DETAILED ACTION
This action is in response to applicant’s amendment received on 07/14/2026. Amended claims 1 and 10 are acknowledged. Claims 1-5 and 8-17 are pending. Claims 6-7 are cancelled. Claims 10-13 remain withdrawn from consideration pursuant to 37 CFR 1.142(b).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 1-3, 5 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Blersch (WO 2019/121985 A1, machine translation attached) in view of Smeyers (EP 3790100A1).
Regarding claim 1, Blersch discloses:
a cooling member (40) (figs. 1-2C) for cooling a battery cell (201) [par. 0038], comprising:
an upper plate (2), a lower plate (1), an inlet port (49a) at a first side for injecting coolant into an inner space between the upper plate (2) and the lower plate (1), and an outlet port (49b) at the first side for removing coolant (figs. 1-2C and annotated fig. 2A-BLERSCH, below); and
an indentation part (3 plus 48) formed by introducing the upper plate (2) into the lower plate (1) (seen in figs. 2B-2C) [par. 0059], wherein the indentation part (3 plus 48) includes:
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a first indentation part (3) formed in an edge part of the cooling member (40) (see annotated fig. 2A-BLERSCH, page 2),
a second indentation part (48) including a groove (the joining recess where weld 44 is formed, seen in fig. 2C, as it applies to fig. 9) extending from the first side and between the inlet port (49a) and the outlet port (49b) (see annotated fig. 2A-BLERSCH, page 2), and
a plurality of third indentation parts (3) (see annotated fig. 2A-BLERSCH, page 2),
wherein a sealing pad (at 43) is located in the edge part between the upper plate (2) and the lower plate (1) [par. 0080],
wherein a first flow path and the inlet port (49a) are located on a first side of the second indentation part (48) (see annotated fig. 2A-BLERSCH, page 2),
wherein a second flow path extends from a terminal end of the first flow path (see annotated fig. 2A-BLERSCH, page 2),
wherein a third flow path and the outlet port (49b) are located on a second side of the second indentation part (48) at a terminal end of the second flow path (see annotated fig. 2A-BLERSCH, page 2), and
wherein each of the plurality of third indentation parts (3) is circular (see annotated fig. 2A-BLERSCH, page 2),
wherein the first flow path and the third flow path extend in a first direction (see annotated fig. 2A-BLERSCH, page 2),
wherein each of the first flow path and the third flow path has several of the plurality of third indentation parts (3) forming a plurality of lines spaced from each other in the first direction (see annotated fig. 2A-BLERSCH, page 2).
Blersch does not disclose:
the plurality of third indentation parts (3) forming only a single line and spaced from each other in the first direction.
However, Blersch discloses that the indentation parts (joining elements 3) are designed to provide stability and strength to the cooling member (fluid container 40) [par. 0025 and 0029] and also acknowledges that to improve stability of the cooling member (fluid container 40) adjacent indentation parts (joining elements 3) have a maximum distance from each other between 20 and 40 times the initial sheet thickness of the plates (1, 2) [par. 0021]. Therefore, the number of indentation parts (joining elements 3) arranged in the cooling member (fluid container 40) is designed to optimize stability and strength of the cooling member (fluid container 40). It would have been obvious to one of ordinary skill in the art to adjust the number of indentation parts (joining elements 3) through routine experimentation to arrive at a value which creates the desired stability and strength of the cooling member (fluid container 40) according to the user’s needs. Further, Smeyers teaches that a cooling member (10) for cooling a battery [par. 0061] and comprising an upper plate (12), a lower plate (14), an inlet port (15), an outlet port (16), a plurality of indentation parts (17), a plurality of flow paths (18) and a sealing pad located in an edge part (20) between the upper plate (12) and the lower plate (14) (figs. 2-3B) [par. 0061] wherein the indentation parts (17) are designed to provide more structural support to the cooling member (10) (just as in Blersch) and forming only a single line and spaced from each other, are old and known in the art (fig. 2) [par. 0061].
Regarding claim 2, Blersch discloses:
the first indentation part (3) having a depth (see fig. 2C), and a direction in which the depth extends is perpendicular to a direction of flow of the coolant in the cooling member (40) (see annotated fig. 2A-BLERSCH, page 2, as it applies to fig. 2C).
Regarding claim 3, Blersch discloses:
the first indentation part (3) comprising an upper indentation part (23) in which the upper plate (2) is deformed and a lower indentation part in which the lower plate (1) is deformed (see annotated fig. 2C-BLERSCH, page 5), and
a lowest point of an upper surface of the upper indentation part (23) being located below an upper surface of the lower plate (1) in which the first indentation part (3) is not formed (see annotated fig. 2C-BLERSCH, page 5).
Regarding claim 5, Blersch discloses:
the first indentation part (3) comprising an upper indentation part (23) in which the upper plate (2) is deformed and a lower indentation part in which the lower plate (11) is deformed (see annotated fig. 2C-BLERSCH, page 5), and
a maximum value of an outer diameter of the upper indentation part (23) is larger than a minimum value of an inner diameter of the lower indentation part) (seen in annotated fig. 2C-BLERSCH, below).
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Regarding claim 14, Blersch discloses:
a battery module (200) comprising the cooling member (40) according to claim 1 (fig. 1).
Regarding claim 15, Blersch discloses:
a battery pack (200) comprising the cooling member (40) according to claim 1 (fig. 1).
