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 .
The Applicant has amended independent claims 15 and 30; and canceled claims 16, 35, 36. The pending claims are claims 15, 17-34.
THIS ACTION IS MADE FINAL. 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.
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.
Claim(s) 15, 17-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., US 2011/0059347, in view of Tomoyuki et al., JP 2013051099.
Regarding claim 15, Lee et al., teaches a battery module (module 400) (abstract), comprising: a plurality of battery cells (cells 100, 102, 104) (abstract) arranged side by side to face each other in a first direction (Fig. 6, 13), the plurality of battery cells including a first battery cell and a second battery cell adjacent to each other in the first direction (Fig. 4; two battery cells 100, 102, 104) (0071); a cooling plate (heat dissipation member 500,) located below (531,541- would be considered below the battery because it extends beyond the battery cells) the plurality of battery cells (cells 100, 102, 104); a heat transfer tape (0102) (thermally conductive adhesive tape 500, 550) (0039) disposed between the first battery cell and the second battery cell to transfer heat from at least one of the first and second battery cells to the cooling plate (heat dissipation member 500, 510, 520, 530, 540), the heat transfer tape (thermally conductive adhesive tape 500, 550) (0039) including: an adhesion portion (thermal interface material) (500, 550) between the first and second battery cells (cells 100, 102, 104) in the first direction (0035-0039), the adhesion portion having a first surface adhered to a surface of the first battery cell facing the adhesion portion (thermally conductive adhesive tape 500, 550) (0035-0039) (Fig. 10); the adhesion portion further has a second surface opposite the first surface of adhesion portion (thermally conductive adhesive tape) (0039) and adhered to the first surface of the second battery cell (cell 100, 102, 104) facing the adhesion portion to adhere the first and second battery cells together (0035-0039; 0053).
Lee et al., does not teach wherein a first surface of the first battery cell and a first surface of the second battery face each other in the first direction; and adhesion portion between the first surface of the first battery cell and the first surface of the second battery cell.
Tomoyuki et al., teaches a battery (battery 5 module) (0019) comprising a first surface of the first battery cell (battery cell 1; battery cells are stacked (0019) and a first surface of the second battery face (battery cell 1) each other in the first direction (Fig. 2) ; and adhesion portion (adhesive portion 8b) between the first surface of the first battery cell (battery cell 1) and the first surface of the second battery cell (battery cell 1) (Fig. 2, 4, 5, 6).
Thus, it would have been possible to one having ordinary skill in the art at the time of the invention because Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023); Tomoyuki et al., teaches wherein the first surface of the first battery cell (battery cells 1; adhesive 8b) (0013-0014; 0016) and the first surface of the second battery cell (battery cells 1; adhesive 8b) (0017) are parallel with each other (Fig. 6, 7; adhesive 8b; battery cell 1).
Regarding claim 17, Lee et al., teaches the heat transfer tape (0039) is configured to transfer heat from the first and second battery cells to the cooling plate (0014; 0017-0020).
Regarding claim 18, Lee et al., does not teach the first surface of the adhesion portion has a smaller surface area than the first surface of the first battery cell directly contacting the adhesion portion (adhesive tape) (0039).
However, Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023).
In addition, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 19, Lee et al., teaches the first surface of the adhesion portion is adhered to a lower part of the first surface of the first battery cell (adhesive tape) (0039) adjacent to the cooling plate without covering an upper part of the first surface of the first battery cell away from the cooling plate (cooling system) (0007; 0019; 0036) (heat dissipation member 500, 510, 520, 530, 540).
Regarding claim 20, Lee et al., teaches the cooling plate (0039) (cooling structure; 0010) (heat dissipation member 500, 510, 520, 530, 540) includes a plurality of grooves (grooves in frames; claim 9), each accommodating a lower end of a corresponding one of the plurality of battery cells (0027).
