conventional fashion. In re Fessmann, 489 F.2d 742, 744, 180 USPQ 324, 326 (CCPA 1974). Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983). Ex parte Gray, 10 USPQ2d 1922 (Bd. Pat. App. & Inter. 1989). See MPEP section 2113.
As to claim 7, the combination would have the at least one fin configured to cover at least partly at least of one end face of the at least one battery cell, and wherein the at least one fin is configured to be in thermal contact with at least one hotspot area of the at least one battery cell end face (as the combination would have the cooling of structure of Ximena et al. extended to other surfaces than the terminal surface (i.e. an end face)). See the rejection to claim 6 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake. (Any portion of covered area can constitute a hotspot area, barring specification of what constitutes a hotspot area. Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Also, limitations appearing in the specification but not recited in the claim are not read into the claim. See In re Zletz, 893F.2d 319, 321-22,13 USPQ2d, 1320, 1322 (Fed. Cir. 1989).)
As to claim 8, the combination renders the limitation (the at least one fin comprises at least one thermal transfer channel) obvious, as Jang et al., relied upon to render obvious the at least one fin shows that there is fluid therein (thus constituting a thermal transfer channel) (figs. 4-5; para 0007-0008). See the rejection to claim 6 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake.
As to claim 9, Ximena et al. teach an interface material (thermally conductive paste or gel) between the cooling element and at least one of the at least one battery cell busbar, heat producing hotspot area of the battery cells, and the electrical circuit components (fig. 1; p 17, ll 5-13).
As to claim 10, Ximena et al. teach the interface material comprises at least one of heat-conducting filler material (thermally conductive paste or gel) and electrically insulating material positioned between the cooling element and at least one of, the at least one battery cell busbar, heat producing hotspot area of the battery cells, and the electrical circuit components of the battery pack (fig. 1; p 17, ll 5-13).
As to claim 11, Ximena et al. teach the heat-conducting filler material comprises at least one of curing paste, gap filler, gap pad, and adhesive; and wherein the electrically insulating material comprises at least one of thin foil, polymer, and paint (thermally conductive paste or gel – meets the heat-conducting filler claimed) (fig. 1; p 17, ll 5-13).
As to claim 12, Ximena et al. teach the cooling element (heat exchanger device [20]) is a fixing element of the battery cells or part of a battery cell fixing system (fig. 1, not shown clearly, but described on p 38, ll 6-21).
As to claim 13, Ximena et al. teach an interface material between at least one of the cooling element, the at least one battery cell busbar, and heat producing hotspot area of the battery cell casing,
wherein the interface material comprises thermal conductive adhesive or filling material (thermally conductive paste or gel) configured to integrate thermal conductivity and fixing the battery cells together and/or the cooling element to the battery cells (fig. 1; p 17, ll 5-13, para bridging pp 53-54).
As to claim 14, Ximena et al. teach at least one cell stack comprising a plurality of battery cells (figs. 1, 9) arranged in the cell stack (figs. 1, 9); and
a cooling element (heat exchange device [20]) arranged at least on a top face of the battery cells (fig. 1),
wherein the cooling element comprises,
a first heat exchange surface configured to be in thermal contact with at least one battery cell busbar and heat producing hotspot area of the battery cell casing (fig. 1; p 5, ll 6-14, para bridging pp 53-54);
a second heat exchange surface opposite the first heat exchange surface, wherein the second heat exchange surface is configured to be in thermal contact with at least one electrical circuit component of the battery pack (fig. 1; p 5, ll 6-14, para bridging pp 53-54); and
at least one extension arranged on the first heat exchange surface (figs. 1-4),
wherein thermal energy is configured to be conducted from the at least one battery cell busbar, heat producing hotspot area of the battery cells, and at least one electrical circuit component to the cooling element (fig. 1; p 5, ll 6-14, para bridging pp 38-39, para bridging pp 53-54).
Ximena et al. do not teach the extension of the cooling element comprises at least one fin.
However, Jang et al. teach a cooling structure that covers multiple surfaces of a battery pack (constituting a fin), wherein cooling fluid is present in all sides of the cooling structure (figs. 1, 2, 4, 5; para 0007-0008). The motivation for having a cooling structure that covers multiple surfaces of a battery pack (an extension of a cooling element comprises at least one fin) is to improve cooling efficiency of the battery cells (para 0005, 0008). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have the extension of the cooling element comprises at least one fin (as taught by Jang et al. and applied to Ximena et al.) in order to improve cooling efficiency of the battery.
