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 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.
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.
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 1-6, 8, 10-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20220115734 A1) and further in view of Nishino (US 20120107674 A1).
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Regarding claim 1, Jung teaches an insulation shield for a battery pack (see annotated Fig. 4 below) comprising: a shield body (see Fig. 4) that is configured to be positioned between adjacent battery components (see Fig. 4).
Jung does not teach a wrapping structure comprising a plurality of bands, wherein at least one band of the plurality of bands extends around the shield body in a longitudinal direction, and wherein at least one other band of the plurality of bands extends around the shield body in a lateral direction.
Nishino, in the same field of endeavor, batteries, teaches a wrapping structure comprising a plurality of bands (Nishino, Fig. 8, item 29 [29 A,B,C]), wherein at least one band of the plurality of bands extends around the body in a longitudinal direction (Nishino, Fig. 8, item 29A) (Nishino, para. 0128, [item 29 arranged in the longitudinal direction) (Nishino, para. 0124, [so as to go around the housing in various directions]), and wherein at least one other band of the plurality of bands extends around the body in a lateral direction (Nishino, Fig. 8, item 29B) (Nishino, para. 0129, [29B arranged in the with direction]) (see Fig. 8 below).
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a wrapping structure to Jung’s insulation shield, as taught by Nishino, in order to hold pieces in a more reliable manner (para. 0062).
Regarding claim 2, modified Jung teaches the insulation shield according to claim 1, and further teaches wherein the at least one band of the plurality of bands comprises a plurality of first bands that extend around the shield body in the longitudinal direction (Nishino, Fig. 8, the plurality of item 29A); and wherein the at least one other band of the plurality of bands comprises a plurality of second bands that extend around the shield body in the lateral direction (Nishino, Fig. 8, the plurality of item 29B).
Regarding claim 3, modified Jung teaches the insulation shield according to claim 2, and further teaches wherein the plurality of first bands are spaced apart from each other in the lateral direction (Nishino, Fig. 8, items 29A are spaced apart from each other); and wherein the plurality of second bands are spaced apart from each other in the longitudinal direction (Nishino, Fig. 8, items 29B are spaced apart).
Regarding claim 4, modified Jung teaches the insulation shield according to claim 3, and further teaches including both the plurality of first bands (Nishino, Fig. 8, items 29A) and the plurality of second bands (Nishino, Fig. 8, items 29B).
Regarding claim 5, modified Jung teaches the insulation shield according to claim 4, and further teaches wherein the plurality of first bands comprises at least three first bands and wherein the plurality of second bands comprises at least three second bands (Nishino, Fig. 8).
Regarding claim 6, modified Jung teaches the insulation shield according to claim 2, wherein each of the first and second bands comprises a wire strip (Nishino, para. 0126, [further, each anti-scattering member 29 can be formed of a wire]) (Nishino, Table 1, Example 6, Form – Wire).
Regarding claim 8, modified Jung teaches the insulation shield according to claim 2, wherein the shield body is comprised of a plurality of layers (Jung, Fig. 4, layers are items F1, I, and F2).
Regarding claim 10, modified Jung teaches the insulation shield according to claim 2, and further teaches wherein the shield body comprises
a first side, a second side opposite the first side, a first pair of opposing end faces, and a second pair of opposing end faces, (Jung, See Fig. 4 below)
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and wherein each first band comprises a discrete closed loop that surrounds the shield body and contacts the first and second sides as well as the first pair of opposing end faces, and wherein each second band comprises a discrete closed loop that surrounds the shield body and contacts the first and second sides as well as the second pair of opposing end faces (Nishino, See Fig. 8 wrapping structure below showing the discrete closed loop that would contact modified Jung’s insulation shield).
Regarding claim 11, modified Jung teaches the insulation shield according to claim 10, and further teaches wherein the first bands and second bands overlap each other in discrete locations (Nishino, see Fig. 8).
