DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a final office action in response to Applicant’s remarks and amendments filed on November 25, 2025. Claims 1, 5, 7, 8, 11, 13 and 17-20 are currently amended. Claims 2-4 are canceled. Claims 21-23 are newly added. Claims 1 and 5-23 are pending review in this action. The previous objections to the claims are withdrawn in light of Applicant’s corresponding amendments.
New grounds of rejection necessitated by Applicant’s amendments are presented below.
Claim Objections
Claim 1 is objected to because of the following informalities.
Claim 1 recites the limitation “at least one of the first set of apertures” (line 8) and “at least one of the second set of apertures” (lines 10-11).
For greater clarity, the limitations should be edited to read: “at least one aperture of the first set of apertures” and “at least one aperture of the second set of apertures”.
Claim 21 is objected to because of the following informalities.
Claim 21 recites the limitation “each of the second set of apertures” on line 1.
For greater clarity, the limitation should be edited to read: “each aperture of the second set of apertures”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 17, 18 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pre-Grant Publication No. 2021/0074960, hereinafter Stude.
Regarding claim 17, Stude teaches a heat insulation element (1, “separator”). The heat insulation element (1, “separator”) is capable of separating adjacent battery cells of a battery pack.
The heat insulation element (1, “separator”) includes a first layer (2) and a second layer (3) spaced apart from each other by intervening layers (paragraph [0070] and figures 1A-1C). Each of the first layer (2) and the second layer (3) is formed of glass fiber (paragraphs [0088, 0089]). Glass fiber is a thermally insulative material.
Stude teaches that the glass fiber is a woven fabric formed by a plurality of threads crossing each other at substantially right angles (paragraph [0087] and figure 1D). Therefore, each of the first layer (2) and the second layer (3) includes an aperture through an entirety of the corresponding layer in the thickness direction and having a substantially constant cross-sectional shape and area along the thickness direction.
Regarding claim 18, Stude teaches that the aperture of the first layer (2) is one of a plurality of first apertures extending through the entirety of the first layer (2) (figure 1D). A subset of apertures may be selected such that they have a total area equal to about 50% or about 80% of an area defined by an outer perimeter of the first layer (2).
Similarly, the aperture of the second layer (3) is one of a plurality of second apertures extending through the entirety of the second layer (3) (figure 1D). A subset of apertures may be selected such that they have a total area equal to about 50% or about 80% of an area defined by an outer perimeter of the second layer (3).
Regarding claim 23, Stude teaches that each of the first layer (2) and the second layer (3) is a woven fabric formed by a plurality of threads crossing each other at substantially right angles (paragraph [0087] and figure 1D). Thus, each of the aperture of the first layer (2) and the aperture of the second layer (3) defines an unobstructed, straight-line path extending completely through the thickness of the corresponding layer.
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.
Claims 1, 5-9, 13-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2022/0123426, hereinafter Kim.
Regarding claim 1, Kim teaches a battery module (100, “pack”). The battery module (100, “pack”) includes a battery array. The battery array comprises a first battery cell (120) spaced apart from a second battery cell (120) by an insulation spacer (330, “separator”) (paragraphs [0058, 0061, 0139, 0141] and figure 4).
The insulation spacer (330, “separator”) includes a heat-insulating sheet (331a) (paragraph [0141]). The heat-insulating sheet (331a) includes hexagonally shaped apertures extending through an entirety of the heat-insulating sheet (331a) in a thickness direction of the heat-insulating sheet (331a) (paragraph [0142] and figure 24A).
The hexagonally shaped apertures are a first set of apertures. Kim further teaches a second set of apertures (see Figure 1 below).
Each aperture of the first set of apertures has a larger area than each aperture of the second set of apertures.
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[AltContent: textbox (Figure 1 - Kim's assembly. This is Kim’s figure 24B, which is a magnified portion of figure 24A. The second set of apertures are along the outside perimeter of the layer.)]
Each aperture of the first set of apertures is bound on all lateral and vertical sides relative to a width dimension and a height dimension of the heat-insulating sheet (331a) by a frame (31) (paragraph [0142] and figures 24A and 24B).
