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 .
Summary
Applicant’s arguments and claim amendments submitted December 30, 2025 have been entered into the file. Currently, claims 8 and 19 are cancelled, claims 1-2, 9-11, 14-15, and 18 are amended, and claims 21-22 are new, resulting in claims 1-7, 9-18, and 20-22 pending for examination.
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.
Claims 11-14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koller (US 2019/0044199 A1).
Regarding claim 11, Koller teaches a traction battery pack (battery module, claim 1, [54]) comprising a battery cell stack (at least one battery cell, claim 1), a heat exchanger plate adjacent to the battery cell stack (cooling plate (3), claim 1; Fig. 1), and a fusible thermal interface material disposed between the battery cell stack and the heat exchanger plate (thermal equalization layer (4), claim 1; Fig. 1), wherein the fusible thermal interface material is configured to transition from exhibiting a conductive property to exhibiting an insulative property when a temperature within the traction battery pack exceeds a predefined temperature threshold (“transmission of heat from the at least one battery cell to the cooling plate is prevented”, “transition temperature”, claims 7-8), wherein the fusible thermal interface material includes a polymer based material (silicone) with an intumescent additive (polymer actuator) ([64-71]).
Regarding claim 12, Koller teaches all features of claim 11 and further teaches at least a portion of the fusible thermal interface material (thermal equalization layer (4), Fig. 1) being configured to disintegrate (the thermal equalization layer is no longer in physical contact with the entirety of the cooling plate surface and the polymer actuators are no longer located at the surface of the cooling plate in their original orientation, Fig. 1, left panel = before predefined temperature, right panel = after predefined temperature) to establish an insulating air gap (air gap (8), Fig. 1) between the battery cell stack (at least one battery cell (2), Fig. 1) and the heat exchanger plate (cooling plate (3), Fig. 1) when the temperature exceeds the predefined temperature threshold (Fig. 1, [79-80]).
Regarding claims 13 and 20, Koller teaches all features of claim 11 and further teaches the fusible thermal interface material being configured to expand to establish an insulating barrier between the battery cell stack and the heat exchanger plate when the temperature exceeds the predefined temperature threshold and the fusible thermal interface material being a temperature sensitive material (Fig. 1, [73-80]).
Regarding claim 14, Koller teaches all features of claim 11 and further teaches the fusible thermal interface material (thermal equalization layer) including a silicone based material (silicone) with an intumescent additive (polymer actuator) ([64-71]).
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 1-2, 6, 9-10, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US 2020/0152929 A1) in view of Koller (US 2019/0044199 A1).
Regarding claims 1 and 6, Collins teaches a traction battery pack (battery system 300, Fig. 3) comprising a plurality of battery cells ([6], claim 2) arranged between a first thermal barrier assembly (annotated Fig. 4 shown below) and a second thermal barrier assembly (annotated Fig. 4 shown below), a heat exchanger plate positioned adjacent to the plurality of battery cells (cooling plate 140, Collins Fig. 1), and a fusible thermal interface material disposed between the plurality of battery cells and the heat exchanger plate (adhesive as a coupling element [26]).
PNG
media_image1.png
708
1399
media_image1.png
Greyscale
Collins further teaches that the purpose of the fusible thermal interface material (coupling element) is to provided thermal conductivity between the battery cells and the heat exchanger plate (cooling plate) (Collins [26]).
Collins does not teach the fusible thermal interface material including a silicone based material with an intumescent additive and does not teach the fusible interface material being configured to transition from a conductor to an insulator when a temperature within the traction battery pack exceeds a predefined temperature threshold.
Koller teaches battery pack wherein a fusible thermal interface material (thermal equalization layer, Koller Fig. 1 element 4) is disposed between a plurality of battery cells and a heat exchanger plate (Koller Fig. 1) in order to provide thermal conductivity and prevent thermal runaway (Koller [21-25]). Koller further teaches the fusible thermal interface material (thermal equalization layer) including a silicone based material (silicone) with an intumescent additive (polymer actuator) (Koller [64-71]). Koller further teaches the fusible thermal interface material being configured to transition from a conductor to an insulator when a temperature within the traction battery pack exceeds a predefined temperature threshold (“transmission of heat from the at least one battery cell to the cooling plate is prevented”, “transition temperature”, claims 7-8).
