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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. TW111121320, filed on 6-8-2022.
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.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
Claims 1, 8, 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DE102013215929B4, hereinafter Kutz.
Regarding Claim 1, Kutz teaches A battery module, including:
a plurality of battery cells (3, Fig 1)
a battery fixed holder (housing) used for accommodating and fixing the plurality of battery cells (2, Fig. 1) and
a modified heat pipe structure (4, Fig. 1) including a metal tube [0005], the metal tube including:
a thermal conduction section (12, Fig. 2) being a vacuum-pumped (gas-tight) sealed tube (9, Fig. 2) that includes a wick (capillary) structure [0016] and a working fluid [0016] thereinside, and transfers a heat through a process of evaporation and condensation of the working fluid [0016], wherein the thermal conduction section is placed above the battery fixed holder/thermal insulation housing (2, Fig.1; [0004]);
Kutz teaches a first container section (9, Fig. 2), placed in a gap between the plurality of adjacent battery cells (3, Fig. 1), and used to store the heat generated by the plurality of adjacent battery cells in charging or discharging [0002].
a first connection section (11, Fig.1), provided with one end connected to the first container section (9, Fig. 2), and provided with other end connected to one end of the thermal conduction section (12, Fig. 2) by passing through the battery fixed holder vertically (2, Fig. 1)
Regarding Claim 8, Kutz teaches the first container section (9, Fig. 2) is filled with a phase change material (14,15 Fig. 2) thereinside, and used to store the heat generated by the plurality of adjacent battery cells in charging or discharging via the phase change material [0016].
Regarding Claim 14, the first container section (9, Fig. 2) is configured with a cut, a valve, or a notch on an outer wall thereof (20, Fig. 6).
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.
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 2-7, 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kutz as applied to claim 1 above, and further in view of CN214505603U, hereinafter Chen.
Regarding Claim 2, Kutz does not teach the battery module further includes a shell; the shell is provided at one side thereof with an air inlet, and provided on other side thereof with an air outlet, the battery fixed holder is located between the air inlet and the air outlet, the thermal conduction section is provided with the one end located at a position farther away from the air inlet, and provided with other end located at a position close to the air inlet. However, Chen teaches a battery module comprising a shell (210, Fig. 3) provided at one side thereof with an air inlet (221, Fig. 3), and provided on other side thereof with an air outlet (219, Fig. 3). Chen further teaches a battery fixed holder (213, Fig. 2) is located between the air inlet (221) and the air outlet (219), the thermal conduction section is provided with the one end located at a position farther away from the air inlet (225, Fig. 3), and provided with other end located at a position close to the air inlet (224, Fig. 3). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s shell & air inlet and outlet in Kutz’s battery pack for better heat exchange and noise reduction [0063].
Regarding Claim 3, Kutz teaches a first container section is placed in the gap between the plurality of adjacent battery cells, however does not teach that it is located at positions farther away from the air inlet. However, Chen teaches a battery module with first heat-dissipating pillar (224, Fig. 3) located farther away from the air inlet (211, Fig. 3). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s air inlet in Kutz’s battery pack to achieve the effects of noise reduction and heat dissipation [0062].
Regarding Claim 4, Kutz teaches the thermal conduction section is provided with the other end connected to a heat sink/ surface enlarging element (13, Fig 1)
Regarding Claim 5, Kutz teaches a heat sink/ surface enlarging element, but fails to write that it is disposed next to the air inlet. However, Chen teaches a battery with an air inlet (211, Fig. 3). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s air inlet in Kutz’s battery housing to generate an airflow from the outside and to dissipate heat [0047].