Each aperture of the second set of apertures is partially bound in the width and height dimension of the heat-insulating sheet (331a) by the frame (31) (paragraph [0142] and figures 24A and 24B).
In an embodiment, Kim further teaches surrounding the heat-insulating sheet (331a) in the width and height dimension of the heat-insulating sheet (331a) by mica paper, to prevent the heat-insulating sheet (331a) from being exposed (paragraphs [0143, 0146, 0147]). In such a configuration, the second set of apertures would be partially bound by mica, which is a thermally insulative material.
Kim does not specify the material of the frame (31).
Kim fails to explicitly teach that the frame (31) is made of a thermally insulative material.
Given that the frame (31) makes up the heat-insulating sheet (331a), it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to form the frame (31) of a thermally insulative material for the purpose of ensuring that the entirety of the heat-insulating sheet (331a) is thermally insulative.
Thus, each aperture of the first set of apertures is bound on all lateral and vertical sides relative to a width dimension and a height dimension of the heat-insulating sheet (331a) by the thermally insulative material of the frame (31). Each aperture of the second set of apertures is bound on all lateral and vertical sides relative to a width dimension and a height dimension of the heat-insulating sheet (331a) by the thermally insulative material of the frame (31) and the thermally insulative mica paper.
Regarding claim 5, a number of the hexagonally shaped apertures (“first set of apertures”) can be selected such that they have a total area equal to about 50% of an area defined by an outer perimeter of the heat-insulating sheet (331a).
Regarding claim 6, Kim teaches that the heat-insulating sheet (331a) includes a plurality of rows (figures 24A and 24B).
Each row is made up of the hexagonally shaped apertures, which are filled with thermally insulative material (32) (paragraph [0142]).
It can thus be said that each row includes a plurality of sections of thermally insulative material (32) spaced apart by apertures of the first set of apertures. (It is noted that the claim does not require that the first set of apertures be free/empty of thermally insulative material).
The rows are in a staggered arrangement relative to each other (figure 24A).
Regarding claim 7, a number of the hexagonally shaped apertures (“first set of apertures”) can be selected such that they have a total area equal to about 80% of an area defined by an outer perimeter of the heat-insulating sheet (331a).
Regarding claim 8, Kim teaches that the heat-insulating sheet (331a) includes the frame (31) providing an outer perimeter of the heat-insulating sheet (331a). The frame (31) surrounds all of the hexagonally shaped apertures (“first set of apertures”) laterally and vertically, relative to the width dimension and the height dimension of the heat-insulating sheet (331a) (paragraph [0142] and figures 24A and 24B).
The frame (31) is made of a thermally insulative material.
Regarding claim 9, Kim teaches that the frame (31) includes an internal border connected to the outer perimeter. The hexagonally shaped apertures (“first set of apertures”) include four apertures spaced apart by the internal border (figures 24A and 24B).
Regarding claims 13 and 14, Kim teaches that the heat-insulating sheet (331a) is made of aerogel (paragraph [0142]).
Regarding claim 15, Kim teaches that the battery module (100, “pack”) includes a battery array. The battery array includes the insulation spacer (330, “separator”) positioned between the first battery cell (120) and the second battery cell (120) (paragraphs [0058, 0061] and figure 4).
Therefore, a compressive forced applied along a length of the array would be capable of holding the insulation spacer (330, “separator”) in place relative to the first battery cell (120) and the second battery cell (120).
Regarding claim 16, Kim’s battery module (100, “pack”) is capable of being used as a battery module (100, “pack”) of an electric vehicle.
Regarding claim 21, Kim teaches that each aperture of the second set of apertures is bound on all lateral and vertical sides relative to a width dimension and a height dimension of the heat-insulating sheet (331a) by the thermally insulative material of the frame (31) and the thermally insulative mica paper.
Claims 1, 13-16 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2021/0328251, hereinafter Zhao in view of U.S. Pre-Grant Publication No. 2025/0260094, hereinafter Ke.
Regarding claim 1, Zhao teaches a battery module (100, “pack”). The battery module (100, “pack”) includes a battery array. The battery array comprises a first battery cell (120) spaced apart from a second battery cell (120) by a partition (130, “separator”) (paragraphs [0038-0040] and figure 1).