Since Collins and Koller both teach battery packs comprising a fusible thermal interface material disposed between a battery cells and a heat exchanger plate that provides thermal conductivity and Koller teaches that a fusible thermal interface material containing silicone and an intumescent additive can provide thermal conductivity and also prevent thermal runaway, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the fusible interface material of Koller (thermal equalization layer) as the fusible interface material (coupling element, Collins [26]) in the battery pack of Collins, thus obtaining a traction battery pack wherein the fusible thermal interface material includes a silicone based material with an intumescent additive and the fusible interface material is configured to transition from a conductor to an insulator when a temperature within the traction battery pack exceeds a predefined temperature threshold, in order to prevent thermal runaway.
Regarding claim 2, Collins in view of Koller teaches all features of claim 1, as described above. Collins further teaches the plurality of battery cells part of a cell stack (battery module comprising battery cells) that is arranged between a first cross-member beam (element 206 of the first thermal barrier assembly, Fig. 4) and a second cross-member beam (element 206 of the second thermal barrier assembly, Fig. 4).
Regarding claim 9, Collins in view of Koller teaches all features of claim 1, as described above. Koller further teaches at least a portion of the fusible thermal interface material (thermal equalization layer (4), Koller Fig. 1) being configured to disintegrate (the thermal equalization layer is no longer in physical contact with the entirety of the cooling plate surface and the polymer actuators are no longer located at the surface of the cooling plate in their original orientation, Koller Fig. 1, left panel = before predefined temperature, right panel = after predefined temperature) to establish an insulating air gap between the plurality of battery cells and the heat exchanger plate (air gap (8), Koller Fig. 1) when the temperature exceeds the predefined temperature threshold (Koller Fig. 1, [79-80]).
Regarding claim 10, Collins in view of Koller teaches all features of claim 1, as described above. Koller further teaches the fusible thermal interface material being configured to expand to establish an insulating barrier between the plurality of battery cells and the heat exchanger plate when the temperature exceeds the predefined temperature threshold (Koller Fig. 1, [73-80]).
Regarding claim 21, Collins in view of Koller teaches all features of claims 1-2, as described above. Collins further teaches the plurality of battery cells, the first thermal barrier assembly, and the second thermal barrier assembly being arranged together along a cell stack axis of the cell stack and being further arranged to extend laterally between the first cross member beam and the second cross member bean (Collins Figs. 2 and 4).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Collins in view of Koller, as applied to claim 1 above, in view of Yang (Yang, C. et al. Compressible battery foams to prevent cascading thermal runaway in Li-ion pouch batteries. Journal of Power Sources. 541, 231666. Available Online June 10, 2022) and Collins2022 (US 2022/0266701 A1).
Regarding claims 3 and 5, Collins in view of Koller teaches all features of claim 1, as described above. Collins further teaches each of the first and second thermal barrier assemblies including a protective housing (206, Collins Fig. 4) and a locator (190, Collins Fig. 4). Collins does not teach the first and second thermal barrier assemblies including a thermal insulating barrier and a fin.
Yang teaches battery modules comprising secondary batteries and polyurethane foam that can prevent cascading thermal runaway (Yang abstract). Yang further teaches that battery packs “require thermal management to achieve optimum life and safety” and pouch cells “require additional thermal management when grouped into modules” (abstract).
Since Yang teaches that polyurethane foams can be used to prevent thermal runaway, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a polyurethane foam within the protective housing of Collins in order to prevent thermal runaway.
Collins2022 teaches a traction battery pack (Collins2022 title) comprising thermal barrier assemblies (assemblies between modules 302, Collins2022 Fig. 3) including a fin (400, Collins2022 Fig. 5) that attaches a thermal barrier assembly to a battery pack cover (20, Collins2022 Fig. 5) (Collins2022 Col. 5 lines 5-31).
Since Collins2022 teaches that a fin capable of interfacing with an enclosure cover is suitable for battery pack assembly, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add the fin of Collins2022 to the thermal barrier assemblies of Collins and the fastening element 120 of Collins2022 Fig. 5 to the lid 302 of Collins in order to achieve an assembled battery pack wherein the cover or lid is fastened to the battery pack frame for a desired battery application (the thermal barrier assemblies of Collins are a part of the battery pack frame).
