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
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.
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.
Claims 1 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Mummigatti et al. (US 2020/0036067 A1) in view of CN 115360460 (to Zhang et al.) – translation attached and relied upon below.
With respect to claim 1, Mummigatti teaches an apparatus (Figure 2) comprising: a battery housing (22) having a plurality of walls (24), including a pair of longitudinally extending walls (24C & 24D) that are connected to each other by a pair of end walls (Figure 4, 30), each of the longitudinally extending walls (Figure 2: 24C & 24D) and each of the end walls (Figure 4, 30) including a fluid channel (42) integrally formed therein that are in fluid communication with each other (para. [0045]-[0047]) to define a continuous flow path around the battery housing (para. [0062]) (as illustrated in Figure 5); and
a first battery module comprising a first plurality of battery cells (26) disposed between the plurality of walls (24C, 24D, 30, 24B, 24A) (as illustrated);
wherein a fluid inlet to the continuous flow path is located in a first end wall of the pair of end walls and a fluid outlet from the continuous flow path is located in a second end wall of the pair of end walls (para. [0047]) – Mummigatti teaches that one skilled in the art can choose to place the inlet in one of the end walls (48A or 48B) in order accommodate different design factors; therefore, it would have been obvious to place the outlet in one of the end walls (48A or 48B) as well.
Mummigatti fails to teach providing an expansion element that is configured to receive a fluid from the fluid outlet and is positioned downstream from the fluid outlet.
Zhang teaches an apparatus comprising a battery module (Figure 1, 104), within housing (100), and a cooling circuit comprising a cooling fluid inlet (105a) and a cooling fluid outlet/(pipeline) (105f), and an expansion element/(expansion tank (202k)) that is configured to receive cooling fluid from the cooling fluid outlet/(pipeline) (105f) and is positioned downstream from the cooling fluid outlet/(pipeline) (105f) (as illustrated) in order to adjust the pressure of the cooling fluid exiting the battery module housing to a pressure that is suitable for downstream processing units.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide an expansion element that is configured to receive a fluid from the fluid outlet and is positioned downstream from the fluid outlet in the apparatus of Mummigatti, as taught by Zhang, in order to adjust the pressure of the cooling fluid exiting the battery module housing to a pressure that is suitable for downstream processing units.
With respect to claim 12, Mummigatti fails to explicitly teach wherein each of the fluid channels are cylindrical in shape. However, Mummigatti teaches wherein the fluid channels (42) may be arranged in alternate geometries (i.e. alternate to rectangular) to accomplish the objective of the disclosure (para. [0044]-[0045]). Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04 IV A.(size) MPEP 2144.04 IV B (Shape). It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide the battery module of Mummigatti with a first fluid channel that is cylindrical in shape in order to accommodate design and space limitations.
With respect to claim 13, Mummigatti teaches wherein each of the fluid channels are rectangular in shape ((para. [0045] – Mummigatti teaches wherein the fluid channels (42) are formed or defined by the walls (24), which are rectangular).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Mummigatti et al. (US 2020/0036067 A1) in view of CN 115360460 (to Zhang et al.), as applied to claim 1 above, and further in view of (CN 108028446 A) (to Nishikawa et al.).
With respect to claim 3, modified Mummigatti discloses all claim limitations as set forth above but fails to teach wherein the fluid channels of the pair of longitudinally extending walls are fluidically coupled to the pair of end walls using fittings.
Nishikawa teaches a battery module (9) (Figure 23) comprising a cooling apparatus comprising a first fluid channel (21) (extending vertically through the central portion of the battery module (9)) and a second fluid channel (21) (extending horizontally near the bottom) that are fluidically coupled together with a fitting (23) (as illustrated) in order to connect the channels together and to thereby allow for easier assembly.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to fluidly couple the first fluid channel and the second fluid channel in modified Mummigatti together with a fitting, as taught by Nishikawa, in order to connect the pipes together and to thereby allow for easier assembly.
With respect to claim 4, Nishikawa further teaches wherein the fittings (Figure 12) (8Bd & 8Bb) include a valve (24) associated therewith (as illustrated); therefore, it would have been obvious to provide each of the fittings in modified Mummigatti in view of Nishikawa with a valve (24) associated therewith in order to provide a mechanism for controlling the flow rate of cooling fluid therethrough.
The claim describes operational conditions (i.e. said valve (24) is controlled in response to a temperature signal from a first temperature sensor within the first battery module) and do not Iimit the invented apparatus. While features of an apparatus may be recited either structurally or functionally, claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQZd 1429, 1431-32 (Fed. Cir. 1997), see also In re Swinehad, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). ''Apparatus claims cover what a device is, not what a device does.'' Hewlett-packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). MPEP 2114.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mummigatti et al. (US 2020/0036067 A1) in view of CN 115360460 (to Zhang et al.), as applied to claim 1 above, and further in view of (CN 115458851 A) (to Du et al.).
With respect to claim 14, modified Mummigatti discloses all claim limitations as set forth above including an inlet module pump that pumps the fluid to the fluid inlet (para. [0053]); and Zhang further teaches providing an outlet valve/(return valve (105g) (Figure 1) between the fluid outlet/(pipeline (105f)) and the expansion element/(expansion tank (202k)) (as illustrated) and the fluid inlet;
but fails to teach wherein the battery module apparatus further includes
an inlet valve between the inlet module pump;
a temperature sensor generating a temperature signal indicative of the temperature within the first battery module; and
a controller coupled to the inlet module pump, the inlet valve and the outlet valve, said controller controlling a flow rate into the fluid channels based on the temperature signal.
Du et al. teaches a battery pack (Figure 7, 18) comprising battery modules (8, 9, 10) (see also Figure 1), a battery cooling apparatus comprising a fluid channel/(radiating pipelines (1) (Figure 1) – equivalent to pipelines (14, 15, 16) (Figure 7), comprising an inlet valve (4, 5, 6) in fluid communication with an inlet module pump (11) that pumps the fluid to the fluid inlet communicating fluid into the fluid channel/(pipelines (14, 15, 16)) within the first wall of the plurality of walls (as illustrated); an outlet upstream of water tank (13);
a temperature sensor (17) generating a temperature signal indicative of the temperature within the first battery module (9); and
a controller coupled to the inlet module pump (11), the inlet valve (5) and the outlet valve, said controller controlling a flow rate into the fluid channel (15) based on the temperature signal (page 10, 2nd full paragraph) in order to provide timely and efficient cooling of the battery modules.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the battery module apparatus of modified Mummigatti further include an inlet valve in fluid communication with the inlet module pump communicating fluid into the fluid channel within the first wall of the plurality of walls;
an outlet valve in fluid communication with the outlet;
a temperature sensor generating a temperature signal indicative of the temperature within the first battery module; and a controller coupled to the inlet module pump, the inlet valve and the outlet valve, said controller controlling a flow rate into the fluid channel based on the temperature signal, as taught by Du et al., in order to provide timely and efficient cooling of the battery modules.
With respect to claim 15, Du et al. further teaches a plurality of valves (4, 5, 6) (Figure 7) associated with a plurality of fluid passages (14, 15, 16) and wherein the controller controls the plurality of valves (4, 5, 6) based on the temperature signal (page 10, 2nd – 3rd paragraph and page 11).
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-4 and 12-15 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record due to applicant’s amendments made to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KAITY V CHANDLER/ 6/8/2026Primary Examiner, Art Unit 1725
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