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 .
Response to Amendment
Acknowledgment is made to applicant’s amendment of claim 16 and 18 filed on 07/09/2026. Claim 17 has been canceled. Accordingly, claims 16, 18-30 remain pending and are claims addressed and examined below.
Response to Arguments
Applicant’s argument regarding the prior art not disclosing a rigidity curve, dual regime and thermal connection is not persuasive. The prior art establishes a relationship between these properties of fibers, making this result effective variable recognized by the prior art and thus obvious to experiment with to attain a rigidity curve.
Applicant’s argument that Oikawa would not be combinable with Stude (pages 10-11), filed 07/09/2026, with respect to the rejection(s) of claim(s) 17 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Aota (US-20210351453-A1).
Claim Rejections - 35 USC § 112
4. 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 25 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.
With regards to claim 25, the claim recites “…the third insulation body…”. There is insufficient antecedent basis for this limitation in the claim. It is unclear what the third insulation body refers to as the claim is dependent on claim 19 which does not discuss a third insulation body.
For the purposes of examination, the claim will be interpreted as reciting that “…a third insulation body…”.
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, 18-20, and 23-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aota (US-20210351453-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), Korhan et al. (03/05/2020) and Stude et al. (US-20210074960-A1).
With regards to claim 16, Aota teaches a cell assembly for an electrochemical energy storage device (battery) (¶ 0002), the cell assembly including: two cells for electrochemically storing electrical energy (battery cells); a heat insulating sheet disposed between the battery cells (¶ 0002). Aota teaches that the heat insulating sheet includes a fiber sheet with silica xerogel held in the spaces of the fiber sheet (¶ 0005). Aota teaches that the heat insulating sheet enhances the reliability against a swell of the battery due to an increase in pressure inside the cell (¶ 0006). This reads on the insulating sheet being configured to absorb a pressure exerted by the lateral surfaces of the two cells on lateral surfaces of the insulation body. Aota goes on to teach that the insulating sheet comprises a first region (region 2) and second region (region 3) surrounded by the first region (¶ 0005 and Fig. 2). This first region reads on a first insulation body for thermally insulating the two cells from one another, the first insulation body being arranged in an intermediate space between the cells delimited by one lateral surface of each of the two cells and 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 body. In ¶ 0017, Aota teaches that the first insulation body (region 2) comprises a fiber and an aerogel and exhibits a compression rate in response to applied pressure, indicating that it is a compressible fiber. This reads on the first insulation body comprising a first thermally insulating and compressible fiber
PNG
media_image1.png
749
1195
media_image1.png
Greyscale
material. Fig. 2 is shown below.
Aota teaches that the first region (region 2) has a different density as another region (region 3) included in the heat insulating sheet (¶ 0017). According to Aota, these different densities allow the first region (region 2) to exhibit different compression rates when subjected to the same pressure of 1MPa (¶ 0017). This reads on the specific compression value corresponding to a pressure on the opposing lateral surfaces of the first insulation body along the compression direction of at least 1 MPa. Aota teaches that these different densities may gradually change and allow the heat-insulating sheet to follow the swelling surfaces of the battery cells, providing advantageous effects on the thermal characteristics and compression strength of heat-insulating sheet (¶ 0023). In Fig. 3 below, Aota shows the relationship between a density and a compression rate of the heat-insulating sheet.
PNG
media_image2.png
538
1219
media_image2.png
Greyscale
However, Aota 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, 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.
PNG
media_image3.png
348
561
media_image3.png
Greyscale
In a similar field of endeavor, Gnanauthayan teaches the heat insulation characteristic of multilayered fibers (page 1). 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.
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). Bao establishes a relationship between compression, rigidity and density of fibers.
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). Korhan establishes a relationship between temperature and compression of fibers.
The prior art demonstrates a relation between compression, rigidity , density and thermal insulation. Aota also specifically teaches a benefit to forming an insulation sheet with varying densities and compression rates. 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 material, 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.
In ¶ 0025, Aota teaches that the heat insulating sheet prevents heat conduction which indicates that is has a low heat conductivity. However, Aota does not teach that 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 m -K/W along the compression direction.
In a similar field of endeavor, Stude teaches a cell assembly for a battery (¶ 0003). Stude teaches a first insulation body (first layer) between cells for thermally insulating the two cells from one another (¶ 0041). 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).