Regarding claim 21, Lee et al., teaches the cooling plate (heat dissipation member 500, 510, 520, 530, 540) is located below the plurality of battery cells (cells 100, 102) in a second direction perpendicular to the first direction (Fig. 11-12); and the heat transfer tape (thermally conductive adhesive tape 500, 550) (0039) contacts the cooling plate (0039) (cooling structure; 0010) (heat dissipation member 500, 510, 520, 530, 540) (Fig. 11-12).
Regarding claim 22, Lee et al., teaches the heat transfer tape (thermally conductive adhesive tape) (0039) further includes a buffering portion (heat dissipation member 500) connected to the adhesion portion (0039), the buffering portion (heat dissipation member 500) being disposed between the adhesion portion (0039) and the cooling plate in the second direction (Fig. 11-12) and contacting the cooling plate (0016; 0018).
Regarding claim 23, Lee et al., teaches the cooling plate cells (cooling system; 0007-0011); includes: a first groove (grooves in frames; claim 9) accommodating a lower end of the first battery cell; a second groove (grooves in frames; claim 9) accommodating a lower end of the second battery cell; and a protrusion extending upwards (0029-0030) between the first groove (grooves in frames; claim 9) and the second groove (grooves in frames; claim 9), wherein the buffering portion of the heat transfer tape contacts the protrusion (heat dissipation member) (0029-0030).
Regarding claim 24, Lee et al., teaches the heat transfer tape further includes a buffering portion (heat dissipation member) connected to the adhesion portion, the buffering portion being disposed between the adhesion portion and the cooling plate (thermally conductive adhesive tape) (0039).
Regarding claim 25, Lee et al., teaches the buffering portion (heat dissipation member 500) includes an adhesive surface in contact with at least one of a lower edge portion of the first battery cell, a lower edge portion of the second battery cell, and the cooling plate (0016; 0018; 0020).
Regarding claim 26, Lee et al., teaches the buffering portion (heat dissipation member 500) further includes: a hollow middle portion forming a buffering space (heat dissipation member 500); and an inner surface facing the buffering space (heat dissipation member 500).
Lee does not teach buffering space having a weaker adhesive force than the adhesive surface.
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 27, Lee et al., teaches the inner surface of the buffering portion is a non-adhesive surface (heat dissipation member 500).
Regarding claim 28, Lee et al., teaches a battery pack (0052; 0063-0066), comprising the battery module of claim 15 (abstract).
Regarding claim 29, Lee et al., teaches a vehicle (0065), comprising the battery pack of claim 28 (0065).
Regarding claim 30, Lee et al., teaches a battery module (abstract), comprising: a plurality of battery cells (cells 100, 102, 104) (abstract) arranged in a first direction, the plurality of battery cells including a first battery cell and a second battery cell adjacent to each other in the first direction (Fig. 6); wherein a first surface of the first battery cell (cell 100, 102, 104) and a first surface of the second battery face each other in the first direction (Fig. 4); a cooling plate (heat dissipation member 500, 510, 520, 530, 540) disposed below the plurality of battery cells and accommodating the plurality of battery cells (0019); and a heat transfer tape (thermally conductive adhesive tape 500, 550) to transfer heat from at least one of the first and second battery cells (battery cells 100, 102, 104) to the cooling plate (thermally conductive adhesive tape) (0039), the heat transfer tape (thermal interface 550) including: an adhesion portion between the first and second battery cells in the first direction, the adhesion portion contacting a lower part of the first battery cell (cell 100, 102, 104) adjacent to the cooling plate (heat dissipation member 500, 510, 520, 530, 540) without contacting an upper part of the first surface of the first battery cell (cell 100) away from the cooling plate (thermally conductive adhesive tape 550) (0039) (Fig. 10); wherein the adhesion portion (adhesive tape 500, 550) includes a first surface directly contacting the first surface of the first battery cell (battery cell 100, 102, 104); and a second surface directly contacting the first surface of the second battery cell (Fig. 3, 4, 14), the second surface of the adhesion portion being opposite to and parallel with the first surface of the adhesion portion (adhesive tape 500, 550) (0039).
