DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on March 25th 2026 is acknowledged. Claims 1-7 & 9-11 remain pending in the application. Claims 8 & 12-20 were cancelled by the Applicant. Applicant’s arguments to the previous rejections of the claims were fully considered and are persuasive. The 103 rejections of the claims are withdrawn due to the Applicant’s amendments. However, upon further consideration, a new grounds of rejection is made in view of Li et al. CN 106356584 A and further in view of Yoon US 2011/0189511 A1 and newly cited Gao US 2021/0066768 A1 and Shedd et al. US 2016/0120059 A1. New rejections follow.
Claim Interpretation
Claim 1 recites the newly added limitation “said controller controlling the constant flow rate pump to provide a constant flow rate, controlling the differential flow rate pump to control the flow rate selectively above the constant flow rate based on the temperature signal.”. Examiner notes that this limitation of Claim 1 was interpreted to mean that the controller controls the constant flow rate pump and the differential flow rate pump, and controls the constant flow rate pump at a constant flow rate, and additionally controls the differential flow rate pump to provide an adjusted/supplemental flow rate as needed by the overall system. Examiner notes that the claim was examined in this way.
Claim Rejections - 35 USC § 103
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 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, 7, & 9 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 106356584 A and further in view of Yoon US 2011/0189511 A1, Gao US 2021/0066768 A1 and Shedd et al. US 2016/0120059 A1. Citations to Li are mapped to the English machine translation provided.
Regarding Claim 1, Li discloses a system [Page 1 Lines 50-52] comprising
a battery module having a plurality of walls (plurality of battery cells in a housing) [Page 1 Lines 54-55], said plurality of walls comprising a first end wall spaced apart from a second end wall (see Li Annotated Figure 5), said first end wall comprising a fluid inlet and the second end wall comprising a fluid outlet [Page 6 Lines 44-46], also see Li Annotated Figure 5.
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Li Annotated Figure 5
A plurality of battery cells [Page 1 Lines 54-55] disposed between the first end wall and the second end wall (see Li Annotated Figure 1)
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Li Annotated Figure 1
An inlet valve (Figure 5 Item 530) in fluid communication with the inlet module pump communicating dielectric fluid (Li discloses that water is used as the cooling liquid [Page 6 Lines 38-39] which is a dielectric fluid) into the battery module (see Figure 5)
An outlet valve (Figure 5 Item 590) in fluid communication with the outlet (see Figure 5)
A pressure sensor (Figure 5 Item 520) generating a pressure signal indicative of the pressure within the battery module [Page 6 Lines 46-49]
A temperature sensor (Figure 5 Item 510) generating a temperature signal indicative of the temperature within the battery module [Page 6 Lines 44-46]
A controller (Figure 5 Item 540) coupled to the inlet module pump, inlet valve, and the outlet valve [Figure 5]
Said controller independently controlling a flow rate into the battery module [Page 6 Lines 51-52], and the pressure within the battery module [Page 6 Lines 51-52]
Said controller controlling the inlet valve and the outlet valve to control the pressure based on the pressure signal (control box collects signals from the valves and the pressure sensor and controls the valve openings [Page 6 Lines 51-56].
Examiner notes that the amended limitation “to obtain a heat transfer for the battery cells” is recognized as intended use, and was given weight to the extent it defines a structural limitation, which in this case is the system being capable of obtaining a heat transfer for the battery cells. In this case, Li discloses that the system is a thermal management system for regulating the temperature of the battery cells [Page 1 Lines 50-52], thus Li discloses that the system is capable of obtaining a heat transfer of the battery cells (regulating temperature of the battery cells).
Li is silent as to a specific fluid path disposed between the plurality of battery cells and the plurality of walls.
Yoon discloses a battery system for cooling battery packs [Abstract], similar to that of Li. Yoon discloses a fluid inlet on one side of the battery module and a fluid outlet on an opposite side of the battery module (see Figure 3B), wherein a fluid path is formed between the plurality of battery cells and the plurality of walls (see Yoon Annotated Figure 3B).
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Yoon Annotated Figure 3B
Yoon discloses that fluid path allows the plurality of battery cells to be more efficiently cooled [0038].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the fluid path of Yoon in the battery module of Li to provide a battery module with more efficiently cooled battery cells.
