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.
Claim(s) 16, 19-22, 24-25, and 27-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stude et al. (US 20210074960 A1) in view of Gnanauthayan et al.(Heat insulation characteristics of multi-layer nonwovens, 2018), Bao et. al (Development of a high-density nonwoven structure, 2017) and Korhan et al. (03/05/2020).
With regards to claim 16, Stude teaches a cell assembly for an electrochemical energy storage device (battery) (¶ 0003 and Fig. 3). Stude teaches the cell assembly including: two cells for electrochemically storing electrical energy (Fig. 3); and a first insulation body (first layer, Fig. 1A) for thermally insulating the two cells from one another (¶ 0041 and Fig. 3), the first insulation body being arranged in an intermediate space between the cells delimited by one lateral surface of each of the two cells (Fig. 3). Stude teaches that the heat insulation element is capable of absorbing pressure generated in the battery (¶ 0014). In ¶ 0118, Stude also teaches that the heat insulation element is compressible and absorbs any shocks and/or vibrations. As the insulation element is disposed between the walls of two cells, it reads on the insulation body being configured to absorb a pressure exerted by the lateral surfaces of the two cells on lateral surfaces of the first insulation body respectively opposite thereto a compression being along a compression direction. The compression direction is interpreted as any direction in which the cell walls expand to compress the insulation member. Stude teaches a multilayered heat insulation element that includes a fiber layer (¶ 0013 - ¶ 0014). Stude also teaches that the heat insulation element is compressible (¶ 0020). This heat insulation element reads on the first insulation body comprising: a first thermally insulating and compressible fiber material. Stude teaches that the thermal conductivity of the heat insulation element is less than 0.1 W/mK (¶ 0038), which indicates that the inverse or the heat resistance is more than 10 mK/W.
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Fig. 1A and 3 are shown below.
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Stude does not specifically teach a rigidity as a function of the compression having a value curve including a first compression value section and a second compression value section adjoining the first compression value section, wherein a slope of the rigidity as a function of the compression in the second compression value section is higher than a maximum slope of the rigidity as a function of the compression in the first compression value section. However, the rigidity at a specific compression value within the second compression value section has a value at least two times as high as a maximum rigidity in the first compression value section, and the specific compression value corresponds to a thickness of the first insulation body along the compression direction at which the insulation body has a specific heat resistance of at least 5 mK/W along the compression direction.
Similar to Stude, Gnanauthayan teaches the heat insulation characteristic of multilayered fibers (page 1). Stude teaches that the use of needled or bonded nonwoven in the fiber layer significantly increases the mechanical resistance (¶ 0014). Stude also teaches that the material is pressure-elastic which allows for the absorption of high-pressure forces. Under high pressure forces or high load, the thickness of the fiber layer reduces and in turn, the density of the material increases. In Fig. 3, Gnanauthayan discloses the compression and recovery curves of a typical high bulk nonwoven (page 5-6). Gnanauthayan shows a non-linear relationship between the thickness and density of nonwovens as a result of an applied load. Fig. 3 is shown below.
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Bao discusses the development of a high-density nonwoven structure (page 1). According to Bao, the density of nonwovens is low and may be increased when pressed (page 3). Bao also teaches that the rigidity of nonwovens increases with density (page 1). Stude teaches that the fiber layer has a high thermal insulation capacity, as the intertwined fibers efficiently reduce the passage of thermal energy through the fiber layer (¶ 0014). Thus, under the high-pressure conditions mentioned earlier, the intertwined fibers become more rigid and dense which reduces the passage of thermal energy through the fiber layer, increasing the thermal resistance of the material. Stude goes on to teach that this is advantageous as it may prevent a thermal runaway in the event of uncontrolled heat generation within the battery, significantly delaying the destruction of the battery (¶ 0014).
In a similar field of endeavor, Korhan discusses the mechanical behavior of nonwoven fabrics (page 1). Korhan suggests the research of fiber–fiber mechanical interaction under different loading schemes while considering environmental effects such as temperature on the mechanical performance of nonwovens (page 7).
