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 Arguments
Applicant’s arguments with respect to the 35 U.S.C. 112(b) rejection of the previous office actions have been fully considered and are persuasive. The 35 U.S.C. 112(b) rejection of claim 3 has been withdrawn.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the second and the third element not being a part of the same component) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The term “element” has been given its broadest reasonable interpretation, and therefore, as Kawaguchi et al. specifically designates the bent portion 21a as a separate element in the drawings, such is reasonably considered a separate “element” from the planar sections of the heat dissipating members 21 as applied in the rejection below.
In the interest of compact prosecution – assuming applicant positively requires the second and third element to be separate components - applicant’s arguments with respect to the prior art rejection of the claims have been considered but are moot because the new ground of rejection below (necessitated by the clarifying amendments to the claims) relies on prior art not previously applied in the prior rejection of record and therefore specifically challenged in the argument. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1, 2, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kawaguchi et al. (US Pub 2013/0130087 cited in IDS).
In regard to claim 1, Kawaguchi et al. teach a battery module comprising: a plurality of battery cells 20; an aluminum housing portion 30 housing the plurality of battery cells (paragraph [0056]); a first element (heat insulating members 22b) positioned between the adjacent battery cells 20, and having low thermal conductivity such as polyurethane foam (paragraph [0055]); and a second element (heat dissipating members 21) positioned between the first element and the battery cell, and having a high thermal conductivity such as copper (paragraph [0054]), wherein the second element 21 is thermally coupled to a first portion of the housing portion 30b covering a portion of each of battery cells, and the portion of each of battery cells 20 is thermally insulated from the first portion of the housing (via gap 31) (paragraphs [0052-0060], figure 4 annotated below).
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In regard to the amendment, the module further comprises a third element (bent portion 21a) thermally coupled to the second element 21 and thermally coupled a second portion of the housing portion (other side of 30b) covering another portion of each of battery cells, the third element (also copper) having thermal conductivity higher than thermal conductivity of the first portion of the housing (aluminum) (paragraph [0053]).
While the prior art does not specify ranges for the thermal conductivities of the members, the disclosure of materials in the prior art such as insulators like polyurethane foam (around 0.03 W/(m·K)) for the first element, metals like copper (around 400 W/(m·K)) for the second element and aluminum (around 237 W/(m·K)) for the housing, overlap the claimed ranges in a manner which provides a prima facie case of obviousness (see MPEP 2144.05).
In regard to claim 2, a gap (space 31) is provided between the first portion and the portion of each of battery cells 20 (paragraph [0056]).
In regard to claim 4, a first buffer material (top 22a) positioned on one end side of the plurality of battery cells; and a second buffer material (bottom 22a) positioned on the other end side of the plurality of battery cells, wherein the plurality of battery cells are clamped by the housing portion through the first buffer material and the second buffer material (figure 4 above, paragraph [0055]).
In regard to claim 5, the second element (heat dissipating members) includes a first extending portion (member 21) extending between the adjacent battery cells 20, and a second extending portion (bent portions 22a) extending in a direction intersecting the first extending portion between the portion of each of battery cells and the first portion (paragraph [0053], figure 4).
Claims 1, 2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kawaguchi et al. (US Pub 2013/0130087 cited in IDS) in view of Cho et al. (US Pub 2018/0183117 newly cited).
In regard to claim 1, Kawaguchi et al. teach a battery module comprising: a plurality of battery cells 20; an aluminum housing portion 30 housing the plurality of battery cells (paragraph [0056]); a first element (heat insulating members 22b) positioned between the adjacent battery cells 20, and having low thermal conductivity such as polyurethane foam (paragraph [0055]); and a second element (heat dissipating members 21) positioned between the first element and the battery cell, and having a high thermal conductivity such as copper (paragraph [0054]), wherein the second element 21 is thermally coupled to a first portion of the housing portion 30b covering a portion of each of battery cells, and the portion of each of battery cells 20 is thermally insulated from the first portion (via gap 31) of the housing portion (paragraphs [0052-0060], figure 4 annotated below).
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While Kawaguchi et al. does not specify ranges for the thermal conductivities of the members, the disclosure of materials in Kawaguchi et al. such as insulators like polyurethane foam (around 0.03 W/(m·K)) for the first element, metals like copper (around 400 W/(m·K)) for the second element and aluminum (around 237 W/(m·K)) for the housing, overlap the claimed ranges in a manner which provides a prima facie case of obviousness (see MPEP 2144.05).
In regard to the amendment, the claims now require the battery module further comprises a third element thermally coupled to the second element and thermally coupled to a second portion of the housing portion covering another portion of each of battery cells, the third element having thermal conductivity higher than thermal conductivity of the first portion of the housing portion. However, Cho et al. teach a similar battery module comprising cells 400 within a housing 200 with bottom plate 210 (such as aluminum) including a metal thermally conductive cooling fin 302 (analogous to the heat dissipating second member in Kawaguchi et al.) and the desirability to include a thermally conductive resin layer member A between and thermally coupled to the cooling fin 302 and a portion of the battery case bottom plate 210 (see annotated figure 2 below) because such allows for the reduction of fastener usage in the battery cell and ensures heat dissipation properties and has a variety of tunable properties (paragraphs [0016-0037]). Further, Cho et al. teach the desirability to tune the thermal conductivity properties of both the housing components (paragraphs [0010-0013]) and the resin layer (paragraphs [0032-0105], Examples) in a manner which obviates optimizing the relationship between the thermal conductivities of the components to achieve desired heat dissipation characteristics.
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Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to include a thermally conductive resin layer between and thermally coupled to the heat dissipating cooling fins and the second portion of the housing in the battery module of Kawaguchi et al. as such reduces the number of fasteners needed in the module and has a range of tunable properties as taught by Cho et al.
In regard to claim 2, Kawaguchi et al. teach a gap (space 31) is provided between the first portion and the portion of each of battery cells 20 (paragraph [0056]).
In regard to claim 4, Kawaguchi et al. teach a first buffer material (top 22a) positioned on one end side of the plurality of battery cells; and a second buffer material (bottom 22a) positioned on the other end side of the plurality of battery cells, wherein the plurality of battery cells are clamped by the housing portion through the first buffer material and the second buffer material (figure 4 above, paragraph [0055]).
In regard to claim 5, Kawaguchi et al. teach the second element (heat dissipating members) includes a first extending portion (member 21) extending between the adjacent battery cells 20, and a second extending portion (bent portions 22a) extending in a direction intersecting the first extending portion between the portion of each of battery cells and the first portion (paragraph [0053], figure 4).
In regard to claim 6 and 7, as noted above, Kawaguchi et al. teach the second elements (thermal dissipating cooling fins) are metal such as copper, and Cho et al. the third element is a thermally conductive adhesive which is necessarily different than the metal cooling fins.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pubs 2010/0104927 and 2010/0136396, both teach temperature-controlled battery cell modules with conductive and insulating portions.
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 Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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