DETAILED ACTION
This is the final office action for 18/269,366, filed 6/23/2023, which is a national stage entry of PCT/IB2021/062271, filed 12/23/2021, which claims priority to provisional application 63/131,126, field 12/28/2020.
Claims 1-4, 6-7, and 9-22 are pending; Claims 1-4, 6-7, 9-17, and 21-22 are considered herein.
In light of the claim amendments filed 8/21/2026, the prior art rejections are withdrawn, and new grounds of rejection are presented herein.
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 .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following reference, which is not currently applied in a rejection.
U.S. Patent Application Publication 2019/0103640 A1: This reference teaches a battery module with a bus bar structure separated from a module lid by an insulator (Fig. 1).
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 recites “100?C to 300?C”. It is the Examiner’s position that this limitation should read “100°C to 300°C.” Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-7, and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wuensche, et al. (U.S. Patent Application Publication 2019/0326571 A1), in view of Ke (U.S. Patent Application Publication 2007/0148455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/0263336 A1).
In reference to Claim 1, Wuensche teaches a battery assembly (Figs. 3-4, paragraphs [0051]-[0065]).
The assembly of Wuensche comprises an electrically-conductive housing 200/210 (Fig. 3, paragraph [0014]).
This housing comprises a battery case 200 and a battery lid 210. Alternatively, item 210 can be construed as the case and item 200 can be construed as the lid.
The assembly of Wuensche comprises one or more battery modules 80 electrically coupled to a busbar 15, the one or more battery modules and busbar being inside the housing in a space enclosed by the battery case and the battery lid (Fig. 3, paragraph [0052]).
Fig. 3 teaches that the bus bar 15 is different from the battery lid.
The assembly of Wuensche comprises an insulator 240 disposed between the busbar 15 and the electrically-conductive housing 200/210 (i.e. between the bus bar and the bottom portion of the housing, Fig. 4, paragraphs [0059]-[0065]).
Wuensche is silent regarding the material of the insulator of his invention. Therefore, he does not teach that this insulator is the non-woven core layer of Claim 1.
To solve the same problem of providing an electrical insulator, Ke teaches that oxidized polyacrylonitrile fibers are excellent electrical insulators (paragraph [0009]).
To solve the same problem of providing an insulating material for use in a battery, Wu teaches a non-woven layer comprising 90 wt% oxidized polyacrylonitrile fibers (Example 1, paragraphs [0138]-[0140]). Wu further teaches that the insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the insulator material 240 of the battery system of Wuensche from the material of Wu, because (1) Ke teaches that oxidized polyacrylonitrile is a good electrical insulator, and (2) Wu teaches that the oxidized polyacrylonitrile insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Forming the insulator material 240 of Wuensche from the material of Wu teaches the limitations of Claim 1, wherein the battery comprises a non-woven core layer disposed between the busbar and electrically-conductive housing, wherein the non-woven core layer comprises a plurality of fibers, the plurality of fibers comprising 60-100 wt% (i.e. 90%) of oxidized polyacrylonitrile fibers.
In reference to Claim 4, modified Wuensche teaches that the insulator/ non- woven core layer 240 conforms to a curved surface along the electrically conductive housing (Figs. 5-6, paragraphs [0061]-[0063]).
Therefore, it is the Examiner’s position that modified Wuensche teaches the limitations of Claim 4, wherein the non- woven core layer compressibly conforms to a curved surface along the electrically-conductive housing.
In reference to Claim 6, Wu teaches that the TREVIRA T270 reinforcing fibers of the instant invention melt when placed in a 228-230 °C oven (paragraph [0139]).
Therefore, it is the Examiner’s position that the TREVIRA T270 in the composition of Example 1 of modified Wuensche teaches that the (Example 1, paragraphs [0138]-[0140]) meets the limitations of a “reinforcing fiber having an outer surface comprised of a polymer with a melting temperature of 100-300 °C.”
In reference to Claim 7, Wu teaches that the oxidized polyacrylonitrile fibers represent over 85 vol% of the plurality of fibers that are not reinforcing fibers (i.e. 100% of the fibers that are not reinforcing fibers, paragraph [0138]).