Barring a showing of unexpected results, it would have been obvious to one of ordinary skill to perform routine experimentation on the initial thickness and density of the insulation knowing that it is a result effective variable determining the resulting rigidity and thermal conductivity of the insulation under load to arrive at the claimed invention. See MPEP 2144.05.II.
With regards to claim 19, as discussed earlier, Stude teaches a multilayered heat insulation element that includes a first layer that reads on a first insulation body. Stude also teaches a second insulation body (second layer, Fig. 1A) for thermally insulating the two cells (¶ 0041 and Fig. 3), the second insulation body being arranged in an intermediate space between the cells delimited by one lateral surface of each of the two cells (Fig. 3). Stude teaches that the heat insulation element is capable of absorbing pressure generated in the battery (¶ 0014). In ¶ 0118, Stude also teaches that the heat insulation element is compressible and absorbs any shocks and/or vibrations. As the insulation element is disposed between the walls of two cells, it reads on the insulation body being configured to absorb a pressure exerted by the lateral surfaces of the two cells on lateral surfaces of the first insulation body respectively opposite thereto a compression being along a compression direction. The compression direction is interpreted as any direction in which the cell walls expand to compress the insulation member. Stude teaches that the second layer of the multilayered heat insulation element includes a fiber layer (¶ 0013 - ¶ 0014). Stude also teaches that the heat insulation element is compressible (¶ 0020). This heat insulation element reads on the second insulation body comprising: a second thermally insulating and compressible material. Additionally, Stude teaches that the thermal conductivity of the heat insulation element is less than 0.1 W/mK (¶ 0038), which indicates that
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the inverse or the heat resistance is more than 10 mK/W. Fig. 1A is shown below.
Stude does not specifically teach a rigidity as a function of the compression having a value curve including a third compression value section and a fourth compression value section adjoining thereon, wherein a slope of the rigidity as a function of the compression in the fourth compression value section is higher than a maximum slope of the rigidity as a function of the compression in the third compression value section, the rigidity at a specific compression value within the fourth compression value section has a value at least two times higher than a maximum rigidity in the third compression value section, the compression value within the fourth compression value section corresponds to a thickness of the second insulation body along the compression direction at which the insulation body along the compression direction has a specific heat resistance of at least 5 mK/W, and the rigidity of the second insulation body in the third compression value section is greater than the maximum rigidity of the first insulation body in the first compression value section.
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As discussed earlier, Gnanauthayan teaches the heat insulation characteristic of multilayered nonwoven fibers (page 1). Stude teaches that the use of needled or bonded nonwoven in the fiber layer significantly increases the mechanical resistance (¶ 0014). Stude also teaches that the material is pressure-elastic which allows for the absorption of high-pressure forces. Under high pressure forces or high load, the thickness of the fiber layer reduces and in turn, the density of the material increases. In Fig. 3, Gnanauthayan discloses the compression and recovery curves of a typical high bulk nonwoven (page 5-6). Gnanauthayan shows a non-linear relationship between the thickness and density of nonwovens as a result of an applied load. Fig. 3 is shown below.
Stude teaches that the fiber layer has a high thermal insulation capacity, as the intertwined fibers efficiently reduce the passage of thermal energy through the fiber layer (¶ 0014). According to Bao, the density of nonwovens is low and may be increased when pressed (page 3). Bao also teaches that the rigidity of nonwovens increases with density (page 1). Thus, under the high-pressure conditions mentioned earlier, the intertwined fibers become more rigid and dense which reduces the passage of thermal energy through the fiber layer, increasing the thermal resistance of the material. Stude goes on to teach that this is advantageous as it may prevent a thermal runaway in the event of uncontrolled heat generation within the battery, significantly delaying the destruction of the battery (¶ 0014).
In a similar field of endeavor, Korhan discusses the mechanical behavior of nonwoven fabrics (page 1). Korhan suggests the research of fiber–fiber mechanical interaction under different loading schemes while considering environmental effects such as temperature on the mechanical performance of nonwovens (page 7).
Barring a showing of unexpected results, it would have been obvious to one of ordinary skill to perform routine experimentation on the initial thickness and density of the insulation knowing that it is a result effective variable determining the resulting rigidity and thermal conductivity of the insulation under load.
