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 Objections
Claim 7 is objected to because of the following informalities: claim 7, line 3 recites the limitation “electrodes,” which should read “the plurality of electrodes” to be consistent with its antecedent basis in lines 1-2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites "one heating layer" in line 1. The claim is indefinite since it is unclear whether the limitation “one heating layer” refers to the limitation “a heating layer” in claim 1, or another new “heating layer.”
Claim 8 recites “one electrode” in lines 1 and 3. The claim is indefinite since it is unclear whether the limitation “one electrode” refers to the limitation one of “a plurality of electrodes” in claim 7, or another new “electrode”.
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.
Claims 1, 3, 6-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al. (CN 213752916) hereinafter Guo.
Regarding claim 1, Guo discloses, in Fig. 1,
A heating film (10, tray assembly), the heating film (10) comprising
a first protective layer (17, protective layer),
a second protective layer (15, insulating layer; the examiner interprets the insulating layer 15 “used to insulate the heating structure from the outside” (Guo (translation), p. 3, ln. 4) as the second protective layer), and
a heating layer (13, heating layer) and an electrode layer (136, hollow space; “a positive electrode connecting portion 131, a negative electrode connecting portion 132… enclosing a hollow space 136,” Guo (translation), p. 3, ln. 39-40), which is arranged on the heating layer 13 as shown in Fig. 2; The examiner interprets “hollow space” as “electrode layer”) arranged in a stacked manner (shown in Fig. 1) between the first protective layer (17) and the second protective layer (15),
the heating layer (13) comprising a plurality of sub heating regions (14, heat conducting layer) arranged at intervals (shown in Fig. 1), and
the electrode layer (136) being electrically connected to the plurality of sub heating regions (14) to form a parallel heating loop (“The currents among the A, B, C three current paths are in parallel connection,” Guo (translation), p. 9, ln. 5-6).
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Fig. 1 of Guo
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Fig. 2 of Guo
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Fig. 3 or Guo
Regarding claim 3, Guo discloses, in Fig. 1, the heating film (10) according to claim 1, wherein
a material of the sub heating region (14) comprises graphene (“the heat conducting layer is made of … graphene,” Guo (translation), p. 2, ln. 20); and/or (for the purpose of examination, the examiner interprets “and/or” as “or”)
a material of the first protective layer comprises at least one of polyimide and polyethylene; and or,
a material of the second protective layer comprises at least one of polyimide and polyethylene.
Regarding claim 6, Guo discloses in Fig. 1, the heating film (10) according to claim 1, wherein the sub heating regions (14) are distributed in one or a plurality of rows, and each row has a plurality of sub heating regions distributed at intervals (shown in Fig. 1).
Regarding claim 7, Guo discloses, in Fig. 1, the heating film (10) according to claim 6, wherein the electrode layer (136) comprises a plurality of electrodes (Fig. 2; “a positive electrode connecting portion 131, a negative electrode connecting portion 132… enclosing a hollow space 136,” Guo (translation), p. 3, ln. 39-40), and two opposite sides of a surface perpendicular to a stacking direction of the sub heating region are respectively electrically connected to electrodes (shown in Fig. 3).
Regarding claim 8, Guo discloses, in Fig. 1, the heating film according (10) to claim 7, wherein one electrode (131 or 132) is electrically connected to a plurality of sub heating regions (14) in the same row in a row direction of the plurality of sub heating regions (“current flows from the positive electrode connection portion 131 into the branch connection portion 133 or the thermally conductive layer 14, and flows back through the thermally conductive layer 14 or the branch connection portion 133 into the negative electrode connection portion 132,” Guo (translation), p. 3, ln. 44-46); and/or, one electrode is electrically connected to the sub heating regions of two adjacent rows (shown in Fig. 3).
Regarding claim 12, Guo discloses, in Fig. 1, a manufacturing method of a heating film (10), comprising:
providing a first protective layer (17, protective layer), a second protective layer (15, insulating layer), a heating layer (13, heating layer), and an electrode layer (136, hollow space; Fig. 2), wherein the heating layer (13) comprises a plurality of sub heating regions (14, heat conducting layer) arranged at intervals (shown in Fig. 1); and
stacking the heating layer (13) and the electrode layer (136) between the first protective layer and the second protective layer (Fig. 3 shows the hollow space 136 is on the heating layer 13, and Fig. 1 shows the heating layer 13 is stacked between the insulating layer 15 and the protective layer 17), and electrically connecting the electrode layer (136) to the plurality of sub heating regions (14) to form a parallel heating loop (“The currents among the A, B, C three current paths are in parallel connection,” Guo (translation), p. 9, ln. 5-6).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN 213752916) hereinafter Guo, in view of Tang et al. (CN 204167439) hereinafter Tang.
Regarding claim 2, Guo discloses, in Fig. 1, the heating film (10) according to claim 1, wherein
at least one of the first protective layer (17) and the second protective layer (15) comprises an insulating sub-layer (16, laminated insulating layer; Fig. 1) and a bonding sub-layer (12, bonding layer; Fig. 1), and
the bonding sub-layer (12) is arranged on one side of the insulating sub-layer (16).
Guo does not explicitly disclose the bonding sub-layer is arranged on one side of the insulating sub-layer away from the heating layer.