In reference to Claim 9, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers (paragraph [0138]).
In reference to Claim 10, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers and a median fiber length of 50 millimeters (paragraph [0138]).
This disclosure teaches the limitations of Claim 10, wherein the oxidized polyacrylonitrile fibers have a median fiber diameter of from 5 micrometers to 20 micrometers (i.e. 12 micrometers) and a median fiber length of from 25 millimeters to 75 millimeters (i.e. 50 mm).
In reference to Claim 11, Wu teaches that a 5.1 mm thick non-woven core is compressed to a thickness of 1.9 mm (i.e. a compression to 37% under ambient conditions) recovers to a thickness of 3.6 mm (i.e. 70%) after 5 minutes (paragraph [0140]).
Therefore, Wu teaches that the non- woven core layer recovers to at least 70% of its original thickness 5 minutes after being compressed to 37% of its original thickness at ambient conditions.
In reference to Claim 12, there is reasonable basis to conclude that the fibers in the material of modified Wuensche are randomly oriented, because they appear to be the same materials as those in the instant specification, and appear to have been processed in a manner either identical to or substantially similarly to the processing method of the instant invention (see paragraph [0126] of the instant specification).
In reference to Claim 13, Table 5 of Wu teaches that the non- woven core layer has a tensile strength of more than 28 kPa along any transverse direction (i.e. 324 kPa).
In reference to Claim 14, Table 3 of Wu teaches that the non- woven core layer passes the UL-94V0 flame test.
In reference to Claims 1-4, 6-7, 9-10 and 12-14, an alternate rejection is applied.
In reference to Claim 1, Wuensche teaches a battery assembly (Figs. 3-4, paragraphs [0051]-[0065]).
The assembly of Wuensche comprises an electrically-conductive housing 200/210 (Fig. 3, paragraph [0014]).
This housing comprises a battery case 200 and a battery lid 210. Alternatively, item 210 can be construed as the case and item 200 can be construed as the lid.
The assembly of Wuensche comprises one or more battery modules 80 electrically coupled to a busbar 15, the one or more battery modules and busbar being inside the housing in a space enclosed by the battery case and the battery lid (Fig. 3, paragraph [0052]).
Fig. 3 teaches that the bus bar 15 is different from the battery lid.
The assembly of Wuensche comprises an insulator 240 disposed between the busbar 15 and the electrically-conductive housing 200/210 (i.e. between the bus bar and the bottom portion of the housing, Fig. 4, paragraphs [0059]-[0065]).
Wuensche is silent regarding the material of the insulator of his invention. Therefore, he does not teach that this insulator is the non-woven core layer of Claim 1.
To solve the same problem of providing an electrical insulator, Ke teaches that oxidized polyacrylonitrile fibers are excellent electrical insulators (paragraph [0009]).
To solve the same problem of providing an insulating material for use in a battery, Wu teaches a non-woven layer comprising 80 wt% oxidized polyacrylonitrile fibers (Example 2, paragraphs [0138]-[0140] and [0142]). Wu further teaches that the insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the insulator material 240 of the battery system of Wuensche from the material of Wu, because (1) Ke teaches that oxidized polyacrylonitrile is a good electrical insulator, and (2) Wu teaches that the oxidized polyacrylonitrile insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Forming the insulator material 240 of the battery system of Wuensche from the material of Wu teaches the limitations of Claim 1, wherein the battery comprises a non-woven core layer disposed between the busbar and electrically-conductive housing, wherein the non-woven core layer comprises a plurality of fibers, the plurality of fibers comprising 60-100 wt% (i.e. 80%) of oxidized polyacrylonitrile fibers.
In reference to Claim 2, the non-woven core material of Example 2 of Wu appears to have the same composition as the non-woven core material of Example 1 of the instant specification (see paragraph [0126] of the instant specification).
Therefore, there is reasonable basis to conclude that the non-woven core layer of modified Wuensche/Wu exhibits a breakdown voltage of at least 0.9 kV at ambient conditions after exposure to 500°C for 5 minutes, because Table 1 of the instant specification teaches that a non-woven core material of this composition has this property.