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With regards to claim 20, in Fig. 1A, the second insulation body is shown as a second layer disposed on top of the first insulation body (first layer). As this second layer extends over the first layer, it reads on enclosing at least one surface section of the first insulation body, at least in sections, which is not opposite to the lateral surface of one of the two cells in Fig. 1A. Fig. 1A is shown below.
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With regards to claim 21, Stude teaches a multilayered heat insulation element that includes a first layer and second layer that read on the first and second insulation body. Stude does not specifically teach a third insulation body. However, in ¶ 0102 and Fig. 1A, Stude teaches that an adhesive layer is applied to the surface of the insulation element to possibly attach another heat insulation element. Stude teaches that the heat insulation element enables effective heat insulation between the batteries by delaying or containing a transfer of heat or thermal runaway of one battery to adjacent batteries (¶ 0052). Fig. 1A is shown below.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to attach another insulation element on the multilayered insulation element taught by Stude as this may further delay or contain the transfer of heat from one battery to the other.
The additional insulation element taught by modified Stude will provide a third layer that reads on the third insulation body. As this third layer is included in the multilayered heat insulation element, the third insulation body will also be arranged in an intermediate space between the cells delimited by one lateral surface of each of the two cells as shown in Fig. 3. As discussed earlier, Stude teaches that the heat insulation element is capable of absorbing pressure generated in the battery (¶ 0014). In ¶ 0118, Stude also teaches that the heat insulation element is compressible and absorbs any shocks and/or vibrations. As the insulation element is disposed between the walls of two cells, it reads on the insulation body being configured to absorb a pressure exerted by the lateral surfaces of the two cells on lateral surfaces of the first insulation body respectively opposite thereto a compression being along a compression direction. The compression direction is interpreted as any direction in which the cell walls expand to compress the insulation member. Modified Stude teaches that the additional insulation element may be similar to the first insulation element (¶ 0102 and ¶ 0107), thus, the third layer may be formed identical to the first and second layers, which comprise of a fiber layer (¶ 0013 - ¶ 0014). Stude also teaches that the material is compressible (¶ 0020). This third layer reads on the third insulation body comprising: a third thermally insulating and compressible material. Additionally, Stude teaches that the thermal conductivity of the heat insulation element is less than 0.1 W/mK (¶ 0038), which indicates that the inverse or the heat resistance is more than 10 mK/W. Modified Stude teaches that the second insulation body, the first insulation body, and the third insulation body, in this sequence, are arranged in a form of a stack on one another along a direction parallel to at least one of the lateral surfaces of the two cells delimiting the intermediate space (modified Fig. 1A). Modified
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Fig. 1A is shown below.
Stude does not specifically teach a rigidity as a function of the compression having a value curve including a fifth compression value section and a sixth compression value section adjoining thereon, wherein a slope of the rigidity as a function of the compression in the sixth compression value section is always higher than a maximum slope of the rigidity as a function of the compression in the fifth compression value section, the rigidity at a specific compression value within the sixth compression value section has a value at least twice as high as a maximum rigidity in the fifth compression value section, the specific compression value within the sixth compression value section corresponds to a thickness of the second insulation body along the compression direction at which the insulation body has a specific heat resistance of at least 5 mK/W along the compression direction, the rigidity of the third insulation body in the fifth compression value section is always greater than the maximum rigidity of the first insulation body in the first compression value section, and the second insulation body, the first insulation body.
As mentioned earlier, Gnanauthayan teaches the heat insulation characteristic of multilayered fibers (page 1). Stude teaches that the use of needled or bonded nonwoven in the fiber layer significantly increases the mechanical resistance (¶ 0014). Stude also teaches that the material is pressure-elastic which allows for the absorption of high-pressure forces. Under high pressure forces or high load, the thickness of the fiber layer reduces and in turn, the density of the material increases. In Fig. 3, Gnanauthayan discloses the compression and recovery curves of a typical high bulk nonwoven (page 5-6). Gnanauthayan shows a non-linear relationship between the thickness and density of nonwovens as a result of an applied load. Fig. 3 is shown below.
