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 § 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.
Claim 3 is 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 3 recites “a third element thermally coupled to the second element and 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”. It is unclear whether the “third element” is intended to be “thermally coupled a second portion of the housing portion covering another portion of each of battery cells”. Based in the instant specification (paragraph [0035]) these elements appear to be thermally coupled. The claim should be amended to recite “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”
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.
Claims 1-5 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 (via gap 31) (paragraphs [0052-0060], figure 4 annotated below).
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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 3, comprising a third element (bent portion 21a) thermally coupled to the second element 21 and 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 (aluminum) (paragraph [0053]).
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).
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 newly cited, both teach temperature-controlled battery cell modules with conductive and insulating portions.
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