In reference to Claim 3, the non-woven core material of Example 2 of Wu appears to have the same composition as the non-woven core material of Example 1 of the instant specification (see paragraph [0126] of the instant specification).
Therefore, there is reasonable basis to conclude that the non-woven core layer of modified Wuensche/Wu exhibits the thermal behavior of Claim 3, because Table 3 of the instant specification teaches that a non-woven core material of this composition has this property.
In reference to Claim 4, modified Wuensche teaches that the insulator/ non- woven core layer 240 conforms to a curved surface along the electrically conductive housing (Figs. 5-6, paragraphs [0061]-[0063]).
Therefore, it is the Examiner’s position that modified Wuensche teaches the limitations of Claim 4, wherein the non- woven core layer compressibly conforms to a curved surface along the electrically-conductive housing.
In reference to Claim 6, Wu teaches that the TREVIRA T270 reinforcing fibers of the instant invention melt when placed in a 228-230 °C oven (paragraph [0139]).
Therefore, it is the Examiner’s position that the TREVIRA T270 in the composition of Example 2 of modified Wuensche teaches that the (Example 1, paragraphs [0138]-[0140] and [0142]) meets the limitations of a “reinforcing fiber having an outer surface comprised of a polymer with a melting temperature of 100-300 °C.”
In reference to Claim 7, Wu teaches that the oxidized polyacrylonitrile fibers represent over 85 vol% of the plurality of fibers that are not reinforcing fibers (i.e. 100% of the fibers that are not reinforcing fibers, paragraphs [0142] and [0138]).
In reference to Claim 9, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers (paragraph [0138]).
In reference to Claim 10, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers and a median fiber length of 50 millimeters (paragraph [0138]).
This disclosure teaches the limitations of Claim 10, wherein the oxidized polyacrylonitrile fibers have a median fiber diameter of from 5 micrometers to 20 micrometers (i.e. 12 micrometers) and a median fiber length of from 25 millimeters to 75 millimeters (i.e. 50 mm).
In reference to Claim 12, there is reasonable basis to conclude that the fibers in the material of modified Wuensche are randomly oriented, because they appear to be the same materials as those in the instant specification, and appear to have been processed in a manner either identical to or substantially similarly to the processing method of the instant invention (see paragraph [0126] of the instant specification).
In reference to Claim 13, Table 5 of Wu teaches that the non- woven core layer of Example 2 has a tensile strength of more than 28 kPa along any transverse direction (i.e. 870.8 kPa).
In reference to Claim 14, Table 3 of Wu teaches that the non-woven core layer of Example 2 passes the UL-94V0 flame test.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wuensche, et al. (U.S. Patent Application Publication 2019/0326571 A1), in view of Ke (U.S. Patent Application Publication 2007/0178455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/0263336 A1), and further in view of Tompkins, et al. (U.S. Patent 6,670,291 B1).
In reference to Claim 15, modified Wuensche does not teach that the non-woven core layer comprises the scrim of Claims 15-16.
To solve the same problem of providing an insulating material comprising a non-woven (column 7, lines 15-16) layer of oxidized polyacrylonitrile (column 7, lines 19-42), Tompkins teaches that placing a polyester scrim layer on either side of a core layer provides the benefit of imparting tear resistance to the laminate (column 6, lines 38-45).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed a polyester scrim layer on either side of the non-woven core layer of modified Wuensche, to achieve the taught benefits of imparting tear resistance.
Forming a polyester scrim layer on either side of the non-woven core layer of modified Wuensche teaches the limitations of Claim 15, wherein the assembly comprises one or more scrims disposed on opposing major surfaces of the non-woven core layer, wherein a peripheral edge of the one or more scrims is edge sealed to substantially encapsulate the non- woven core layer within the one or more scrims.
This “seal” is shown as the extension of the outer scrim layers to the edge of the laminate in Fig. 2 of Tompkins.
