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 .
Election/Restrictions
Applicant’s election without traverse of Species A1 (Fig. 1), Species B1 (Fig. 2), and Species C1 (Fig. 12) drawn to claims 1-20 in the reply filed on 02/09/2026 is acknowledged.
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.
Claim(s) 1, 4, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Yoon (US 20210320345 A1) in view of Choi (KR 20160054289 A, Machine Translation).
Regarding claims 1 and 9, 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]-[0039], see analogous layers in other figures noted) containing at least one of inorganic particles (ceramic powder [0039]); and a covering material (212 [0037]-[0039]) covering at least a part of the heat-insulating material.
Hu does not disclose a sealed gap is formed between the heat-insulating material and the covering material and 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 through holes which are filled 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.
The PCM material will melt at a temperature of 60°C or more and therefore the gap will communicate with the covering material.
Choi discloses a heat transfer layer (20) located between battery cells wherein the heat transfer layer comprises through holes (21a and 21b, see Fig. 4) and that having these openings further improves cooling efficiency (see pg. 3, paragraphs 1-8).
Hu discloses that the covering material 212 also serves to transfer heat ([0039]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the covering material layer of modified Hu to further include through holes as disclosed by Choi because it will further improve the cooling and heat transfer ability of the covering material layer.
Modified Hu discloses that the PCM material will melt at a temperature of 60°C or more and therefore the gap will communicate with the outside of the covering material is formed at a temperature of 60°C or more.
Regarding claim 4, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the covering material (212) can be formed a polymer composite ([0039]) and a polymer will have a melting point above 60°C and at that melting point the gap will communicate with the outside.
Claim(s) 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Yoon (US 20210320345 A1) in view of Choi (KR 20160054289 A, Machine Translation) as applied to claims 1, 4, and 9 above and in further view of Takahashi (JP 2019204636 A, Machine Translation).
Regarding claim 2, modified Hu discloses all of the claim limitations as set forth above.
However, Hu does not disclose at least one of the inorganic particles or the inorganic fibers contained in the heat insulating material contains a material that releases moisture when heated.
Takahashi discloses that the heat insulating layer can comprise inorganic particles or the inorganic fibers contained in the heat insulating material contains a material that releases moisture when heated and that using this material increases performance of the battery cells ([0040]-[0044]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the heat insulating layer material of modified Hu by using the heat insulating layer material as disclosed by Takahashi because it is known that heat insulating/absorbing material is used to control heat transfer between batteries and furthermore that using this material increases performance of the battery cells.
Regarding claim 11, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the covering material (212) can be formed a polymer composite ([0039]) and a polymer will have a melting point above 60°C and at that melting point the gap will communicate with the outside.
Claim(s) 3, 5, 6, 8, 12, 16, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Yoon (US 20210320345 A1) in view of Choi (KR 20160054289 A, Machine Translation) as applied to claims 1, 4, and 9 above and in further view of Kilhenny (US 20210257690 A1).
Regarding claim 3, 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.
Regarding claim 5, 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.
In addition, Hu discloses that the covering material (212, see Fig. 3A) is formed of a metal plate ([0039]).
Regarding claim 6, 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.
In addition, Hu discloses that the covering material (212, see Fig. 3B) is formed of a metal plate ([0039]).
Regarding claim 12, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the covering material (212) can be formed a polymer composite ([0039]) and a polymer will have a melting point above 60°C and at that melting point the gap will communicate with the outside.
Regarding claim 16, 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.
In addition, Hu discloses that the covering material (212, see Fig. 3B) is formed of metal plates ([0039]).
Regarding claims 8, 19, and 20, modified Hu discloses all of the claim limitations as set forth above.
However, Hu does not disclose that the adhesive is applied to regions in different application amounts such that the adhesive melts stepwise in the regions as the temperature rises.
As noted above in the rejection of claim 1, the covering material of modified Hu (modified with Choi) contains a patterned region with through holes and a border which has no patterned region (see Fig. 4 of Choi).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the amount of adhesive disposed at interfacial regions between the heat-insulating material and the covering material of modified Hu so that there is more applied at the non-pattered interfacial regions than at the patterned interfacial regions due to the presence of through holes and any adhesive in these regions will not serve to adhere.
With regards to the limitation “such that the adhesive melts stepwise in the regions as the temperature rises” this property will be present in modified Hu since the claimed structure of the adhesive layer is present.
Claim(s) 10 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20110159340 A1) in view of Yoon (US 20210320345 A1) in view of Choi (KR 20160054289 A, Machine Translation) in view of Takahashi (JP 2019204636 A, Machine Translation) as applied to claims 2 and 11 above and in further of Kilhenny (US 20210257690 A1).
Regarding claim 10, 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.
Regarding claim 13, modified Hu discloses all of the claim limitations as set forth above.
In addition, Hu discloses that the covering material (212) can be formed a polymer composite ([0039]) and a polymer will have a melting point above 60°C and at that melting point the gap will communicate with the outside.
Regarding claim 14, 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.
In addition, Hu discloses that the covering material (212, see Fig. 3A) is formed of metal plates ([0039]).
Regarding claim 15, 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.
In addition, Hu discloses that the covering material (212, see Fig. 3B) is formed of metal plates ([0039]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/272238. Although the claims at issue are not identical, they are not patentably distinct from each other because they recites a substantially similar structure for a heat suppression sheet.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of copending Application No. 18/272258 in view of Yoon (US 20210320345 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because they recites a substantially similar structure for a heat suppression sheet with the exception of 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 claims 1-8 of copending Application No. 18/272258 by filling 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.
This will result in modified claims 1-8 of copending Application No. 18/272258 having 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.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
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