Regarding Claim 6, Kutz teaches the metal tube (4, Fig. 1) further includes a second container section (10, Fig. 1) and a second connection section (11, Fig.1); the second connection section is placed in a gap between the plurality of adjacent battery cells (3, Fig. 1), used to store the heat generated by the plurality of adjacent battery cells [0002]; the second connection section (11, Fig. 1) is provided with one end connected to the second container section (10, Fig 1), and provided with other end connected to the other end of the thermal conduction section by passing through the battery fixed holder vertically (12, Fig. 1). Kutz does not teach that the second connection section is located at positions closer to the air inlet. However, Chen teaches a battery with an air inlet (211, Fig. 3). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s air inlet located at a position closer to the second connection section in Kutz’s battery housing to generate an airflow from the outside to dissipate heat [0047].
Regarding Claim 7, Kutz does not teach an air inlet configured on a blowing air device or an air outlet configured on an exhausting air device. However, Chen teaches a battery with a fan (221, Fig. 3) configured to allow airflow to enter from the opening of the first side surface/ inlet [0009]. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s fan on the inlet and outlet of Kutz’s battery housing to generate airflow to dissipate heat [0047].
Regarding Claim 9, Kutz teaches a large pore material for heat exchange ([0016]) (reads on foam) but does not teach the first container section is disposed specifically with a metal foam or metal fin. However, Chen teaches a battery with metal fins for heat exchange [0056]. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s metal fin disposed in the first container section of Kutz’s battery housing for heat exchange [0063] wherein both the large pore material of Kutz and the metal rod of Chen are art recognized as suitable material structures for the same intended purpose of heat exchange supporting prima facia obviousness barring evidence of criticality and unexpected results MPEP 2144.07.
Regarding Claim 10, Kutz teaches the first container section and the second container section (multiple 4s) are filled with a phase change material (14,15 Fig. 2) thereinside, respectively, and used to store the heat generated by the plurality of adjacent battery cells in charging or discharging (normal operation) via the phase change material [0016].
Regarding Claim 11, Kutz teaches a large pore material for heat exchange ([0016]) but does not teach the first container section and the second container section are disposed with a metal foam or metal fin. However, Chen teaches a battery with metal fins [0056]. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s metal fin disposed in the first and second container section of Kutz’s battery housing for heat exchange [0063] wherein both the large pore material of Kutz and the metal rod of Chen are art recognized as suitable material structures for the same intended purpose of heat exchange supporting prima facia obviousness barring evidence of criticality and unexpected results MPEP 2144.07.
Regarding Claim 12 Kutz teaches a large pore material for heat exchange ([0016]) but does not teach the first container section (9, Fig. 2) is disposed with a metal rod thereinside, and used to store the heat generated by the plurality of adjacent battery cells in charging or discharging via the metal rod. However, Chen discloses a battery with heat dissipation fin/rod (223, Fig. 3) made of metal [0056]. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s metal rod disposed in the first container section of Kutz’s battery housing for heat exchange [0063] wherein both the large pore material of Kutz and the metal rod of Chen are art recognized as suitable material structures for the same intended purpose of heat exchange supporting prima facia obviousness barring evidence of criticality and unexpected results MPEP 2144.07.
Regarding Claim 13 Kutz teaches a large pore material for heat exchange ([0016]) does not teach the first container section (9, Fig. 2) and the second container section (10, Fig. 1) are disposed with a metal rod thereinside, respectively, and used to store the heat generated by the plurality of adjacent battery cells in charging or discharging via the metal rod. However, Chen discloses a battery with heat dissipation fin/rod (223, Fig. 3) made of metal [0056] for heat exchange. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use Chen’s metal rod (fin) disposed in the first and second container section of Kutz’s battery housing for heat exchange [0063] wherein both the large pore material of Kutz and the metal rod of Chen are art recognized as suitable material structures for the same intended purpose of heat exchange supporting prima facia obviousness barring evidence of criticality and unexpected results MPEP 2144.07.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELGE S PEIRIS whose telephone number is (571)272-6591. The examiner can normally be reached Monday through Friday, 8:00am - 5:00pm EST.
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/TELGE SHAVINDA PEIRIS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724