Forming a polyester scrim layer on either side of the non-woven core layer of modified Wuensche teaches the limitations of Claim 16, wherein each scrim comprises flame-resistant polyester fibers.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wuensche, et al. (U.S. Patent Application Publication 2019/0326571 A1), in view of Ke (U.S. Patent Application Publication 2007/0178455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/263336 A1), and further in view of Meehan, et al. (U.S. Patent Application Publication 2011/0236732 A1).
In reference to Claim 17, modified Wuensche does not teach that at least some portion of the non-woven core layer is ultrasonically welded to facilitate bending of the non-woven core layer along a bent section of the busbar or electrically-conductive housing.
However, as described in the rejection of Claim 1 above, modified Wuensche teaches that the non-woven insulating layer of Wu is disposed at an angled bottom portion of the case 200 (Fig. 5).
To solve the same problem of providing a battery with sealed top and bottom portions, Meehan teaches that ultrasonic welding is a suitable method for sealing top and bottom portions of battery casing structures together (paragraph [0031]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the connection between layers 200 and 210 of the device of modified Wuensche (between which the insulating layer of modified Wuensche is disposed, as described above) by ultrasonic welding, based on the disclosure of Meehan.
Forming the connection between layers 200 and 210 of the device of modified Wuensche (between which the insulating layer of modified Wuensche is disposed, as described above) by ultrasonic welding teaches the limitations of Claim 17, wherein at least some portion of the non-woven core layer is ultrasonically welded to facilitate bending of the non-woven core layer along a bent section of the busbar or electrically-conductive housing.
Claims 1-4, 6-7, 9-14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Thrap, et al. (U.S. Patent Application Publication 2006/0203429 A1), in view of Ke (U.S. Patent Application Publication 2007/0148455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/0263336 A1).
In reference to Claim 1, Thrap teaches a battery assembly (Figs. 17 and 25, paragraphs [0117]-[0122] and [0148]-[0149]).
The assembly of Thrap comprises an electrically-conductive housing 1600 (Figs. 17 and 25, paragraphs [0117]-[0122] and [0138]). This housing is taught to be aluminum in paragraph [0138].
This housing comprises a battery case 1645A/1645B/1650A/1650B/1660A/1660B and a battery lid 1635 (Fig. 17, paragraphs [0018]-[0122]).
The assembly of Thrap comprises one or more battery modules 1405 electrically coupled to a busbar 1410 (Fig. 25, paragraph [0148]).
Fig. 17 teaches that one or more battery modules and busbar being inside the housing in a space enclosed by the battery case and the battery lid.
Figs. 17 and 25 teach that the bus bar 1410 is different from the battery lid 1635.
The assembly of Thrap comprises an insulator disposed between the busbar 1410 and the electrically-conductive housing (paragraph [0148]).
Thrap teaches that the insulator comprises a layer of electrically insulating and thermally conductive material attached to the bus bar with an adhesive (paragraph [0148]).
Thrap does not teach that this insulator is the non-woven core layer of Claim 1.
To solve the same problem of providing an electrical insulator, Ke teaches that oxidized polyacrylonitrile fibers are excellent electrical insulators (paragraph [0009]).
To solve the same problem of providing an insulating material for use in a battery, Wu teaches a non-woven layer comprising 90 wt% oxidized polyacrylonitrile fibers (Example 1, paragraphs [0138]-[0140]). Wu further teaches that the insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the insulator material of the battery system of Thrap from the material of Wu, because (1) Ke teaches that oxidized polyacrylonitrile is a good electrical insulator, and (2) Wu teaches that the oxidized polyacrylonitrile insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Forming the insulator material of Thrap from the material of Wu teaches the limitations of Claim 1, wherein the battery comprises a non-woven core layer disposed between the busbar and electrically-conductive housing, wherein the non-woven core layer comprises a plurality of fibers, the plurality of fibers comprising 60-100 wt% (i.e. 90%) of oxidized polyacrylonitrile fibers.
In reference to Claim 4, modified Thrap teaches that the insulator/non- woven core layer presses against its corresponding bus bar, and follows the shape of its corresponding bus bar (paragraph [0148]).