Since Aota teaches a low heat conductivity but is silent on the specific heat conductivity of the heat insulating sheet, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to further modify the first insulation body (region 2) taught by modified Aota to have a thermal conductivity of less than 0.1W/mK as taught by Stude as there are no unpredictable results. Through this modification, the first insulation body taught by modified Aota will have a thermal conductivity of less than 0.1 W/mK, which indicates that the inverse or the heat resistance is more than 10 mK/W. The heat resistance of more than 10 mK/W falls within the claimed range of at least 5 mK/W. Thus, modified Aota renders obvious 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 m-K/W along the compression direction. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 18, Aota 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 19, as discussed earlier, Aota teaches that the insulating sheet comprises the first insulation body (region 2) and another region (region 3) (¶ 0017 and Fig. 8). This other region reads on a second insulation body for thermally insulating the two cells (Fig. 2). Since the second insulation body (region 3) is included in the heat insulating sheet taught by Aota, the second insulation body is also arranged in the intermediate space and being configured to absorb the pressure exerted by the lateral surface of the two cells on lateral surfaces of the second insulation body respectively opposite thereto, the compression being along the compression direction. Similar to the first insulation body (region 2), Aota teaches that the second insulation body (region 3) is formed of fiber and aerogel but with a higher density that the first insulation body (region 2). In ¶ 0017, Aota teaches that the second insulation body (region 3) exhibits a compression rate in response to applied pressure, indicating that it comprises compressible material. This reads on the second insulation body (region 3) including: a second thermally insulating and compressible material. Fig. 2 is shown
PNG
media_image4.png
749
1195
media_image4.png
Greyscale
below.
As discussed earlier, Aota teaches that region 2 has a different density as region 3 which allows the different regions to exhibit different compression rates when subjected to the same pressure (¶ 0017). These different densities along with different compression rates may gradually change and allow the heat-insulating sheet to follow the swelling surfaces of the battery cells, providing advantageous effects on the thermal characteristics and compression strength of heat-insulating sheet (¶ 0023). In Fig. 3 below, Aota shows the relationship between a density and a compression rate of the heat-insulating sheet.
PNG
media_image2.png
538
1219
media_image2.png
Greyscale
However, Aota does not 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, 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.
PNG
media_image3.png
348
561
media_image3.png
Greyscale
As discussed earlier, Gnanauthayan teaches the heat insulation characteristic of multilayered fibers (page 1). 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.
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). Bao establishes a relationship between compression, rigidity and density of fibers.
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). Korhan establishes a relationship between temperature and compression of fibers.
The prior art demonstrates a relation between compression, rigidity, density and thermal insulation. Aota also specifically teaches a benefit to forming an insulation sheet with varying densities and compression rates. 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 material, 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.
In ¶ 0025, Aota teaches that the heat insulating sheet prevents heat conduction which indicates that is has a low heat conductivity. However, Aota does not specifically teach that 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 m - K/W.
In a similar field of endeavor, Stude teaches a cell assembly for a battery (¶ 0003). Stude teaches a first insulation body (first layer) between cells for thermally insulating the two cells from one another (¶ 0041). 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).
Since Aota teaches a low heat conductivity but is silent on the specific heat conductivity of the heat insulating sheet, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to further modify the second insulation body (region 3) taught by modified Aota to have a thermal conductivity of less than 0.1W/mK as taught by Stude as there are no unpredictable results. Through this modification, the first insulation body taught by modified Aota will have a thermal conductivity of less than 0.1 W/mK, which indicates that the inverse or the heat resistance is more than 10 mK/W. The heat resistance of more than 10 mK/W falls within the claimed range of at least 5 mK/W. Thus, modified Aota renders obvious the compression value within the fourth compression value section corresponding to a thickness of the second insulation body along the compression direction at which the insulation body along the compression direction having a specific heat resistance of at least 5 m - K/W. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 20, in Figs. 1 and 2, the second insulation body (region 3) is disposed in the middle of the first insulation body (region 2). This reads on the second insulation body 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. Fig. 1 is shown below, see Fig. 2 above.
PNG
media_image5.png
745
1047
media_image5.png
Greyscale
With regards to claim 23, Aota, teaches that the different densities of the insulating sheet allow for the different regions to exhibit different compression rates when subjected to a pressure of 1MPa (¶ 0017). This reads on the specific compression value corresponding to a pressure on the opposing lateral surfaces of the first insulation body along the compression direction of at least 1 MPa or the specific compression value within the sixth compression value section corresponds to a pressure on the opposing lateral surfaces of the third insulation body along the compression direction of at least 1 MPa.
With regards to claim 24, Aota teaches that the first insulation body comprises a compressible fiber (¶ 0017). Modified Aota does not specifically teach that the first insulation body is elastically deformable along the compression direction over an entirety of the first compression value section.