However, Tang discloses, in Fig. 3, the bonding sub-layer (1-11, adhesive layer) is arranged on one side of the insulating sub-layer away from the heating layer (“electric heating membrane elements 1-1 of one side is provided with an adhesive layer 1-11 … electric heating membrane elements 1-1 are adhered on the six cell single body 2-1 on the side face of the same side,” Tang (translation), paragraph 13; the examiner interprets “the bonding sub-layer is arranged on one side of the insulating sub-layer away from the heating layer” in claim 2 as the bonding layer is arranged at the outermost position from the heating layer of the heating film, for the purpose of bonding the heating film to battery cells).
Guo and Tang are considered to be analogous to the claimed invention because they all are in the same field of a heating film for a battery module in an electric vehicle. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the bonding layer disclosed by Tang into the heating film disclosed by Guo, for the purpose of bonding the heating film to battery cells, in order to “ensure that the battery module is heated uniformly, … to improve the heating efficiency.” Tang (translation), paragraph 13.
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Fig. 3 of Tang
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN 213752916) hereinafter Guo, in view of Sajic (US 20180288830).
Regarding claim 4, Guo discloses, in Fig. 1, the heating film (10) according to claim 1, but does not explicitly disclose a gap between the two adjacent sub heating regions of the same layer is 3 mm to 8 mm.
However, Sajic discloses, in Fig. 3, a gap (G, width) between the two adjacent sub heating regions (330, heater segment) of the same layer is 3 mm to 8 mm (paragraph 46; “width G of approximately 3 mm”).
Guo and Sajic are considered to be analogous to the claimed invention because they all are in the same field of thin heating element. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Guo’s heat conducting layer configuration to include a gap between adjacent heating regions as taught by Sajic, in order to “sufficiently electrically isolate adjacent segments from one another so that no electrons can jump across the gap for the range of expected operation.” Sajic, paragraph 50.
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Fig. 3 of Sajic
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN 213752916) hereinafter Guo, in view of Song et al. (CN 112312597) hereinafter Song.
Regarding claim 5, Guo discloses, in Fig. 1, the heating film (10) according to claim 1, but does not explicitly disclose one heating layer is provided with two electrode layers, and the two electrode layers are respectively arranged on surfaces on both sides of the heating layer.
However, Song discloses, in Fig. 1, one heating layer (4, resistance layer) is provided with two electrode layers (positive electrode layer 2 and negative electrode layer 3), and the two electrode layers (2 & 3) are respectively arranged on surfaces on both sides of the heating layer (shown in Fig. 1).
Guo and Song are considered to be analogous to the claimed invention because they all are in the same field of electric heating film. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Guo’s heating film structure to include first and second electrode layers on opposite surfaces of the heating layer as disclosed by Song, for the purpose of “improving the temperature uniformity of the high uniformity electric heating film.” Song, p. 3, ln. 14-15.
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Fig. 1 of Song
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN 213752916) hereinafter Guo, in view of Wei et al. (CN 103904279) hereinafter Wei.
Regarding claim 9, Guo discloses, in Fig. 1, a battery (battery pack; Guo (translation), p. 3, ln. 3), comprising:
the heating film (10) according to claim 1; and
a battery cell (20, battery cell, or electric core), and the heating film (10) being used for heating the battery cell (“heating structure… is used for heating electric core 20” (Guo (translation), p. 3, ln. 11); “tray assembly has contained heating structure” (Guo (translation), p. 2, ln. 31).
Guo does not explicitly disclose a plurality of the battery cells being arranged to be stacked in a thickness direction.
However, Wei discloses in Fig. 5, a plurality of the battery cells (510, battery cell) being arranged to be stacked in a thickness direction (“multiple battery cells 510 … are overlapped at thickness direction,” Wei (translation), p. 4, ln. 20-21)
Guo and Wei are considered to be analogous to the claimed invention because they all are in the same field of battery system. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have stacked battery cells as disclosed by Wei in the battery system of Guo, for the purpose of “ease of wiring.” Wei (translation), p. 4, ln. 24.
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Fig. 5 of Wei
Regarding claim 10, Guo discloses the battery (battery pack) according to claim 9, wherein the heating film (10) is attached to an outer surface of the battery cell (20) (shown in Fig. 4); and/or (for the purpose of examination, the examiner interprets “and/or” as “or”),
a dimension of the sub heating region in the thickness direction is W, a dimension of the battery cell in the thickness direction is L, and L≤W≤2L.
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Fig. 4 of Guo
Regarding claim 11, Guo discloses an electrical apparatus, comprising the battery (“The core of a new energy automobile is a battery pack,” Guo (translation), p. 5, ln. 5-6; the examiner interprets the new energy automobile as an electrical apparatus) according to claim 9, wherein the battery (battery pack) is configured to provide electric energy (“the power supply may be a battery pack,” Guo (translation), p. 9, ln. 35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Song (KR 20210113717 A), Dietze et al. (US 20210288344), Yin et al. (CN 213552864), Park et al. (US 20210168909), Deska et al. (US 20180145340), Suh et al. (KR 101763658), Yoshida et al. (US 20210273278), Chen et al. (CN 209845341), Feng et al. (CN 209208184)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JE HWAN JOHN PARK whose telephone number is (571)272-6405. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J.P./Examiner, Art Unit 3761
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3761