Modified Li discloses that the pump (Figure 5 Item 560) comprises a “positive displacement pump” [Page 6 Lines 56-58], which is listed in the instant specification as being an example of a “differential flow rate pump” [0008]. Thus modified Li discloses that the inlet module pump comprises a differential flow rate pump. Modified Li is silent as to the inlet module pump comprising a constant flow rate pump in addition to the differential flow rate pump, and is further silent as to the controller controlling the constant flow rate pump to provide a constant flow rate and controlling the differential flow rate pump to control the flow rate selectively above the constant flow rate based on the temperature signal (see above the claim interpretation for this claim limitation).
Shedd discloses a cooling system, that can be used in a vehicle to cool power systems like battery packs [0033], comprising a control unit, a cooling loop, a first pump, and a second pump [0024], similar to the system of Li. Shedd discloses that the first pump and the second pump are arranged in parallel for redundancy [0389]. Shedd discloses that the pumps can be sized independently to provide adequate flow [0389], and further discloses that a constant speed pump can be used to provide simplicity [0390] while a variable speed pump (like a positive displacement pump [0388] similar to the pump in Li’s system) provides greater flexibility for cooling because the variable speed pump can adjust to meet the flow rate as needed for the system [0390]. Shedd further discloses that in their system, the pumps are controlled by the control unit [0390] similar to the pump of Li being controlled by the controller.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the constant speed pump as suggested by Shedd in the system of modified Li comprising a differential flow rate pump (positive displacement pump) based on the teaching of Shedd to provide a system comprising two pumps for two benefits, one being the differential flow rate pump of Li for the benefit of greater flexibility for cooling and being able to adjust the flow rate as needed for the system as taught by Shedd, and the other being the constant speed pump of Shedd for the benefit of simplicity. Shedd further discloses that a system comprising two pumps provides redundancy to the system in the case where one pump fails so that flow remains uninterrupted [0389], and thus one of ordinary skill in the art would be further motivated to combine the teachings of Shedd with modified Li.
Thus modified Li discloses a constant flow rate pump in addition to the differential flow rate pump, wherein the constant flow rate pump is controlled by the controller (as disclosed by Shedd) at a constant flow rate and the differential flow rate pump is controlled by the controller (as disclosed by Li) to control the flow rate selectively above the constant flow rate based on the temperature signal (as suggested by Shedd as the benefit of a variable speed pump like a differential flow rate pump; see above the claim interpretation for this claim limitation).
Modified Li is silent as to the temperature sensor and the pressure sensors being disposed within the battery module.
Gao discloses a battery thermal management system comprising a battery module with a plurality of battery cells sealed inside a container, a pump for pumping cooling fluid, a valve, an inlet and outlet, and a controller [0016-0019], similar to the system of modified Li. Gao discloses that the system further comprises a pressure sensor for monitoring changes in the pressure within the battery module as well as a temperature sensor for measuring the temperature within the battery module [0019], similar to Li. Gao discloses that the pressure sensor and the temperature sensor are disposed within the battery module [0044], as shown in Figure 4 Items 41 & 42. Gao additionally discloses that this configuration is not limited, and the sensors can be positioned anywhere inside the battery module as well as outside or on the battery module [0044], similarly to Li’s configuration.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known battery module configuration, i.e. pressure and temperature sensors outside of the battery module of Li, for another battery module configuration, i.e. pressure and temperature sensors inside of the battery module of Gao, with reasonable expectation of success. The simple substitution of one battery module configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative battery module configurations, Gao demonstrates that these are known equivalents in the art, and the selection of either battery module configuration and exact position of the pressure and temperature sensors would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Regarding Claim 2, as shown in Yoon Annotated Figure 3B below, Yoon discloses a first fluid path and a second fluid path, thus modified Li discloses a first and second fluid path.
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Yoon Annotated Figure 3B
Regarding Claim 7, as shown in Modified Li Annotated Figure 5, modified Li discloses that the pressure sensor is within the battery module, as modified by Gao. Thus modified Li discloses that the pressure sensor is within the fluid path of fluid flowing through the battery module, thus the pressure signal corresponds to the pressure within the fluid path:
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Modified Li Annotated Figure 5
Regarding Claim 9, Li discloses that the fluid outlet is fluidically coupled to a heat exchanger, as shown in Annotated Figure 5 below.
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Li Annotated Figure 5
Claims 3-6 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Li, Yoon, Gao, and Shedd as applied to claim 2 above, and further in view of Ahn US 2015/0229010 A1.