In a similar field of endeavor, Stude teaches a cell assembly for a battery (¶ 0003). Stude teaches a first insulation body (first layer) between cells for thermally insulating the two cells from one another (¶ 0041). Stude teaches a multilayered heat insulation element that includes a fiber layer (¶ 0013 - ¶ 0014). Stude also teaches that the heat insulation element is compressible and elastic (¶ 0020). Stude teaches that this allows for the heat insulation element to be more resistant to destruction caused by the expansion of the battery and/or loss of its heat insulation function (¶ 0020). This insulation element reads on an insulation body that is elastically deformable along a compression direction over an entirety of a first compression value section.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to further modify the first insulation body (region 2) taught by modified Aota to be elastically deformable as this would predictably allow the first insulation body to be more resistant to destruction caused by the expansion of the battery.
With regards to claim 25, Aota teaches that the insulating sheet comprises the first insulation body (region 2) and second insulation body (region 3) which comprise a compressible fiber (¶ 0017). In ¶ 0028, Aota teaches that the insulating sheet may further include plural three-dimensional bodies constituting the second insulation body (regions 3). Since these additional bodies are included outside of the second insulation body shown in Fig. 8, any one of the additional plural three-dimensional bodies reads on a third insulation body. Modified Aota does not specifically teach that the second insulation body is elastically deformable along the compression direction over an entirety of the third compression value section; or that the third insulation body is elastically deformable along the compression direction over an entirety of the fifth compression value section.
In a similar field of endeavor, Stude teaches a cell assembly for a battery (¶ 0003). Stude teaches a first insulation body (first layer) between cells for thermally insulating the two cells from one another (¶ 0041). Stude teaches a multilayered heat insulation element that includes a fiber layer (¶ 0013 - ¶ 0014). Stude also teaches that the heat insulation element is compressible and elastic (¶ 0020). Stude teaches that this allows for the heat insulation element to be more resistant to destruction caused by the expansion of the battery and/or loss of its heat insulation function (¶ 0020). This insulation element reads on an insulation body that is elastically deformable along a compression direction over an entirety of a first compression value section.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to further modify the second and third insulation bodies (region 3) taught by modified Aota to be elastically deformable as this would predictably allow the second and third insulation body to be more resistant to destruction caused by the expansion of the battery. Through this modification, modified Aota renders obvious 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 26, Aota teaches that the first insulation body (region 2) includes a fiber with aerogel held in of the fiber sheet (¶ 0017). This reads on the first insulation body including a first thermally insulating filler located in interstices between fibers of the first fiber material.
With regards to claim 27, Aota teaches a heat insulating sheet disposed between battery cells comprising the first insulation body (region 2) and the second insulation body (region 3) (¶ 0025). Aota teaches that the insulation sheet comprises a fiber material and silica aerogel (¶ 0005). However, Aota does not specifically teach an insulation film arranged at least in sections between the two cells for electrical insulation of the two cells.
Stude teaches a heat-resistant cover layer that is arranged on the outside of the heat insulation element (¶ 0025). As discussed earlier, Stude teaches that the heat insulation element is placed between two adjacent battery cells to thermally insulate them from each other (¶ 0041 and Fig. 3). In ¶ 0100, Stude teaches the cover layer may have a dielectric strength of 20 kV/mm to 70 kV/mm which indicates that the cover layer is electrically insulating. 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.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the insulating sheet taught by modified Aota to include an insulation film (cover layer) as taught by Stude as this would predictably allow for thermal insulation between the cells while electrically insulating the cells with no unpredictable results. Through this modification, modified Aota teaches the cell assembly according to claim 16, further comprising: an insulation film arranged at least in sections between the two cells for electrical insulation of the two cells.
With regards to claim 28, modified Aota teaches the insulation film. Aota does not specifically teach that the insulation film encloses the insulation body or bodies arranged between the two cells on all sides with an exception of one or more ventilation holes provided in the insulation film.
PNG
media_image6.png
424
1021
media_image6.png
Greyscale
However, 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). In ¶ 0050, Stude teaches that the cover layers offer high mechanical stability. 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 to reduce the risk of the battery exploding (¶ 0049). This reads on the insulation film including one or more ventilation holes. 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 modify the insulation body ( insulating sheet) taught by modified Aota to further include the insulation film (cover layer) to enclose the insulation body and to use woven fabric as the cover layer as taught by Stude. This would predictably increase the mechanical strength of the insulation body while reducing the risk of the battery exploding.
PNG
media_image7.png
395
798
media_image7.png
Greyscale
With regards to claim 29, in ¶ 0025 and Fig. 6, Aota teaches a secondary battery a plurality of cells fixed in a case which reads on a cell module including the cell assembly according to claim 16. As shown in Fig. 6 below, the individual cells are fixed relative to one another.