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Stude teaches that the fiber layer has a high thermal insulation capacity, as the intertwined fibers efficiently reduce the passage of thermal energy through the fiber layer (¶ 0014). According to Bao, the density of nonwovens is low and may be increased when pressed (page 3). Bao also teaches that the rigidity of nonwovens increases with density (page 1). Thus, under the high-pressure conditions mentioned earlier, the intertwined fibers become more rigid and dense which reduces the passage of thermal energy through the fiber layer, increasing the thermal resistance of the material. Stude goes on to teach that this is advantageous as it may prevent a thermal runaway in the event of uncontrolled heat generation within the battery, significantly delaying the destruction of the battery (¶ 0014).
In a similar field of endeavor, Korhan discusses the mechanical behavior of nonwoven fabrics (page 1). Korhan suggests the research of fiber–fiber mechanical interaction under different loading schemes while considering environmental effects such as temperature on the mechanical performance of nonwovens (page 7).
Barring a showing of unexpected results, it would have been obvious to one of ordinary skill to perform routine experimentation on the initial thickness and density of the insulation knowing that it is a result effective variable determining the resulting rigidity and thermal conductivity of the insulation under load.
With regards to claim 22, as discussed earlier, modified Stude teaches an additional insulation element that adds a third layer to the first and second layers that make up the multilayered insulation element (modified Fig. 1A and ¶ 0102). In ¶ 0102, Stude teaches that the insulation element may be identical to the first insulation element. In this case, the second and third layer, which read on the second and third insulation body, are formed identically.
With regards to claim 24, Stude teaches that the fiber layer that makes up the first insulation body, is stretchable and pressure-elastic which enables the absorption of high-pressure force (¶ 0014). This reads on the first insulation body being elastically deformable along the compression direction over an entirety of the first compression value section.
With regards to claim 25, modified Stude teaches a second and third insulation body that may be identical (modified Fig. 1A and ¶ 0102). Stude teaches a fiber layer that makes up the second and third insulation body (¶ 0014). Stude teaches that the fiber layer is stretchable and pressure-elastic which enables the absorption of high-pressure force (¶ 0014). This reads on the second insulation body being elastically deformable along the compression direction over an entirety of the third compression value section; or wherein the third insulation body is elastically deformable along the compression direction over an entirety of the fifth compression value section.
With regards to claim 27, Stude teaches a heat-resistant cover layer that is arranged on the outside of the heat insulation element (¶ 0025). As discussed earlier, the heat insulation element is placed between two adjacent battery cells to thermally insulate them from each other (¶ 0041 and Fig. 3). As the cover layer is attached to the heat insulation element, the heat-resistant cover layer reads on the insulation film arranged at least in sections between the two cells for electrical insulation of the two cells.
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With regards to claim 28, Stude teaches two cover layers (Fig. 1A; items 2 and 3) that are arranged outside the heat insulation element (insulation body) (Fig. 1A and ¶ 0025). As mentioned earlier, Stude also teaches that the insulation body is arranged between two cells (¶ 0041 and Fig. 3). The cover layers read on the insulation film enclosing the insulation body or bodies arranged between the two cells on all sides. Stude goes on to teach that the cover layers may be formed of a woven fabric that allows gasses to escape through the cover layer (¶ 0049). This reads o the insulation film including one or more ventilation holes. Fig. 1A is shown below.
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With regards to claim 29, Stude teaches the cell assembly according to claim 16. Stude also teaches a cell module including the cell assembly wherein the individual cells are fixed relative to one another (¶ 0047 and Fig. 3). Fig. 3 is shown below.
With regards to claim 30, Stude teaches a battery pack and the cell module according to claim 29 (¶ 0047 and Fig. 3). This battery pack reads a high voltage storage device comprising a plurality of cell modules including at least one cell module according to claim 29.
Claim(s) 17-18 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stude et al. (US 20210074960 A1) in view of Gnanauthayan et al. (Heat insulation characteristics of multi-layer nonwovens, 2018), Bao et. al (Development of a high-density nonwoven structure, 2017) and Korhan et al. (03/05/2020), as applied to claim 16 above, and further in view of Oikawa et al. (US 20200378058 A1).