As to claim 15, Ximena et al. teach a method for assembling a system for a battery pack thermal management, wherein the method comprises:
arranging at least one cell stack within an interior space of a battery pack housing, wherein the at least one cell stack comprises a plurality of battery cells arranged in the cell stack (figs. 1, 9; structure has associated method);
arranging a cooling element (heat exchange element [20]) to at least on a top face of the battery cells, wherein the cooling element comprises a first heat exchange surface and second heat exchange surface opposite the first heat exchange surface, and wherein the cooling element comprises at least one extension arranged on the first heat exchange surface (figs. 1-4; structure has associated method of arranging);
configuring the first heat exchange surface to be in thermal contact with at least one battery cell busbar and heat producing hotspot area of a batter cell casing (fig. 1; p 5, ll 6-14, para bridging pp 53-54; structure would require requisite configuring);;
configuring the second heat exchange surface to be in thermal contact with at least one electrical circuit component of the at least one battery cell pack (fig. 1; p 5, ll 6-14, para bridging pp 53-54; structure would require requisite configuring); and
configuring thermal energy conduction from the at least one battery cell busbar, heat producing hotspot area of the battery cell, and at least one electrical circuit component to the cooling element (fig. 1; p 5, ll 6-14, para bridging pp 38-39, para bridging pp 53-54; structure would require requisite configuring).
Ximena et al. do not teach the extension of the cooling element comprises at least one fin.
However, Jang et al. teach a cooling structure that covers multiple surfaces of a battery pack (constituting a fin), wherein cooling fluid is present in all sides of the cooling structure (figs. 1, 2, 4, 5; para 0007-0008). The motivation for having a cooling structure that covers multiple surfaces of a battery pack (an extension of a cooling element comprises at least one fin) is to improve cooling efficiency of the battery cells (para 0005, 0008). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have the extension of the cooling element comprises at least one fin (as taught by Jang et al. and applied to Ximena et al.) in order to improve cooling efficiency of the battery.
Response to Arguments
Applicant's arguments filed November 12, 2025 have been fully considered but they are not persuasive.
With respect to claim 1, Applicant argues that Ximena does not disclose that the heat exchanging device is in thermal contact with a heat producing hotspot area of the battery casing, as it is only in contact with bus bar connectors [60].
Examiner respectfully disagrees. Only thermal contact is required, accordingly, a broad interpretation can be applied to the first heat exchange surface (in relation to the second heat exchange surface) – i.e. opposing surfaces of the device fit the claimed invention, as thermal contact is provided throughout the surfaces. It is unsure how thermal contact is not maintained with the hotspot areas (note the para bridging pp 53-54 specifical notes the reduction in “hot spots” by its presence, thus indicating thermal contact, as claimed). Nothing in the claim language precludes the interpretation applied to the prior art. Thus, the argument is not persuasive, and the rejection of record is maintained.
With respect to claim 1, Applicant argues that Jang’s teaching is to a tank rather than fins (and thus the combination does not render obvious the claimed invention).
Examiner respectfully disagrees. As set forth in the rejection Jang’s structure extends along multiple sides, where rein an extension constitutes a fin. The claim provides not specific structure as to what constitutes the fin. Accordingly, nothing in the claim language precludes the interpretation applied to the prior art. Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Also, limitations appearing in the specification but not recited in the claim are not read into the claim. See In re Zletz, 893F.2d 319, 321-22,13 USPQ2d, 1320, 1322 (Fed. Cir. 1989). Thus, the argument is not persuasive, and the rejection of record is maintained.
Applicant argues claims 14-15 is similar to amended claim 1.
Examiner submits that the response to arguments regarding claim 1 has been set forth above and is incorporated herein but not reiterated herein for brevity’s sake.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
Conclusion
THIS ACTION IS MADE FINAL. 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 EUGENIA WANG whose telephone number is (571)272-4942. The examiner can normally be reached a flex schedule, generally Monday-Thursday 5:30 -7:30(AM) and 9:00-4:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duane Smith can be reached at 571-272-1166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUGENIA WANG/Primary Examiner, Art Unit 1759
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