With regards to claim 30, Aota teaches the cell module of claim 29 (¶ 0025). Aota does not specifically teach a plurality of ell modules however, it would have been obvious to one of ordinary skill in the art to combine a plurality of the cell modules taught by modified Aota to form a high-voltage storage device as there are no unpredictable results. This modification will read which reads on a high-voltage storage device comprising a plurality of cell modules including at least one cell module according to claim 29.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
PNG
media_image8.png
646
1023
media_image8.png
Greyscale
With regards to claim 21, in Fig. 8 and ¶ 0028, Aota teaches that the insulating sheet may further include plural three-dimensional bodies constituting the second insulation body (regions 3). Since these additional bodies are included outside of the second insulation body shown in Fig. 8, any one of the additional plural three-dimensional bodies reads on a third insulation body for thermally insulating the two cells, the third insulation body also being arranged in the intermediate space and being configured to absorb the pressure exerted by the lateral surface of the two cells on lateral surfaces of the third insulation body respectively opposite thereto, the compression being along the compression direction. As discussed earlier the third insulation body and the second insulation body are formed identically (¶ 0028), thus, the third insulation body is also formed of fiber and aerogel with a higher density that the first insulation body (region 2) that exhibits a compression rate in response to applied pressure. This reads on the third insulation body including a third thermally insulating and compressible material. See Fig. 8 below.
PNG
media_image2.png
538
1219
media_image2.png
Greyscale
As mentioned above, Aota teaches forming the different regions to have different densities along with different compression rates that may gradually change and allow the heat-insulating sheet to follow the swelling surfaces of the battery cells, providing advantageous effects on the thermal characteristics and compression strength of heat-insulating sheet (¶ 0023). In Fig. 3 below, Aota shows the relationship between a density and a compression rate of the heat-insulating sheet.
However, Aota does not 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.
PNG
media_image3.png
348
561
media_image3.png
Greyscale
As mentioned earlier, Gnanauthayan teaches the heat insulation characteristic of multilayered fibers (page 1). 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.
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). Bao establishes a relationship between compression, rigidity and density of fibers.
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). Korhan establishes a relationship between temperature and compression of fibers.
The prior art demonstrates a relation between compression, rigidity, density and thermal insulation. Aota also specifically teaches a benefit to forming an insulation sheet with varying densities and compression rates. 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 material, 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.
In ¶ 0025, Aota teaches that the heat insulating sheet prevents heat conduction which indicates that is has a low heat conductivity. However, Aota does not specifically teach that 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 along the compression direction has a specific heat resistance of at least 5 m - K/W along the compression direction.
In a similar field of endeavor, Stude teaches a cell assembly for a battery (¶ 0003). Stude teaches a first insulation body (first layer) between cells for thermally insulating the two cells from one another (¶ 0041). 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).
Since Aota teaches a low heat conductivity but is silent on the specific heat conductivity of the heat insulating sheet, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to further modify the third insulation body (region 3) taught by modified Aota to have a thermal conductivity of less than 0.1W/mK as taught by Stude as there are no unpredictable results. Through this modification, the first insulation body taught by modified Aota will have a thermal conductivity of less than 0.1 W/mK, which indicates that the inverse or the heat resistance is more than 10 mK/W. The heat resistance of more than 10 mK/W falls within the claimed range of at least 5 mK/W. Thus, modified Aota renders obvious the specific compression value within the sixth compression value section corresponding to a thickness of the second insulation body along the compression direction at which the insulation body along the compression direction having a specific heat resistance of at least 5 m - K/W. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As shown in Fig. 8 above, Aota teaches that the first insulation body (region 2) surrounds the second and third insulation bodies (region 3). Modified Aota does not teach that the second insulation body, 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. In ¶ 0028, Aota teaches that at least one of regions 3 includes the geometric center of gravity of the sheet surface. Aota explains that the central portion of battery cell swelling is located at a central portion of the surface of the sheet contacting the cell and since region 3 has a large compression strength, when included the geometric center of gravity of the sheet surface, it reduces the influence of swelling of battery cell (¶ 0028). Thus, it would not have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify or substitute the insulation sheet taught by Aota to include the second insulation body, first insulation body, and the third insulation body, in this sequence, arranged in a form of a stack on one another.
Claim 21 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNSUYADOR YUSIF whose telephone number is (571)272-4531. The examiner can normally be reached 7 am - 5 pm (M-R).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen H Hauth can be reached at (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
Prosecution Insights