Regarding claim 16, Blersch discloses:
the battery pack (200) including a battery module (200) having an open structure (seen in fig. 1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Blersch and Smeyers, and further in view of Reinz (DE 20-2018107289 U1, machine translation attached).
Regarding claim 4, the combination of Blersch and Smeyers does not disclose:
the lowest point of the upper surface of the upper indentation part (23) being located below a lower surface of the lower plate (1) in which the first indentation part (3) is not formed.
However, Blersch considers different shapes for the indentation portion (3) (seen in figures 2C, 3 and 4) as obvious variations of each other in order to optimize the coupling force between plates. Further, Reinz, also directed to a cooling member (10) for cooling a battery (2) (figs. 1-5 and 7A) comprising an upper plate (12), a lower plate (11), an inlet port (4/4a), and an outlet port (4’/4a’) for injecting coolant into an inner space between the upper plate (12) and the lower plate (11) [par. 0042], teaches that indentation parts (20d) formed in an edge part of the cooling member (10) (figs. 2-3) and comprising an upper indentation part (24d) in which the upper plate (12) is deformed and a lower indentation part (23d) in which the lower plate (11) is deformed, wherein the lowest point of the upper surface of the upper indentation part (24d) is located below a lower surface of the lower plate (11) in which the first indentation part (20d) is not formed (see annotated fig. 5-REINZ, below), for the purpose of optimizing the coupling force between the plates, are old and known in the art. Furthermore, it has been held that changing the shape of an old device is a matter of design choice which involves only routine skill in the art. MPEP 2144.04, section IV, part A.
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Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Blersch and Smoyers, and further in view of Capati et al. (US 2019/0077276, herein “Capati”).
Regarding claim 8, the combination of Blersch and Smoyers does not disclose:
the lower plate comprising a first portion formed from a first material and a second portion formed from a second material different from the first material.
Capati, also directed to a cooling member (105) for cooling a battery (125) (figs. 1-2) comprising an upper plate (110), a lower plate (115) and a port (120) for injecting coolant into an inner space between the upper plate (110) and the lower plate (115) [par. 0025], teaches the cooling member (105) including the upper plate (110) comprising a first portion formed from a first material including aluminum [par. 0024, lines 14-18] and a second portion (inserts 220) formed from a second material including thermoplastic polymer resin [par. 0036, lines 1-7 and 16-23] different from the first material (aluminum) for the purpose of having the inserts (220) melt during a thermal runaway event to increase protection of the battery cells [par. 0003, 0042, 0043].
Therefore, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into the combination of Blersch and Smoyers the teachings of Capati to have the lower plate comprising a first portion formed from a first material and a second portion formed from a second material different from the first material, for the purpose of increasing protection of the battery cells during a thermal runaway event.
Regarding claim 9, the combination of Blersch, Smoyers and Capati discloses:
the first material being aluminum [Capati, par. 0024], and
the second material being a thermoplastic polymer resin having a melting point of 200°C or less [Capati, par. 0036, lines 27-29].
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Blersch and Smeyers, and further in view of Kenney et al. (US 2016/0036104, herein “Kenney”).
Regarding claim 17, the combination of Blersch and Smeyers does not disclose:
the plurality of third indentation parts does not extend into the second flow path.
However, as it applies to claim 1, above, Blersch discloses that the indentation parts (joining elements 3) are designed to provide stability and strength to the cooling member (fluid container 40) [par. 0025 and 0029] and also acknowledges that to improve stability of the cooling member (fluid container 40) adjacent indentation parts (joining elements 3) have a maximum distance from each other between 20 and 40 times the initial sheet thickness of the plates (1, 2) [par. 0021]. Therefore, the number of indentation parts (joining elements 3) arranged in the cooling member (fluid container 40) is designed to optimize stability and strength of the cooling member (fluid container 40). It would have been obvious to one of ordinary skill in the art to adjust the number of indentation parts (joining elements 3) through routine experimentation to arrive at a value which creates the desired stability and strength of the cooling member (fluid container 40). Further, Kenney teaches that a cooling member (14) for cooling a battery (12) [par. 0029] and comprising an upper plate (16), a lower plate (18), an inlet port (26), an outlet port (28), a plurality of indentation parts (36, 38, 40) arranged in a plurality of flow paths (32-1, 32-2, 32-3, 32-4) connected to each other through second flow paths (34-1, 34-2, 34-3) with no indentation parts (fig. 4), are old and known in the art (fig. 4) [par. 0029-0030]. Further, Kenney teaches that the plurality of indentation parts (enhancement features 36, 38, 40) are designed to change/alter both the overall surface area of the flow passages (20: 32-1, 32-2, 32-3) as well as the velocity of the fluid passing through the cooling member (14) to optimize heat transfer [par. 0041] (just as in the instant specification PGPub par. 0125). It would have been obvious to one of skill in the art to have the plurality of third indentation parts of Blersch extending only in the parallel flow paths for the purpose of optimizing heat transfer.
Response to Arguments
Applicant's arguments filed 07/14/2026 regarding newly amended claim 1 have been fully considered but they do not apply to the new grounds of rejection.
In page 8, Applicant argues that there is no disclosure (in Blersch) of the outer circumference having a sealing pad. In response, the Examiner reads the weld seam along the outer circumference 43 as the sealing pad since the purpose of this weld seam is to seal the cooling member (as explained in Blersch par. 0080) just an in the instant Application.
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 GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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