The partition (130, “separator”) includes a layer of heat-insulating material (paragraph [0053]).
The layer includes a first set of apertures defined between protrusions (134) and extending through an entirety of the layer in a thickness direction of the layer (see Figure 2 below). The layer further includes a second set of apertures (135) extending through an entirety of the layer in a thickness direction of the layer (paragraph [0068] and figure 4).
The first set of apertures are larger than the second set of apertures (135).
Each aperture of the first set of apertures is partially bound on lateral and vertical sides relative to a width and height dimension of the layer by the heat-insulating material of the layer (Figure 2 below).
Each aperture of the second set of apertures (135) is bound on all lateral and vertical sides relative to a width and height dimension of the layer by the heat-insulating material of the layer (Figure 2 below).
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[AltContent: textbox (Figure 2 - Zhao's assembly.)]
Zhao teaches that the protrusions (134) abut the walls of a box (110) accommodating the battery array (paragraph [0090]).
Zhao fails to teach that the first set of apertures are bound on all lateral and vertical sides by thermally insulative material.
The Ke reference is commonly owned with and shares an inventor with the Zhao reference. Ke teaches lining inner surfaces of a battery box (20) accommodating an array of battery cells (40) with a heat-insulation protection layer for the purpose of preventing damage to the battery box (paragraphs [0004, 0168, 0171]).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to line the inner surfaces of Zhao’s box (110) with Ke’s heat-insulation protection layer for the purpose of preventing damage to the battery box (110).
In the combination of Zhao and Ke, due to the protrusions (134) abutting the walls of the box (110), apertures of the first set of apertures would be bound on all lateral and vertical sides by thermally insulative material – some sides would be bound by the thermally insulative material of the layer itself and the remaining sides would be bound by the heat-insulation protection layer lining the walls of the battery box (110).
Regarding claim 13, Zhao teaches that the layer is made of a non-metallic material (paragraphs [0059, 0060]).
Regarding claim 14, Zhao teaches that the layer is made of aerogel (paragraph [0060]).
Regarding claim 15, Zhao teaches that the battery module (“pack”) is configured such that a compressive force is applied along a length of the battery array to hold the partition (130, “separator”) in place relative to the first battery cell (120) and the second battery cell (120) (paragraphs [0039, 0050]).
Regarding claim 16, Zhao teaches that the battery module (“pack”) is a battery module (“pack”) of a vehicle (paragraph [0003]).
Regarding claim 19, Zhao teaches a method of thermally insulating a first battery cell (120) from a second battery cell (120) of a battery module (100, “pack”) by providing a partition (130, “separator”) between the first battery cell (120) and the second battery cell (120) (paragraphs [0038-0040, 0053] and figure 1).
The partition (130, “separator”) includes a layer of heat-insulating material (paragraph [0053]).
The layer includes a first set of apertures defined between protrusions (134) and extending through an entirety of the layer in a thickness direction of the layer (Figure 2 above). The layer further includes a second set of apertures (135) extending through an entirety of the layer in a thickness direction of the layer (paragraph [0068] and figure 4).
The first set of apertures are larger than the second set of apertures (135).
Each aperture of the first set of apertures defines an unobstructed, straight-line path extending completely through the thickness of the layer (Figure 2 above). Each aperture of the first set of apertures is partially bound on lateral and vertical sides relative to a width and height dimension of the layer by the heat-insulating material of the layer.
Each aperture of the second set of apertures (135) is a through-hole and defines an unobstructed, straight-line path extending completely through the thickness of the layer (paragraph [0068]). Each aperture of the second set of apertures (135) is bound on all lateral and vertical sides relative to a width and height dimension of the layer by the heat-insulating material of the layer (Figure 2 above).
Zhao teaches that the protrusions (134) abut the walls of a box (110) accommodating the battery array (paragraph [0090]).
Zhao fails to teach that the first set of apertures are bound on all lateral and vertical sides by thermally insulative material.
