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 .
Response to Arguments
Applicant's arguments filed 6 August 2026 have been fully considered. The arguments are persuasive to overcome 35 USC § 102 over You, but they are not persuasive in regard to the 35 USC § 103 over Prilutsky in view of Andrasi.
Specifically, Andrasi et al. teach the desirability to include a metal pouch (paragraph [0064]) which is filled with the hydrophilic polymer (i.e. heat absorbing mass – paragraph [0057]) in a manner which obviates the claimed structure. Further, while the prior art does not specify a plurality of cells within each pouch cell, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP 2144.05 Part VI – B). In the instant case, a person of ordinary skill in the art would appreciate the ability to use stacked cells in the pouches of the prior art, which may include multiple cells per pouch to reach desired electrical output characteristics such as voltage and capacity.
For example, multiple cells within a single pouch are exemplified by Zhu et al. (US Pub 2013/0224533 newly cited) who teaches:
[0022] To accomplish at least one of these objects, a battery includes multiple electrodes of any number of cell types of a first polarity. The electrodes of each of the cell types share a pair of the common electrodes having a second polarity. The electrodes of the multiple cell types and the multiple common electrodes are interleaved such that the stack effectively includes multiple electrically independent cells. These multiple electrically independent cells are merged into a single stack, and will share a common shell or pouch.
This is shown in figure 4C reproduced below:
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Andrasi et al. teach “the interior of the pouch is filled with hydrophilic polymer” (i.e. heat absorbing mass - paragraph [0057]) and therefore a person of ordinary skill in the art would appreciate that this heat absorbing mass would be between the cells as well.
Therefore, the rejection based on Prilutsky in view of Andrasi et al. has been maintained below and therefore this action is FINAL.
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.
Claims 1 and 3-15 are rejected under 35 U.S.C. 103 as being unpatentable over Prilutsky et al. US Pub 2010/0136391 of record) in view of Andrasi et al. (US Pub 2014/0224465 of record).
In regard to claim 1, Prilutsky et al. teach a battery pack 100 comprising: a pack case (housing 105); a plurality of batteries 101 contained within the pack case; a heat sink (walls of conduit 107 including cooling fluid or fire extinguishing agent, which may be used in conjunction with separate or independent battery cooling system – paragraph [0043-0044] – figure 8) positioned above the batteries in which coolant is stored (in order to take advantage of gravity – paragraph [0044]); a plurality of supply passages (conduits 107, 801 etc.) connecting the heat sink and the plurality of batteries, respectively; and the plurality of supply passages is sealed, respectively, and a plurality of plugs (1105, 1401, 1403 which melt at various temperatures– paragraph [0047-0049]) are melted by heat generated in the case of thermal runaway of the batteries.
In regard to the amendment, Prilutsky et al. teach the battery pack of claim 1 where a case made of material and provided with a liquid inlet (venting element within caps – paragraph [0032]) connecting the supply passages 107; a plurality of battery cells 101 contained within the case; and a mass (bracket 103) disposed between the plurality of battery cells (paragraphs [0030-0034], figure 1-5) but does not specify a case made of metal or a heat absorbing mass between the cells. However, Andrasi et al. teach a similar battery pack including pouch cells and the desirability to fill with a hydrophilic material 104, such as forming a thermal barrier system 401 including a metal shell filled with a hydrophilic sponge, net etc. (i.e. the heat absorbing mass includes an absorbent material) that is impregnated with a liquid that vaporizes as it absorbs heat generated from the battery cells; and an exterior material (pouch cell) containing the absorbent material (the exterior material is a thermally conductive pouch – paragraph [0057]), the pouch provided with a metal shell (paragraph [0064]) and a vulnerable portion (weak area 332) that preferentially is broken when the liquid impregnated in the absorbent material vaporizes and the internal pressure increases (paragraph [0063]) wherein the absorbent material is a super absorbent matrix including super absorbent polymers (SAP) (hydrophilic polymer 99% water – paragraph [0061]) because such helps prevent thermal runaway in the battery (paragraphs [0054-0074, figures 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to include the battery cells in metal pouches surrounded by liquid impregnated super absorbent material containing pouches for the pouch cells in the battery pack of Prilutsky et al. as such helps prevent thermal runaway as taught by Andrasi et al.
