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
2. Applicant’s election without traverse of Group I, claims 16-25 in the reply filed on 29 July 2026 is acknowledged. Claims 26-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected energy store and an apparatus for producing an energy store, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 July 2026.
Status of Claims
Claims 16-25 are pending in the current application and under consideration on the merits.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 20 October 2023 and 25 June 2026 has been considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-21 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumpf, Jr. et al. (US 20170162922 A1, "Sumpf").
Regarding claim 16, Sumpf discloses a method of producing an energy store including the step of providing an aluminum material that is extruded to form a thermal-exchange tube (e.g. channel element, ref. #900 and #2002, para. [0105]). As shown in FIGS. 20B and 30, battery cells (e.g. energy storage cells) can be alternately arranged on the thermal-exchange tube. The thermal-exchange tube can pass back and forth and in the reverse direction (e.g. longitudinal) when it reaches the short end of the clamshell (e.g. energy store, para. [0044]). The method further includes optionally applying scallops to the thermal-exchange tube (para. [0105]). The scalloped thermal-exchange tube is bent into shape, and the battery cells can then be assembled into the rows defined by the tube ([FIG. 9], para. [0057-0058]). As shown in FIG. 25, the rows of thermal-exchange tubes and battery cells are oriented parallel with each other.
Regarding claim 17, Sumpf discloses the method of claim 16, wherein the thermal-exchange tube is provided and extruded (para. [0105]).
Regarding claim 18, Sumpf discloses the method of claim 16, wherein the thermal-exchange tubes shown in FIGS. 20B and 31 are arranged as pre-assembled units (para. [0103]).
Regarding claim 19, Sumpf discloses the method of claim 16, wherein the thermal-exchange tubes are secured to the battery cells by glue/adhesive (para. [0098-0099]), wherein the glue/adhesive is a thermal interface material (e.g. thermally conductive, para. [0056]) that helps the tube transfer energy to and from the cells (para. [0056]) and can be a single or multi-component UV-cure acrylate or acrylate-epoxy adhesive (para. [0053]).
Regarding claim 20,
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Sumpf discloses the method of claim 16, wherein the thermal-exchange tube has a channel portion (e.g. right side of thermal-exchange tube, para. [0099], [FIG. 26]) and a storage portion (e.g. left side of the thermal-exchange tube, [FIG. 26]). Sumpf further discloses the storage portion being folded in a direction of the preceding channel portion [FIG. 9].
Regarding claim 21, Sumpf discloses the method of claim 16, wherein pre-bent ribs (e.g. support, ref. #1002, #1014, #1016, #1080, and #1020, para. [0060-0063]) that can flex at their midpoints and yield in a consistent, predictable way with low force leading to a more controlled rib collapse when the tube is being bent (para. [0065]).
Regarding claim 25, Sumpf discloses the method of claim 16, wherein the thermal-exchange tubes further comprises a plurality of thermal-exchange tube terminating structures that are intercouples to hose segments to form a coolant inlet opening (ref. #2414, para. [0095]).
Claim Rejections - 35 USC § 103
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.
Claims 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sumpf, Jr. et al. (US 20170162922 A1, "Sumpf"), in view of Kim (KR 200341487 Y1, “Kim”), and further in view of Applicant’s specification.
Regarding claims 22 and 24, Sumpf discloses the method for producing an energy store of claim 16 as discussed above.
Sumpf is silent regarding using a tool which acts on the channel portion of the corresponding segment in order to bend, wherein the tool is in the form of a rotary arm (claim 22). Sumpf is further silent regarding two oppositely arranged rotary arms that are used for arranging the segments (claim 24).
Kim discloses a folding device that automatically folds a battery unit (ref. #11, para. [49]), wherein the battery unit is composed of a cell unit. The cell unit comprises a plurality of battery cells (e.g. energy storage cells, ref. #50, para. [49]). The folding device comprises moving cylinders (ref. # 311, #312, #321, and #322, para. [69]), driven pulleys (ref. #313 and #323, para. [63]), gripping cylinders (ref. #314 and #324, para. [60]), moving blocks (ref. #310 and #320, para. [62]), and gripping levers (ref. #314a and #324a, para. [60]) that correspond to two rotary arms that are oppositely arranged (shown below in [FIG. 6]) which reads on the limitation recited in claim 24. The gripping cylinders grip both sides of the front end of the cell unit and rotate to fold the battery cells so that they overlap (para. [55], [FIGS. 4a and 4b]). Kim therefore discloses a means for bending of battery materials. Further Applicant indicates such means exist and are usable for bending battery components (para. [0042]).
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Sumpf and Kim each constitute prior art which is analogous to the claimed invention – a battery module and a folding device to form a battery unit. It would have been obvious, before the effective filing date of the claimed invention, to modify the method of bending the thermal-exchange tubes comprising the battery cells of Sumpf using bending means known in the art as acknowledged by applicant ((para. [0042])) such as the rotary arm including the gripping cylinders of Kim to improve productivity and to ensure consistent quality of manufacturing (Kim, para. [46]). It is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering choice. In re Leshin, 125 USPQ 416.
Regarding claim 23, Sumpf in view of Kim discloses the method of producing an energy store of claim 22 as discussed above.
Sumpf is silent regarding using the tool to support the region between successive segments.
Kim further discloses that a weight means (e.g. tool to support, para. [55]) that maintains tension on the cell unit when the cell unit is folded by the gripping cylinders (para. [55]). Sumpf and Kim each constitute prior art which is analogous to the claimed invention – a battery module and a folding device to form a battery unit. It would have been obvious, before the effective filing date of the claimed invention, to modify the method of bending the thermal-exchange tubes comprising the battery cells of Sumpf using the rotary arm including the weight means of Kim to maintain tensions on the cell unit thereby stabilizing the folding of the cell unit (Kim, para. [71]).
Conclusion
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/SANDRA BROWN/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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