The Ke reference is commonly owned with and shares an inventor with the Zhao reference. Ke teaches lining inner surfaces of a battery box (20) accommodating an array of battery cells (40) with a heat-insulation protection layer for the purpose of preventing damage to the battery box (paragraphs [0004, 0168, 0171]).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to line the inner surfaces of Zhao’s box (110) with Ke’s heat-insulation protection layer for the purpose of preventing damage to the battery box (110).
In the combination of Zhao and Ke, due to the protrusions (134) abutting the walls of the box (110), apertures of the first set of apertures would be bound on all lateral and vertical sides by thermally insulative material – some sides would be bound by the heat-insulating material of the layer itself and the remaining sides would be bound by the heat-insulation protection layer lining the walls of the battery box (110).
Regarding claim 20, Zhao teaches a plurality of apertures. A number of the apertures can be selected such that they have a total area equal to about 50% or about 80% of an area defined by an outer perimeter of the layer.
Regarding claim 21, Zhao teaches that each aperture of the second set of apertures (135) is bound on all lateral and vertical sides relative to the width and height dimension of the layer by the heat-insulating material of the layer (Figure 2 above).
Regarding claim 22, Zhao teaches that each aperture of the first set of apertures defines an unobstructed, straight-line path extending completely through the thickness of the layer (Figure 2 above).
Each aperture of the second set of apertures (135) is a through-hole and defines an unobstructed, straight-line path extending completely through the thickness of the layer (paragraph [0068]).
Claims 1, 5, 7, 10-13, 16, 19 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,323,620 hereinafter Iwabuchi in view of U.S. Pre-Grant Publication No. 2021/0074960, hereinafter Stude, with evidence from Vacuum 97, pp 55-59, hereinafter Di.
Regarding claim 1, Iwabuchi teaches a multilayer heat insulator (“separator”) The multilayer heat insulator (“separator”) includes a layer of thermally insulative material (2) (abstract and figure 2).
The layer of thermally insulative material (2) is made of glass fiber and is in the form of glass wool with a porosity in the range 0.95 to 0.98 (abstract). The layer of thermally insulative material (2) includes air, which is contained by gas-impermeable layers (1) on both sides of the layer of thermally insulative material (2) (col. 3, lines 11-23). Therefore, the thermally insulative material (2) is understood to have a plurality of apertures extending through an entirety of the layer relative to a thickness dimension of the layer. The apertures are defined by the glass fibers – therefore they are all bound on all lateral and vertical sides relative to a width and height dimension of the layer (2) by the glass fiber material. The apertures of a glass wool insulator are known to be non-uniform in size – see, e.g. the SEM image in Figure 2a of the evidentiary Di reference. Therefore, they could be grouped into two sets organized by size, such that one set contains the larger apertures and the other set contains the smaller apertures.
Iwabuchi teaches that the multilayer heat insulator (“separator”) may be used in a battery.
Iwabuchi fails to teach a battery array including a first battery cell and a second battery cell spaced apparat by the multilayer heat insulator (“separator”).
Stude teaches a similar multi-layer heat insulation element (1). The multi-layer heat insulation element (1) includes a glass-fiber layer (5) covered on one side by a metal layer (6) and on the other side by a metal layer (2) (paragraphs [0073, 0079, 0083] and figure 1B). Stude teaches placing the multi-layer heat insulation element (1) between two battery cells (12) of a battery pack (8) (paragraph [0121] and figure 3).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to position Iwabuchi’s multilayer heat insulator (“separator”) between adjacent battery cells within a battery pack for the purpose of thermally insulating the battery cells from each other.
Regarding claim 5, a number of the first set of apertures can be selected such that they have a total area equal to about 50% of an area defined by an outer perimeter of the layer of thermally insulative material (2).
Regarding claim 7, a number of the first set of apertures can be selected such that they have a total area equal to about 80% of an area defined by an outer perimeter of the layer of thermally insulative material (2).
Regarding claim 10, Iwabuchi teaches that the layer of thermally insulative material (2) is a first layer of the multilayer heat insulator (“separator”). The multilayer heat insulator (“separator”) comprises a second layer made of the thermally insulative material (2) spaced apart from the first layer made of the thermally insulative material (2) (figure 2).
