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 Rejections - 35 USC § 102
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 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 1, 2, 4-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US-20180331336-A1), hereafter referred to as Choi.
Regarding Claim 1, Choi teaches a battery module comprising: a battery cell stack in which a plurality of battery cells are stacked (100 in Figs. 1-3), a module frame that surrounds the battery cell stack (200/300/400 in Fig. 11), and a first heat transfer member (200 in Figs. 2, 6, and 7), and a second heat transfer member located on the bottom portion of the module frame, wherein the second heat transfer member is formed on an outer shell portion of the first heat transfer member (T in Fig. 7).
Regarding Claim 2, Choi teaches the battery module according to claim 1, wherein: the first heat transfer member and the second heat transfer member are formed of dissimilar materials (“the cooling plate 200 may include a single metal material, such as aluminum, copper, or iron, or an alloy material of at least one thereof, on the whole,” paragraph 67; “the double-sided adhesive tape T may have a configuration in which the adhesive layers T2 and T3 are respectively coated on both surfaces of the base layer T1 including a material such as PE foam or acrylic foam,” paragraph 80).
Regarding Claim 4, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member makes contact with the first heat transfer member (200 and T in Fig. 7 are shown to make contact with one another).
Regarding Claim 5, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member makes contact with a lower portion of the battery cell stack (100 and T in Fig. 7 are shown to make contact with one another).
Regarding Claim 6, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member is formed to be adjacent to a front surface or a rear surface 15 of the battery cell stack (T in Fig. 7 is shown to be positioned adjacent to the front or rear surface, where side plates 300 are positioned on either side, as can be seen in Fig. 11).
Regarding Claim 7, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member is formed so as to make contact with a terrace portion of the battery cell (T in Fig. 7 is shown to be on the peripheral portion, rather than a central portion, of the bottom of the module).
Regarding Claim 8, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member is formed higher than a height of the first heat transfer member (T in Fig. 7 is shown as above the height of the first heat transfer member 200).
Regarding Claim 9, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member is formed of a material having thermal conductivity (“the adhesive may be a thermally conductive adhesive,” paragraph 16) and softness (“the base layer T1 includes a foam material or the like, if impact or vibration is applied to the battery module, the base layer T1 may at least partially absorb the impact or vibration,” paragraph 81).
Regarding Claim 11, Choi teaches the battery module according to claim 8, wherein: the second heat transfer member includes a foam material (“the base layer T1 including a material such as PE foam or acrylic foam,” paragraph 80).
Regarding Claim 12, Choi teaches the battery module according to claim 1, wherein: the second heat transfer member has a smaller hardness than the first heat transfer member (“the cooling plate 200 may include a single metal material, such as aluminum, copper, or iron, or an alloy material of at least one thereof, on the whole,” paragraph 67; “the base layer T1 including a material such as PE foam or acrylic foam,” paragraph 80).
Regarding Claim 13, Choi teaches the battery module according to claim 1, wherein: heat transferred from the battery cell is sequentially transferred and released through the second heat transfer member and the module frame (“The thermally conductive adhesive has higher thermal conductivity than general adhesives, and thus may further improve a heat transfer amount, a heat transfer rate, and the like between the secondary batteries 100 and the cooling plate 200,” paragraph 76; “T is arranged between the secondary battery 100 and the cooling plate 200,” paragraph 79).
Regarding Claim 14, Choi teaches a battery pack comprising the battery module as set forth in claim 1 (“there is also provided a battery pack including the battery module according to the present disclosure,” paragraph 26).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Goma (US-20090284230-A1).
Regarding Claim 3, Choi teaches the battery module according to claim 2, wherein: the first heat transfer member includes thermal conductive material (“At least a portion of the cooling plate 200 may include a thermally conductive material,” paragraph 66), and the second heat transfer member includes a heat transfer pad (“the base layer T1 includes a foam material or the like, if impact or vibration is applied to the battery module, the base layer T1 may at least partially absorb the impact or vibration,” paragraph 81). Choi does not teach that the thermally conductive material is a resin layer. However, Goma teaches a battery module with heat transfer members included in the module. Therein, Goma teaches that one such heat transfer member near the battery cells comprises a thermally conductive resin layer to dissipate heat from the module (“The resin layer 22 being a composite resin layer allows the heat generated by the power circuit 21 and blocked by the multiple recesses 22A to be absorbed in the resin layer 22 to be externally dissipated efficiently,” paragraph 31).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery module taught by Choi and modify the first heat member such that the thermally conductive material therein is a resin layer, as taught by Goma. Please see MPEP § 2144.07.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Ryu et al. (US-20200044227-A1), hereafter referred to as Ryu.
Regarding Claim 10, Choi teaches the battery module according to claim 1, but not wherein the second heat transfer member is formed of a material containing silicon. However, Ryu teaches a battery module with a first heat transfer member (“heat dissipation member 10,” paragraph 89) and second heat transfer member (“thermal pad 300,” paragraph 89). Therein, Ryu teaches that the second heat transfer member can be formed of a material containing silicon (“the thermal pad 300 may be made of silicon, acryl or the like,” paragraph 91).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery module taught by Choi and modify the second heat transfer member to be material containing silicon, as taught by Ryu. Please see MPEP § 2144.07.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN P WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