Regarding claim 12, Jung teaches a battery pack (abstract, battery pack) comprising:
at least one battery array including a plurality of battery cells (Fig. 4, battery cells [C]); and
an insulation shield that is positioned between at least two battery cells of the plurality of battery cells (see Fig. 4),
wherein the insulation shield is comprised of a plurality of layers (Fig. 4, layers composed of items F1, I, and F2)
Jung does not teach including a first plurality of bands that extend around the insulation shield in a longitudinal direction and a second plurality of bands that extend around the insulation shield in a lateral direction to form a wrapped structure.
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Nishino, in the same field of endeavor, batteries, teaches a first plurality of bands that extend around a body in a longitudinal direction (Nishino, Fig. 8, item 29A) (Nishino, para. 0128, [item 29 arranged in the longitudinal direction) (Nishino, para. 0124, [so as to go around the housing in various directions]), and a second plurality of bands that extend around the body in a lateral direction to form a wrapped structure (Nishino, Fig. 8, item 29B) (Nishino, para. 0129, [29B arranged in the with direction]) (see Fig. 8 below).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a wrapping structure to Jung’s insulation shield, as taught by Nishino, in order to hold pieces in a more reliable manner (para. 0062).
Regarding claim 13, modified Jung teaches the battery pack according to claim 12, and further teaches wherein the at least one battery array comprises a plurality of battery arrays (Fig. 2 of the instant is analogous to Fig. 4 of Jung in terms of battery cells and battery arrays), and including at least one additional insulation shield positioned between adjacent battery arrays of the plurality of battery arrays (Jung Fig. 4 shows additional insulation shields positioned between adjacent battery arrays).
Regarding claim 14, modified Jung teaches the battery pack according to claim 12, and further teaches wherein each of the first and second bands comprises a wire strip (Nishino, para. 0126, [further, each anti-scattering member 29 can be formed of a wire]) (Nishino, Table 1, Example 6, Form – Wire).
Regarding claim 16, modified Jung teaches the battery pack according to claim 12, and further teaches wherein the shield body comprises:
a first side, a second side opposite the first side, a first pair of opposing end faces, and a second pair of opposing end faces, (Jung, See Fig. 4 below)
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and wherein each first band comprises a discrete closed loop that surrounds the shield body and contacts the first and second sides as well as the first pair of opposing end faces, and wherein each second band comprises a discrete closed loop that surrounds the shield body and contacts the first and second sides as well as the second pair of opposing end faces (Nishino, See Fig. 8 wrapping structure below showing the discrete closed loop that would contact modified Jung’s insulation shield).
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Regarding claim 17, modified Jung teaches the battery pack according to claim 16, and further teaches wherein the first bands and second bands overlap each other in discrete locations (Nishino, see Fig. 8).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20220115734 A1) and further in view of Nishino (US 20120107674 A1) and Wozniczka (US 5789091 A).
Regarding claim 7, modified Jung teaches the insulation shield according to claim 6.
Modified Jung does not teach wherein each wire strip has a width that is at least twice a thickness of the wire strip.
Wozniczka, in the same field of endeavor, compression bands for securing a stack (Wozniczka, column 1, lines 7-8), teaches wherein the wire strip has a width that is at least twice a thickness of the wire strip (Wozniczka, column 4, lines 46-48, [compression bands are formed from rolled stainless steel, for example (301 grade, 0.025 inch thickness, 2.5 inch width, tensile strength 26,000 psi) strapping]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have manufactured modified Jung’s wire for each of the first and second bands, to have a width that is at least twice the thickness of the wire strip, as taught by Wozniczka, in order to utilize metal compression bands (Wozniczka, column 3, line 38) that are flat strips of material having an elongate cross-section, so that their thickness does not add significantly to the stack volume (Wozniczka, column, 3, lines 41-44) as taught by Wozniczka.