Fig. 25 teaches that each bus bar comprises a curved section where it connects to a battery terminal.
Therefore, it is the Examiner’s position that modified Thrap teaches the limitations of Claim 4, wherein the non- woven core layer compressibly conforms to a curved surface along the bus bar.
In reference to Claim 6, Wu teaches that the TREVIRA T270 reinforcing fibers of the instant invention melt when placed in a 228-230 °C oven (paragraph [0139]).
Therefore, it is the Examiner’s position that the TREVIRA T270 in the composition of Example 1 of modified Thrap teaches that the (Example 1, paragraphs [0138]-[0140]) meets the limitations of a “reinforcing fiber having an outer surface comprised of a polymer with a melting temperature of 100-300 °C.”
In reference to Claim 7, Wu teaches that the oxidized polyacrylonitrile fibers represent over 85 vol% of the plurality of fibers that are not reinforcing fibers (i.e. 100% of the fibers that are not reinforcing fibers, paragraph [0138]).
In reference to Claim 9, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers (paragraph [0138]).
In reference to Claim 10, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers and a median fiber length of 50 millimeters (paragraph [0138]).
This disclosure teaches the limitations of Claim 10, wherein the oxidized polyacrylonitrile fibers have a median fiber diameter of from 5 micrometers to 20 micrometers (i.e. 12 micrometers) and a median fiber length of from 25 millimeters to 75 millimeters (i.e. 50 mm).
In reference to Claim 11, Wu teaches that a 5.1 mm thick non-woven core is compressed to a thickness of 1.9 mm (i.e. a compression to 37% under ambient conditions) recovers to a thickness of 3.6 mm (i.e. 70%) after 5 minutes (paragraph [0140]).
Therefore, Wu teaches that the non- woven core layer recovers to at least 70% of its original thickness 5 minutes after being compressed to 37% of its original thickness at ambient conditions.
In reference to Claim 12, there is reasonable basis to conclude that the fibers in the material of modified Thrap are randomly oriented, because they appear to be the same materials as those in the instant specification, and appear to have been processed in a manner either identical to or substantially similarly to the processing method of the instant invention (see paragraph [0126] of the instant specification).
In reference to Claim 13, Table 5 of Wu teaches that the non- woven core layer has a tensile strength of more than 28 kPa along any transverse direction (i.e. 324 kPa).
In reference to Claim 14, Table 3 of Wu teaches that the non- woven core layer passes the UL-94V0 flame test.
In reference to Claim 21, Thrap teaches that the non-woven core layer (which is the insulating layer of Thrap, in the modification under the rejection of Claim 1 above) has a shape generally matching a shape of the busbar and extends across a major surface of the busbar (Fig. 25, paragraph [0148]).
In reference to Claims 1-4, 6-7, 9-10, 12-14, and 21, an alternate rejection is applied.
In reference to Claim 1, Thrap teaches a battery assembly (Figs. 17 and 25, paragraphs [0117]-[0122] and [0148]-[0149]).
The assembly of Thrap comprises an electrically-conductive housing 1600 (Figs. 17 and 25, paragraphs [0117]-[0122] and [0138]). This housing is taught to be aluminum in paragraph [0138].
This housing comprises a battery case 1645A/1645B/1650A/1650B/1660A/1660B and a battery lid 1635 (Fig. 17, paragraphs [0018]-[0122]).
The assembly of Thrap comprises one or more battery modules 1405 electrically coupled to a busbar 1410 (Fig. 25, paragraph [0148]).
Fig. 17 teaches that one or more battery modules and busbar being inside the housing in a space enclosed by the battery case and the battery lid.
Figs. 17 and 25 teach that the bus bar 1410 is different from the battery lid 1635.
The assembly of Thrap comprises an insulator disposed between the busbar 1410 and the electrically-conductive housing (paragraph [0148]).
Thrap teaches that the insulator comprises a layer of electrically insulating and thermally conductive material attached to the bus bar with an adhesive (paragraph [0148]).
Thrap does not teach that this insulator is the non-woven core layer of Claim 1.