Regarding claim 4, Collins in view of Yang, Koller, and Collins2022 teaches all features of claims 1 and 3, as described above. The modified battery pack of Collins further teaches the fin being configured to interface with an enclosure cover (Collins2022 Fig. 5, fin 400 interfaces with cover 20).
Collins does not teach the locator being configured to interface with the heat exchanger plate.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to provide a second heat exchanger plate (cooling plate, Collins) in order to provide additional means for thermal heat dissipation at the bottom of the battery pack (under the second layer 130, Collins Fig. 1). The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP 2144.04. The addition of the second heat exchanger plate would thus result in the locator (194, Collins Fig. 4) interfacing with the heat exchanger plate.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Collins in view of Koller, as applied to claim 1 above, and in further view of Yang.
Regarding claim 7, Collins teaches all features of claim 1, as described above. Collins does not teach the fusible thermal interface material including a polyurethane based material with an intumescent additive.
Yang teaches battery modules comprising secondary batteries and a fusible thermal interface material including a polyurethane based material with an intumescent additive (PU-FR3, Yang Table 1) that can prevent cascading thermal runaway (Yang abstract). Yang further teaches that battery packs “require thermal management to achieve optimum life and safety” and pouch cells “require additional thermal management when grouped into modules” (abstract).
Since Yang teaches that polyurethane based materials containing intumescent additives are suitable for use in battery packs for thermal management, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the fusible thermal interface material of Yang for the fusible interface material (coupling element, [26]) in the battery pack of Collins in order to prevent thermal runaway.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Koller, as applied to claim 11 above, in view of Yang.
Regarding claim 15, Koller teaches all features of claim 11, as described above. Koller does not teach the fusible thermal interface material including polyurethane.
Yang teaches battery modules comprising secondary batteries and a fusible thermal interface material including a polyurethane based material with an intumescent additive (PU-FR3, Yang Table 1) that can prevent cascading thermal runaway (Yang abstract).
Since Yang teaches that polyurethane is a suitable material to be used with intumescent additives in fusible thermal interface materials for battery packs, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to substitute silicone for polyurethane in the battery pack of Koller in order to achieve the predictable result of a fusible thermal interface material capable of preventing thermal runaway. The simple substitution of one known element for another yields predictable results to someone of ordinary skill in the art. See MPEP 2413(I)(B).
Claim 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Koller, as applied to claim 11 above, in view of Collins.
Regarding claim 16, Koller teaches all features of claim 11, as described above. Koller does not teach a grouping of battery cells of the battery cell stack being arranged between a first thermal barrier assembly and a second thermal barrier assembly.
Collins teaches a traction battery pack (battery system 300, Fig. 3) comprising a plurality of battery cells ([6], claim 2) arranged between a first thermal barrier assembly (annotated Fig. 4 shown below) and a second thermal barrier assembly (annotated Fig. 4 shown below), a heat exchanger plate positioned adjacent to the plurality of battery cells (cooling plate 140, Collins Fig. 1), and a fusible thermal interface material disposed between the plurality of battery cells and the heat exchanger plate (adhesive as a coupling element [26]). Collins further teaches the battery pack comprising battery modules (100, Collins. Fig. 4).
Since Koller and Collins both teach traction battery packs comprising a heat exchanger plate and a fusible thermal interface material and Collins teaches that it is suitable for traction battery packs to comprises multiple modules wherein battery cell modules are separated by thermal barrier assemblies, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add the battery pack of Koller to the battery pack of Collins (added as a battery module 100 of Collins Fig. 4), thus resulting in a grouping of battery cells of the battery cell stack being arranged between a first thermal barrier assembly and a second thermal barrier assembly, in order to obtain a battery pack suitable for a desired application.
Regarding claim 18, Koller in view of Collins teaches all features of claims 11 and 16, as described above. The modified battery pack of Koller in view of Collins teaches the first and second thermal barrier assemblies including a locator (190, Collins Fig. 4).