In regard to claim 3-6, Prilutsky et al. teach the battery pack of claim 1 where a case made of material and provided with a liquid inlet (venting element within caps – paragraph [0032]) connecting the supply passages 107; a plurality of battery cells 101 contained within the case; and a mass (bracket 103) disposed between the plurality of battery cells (paragraphs [0030-0034], figure 1-5) but does not specify a case made of metal or a heat absorbing mass. However, Andrasi et al. teach a similar battery pack including pouch cells and the desirability to fill with a hydrophilic material 104, such as forming a thermal barrier system 401 including a metal shell filled with a hydrophilic sponge, net etc. (i.e. the heat absorbing mass includes an absorbent material) that is impregnated with a liquid that vaporizes as it absorbs heat generated from the battery cells; and an exterior material (pouch cell) containing the absorbent material (the exterior material is a thermally conductive pouch – paragraph [0057]), the pouch provided with a metal shell (paragraph [0064]) and a vulnerable portion (weak area 332) that preferentially is broken when the liquid impregnated in the absorbent material vaporizes and the internal pressure increases (paragraph [0063]) wherein the absorbent material is a super absorbent matrix including super absorbent polymers (SAP) (hydrophilic polymer 99% water – paragraph [0061]) because such helps prevent thermal runaway in the battery (paragraphs [0054-0074, figures 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to include the metal pouches surrounded by liquid impregnated super absorbent material containing pouches for the pouch cells in the battery pack of Prilutsky et al. as such helps prevent thermal runaway as taught by Andrasi et al.
In regard to claim 7, “the plug is melted before the vulnerable portion of the pouch is broken” relate to an intended operation of the battery pack, as the conditions of heat and pressure build up may vary depending on the conditions of the battery operation, this claim fails to distinguish from the prior art combination. Further, Prilutsky et al. teach the ability to tailor the plug area (paragraph [0048] and Andrasi et al. teach the ability to tailor the specific conditions under which the weakened area will break (paragraph [0063]).
In regard to claim 8, Prilutsky et al. teach the liquid inlet is open toward the heat absorbing mass (i.e. the pouch in the combination -figure 3 – plug opposite venting structure of battery – paragraph [0044]).
In regard to claim 9, Andrasi et al. teach the desirability to include an insulation material is disposed between the plurality of batteries (thermal barriers 506 – paragraph [0070], figure 5).
In regard to claim 10, Prilutsky et al. teach the heat sink (fire extinguishing system including plugs and/or breech points in separate embodiments and/or additional cooling system – paragraph [0043]) includes a first block and a second block (i.e. multiple battery blocks, a combination of various embodiments) independent from each other (see also two separate systems in figure 8), the plurality of supply passages includes a first supply passage connecting the first block and the plurality of batteries (conduits of systems), respectively and a second supply passage connecting the second block and the plurality of batteries, respectively, the plurality of plugs includes a first plug sealing the first supply passage (such as a first system with a plug 1105), respectively, and a second plug (second embodiment including sealing material 1301) the second supply passage, respectively, and the melting point of the first plug and the melting point of the second plug may be different (figures 1-10 – paragraphs [0030-0049] – multiple embodiments may be combined, several different versions of material combinations are taught, which may have different melting temperatures; see explicitly embodiment in figure 14 which includes plug 1401 and lower melting material layer 1403 in paragraph [0049]).
In regard to claim 11, Prilutsky et al. teach the liquid stored in the first block is fire extinguishing fluid such as a foam (paragraph [0008], therefore obviating water as an option), and as noted above while the specific melting points of the plugs is not specified, the prior art teaches the desirability to select weakened area properties based on operating conditions of the cells in a manner which obviates setting one melting temperature lower than the other, absent evidence to the contrary.
In regard to claim 12, “the first plug is melted before the vulnerable portion of the pouch is broken” relates to an intended operation of the battery pack, as the conditions of heat and pressure build up may vary depending on the conditions of the battery operation, this claim fails to distinguish from the prior art combination. Further, Prilutsky et al. includes plug 1401 and lower melting material layer 1403 in paragraph [0049] and Andrasi et al. teach the ability to tailor the specific conditions under which the weakened area will break (paragraph [0063]).
In regard to claim 13, Prilutsky et al. teach the liquid stored in the second block is a liquid with high specific heat capacity mixed with a fire extinguishing agent (paragraph [0008], therefore obviating water as an option as noted above).
In regard to claim 14, “the second plug is melted after the vulnerable portion of the pouch is broken” relates to an intended operation of the battery pack, as the conditions of heat and pressure build up may vary depending on the conditions of the battery operation, this claim fails to distinguish from the prior art combination. Further, Prilutsky et al. includes plug 1401 and lower melting material layer 1403 in paragraph [0049]and Andrasi et al. teach the ability to tailor the specific conditions under which the weakened area will break (paragraph [0063]).
In regard to claim 15, Prilutsky et al. teach the liquid inlet includes a first liquid inlet connected to the first supply passage and a second liquid inlet connected to the second supply passage, and the first liquid inlet is open toward the heat absorbing mass (see figures 11-14 – each plug is positioned to use gravity of drop fluid onto the top of the cells – paragraph [0044] which includes the venting structure).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US Pub 2026/0018709) is applicant’s own work which teaches a similar heat absorber for a battery pack. Zhu et al. (US Pub 2013/0224533 newly cited) teaches a multicell battery pouch.
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 Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723