To solve the same problem of providing an electrical insulator, Ke teaches that oxidized polyacrylonitrile fibers are excellent electrical insulators (paragraph [0009]).
To solve the same problem of providing an insulating material for use in a battery, Wu teaches a non-woven layer comprising 80 wt% oxidized polyacrylonitrile fibers (Example 2, paragraphs [0138]-[0140] and [0142]). Wu further teaches that the insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the insulator material of the battery system of Thrap from the material of Wu, because (1) Ke teaches that oxidized polyacrylonitrile is a good electrical insulator, and (2) Wu teaches that the oxidized polyacrylonitrile insulator material of his invention provides the benefits of having low thermal conductivity, high tensile strength, and good flame resistance (Abstract).
Forming the insulator of the battery system of Thrap from the material of Wu teaches the limitations of Claim 1, wherein the battery comprises a non-woven core layer disposed between the busbar and electrically-conductive housing, wherein the non-woven core layer comprises a plurality of fibers, the plurality of fibers comprising 60-100 wt% (i.e. 80%) of oxidized polyacrylonitrile fibers.
In reference to Claim 2, the non-woven core material of Example 2 of Wu appears to have the same composition as the non-woven core material of Example 1 of the instant specification (see paragraph [0126] of the instant specification).
Therefore, there is reasonable basis to conclude that the non-woven core layer of modified Thrap/Wu exhibits a breakdown voltage of at least 0.9 kV at ambient conditions after exposure to 500°C for 5 minutes, because Table 1 of the instant specification teaches that a non-woven core material of this composition has this property.
In reference to Claim 3, the non-woven core material of Example 2 of Wu appears to have the same composition as the non-woven core material of Example 1 of the instant specification (see paragraph [0126] of the instant specification).
Therefore, there is reasonable basis to conclude that the non-woven core layer of modified Thrap/Wu exhibits the thermal behavior of Claim 3, because Table 3 of the instant specification teaches that a non-woven core material of this composition has this property.
In reference to Claim 4, modified Thrap teaches that the insulator/non- woven core layer presses against its corresponding bus bar, and follows the shape of its corresponding bus bar (paragraph [0148]).
Fig. 25 teaches that each bus bar comprises a curved section where it connects to a battery terminal.
Therefore, it is the Examiner’s position that modified Thrap teaches the limitations of Claim 4, wherein the non- woven core layer compressibly conforms to a curved surface along the bus bar.
In reference to Claim 6, Wu teaches that the TREVIRA T270 reinforcing fibers of the instant invention melt when placed in a 228-230 °C oven (paragraph [0139]).
Therefore, it is the Examiner’s position that the TREVIRA T270 in the composition of Example 2 of modified Thrap teaches that the (Example 1, paragraphs [0138]-[0140] and [0142]) meets the limitations of a “reinforcing fiber having an outer surface comprised of a polymer with a melting temperature of 100-300 °C.”
In reference to Claim 7, Wu teaches that the oxidized polyacrylonitrile fibers represent over 85 vol% of the plurality of fibers that are not reinforcing fibers (i.e. 100% of the fibers that are not reinforcing fibers, paragraphs [0142] and [0138]).
In reference to Claim 9, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers (paragraph [0138]).
In reference to Claim 10, Wu teaches that the oxidized polyacrylonitrile fibers have a median fiber diameter of 12 micrometers and a median fiber length of 50 millimeters (paragraph [0138]).
This disclosure teaches the limitations of Claim 10, wherein the oxidized polyacrylonitrile fibers have a median fiber diameter of from 5 micrometers to 20 micrometers (i.e. 12 micrometers) and a median fiber length of from 25 millimeters to 75 millimeters (i.e. 50 mm).
In reference to Claim 12, there is reasonable basis to conclude that the fibers in the material of modified Thrap are randomly oriented, because they appear to be the same materials as those in the instant specification, and appear to have been processed in a manner either identical to or substantially similarly to the processing method of the instant invention (see paragraph [0126] of the instant specification).
In reference to Claim 13, Table 5 of Wu teaches that the non- woven core layer of Example 2 has a tensile strength of more than 28 kPa along any transverse direction (i.e. 870.8 kPa).
