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 Objections
Claim 1 recites “PET”, “PTFE”, “PFA”, “FEP”, “ETFE”, and “PCV” which are acronyms for polymers. The first instance an acronym is used in a claim the full name of the polymer that the acronym represents should be written in its entirety. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 and 10-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the polymer film consisting of at least one of polyimide, polycarbonate, PET, p-phenylene sulfide, polyetherimide, cross-linked polyethylene, flame-retardant chloroprene rubber, polyvinylidene fluoride, rigid vinyl chloride, polybutylene terephthalate, PTFE, PFA, FEP, ETFE, rigid PCV, flame-retardant PET, polystyrene, polyether sulfone, polyamide-imide, polyacrylonitrile, polyethylene, polypropylene, or polyamide”. The specification recites in paragraph [0171] “ Examples of the polymer film include polyimide, polycarbonate, PET, p-phenylene sulfide, polyetherimide, cross-linked polyethylene, flame-retardant chloroprene rubber, polyvinylidene fluoride, rigid vinyl chloride, polybutylene terephthalate, PTFE, PFA, FEP, ETFE, rigid PCV, flame-retardant PET, polystyrene, polyether sulfone, polyamide-imide, polyacrylonitrile, polyethylene, polypropylene, polyamide, and the like” which does not support the limitation of “consisting of” in claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Takahashi (JP 2019204636 A, Machine Translation) in view of Wang (CN106147155A, Machine Translation).
Regarding claims 1-3, and 14, Hu discloses a heat transfer suppression sheet (see Figs. 3B, Fig. 4, Fig. 10, Fig. 18, 320, 410, 1002,1810 [0037]) for a battery pack, the heat transfer suppression sheet being used in a battery pack in which battery cells are connected in series or in parallel ([0033]), and being interposed between the battery cells (302 [0043], 1000a-g [0066], the heat transfer suppression sheet comprising (see Figs. 3B, Fig. 4, Fig. 10, Fig. 18):
a heat-insulating material (214 [0037],[0040], see analogous layers in other figures noted) containing at least one of inorganic particles or inorganic fibers (ceramic powder [0039]); and
a covering material (212 [0039]) covering at least a part of the heat-insulating material.
Hu discloses that the covering material (212) which is heat conducting can comprise a plastic filled with a conducting ceramic powder ([0039]) but does not disclose any details on the polymer used.
Wang discloses a heat conducting layer which comprises a plastic filled with conducting ceramic powder wherein the polymer film consists of flame-retardant PET thermal conductive material [0007]-[0009].
It would have been obvious to one of ordinary skill in the art at the time of filing to replace the material used for the polymer film of the plastic filled with thermally conductive filler of modified Hu to be the flame-retardant PET thermal conductive material disclosed by Wang because Wang discloses that these polymer materials used for a heat conducting sheet with heat conducting filler which is the same type of sheet as described by Hu that can be used between batteries.
Modified Hu discloses that the covering material includes a polymer formed of flame-retardant PET.
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
However, Hu does not disclose wherein a gap is formed between the heat-insulating material and the covering material.
Takahashi discloses a heat insulating material sheet (10) between battery cells which has convex and concave portions (22 [0035]) which increases surface area so that the effectiveness of the heat insulating properties is further increased ([0019]-[0022],see Figs. 1-4, note both surfaces can have concave convex features [0107]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the heat insulating material layer of Hu to have concave and convex portions on either or both outer surfaces as disclosed by Takahashi so that the effectiveness of the heat insulating properties is further increased.
Regarding claim 4, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the convex portion (modification above) of the heat-insulating material is bonded to the covering material ([0044]).
Regarding claim 10, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the covering material does not cover the edge portions of the heat-insulating material and therefore the gap thermally communicates with the outside of the heat-insulating material and the covering material by discharging heat through the covering material and the uncovered ends (see Figs. 3B, Fig. 4, Fig. 10, Fig. 18, 320, 410, 1002,1810). In addition, Hu discloses that the covering material (212) can be formed a polymer composite ([0039]) and a polymer will have a melting point. At the melting point of the covering material the gap will communicate with the outside.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Takahashi (JP 2019204636 A, Machine Translation) in view of Wang (CN106147155A, Machine Translation) as applied to claims 1-4, 10, and 14 above and in further view of Yoon (US 20210320345 A1).
Regarding claim 11, modified Hu discloses all of the claim limitations as set forth above.
Hu discloses that the covering material (212) can be formed of a ceramic filled polymer ([0039]).