With regards to claim 17, Stude teaches that the insulation material is able to adapt in case of high loads (¶ 0020), however, Stude does not teach the exact value of this load.
In a similar field of endeavor, Oikawa teaches a heat insulating sheet disposed between batteries and can be used under a high load (¶ 0013 and ¶ 0017). Oikawa teaches that this insulating sheet includes a nonwoven fiber filled with an aerogel and has a compression rate at 0.30 MPa to 5.0 MPa is 40% or less (¶ 0014 - ¶ 0015). This reads on a pressure on the opposing lateral surfaces of the first insulation body along the compression direction of at least 1 MPa. Oikawa discloses that the insulating sheet has high strength against the compression (¶ 0031).
As Stude also teaches a nonwoven fiber that can withstand high loads as the insulating material, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to use a nonwoven fiber that can withstand a pressure of 0.30MPa to 5 Mpa, as taught by Oikawa, in the multilayered insulating film taught by Stude. This would predictably yield an insulating body with high strength against high loads.
With regards to claim 18, Stude does not specifically teach that the specific compression value corresponds to a compressed thickness of the first insulation body along the compression direction of at least 0.3 mm. However, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to form the first insulation body to have a compressed thickness of at least 0.3 mm as mere changes in size or relative dimension present a case of prima facie obviousness. See MPEP 2144.04.IV.A.
With regards to claim 26, Stude teaches that the first insulation body is formed of a nonwoven fiber. However, Stude does not teach that the first insulation body includes a first thermally insulating filler located in interstices between fibers of the first fiber material.
As discussed earlier, Oikawa teaches a heat insulating sheet disposed between batteries and can be used under a high load (¶ 0013 and ¶ 0017). Oikawa teaches that this insulating sheet includes a nonwoven fiber filled with a silica aerogel (¶ 0014). Oikawa discloses that silica aerogel is an excellent heat insulating material with extremely low strength under compression (¶ 0009). Oikawa goes on to teach that filling the gaps of the nonwoven fiber with the aerogel increases the strength of the heat insulating sheet (¶ 0031).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to include a filler such as silica aerogel as taught by Oikawa in the nonwoven fiber taught by Stude as this would predictably yield an insulation body with excellent heat insulating capabilities as well as strength.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stude et al. (US 20210074960 A1) in view of Gnanauthayan et al. (Heat insulation characteristics of multi-layer nonwovens, 2018), Bao et. al (Development of a high-density nonwoven structure, 2017) and Korhan et al. (03/05/2020), as applied to claim 19 above, and further in view of Oikawa et al. (US 20200378058 A1).
With regards to claim 23, modified Stude teaches an additional insulation element that includes a third layer in addition to the first and second layers that make up the multilayered insulation element (modified Fig. 1A and ¶ 102). In ¶ 0102, Stude teaches that the additional insulation element (1) may be identical to the first insulation element (1). Stude teaches that the insulation material is able to adapt in case of high loads (¶ 0020), however, Stude does not teach the specific value of this load.
In a similar field of endeavor, Oikawa teaches a heat insulating sheet disposed between batteries and can be used under a high load (¶ 0013 and ¶ 0017). Oikawa teaches that his insulating sheet includes a nonwoven fiber filled with an aerogel and has a compression rate at 0.30 MPa to 5.0 MPa is 40% or less (¶ 0014 - ¶ 0015). This reads on a pressure on the opposing lateral surfaces of the second insulation body along the compression direction of at least 1 Mpa; or a pressure on the opposing lateral surfaces of the third insulation body along the compression direction of at least 1Mpa. Oikawa discloses that the insulating sheet has high strength against the compression (¶ 0031).
As Stude also teaches a nonwoven fiber that can withstand high loads as the insulating material, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to use a nonwoven fiber that can withstand a pressure of 0.30MPa to 5 Mpa, as taught by Oikawa, in the multilayered insulating film taught by modified Stude. This would predictably yield an insulating body with high strength against high loads.
Conclusion
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/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
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