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20220115734 A1) and further in view of Nishino (US 20120107674 A1) and Sakamoto (Sakamoto, Hybrid Multifoil Aerogel Thermal Insulation, NASA Tech Briefs, October 1, 2008).
Regarding claim 9, modified Jung teaches the insulation shield according to claim 8.
Modified Jung does not teach wherein the plurality of layers comprise at least a first aerogel layer and a second aerogel layer with a first metal layer between the first and second aerogel layers, and further including a second metal layer on a side of the first aerogel layer that is opposite of the first metal layer, and a third metal layer on a side of the second aerogel layer that is opposite of the first metal layer.
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Sakamoto, in the same field of endeavor, aerogels, teaches wherein the plurality of layers comprise at least a first aerogel layer and a second aerogel layer with a first metal layer between the first and second aerogel layers, and further including a second metal layer on a side of the first aerogel layer that is opposite of the first metal layer, and a third metal layer on a side of the second aerogel layer that is opposite of the first metal layer (Sakamoto, pg. 15, Hybrid Multifoil Aerogel Thermal Insulation, para. 2, [Layers of metal foil block infrared radiation (IR), which are separated by thin (100–1,000-micron) layers of opacified aerogel (see figure)]) (Sakamoto, see Fig below) (Sakamoto Fig shows the structure and explains in pg. 16 that the quartz is replaced with aerogel, [by replacing the astroquartz with JPL-developed aerogel]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have interchanged Jung’s insulation shield with Sakamoto’s insulation which contains alternating layers of metal foil and aerogel, in order to use an insulating material that has an ultra-low thermally conductivity (Sakamoto, pg. 15, Hybrid Multifoil Aerogel Thermal Insulation, para. 1).
Regarding claim 15, modified Jung teaches the battery pack according to claim 12.
Modified Jung does not teach wherein the plurality of layers comprise at least a first aerogel layer and a second aerogel layer with a first metal layer between the first and second aerogel layers, and further including a second metal layer on a side of the first aerogel layer that is opposite of the first metal layer, and a third metal layer on a side of the second aerogel layer that is opposite of the first metal layer.
Sakamoto, in the same field of endeavor, aerogels, teaches wherein the plurality of layers comprise at least a first aerogel layer and a second aerogel layer with a first metal layer between the first and second aerogel layers, and further including a second metal layer on a side of the first aerogel layer that is opposite of the first metal layer, and a third metal layer on a side of the second aerogel layer that is opposite of the first metal layer (Sakamoto, pg. 15, Hybrid Multifoil Aerogel Thermal Insulation, para. 2, [Layers of metal foil block infrared radiation (IR), which are separated by thin (100–1,000-micron) layers of opacified aerogel (see figure)]) (Sakamoto, see Fig below) (Sakamoto Fig shows the structure and explains in pg. 16 that the quartz is replaced with aerogel, [by replacing the astroquartz with JPL-developed aerogel]).
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have interchanged Jung’s insulation shield with Sakamoto’s insulation which contains alternating layers of metal foil and aerogel, in order to use an insulating material that has an ultra-low thermally conductivity (Sakamoto, pg. 15, Hybrid Multifoil Aerogel Thermal Insulation, para. 1).
Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20220115734 A1) and further in view of Nishino (US 20120107674 A1).
Regarding claim 21, modified Jung teaches the battery pack according to claim 12, and further teaches wherein the first plurality of bands (Nishino, Fig. 8, item 29A) and the second plurality of bands (Nishino, Fig. 8, item 29B) are directly wrapped around the insulation shield (Modified Jung teaches a wrapping structure around the insulation shield and therefore teaches that the bands are directly wrapped around the insulation shield, see claim 12) that is positioned within the battery pack between the at least two battery cells (Jung, Fig. 4, insulation shield positioned between two battery cells).