However, Hu does not disclose the gap is sealed at a temperature of less than 60°C and that the covering material is configured such that a communication opening that allows the gap to communicate with the outside of the covering material is formed at a temperature of 60°C or more.
Yoon discloses a heat suppression sheet that comprises a heat insulating material (121) which has gaps (121c, through holes [0151]) which are filled with covering phase changing material (122) ([0051]-[0057]) and that having these through holes filled with phase changing material allows for a battery failure or damage event that may be caused in the battery cell by the heat, may be delayed, prevented, and/or reduced by the fire extinguishing agent ([0057]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the heat insulating material layer of Hu by including filling the gaps with PCM as disclosed by Yoon because this allows for a battery failure or damage event that may be caused in the battery cell by the heat, may be delayed, prevented, and/or reduced by the fire extinguishing agent.
With regards to “the gap is sealed at a temperature of less than 60°C and that the covering material is configured such that a communication opening that allows the gap to communicate with the outside of the covering material is formed at a temperature of 60°C or more” since sides are uncovered and gaps can be positioned at sides.
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Takahashi (JP 2019204636 A, Machine Translation) in view of Wang (CN106147155A, Machine Translation) in view of Yoon (US 20210320345 A1) as applied to claim 11 above and in further view of Kilhenny (US 20210257690 A1).
Regarding claims 12 and 13, modified Hu discloses all of the claim limitations as set forth above.
Hu discloses that the covering material comprises two or more portions (212 on front and back of 214, see Fig. 3B).
Hu discloses that the heat-insulating material and the covering material are adhered ([0046]) but does not disclose specifics.
Kilhenny discloses an adhesive material layer between a heat insulating material and a covering material that includes polymeric adhesives which melt at temperatures above 60°C ([0054]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the adhering of the heat-insulating material and the covering material by using a polymer based adhesive as disclosed by Kilhenny because Kilhenny discloses that these types of adhesives are known to adhere heat-insulating material and covering materials and Hu discloses a method of adhesion should be used.
Furthermore, it would have been obvious to one of ordinary skill the art at the time of filing to modify the amount of adhesive applied so that the concave regions of the heat insulating sheet are not filled with adhesive in modified Hu because this will not aid in the bonding of heat insulating sheet and the cover material.
With regards to the property of “the adhesive is applied to regions in
different application amounts such that the adhesive melts stepwise in the regions as the temperature rises” will be present in the heat suppression sheet of modified Hu because this will not aid in the bonding of heat insulating sheet and the cover material.
With regards to the property of “the adhesive is applied to regions in
different application amounts such that the adhesive melts stepwise in the regions as the temperature rises” will be present in the heat suppression sheet of modified Hu since modified Hu discloses all the claimed structure for the adhesive layer. Furthermore, depending on the heat profile of the battery, the adhesive layer will melt in different regions at different times.
Regarding claim 13, modified Hu discloses all of the claim limitations as set forth above.
Hu discloses that the heat-insulating material and the covering material are adhered ([0046]) but does not disclose specifics.
Kilhenny discloses an adhesive material layer between a heat insulating material and a covering material that includes polymeric adhesives which melt at temperatures above 60°C ([0054]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the adhering of the heat-insulating material and the covering material by using a polymer based adhesive as disclosed by Kilhenny because Kilhenny discloses that these types of adhesive are known to adhere heat-insulating material and covering materials and Hu discloses a method of adhesion should be used.
Furthermore, it would have been obvious to one of ordinary skill the art at the time of filing to modify the amount of adhesive applied so that the concave regions of the heat insulating sheet are not filled with adhesive in modified Hu because this will not aid in the bonding of heat insulating sheet and the cover material.
With regards to the property of “the adhesive is applied to regions in
different application amounts such that the adhesive melts stepwise in the regions as the temperature rises” will be present in the heat suppression sheet of modified Hu since modified Hu discloses all the claimed structure for the adhesive layer. Furthermore, depending on the heat profile of the battery, the adhesive layer will melt in different regions at different times.
Response to Arguments
Applicant argues that Hu discloses that the conduction layer 212 (asserted covering layer) has a thermal conductivity of at least 50 W/m*K (See Hu at para. [0039]), and that in contrast all of the potential polymers recited in claim 1 have low thermal conductivity of less than 1 W/m*K.
Hu discloses that the covering material (212) which is heat conducting can comprise a plastic filled with a conducting ceramic powder ([0039]). Therefore, Hu does not teach away for the conduction layer comprising the polymer as claimed (See rejection above of claim 1).
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726