The second layer made of the thermally insulative material (2) has the same composition as the first layer made of the thermally insulative material (2) and thus has an aperture extending through an entirety of the second layer relative to a thickness dimension of the layer.
Regarding claims 11 and 12, Iwabuchi as modified by Stude teaches that the multilayer heat insulator (“separator”) includes a third layer (1) outward of the first layer (2) and configured to contact the first battery cell (figure 2).
The multilayer heat insulator (“separator”) includes a fourth layer (1) outward of the second layer (2) and configured to contact the second battery cell (figure 2).
The multilayer heat insulator (“separator”) includes a fifth layer (1) between the first layer (2) and the second layer (2) (figure 2).
The third layer, the fourth layer and the fifth layer are made of steel (abstract).
Regarding claim 13, Iwabuchi teaches that the layer of thermally insulative material (2) may be formed of glass fiber (abstract).
Regarding claim 16, Iwabuchi as modified by Stude teaches that the battery pack is a battery pack of an electrified vehicle (Stude’s paragraph [0004]).
Regarding claim 19, Iwabuchi teaches a multilayer heat insulator (“separator”) The multilayer heat insulator (“separator”) includes a layer of thermally insulative material (2) (abstract and figure 2).
The layer of thermally insulative material (2) is made of glass fiber and is in the form of glass wool with a porosity in the range 0.95 to 0.98 (abstract). The layer of thermally insulative material (2) includes air, which is contained by gas-impermeable layers (1) on both sides of the layer of thermally insulative material (2) (col. 3, lines 11-23). Therefore, the thermally insulative material (2) is understood to have a plurality of apertures extending through an entirety of the layer relative to a thickness dimension of the layer. The apertures are defined by the glass fibers – therefore they are all bound on all lateral and vertical sides relative to a width and height dimension of the layer (2) by the glass fiber material. The apertures of a glass wool insulator are known to be non-uniform in size – see, e.g. the SEM image in Figure 2a of the evidentiary Di reference. Therefore, they could be grouped into two sets organized by size, such that one set contains the larger apertures and the other set contains the smaller apertures.
Given the porosity of 0.95 to 0.98, it is expected that at least one aperture in each set would at least partially define an unobstructed, straight-line path extending completely through the thickness of the layer.
Iwabuchi teaches that the multilayer heat insulator (“separator”) may be used in a battery.
Iwabuchi fails to teach a method of thermally insulating a first battery cell from a second battery cell by providing the multilayer heat insulator (“separator”) between them.
Stude teaches a similar multi-layer heat insulation element (1). The multi-layer heat insulation element (1) includes a glass-fiber layer (5) covered on one side by a metal layer (6) and on the other side by a metal layer (2) (paragraphs [0073, 0079, 0083] and figure 1B). Stude teaches placing the multi-layer heat insulation element (1) between two battery cells (12) of a battery pack (8) (paragraph [0121] and figure 3).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to position Iwabuchi’s multilayer heat insulator (“separator”) between adjacent battery cells within a battery pack for the purpose of thermally insulating the battery cells from each other.
Regarding claim 20, Iwabuchi teaches that the layer (2) has a porosity in the range 0.95 to 0.98 (abstract). Therefore, it is expected that a subset of apertures may be selected such that they have a total area equal to about 50% or about 80% of an area defined by an outer perimeter of the layer (2).
Regarding claim 21, Iwabuchi teaches that the apertures are defined by the glass fibers – therefore they are all bound on all lateral and vertical sides relative to a width and height dimension of the layer (2) by the glass fiber material.
Regarding claim 22, Iwabuchi teaches that the porosity of the layer (2) is in the range 0.95 to 0.98 (abstract). It is therefore expected that apertures in each set would at least partially define unobstructed, straight-line paths extending completely through the thickness of the layer.
Response to Arguments
Applicant’s newly added limitations have been considered. However, after further search and consideration, the previously presented Stude, Kim and combination of Iwabuchi and Stude references were found to address the amended claims. Further, the combination of Zhao and Ke is further provided, as recited above, to address the amended claims.
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.
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LILIA V. NEDIALKOVA
Examiner
Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724