In reference to Claim 14, Table 3 of Wu teaches that the non-woven core layer of Example 2 passes the UL-94V0 flame test.
In reference to Claim 21, Thrap teaches that the non-woven core layer (which is the insulating layer of Thrap, in the modification under the rejection of Claim 1 above) has a shape generally matching a shape of the busbar and extends across a major surface of the busbar (Fig. 25, paragraph [0148]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Thrap, et al. (U.S. Patent Application Publication 2006/0203429 A1), in view of Ke (U.S. Patent Application Publication 2007/0178455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/0263336 A1), and further in view of Tompkins, et al. (U.S. Patent 6,670,291 B1).
In reference to Claim 15, modified Thrap does not teach that the non-woven core layer comprises the scrim of Claims 15-16.
To solve the same problem of providing an insulating material comprising a non-woven (column 7, lines 15-16) layer of oxidized polyacrylonitrile (column 7, lines 19-42), Tompkins teaches that placing a polyester scrim layer on either side of a core layer provides the benefit of imparting tear resistance to the laminate (column 6, lines 38-45).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed a polyester scrim layer on either side of the non-woven core layer of modified Thrap, to achieve the taught benefits of imparting tear resistance.
Forming a polyester scrim layer on either side of the non-woven core layer of modified Thrap teaches the limitations of Claim 15, wherein the assembly comprises one or more scrims disposed on opposing major surfaces of the non-woven core layer, wherein a peripheral edge of the one or more scrims is edge sealed to substantially encapsulate the non- woven core layer within the one or more scrims.
This “seal” is shown as the extension of the outer scrim layers to the edge of the laminate in Fig. 2 of Tompkins.
Forming a polyester scrim layer on either side of the non-woven core layer of modified Thrap teaches the limitations of Claim 16, wherein each scrim comprises flame-resistant polyester fibers.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Thrap, et al. (U.S. Patent Application Publication 2006/0203429 A1), in view of Ke (U.S. Patent Application Publication 2007/0148455 A1) and Wu, et al. (WO2019/090659 A1, with reference made to patent family document U.S. Patent Application Publication 2020/0263336 A1), and further in view of Kim (U.S. Patent Application Publication 2022/0223961 A1).
In reference to Claim 22, Thrap teaches that the non-woven core layer (which is the insulating layer of Thrap, in the modification under the rejection of Claim 1 above) is incorporated in a multi-layered electrically insulating article adhesively bonded to the busbar, i.e. a structure in which the non-woven core layer is adhered to the bus bar by an adhesive layer (paragraph [0148]).
Thrap does not teach that the multi-layered electrically insulating article has the structure recited in Claim 22.
To solve the same problem of providing an adhesive layer in a battery system, Kim teaches a double-sided adhesive layer comprising two layers of adhesive 120 sandwiching an insulating backing layer 110 (Figs. 4-5, paragraphs [0062]-[0066]).
Kim teaches that the adhesive layer of his invention provides the benefits of providing stress relief and preventing wrinkling due to stress accumulation (paragraph [0064]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the adhesive layer of modified Thrap to have the structure of the double-sided adhesive of Kim, to realize the taught benefits of the double-sided adhesive of Kim.
Forming the adhesive layer of modified Thrap to have the structure of the double-sided adhesive of Kim teaches the limitations of Claim 22, wherein the multi-layered electrically insulating article comprises, in order: a) the non-woven core layer; b) a first adhesive layer extending across and directly contacting the non-woven core layer (i.e. one of layers 120 of Kim); c) an electrically insulating backing layer extending across and directly contacting the first adhesive layer (layer 110 of Kim); and d) a second adhesive layer extending across and directly contacting the electrically insulating backing layer (the other layer 120 of Kim).
Response to Arguments
Applicant’s argument with respect to the rejections presented in the non-final rejection have been fully considered and are persuasive. Therefore, these rejection have been withdrawn. However, upon further consideration, new grounds of rejection are presented herein.
Conclusion
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.
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/SADIE WHITE/Primary Examiner, Art Unit 1721