Collins does not teach the locator being configured to interface with the heat exchanger plate and the locator being received within a slot of the heat exchanger plate.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to provide a second heat exchanger plate (cooling plate, Collins) in order to provide additional means for thermal heat dissipation at the bottom of the battery pack (under the second layer 130, Collins Fig. 1). The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP 2144.04. The addition of the second heat exchanger plate would thus result in the locator (194, Collins Fig. 4) interfacing with the heat exchanger plate and being received within a slot (thermal barrier assembly is between modules, therefore the heat exchanger plate (all the heat exchanger plates of each module 100 taken together) must have “slots” to accommodate the thermal barrier assemblies) of the heat exchanger plate.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Koller in view of Collins, as applied to claims 11 and 16 above, and in further view of Collins2022.
Regarding claim 17, Koller in view of Collins teaches all features of claims 11 and 16, as described above. The modified battery pack of Koller in view of Collins does not teaches the first and second thermal barrier assemblies including a fin that is secured to an enclosure cover of the traction battery pack with an adhesive.
Collins2022 teaches a traction battery pack (Collins2022 title) comprising thermal barrier assemblies (assemblies between modules 302, Collins2022 Fig. 3) and fins (fastening element 140, Collins2022 [33]) that couple a battery pack cover and frame, wherein fasteners (fins) are secured to the cover using an adhesive (Collins2022 [33]). Collins further teaches that the fasteners can be located on the cross-members (206, Collins2022) of the battery pack, which are located between battery modules and are thus part of the thermal barrier assemblies.
Since Collins2022 teaches that a fin (fastener) capable of interfacing with an enclosure cover is suitable for battery pack assembly and that the fins can be located on cross-members between battery modules and fixed to the battery cover using an adhesive, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add the fin of Collins2022 to the thermal barrier assemblies of Collins and secure it to the enclosure cover using an adhesive in order to achieve an assembled battery pack, wherein the cover or lid is fastened to the battery pack frame, that is suitable for a desired battery application (the thermal barrier assemblies of Collins are a part of the battery pack frame).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Collins in view of Koller, Yang, Snyder (US 2017/0229683 A1), and Schmid (US 4554221 A1).
Regarding claim 22, Collins teaches a traction battery pack comprising:
an enclosure assembly (202 Collins Fig. 2 and lid 302) including an enclosure tray (202, Collins Fig. 2) and an enclosure cover (lid 302, Collins [33])
a battery cell stack housed within the enclosure assembly and including a first battery cell (battery cell in one battery module 100, Collins Fig. 4) , a second battery cell (battery cell in a battery module 100 adjacent to the other battery module, Collins Fig. 4), and a thermal barrier assembly arranged axially between the first battery cell and the second battery cell along a cell stack axis of the battery cell stack (annotated Collins Fig. 4 shown below).
PNG
media_image2.png
507
1153
media_image2.png
Greyscale
a heat exchanger plate adjacent to the battery cell stack cells (cooling plate 140, Collins Fig. 1)
the thermal barrier assembly including
a housing (Collins element 206)
an L-shaped fin that protrudes from the housing and interfaces with the enclosure cover (annotated Fig. 1 shown below, when the cover 302 is on fin interfaces with the cover)
PNG
media_image3.png
732
1199
media_image3.png
Greyscale
Collins is silent to the material the housing and fin are made of, thus not explicitly teaching a metallic housing and a metallic L-shaped fin.
Snyder teaches a battery pack comprising partitions (24, Snyder Fig. 2A) that are made of a metallic material (Snyder [26]). Since Collins is silent to the material of the housing and fin and Snyder teaches that it is known to use members comprising metallic materials between battery cells in a battery pack, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form the housing and fin out of a metallic material to obtain the predictable result of a battery pack comprising a thermal barrier assembly between battery modules.
Collins does not teach an adhesive that secures the metallic L-shaped fin to the enclosure cover.
Schmid teaches that is desirable to add adhesive material between components of a battery pack and the cover of the battery pack in order to absorb vibrations (col. 5 lines 45-46). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add an adhesive between the top of the battery cell stack where the fin is located and the enclosure cover in the battery pack of Collins in order to absorb vibrations, thus resulting in an adhesive that secures the metallic L-shaped fin to the enclosure cover.