Regarding claim 22, modified Jung teaches the insulation shield according to claim 8, and further teaches wherein the plurality of bands (Nishino, Fig. 8, the plurality of item 29A and the plurality of item 29B) are directly wrapped around the shield body (Modified Jung teaches a wrapping structure around the insulation shield and therefore teaches that the bands are directly wrapped around the insulation shield, see claims 1 and 2).
Regarding claim 23, modified Jung teaches the insulation shield according to claim 1, and further teaches wherein the plurality of bands (Nishino, Fig. 8, item 29 [29 A,B,C]) are directly wrapped around the shield body (Modified Jung teaches a wrapping structure around the insulation shield and therefore teaches that the bands are directly wrapped around the insulation shield, see claim 1) that is positioned between the adjacent battery components which comprise at least two battery cells within the battery pack (Jung, Fig. 4, insulation shield positioned between two battery cells within the battery pack).
Regarding claim 24, modified Jung teaches the insulation shield according to claim 1, and further teaches wherein the plurality of bands (Nishino, Fig. 8, item 29 [29 A,B,C]) are directly wrapped around the shield body (Modified Jung teaches a wrapping structure around the insulation shield and therefore teaches that the bands are directly wrapped around the insulation shield, see claim 1) that is positioned between the adjacent battery components which comprise at least two battery arrays within the battery pack (Jung, Fig. 4, insulation shield positioned between two battery cells within the battery pack).
Response to Arguments
The 35 U.S.C. 112 rejection has been withdrawn.
Applicant's arguments filed 7/15/2026 have been fully considered.
Response to arguments are below:
Argument: The claimed wrapped shield body is instead positioned between adjacent battery components that are located internally within the housing of the battery pack. Thus, claim 1 is directed to a different wrapped structure than that taught by Nishino.
Response: Jung teaches a shield body (Jung) and it is modified by the teachings of Nishino by adding a wrapping structure (Nishino) to the shield body. Jung’s shield body is positioned between adjacent battery components located internally within the housing (Jung).
Argument: There is no disclosure in Nishino of wrapping bands around an insulation shield having a shield body that is positioned between adjacent battery components as defined in claim 1, and Nishino only teaches wrapping band around an outer battery pack housing, there is no suggestion of wrapping bands around an insulating structure within the battery pack itself.
Response: Nishino teaches the wrapping structure in order to hold components together. This teaching was applied as the motivation to modify Jung’s shield body with the wrapping structure of Nishino.
Argument: Uniform unobstructed contact across that face [heat insulating sheet] is therefore integral to the stated function of Jung’s shield body and is not simply a design choice.
Response: In reference to Jung para. 0022 and 0073, the shield body [See claim 1, Fig. 4] facing an entire main surface of the battery cell does not preclude it from having a wrapping structure hold the components of the shield body together.
Argument: Obstructing contact would locally displace or interrupt the very friction/adhesive surface contact that Jung identifies as the mechanism by which the shield resists lateral motion.
Response: The wrapping structure of modified Jung would not cover the entire surface, and therefore would not inhibit the friction/adhesive surface contact as explained by Jung.
Argument: Examiner’s rationale for the proposed modification, “in order to hold pieces in a more reliable manner”, concerns Nishino’s disclosure …” Nishino’s disclosure … is directed to containing pieces of the housing and electrolyte released when a sealed, gas-pressurized lead-acid battery housing ruptures.
Response: Although Nishino discloses different components, the teaching of holding pieces together provides the motivation for the combined teaching, regardless of the specific components themselves.
Pertinent Art
US 20250038311 A1
Teaches the use of metal foils within an insulation barrier
US 20210163303 A1
Teaches a structure with a metal layer on the side of an aerogel layer
US 2022320626 A1
Teaches a multilayer sheet composed of metal layers and aerogel layers
US 20220181715 A1
Teaches a multilayer sheet for preventing thermal runaway
US 20240313302 A1
Teaches materials and methods for encapsulating thermal barrier materials
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 VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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/V.G./Examiner, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721