“a thermal interface material is preferably provided between the tops of the bent portions of the heat dissipation members and the air cooling type heat exchange member for more efficiently achieving heat transfer between the heat dissipation members and the air cooling type heat exchange member. The thermal interface material is a kind of interface material having a heat conduction function. The thermal interface material serves to minimize thermal resistance. Examples of the thermal interface material may include a thermally conductive grease, a thermally conductive epoxy-based bond, a thermally conductive silicone pad, a thermally conductive adhesive tape,” (0039) (Fig. 10).
Lee does not teach a first surface of the first battery cell and a first surface of the second battery face each other in the first direction and an adhesion portion between first surface of the first battery cell and the first surface of the second battery cell in the first direction, the adhesion portion contacting a lower part of the first surface of the first battery cell.
Tomoyuki et al., teaches a battery (battery 5 module) (0019) comprising a first surface of the first battery cell (battery cell 1; battery cells are stacked (0019)) and a first surface of the second battery face (battery cell 1) each other in the first direction (Fig. 2) ; and adhesion portion (adhesive portion 8b) between the first surface of the first battery cell (battery cell 1) and the first surface of the second battery cell (battery cell 1) (Fig. 2, 4, 5, 6). Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023).
Thus, it would have been possible to one having ordinary skill in the art at the time of the invention because Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023). Tomoyuki et al., teaches wherein the first surface of the first battery cell (battery cells 1; adhesive 8b) (0013-0014; 0016) and the first surface of the second battery cell (battery cells 1; adhesive 8b) (0017) are parallel with each other (Fig. 6, 7; adhesive 8b; battery cell 1).
Regarding claim 31, Lee et al., teaches the first surface of the adhesion portion (adhesive tape; thermal interface 550) (0039) is adhered to the first surface of the first battery cell (cell 100, 102, 104) and a second surface adhered to the first surface of the second battery cell to adhere the first and the second battery cells together (thermally conductive adhesive tape) (0039) (Fig. 10).
Additionally, Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023).
Regarding claim 32, Lee et al., teaches the transfer tape thermal interface 550) is configured to transfer heat from the first and second battery cells to the cooling plate (0036-0040).
Regarding claim 33, Lee et al., teaches the cooling plate includes a plurality of grooves (grooves in frames; claim 9), each accommodating a lower end of a corresponding one of the plurality of battery cells (0027).
Regarding claim 34, Lee et al., teaches the cooling plate is located below the plurality of battery cells in a second direction perpendicular to the first direction; and the heat transfer tape contacts the cooling plate (thermally conductive adhesive tape) (0039).
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive. The Applicant argues that “Tomoyuki merely discloses placing the adhesive portion 8b (the Office's alleged "adhesion portion") between a battery cell 1 and "core material" 8a, not between the alleged first surface of the first battery cell 1 and the alleged first surface of the second battery cell 1 that face each other.”
The Applicant argues that “Tomoyuki teaches the use of adhesive between a first and second battery cell in order to improve adhesion between the surfaces between the cells (0017) and the adhesive portion 8b are sandwiched in gaps 6 formed around the outer circumference of the battery cell 1 (0023)… the Office appears to suggest that slanted end surfaces of the battery cells 1 where the adhesive portion 8b is illustrated as being disposed (see, e.g., FIG. 2 of Tomoyuki reproduced above) somehow correspond to "the first surface of the first battery cell" and the "first surface of the second battery cell," recited in claims 15 and 30.”
However, although there is an embodiment for slanted end surfaces, there is also an embodiment for parallel end surfaces, as seen in Fig. 6, 7, which shows the battery cell 1 and the adhesive portion 8b and the electrode material 4, wherein the structures are parallel to each other.
Additionally, Tomoyuki et al., teaches a battery (battery 5 module) (0019) comprising a first surface of the first battery cell (battery cell 1); battery cells (electrode material 4) are stacked (0019) and a first surface of the second battery face (battery cell 1) each in the first direction (Fig. -, 6, 7) ; and adhesion portion (adhesive portion 8b) between the first surface of the first battery cell (battery cell 1; electrode material 4) and the first surface of the second battery cell (battery cell 1) (Fig. 6, 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727