Collins teaches a fusible thermal interface material disposed between the heat exchanger plate and the battery cell stack (adhesive as a coupling element [26]), but does not teach the fusible thermal interface material including a polymer based material with an intumescent additive and at least a portion of the fusible thermal interface material being configured to disintegrate to establish an insulating air gap that extends directly between a bottom surface of the battery cell stack and a stop surface of the heat exchanger plate when a temperature within the traction battery pack exceeds a predefined temperature threshold.
Collins further teaches that the purpose of the fusible thermal interface material (coupling element) is to provided thermal conductivity between the battery cells and the heat exchanger plate (cooling plate) (Collins [26]).
Koller teaches a battery pack wherein a fusible thermal interface material (thermal equalization layer, Koller Fig. 1 element 4) is disposed between a plurality of battery cells and a heat exchanger plate (Koller Fig. 1) in order to provide thermal conductivity and prevent thermal runaway (Koller [21-25]). Koller further teaches the fusible thermal interface material (thermal equalization layer) including a polymer based material (silicone) with an intumescent additive (polymer actuator) (Koller [64-71]).
Koller further teaches at least a portion of the fusible thermal interface material (thermal equalization layer (4), Koller Fig. 1) being configured to disintegrate (the thermal equalization layer is no longer in physical contact with the entirety of the cooling plate surface and the polymer actuators are no longer located at the surface of the cooling plate in their original orientation, Koller Fig. 1, left panel = before predefined temperature, right panel = after predefined temperature) to establish an insulating air gap that extends directly between a bottom surface of the battery cells stack and a top surface of the heat exchanger plate (air gap (8), Koller Fig. 1) when the temperature exceeds a predefined temperature threshold (Koller Fig. 1, [79-80]).
Since Collins and Koller both teach battery packs comprising a fusible thermal interface material disposed between a battery cells and a heat exchanger plate that provides thermal conductivity and Koller teaches that a fusible thermal interface material containing silicone and an intumescent additive can provide thermal conductivity and also prevent thermal runaway, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the fusible interface material of Koller (thermal equalization layer) as the fusible interface material (coupling element, Collins [26]) in the battery pack of Collins, thus obtaining a traction battery pack wherein the fusible thermal interface material includes a silicone based material with an intumescent additive and at least a portion of the fusible thermal interface material is configured to disintegrate to establish an insulating air gap that extends directly between a bottom surface of the battery cell stack and a stop surface of the heat exchanger plate when a temperature within the traction battery pack exceeds a predefined temperature threshold, in order to prevent thermal runaway.
Collins does not explicitly teach a T-shaped locator received within a slot of the heat exchanger plate for establishing a thermal break between the first battery cell and the second battery cell.
Collins teaches the thermal barrier assembly including a locator (190 and 192, Collins Fig. 4). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to provide a second heat exchanger plate (cooling plate, Collins) in order to provide additional means for thermal heat dissipation at the bottom of the battery pack (under the second layer 130, Collins Fig. 1). The addition of the second heat exchanger plate would thus result in the locator (194, Collins Fig. 4) interfacing with the heat exchanger plate and being received within a slot (thermal barrier assembly is between modules, therefore the heat exchanger plate (all the heat exchanger plates of each module 100 taken together) must have “slots” to accommodate the thermal barrier assemblies) of the heat exchanger plate.
Collins further teaches that elements 190 and 192 have an angular shape but can have different angles, such as 90 degrees (Collins [28]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form the battery pack of Collins to have elements 190 and 192 have an angle of 90 degrees, since Collins teaches that this is a suitable angle for their invention. Upon this modification, elements 190 and 192 taken together form a T-shape.
Collins does not teach a thermally insulating barrier within the metallic housing of the thermal barrier assembly.
Yang teaches battery modules comprising secondary batteries and polyurethane foam that can prevent cascading thermal runaway (Yang abstract). Yang further teaches that battery packs “require thermal management to achieve optimum life and safety” and pouch cells “require additional thermal management when grouped into modules” (abstract).
Since Yang teaches that polyurethane foams can be used to prevent thermal runaway, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a polyurethane foam within the protective housing of Collins in order to prevent thermal runaway.
Response to Arguments
Response – Claim Rejections 35 USC § 102 and 103
The rejections of claims 1-2 under 35 U.S.C. 102(a)(1) as being anticipated by Collins are withdrawn due to Applicant’s amendments to claim 1 in the response received December 20, 2025.