Regarding Claim 3, modified Li is relied upon for the reasons given above in addressing Claim 2, however is silent as to the system further comprising a first baffle and a second baffle.
Ahn discloses a battery pack comprising a battery module [Abstract], similar to the battery module of Li, wherein the battery pack further comprises a cooling system [0007] comprising a coolant (air) inlet, a flow path, and an outlet [0007], similar to the thermal management system of Li. Additionally, Ahn discloses a first end plate and a second end plate (Figure 1 Items 600 & 700, respectively) [0038] positioned on opposite ends of the battery pack (as shown in Figure 1) [0013]. Ahn further discloses that the first end plate and the second end plate are configured such that the coolant (air) is forced around the sides of the first end plate and under the second end plate (Figure 3A-B) [0052], thus Ahn discloses a baffle on an inlet side of the battery module (first end plate) arresting fluid flow in the first fluid path and the second fluid path (forced around the sides of the first end plate) toward the outlet.
Ahn discloses that a battery pack with this configuration has optimized space within the battery pack and has an improved life-span [0023-0024].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the baffle of Ahn in the battery module of modified Li to achieve optimized space within the battery pack and improved life-span.
Regarding Claim 4, modified Li, with the modification of Ahn, discloses that the first baffle comprises openings (Ahn Figure 3A Item 610) of a specific size where the coolant (air) is forced to flow through [0052], thus the openings are capable of obtaining the pressure within the battery module by restricting the flow through the openings.
Examiner notes that the claim limitation “for obtaining a predetermined pressure within the battery module” is functional language, and was not given undue weight in examination. Thus the claim was examined to limit the openings of the first baffle as being capable of “obtaining a predetermined pressure within the battery module”.
Regarding Claim 5, modified Li, with the modification of Ahn, discloses a second baffle disposed on an outlet side of the battery (second end plate) arresting fluid flow in the first fluid path and the second fluid path toward the outlet (coolant is forced under the second end plate on both sides).
Regarding Claim 6, modified Li, with the modification of Ahn, discloses that the second baffle (second end plate) comprises openings (Figure 3B Item 710) of a specific size where the coolant (air) is forced to flow through [0052], thus the openings are capable of obtaining the pressure within the battery module by restricting the flow through the openings.
Examiner notes that the claim limitation “for obtaining a predetermined pressure within the battery module” is functional language, and was not given undue weight in examination. Thus the claim was examined to limit the openings of the second baffle as being capable of “obtaining a predetermined pressure within the battery module”.
Regarding Claim 11, Li is relied upon for the reasons given above in addressing Claim 1, however is silent as to the plurality of battery cells comprising spacers therebetween.
Ahn discloses a battery pack comprising a battery module, as mention with regards to Claim 3 above. Ahn further discloses that the battery module comprises a plurality of battery cells [0010], similar to that of Li, and further discloses spacers (barriers) placed between each of the battery cells [0010], also shown in Figure 1 Item 810 [0038].
Ahn discloses that a battery module with this configuration has improved cooling efficiency and optimized space within the battery pack [0081].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the spacers of Ahn in the battery module of modified Li to achieve a battery module with improved cooling efficiency and optimized space.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li, Yoon, Gao, and Shedd as applied to claim 9 above, and further in view of Zhao et al. WO 2023/070294 A1. Citations to Zhao are mapped to the English machine translation provided.
Regarding Claim 10, modified Li is relied upon for the reasons given above in addressing Claim 9, however is silent as to an expansion element between the outlet valve and the heat exchanger.
Zhao discloses a thermal management system for a battery module [Page 1 Lines 37-43], similar to that of modified Li. Zhao discloses that the system further comprises an expansion element (expansion tank) [Page 11 Lines 1-9]. In one embodiment, Zhao discloses that the expansion element is position before the heat exchanger [Page 11 Lines 1-2], and that the exact position of the expansion element is not limited [Page 11 Lines 8-9].
Zhao discloses that a thermal management system comprising an expansion element allows for the fluid to be stored and supplemented into the system as required by the system [Page 11 Lines 5-8].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate an expansion element before the heat exchanger in the system of modified Li as suggested by Zhao to achieve a system wherein cooling fluid is stored and supplements into the system as required.
Thus modified Li discloses an expansion element between the heat exchanger and the outlet valve.
Response to Arguments
Applicant’s arguments with respect to the claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ANNA G NEWELL whose telephone number is (571)270-1088. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.G.N./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 5 June 2026