Applicant’s arguments filed December 30, 2025 have been fully considered and are not persuasive.
On pages 7-8 of the response, Applicant appears to allege that Koller does not disclose an intumescent additive. Applicant supports this allegation by stating that “intumescent additives rely on chemical decomposition and char formation to create a protective layer” and that “intumescent swelling and char formation are irreversible processes”.
It is noted that a definition of intumescent is not provided in the instant specification. Additionally, there is no mention of “char”, “chemical decomposition”, or “irreversible” in the instant specification.
Hodgson (Hodgson, P. and Christian, D. F is for Fire – A Dictionary of Key Fire Terminology. BSI Standards Ltd. pg. 82, 2007) teaches a definition (Hodgson pg. 82, shown below) of intumescent that does not require the formation of char, chemical decomposition, or an irreversible process. The polymer actuators of Koller expand (swell) in response to temperature.
PNG
media_image4.png
162
456
media_image4.png
Greyscale
On page 9 of the response, Applicant appears to allege that no portion of the polymer actuator of Koller “disintegrates” to form an insulating air gap, as claimed in claim 12.
This argument is not persuasive. As stated above, Koller teaches at least a portion of the fusible thermal interface material (thermal equalization layer (4), Fig. 1) being configured to disintegrate (the thermal equalization layer is no longer in physical contact with the entirety of the cooling plate surface and the polymer actuators are no longer located at the surface of the cooling plate in their original orientation, Fig. 1, left panel = before predefined temperature, right panel = after predefined temperature) to establish an insulating air gap (air gap (8), Fig. 1) between the battery cell stack (at least one battery cell (2), Fig. 1) and the heat exchanger plate (cooling plate (3), Fig. 1) when the temperature exceeds the predefined temperature threshold (Fig. 1, [79-80]). It is noted that instant claim 12 does not require the intumescent material disintegrate, rather “at least a portion of the fusible thermal interface material” must be configured to disintegrate. In the above rejection of instant claim 12, the fusible thermal interface material is the thermal equalization layer 4 (Koller Fig. 1), which includes the polymer based material and an intumescent additive (polymer actuator, Koller).
On page 9 of the response, Applicant appears to allege that the polymer actuators of Koller can expand but do not form an insulating barrier, as claimed in claim 13.
This argument is not persuasive. The open space (air gap, Koller Fig. 1) resulting from the expansion is an insulating barrier. Koller teaches that “the air gap 8 can constitute a thermally insulating layer” (Koller [80]).
On pages 10-11 of the response, Applicant states that “The Examiner has not established that the facts of this case are similar enough to those of the prior legal decisions noted in MPEP 2144.04”. Applicant appears to allege that “it is not clear why a person of ordinary skill in the art would desire to modify Koller in the manner being proposed by the Examiner”.
These arguments are not persuasive. The MPEP does not require the Examiner to provide explicit comparisons between the instant case and prior legal decisions, rather the MPEP states “the examiner must take care to ensure that the rationale is explained and shown to apply to the facts at hand” (MPEP 2144.04). As stated above and in the Non-Final Office action, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to provide a second heat exchanger plate (cooling plate, Collins) in order to provide additional means for thermal heat dissipation at the bottom of the battery pack (under the second layer 130, Collins Fig. 1), which would result in the locator (194, Collins Fig. 4) interfacing with the heat exchanger plate and being received within a slot (thermal barrier assembly is between modules, therefore the heat exchanger plate (all the heat exchanger plates of each module 100 taken together) must have “slots” to accommodate the thermal barrier assemblies) of the heat exchanger plate. It is well-known and recognized in the field that heat exchanger plates aid heat dissipation in battery packs; therefore, the ordinary artisan would have been motivated to add an additional heat exchanger plate, thus resulting in the claimed limitations regarding the locator and slot, as described above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ruehle (US 2019/0044202 A1): appears to disclose a battery module comprising battery cells, a cooling plate, and thermal compensation layer (abstract, Fig. 1).
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 JULIA S CASERTO whose telephone number is (571)272-5114. The examiner can normally be reached 7:30 am - 5 pm 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, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.S.C./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789