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 .
Claim Objections
Claims 1-6, 8-9, 11-14, and 16 are objected to because of the following informalities:
In claim 1, the phrase “electrically insulating insulation foil” should be amended to read “electrically insulating foil.”
In claim 1, the phrase “the battery cells” should be amended to read “the at least two battery cells.”
In claim 2, the phrase “insulation foil” should be amended to read “electrically insulating foil.”
In claim 2, the phrase “the battery cells” should be amended to read “the at least two battery cells.”
In claim 3, the phrase “insulation foil” should be amended to read “electrically insulating foil.”
In claim 3, the phrase “the battery cells” should be amended to read “the at least two battery cells.”
In claim 4, the phrase “insulation foil” should be amended to read “electrically insulating foil.”
In claim 8, the phrase “the other” should be amended to read “another.”
In claim 11, the phrase “the tab” should be amended to read “the at least one tab.”
Claims 5-6, 9, 12-24, and 16 are similarly objected to as they incorporate the limitations of at least one of claims 1-4, 8, and 11. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the construction" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claims 2-6 and 12-14 are similarly rejected as they incorporate all of the limitations of claim 1.
Claim 4 recites the limitation "the plane" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 4-6 are similarly rejected as they incorporate all of the limitations of claim 4.
Claim 5 recites the limitation "the whole periphery" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the phrase "for example," which renders the claim indefinite because it leads to confusion over the scope of the claim (see MPEP § 2173.05(d)).
Claim 7 recites the limitation "the insulation foil" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claims 8-9 are similarly rejected as they incorporate all of the limitations of claim 7.
Claim 7 recites the limitation "the temperature” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 8-9 are similarly rejected as they incorporate all of the limitations of claim 7.
Claim 7 recites the limitation "the battery cells” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 8-9 are similarly rejected as they incorporate all of the limitations of claim 7.
Claim 10 recites the limitation "the plane" in line 11. There is insufficient antecedent basis for this limitation in the claim. Claims 11 and 15-16 are similarly rejected as they incorporate all of the limitations of claim 10.
Claim 11 recites the limitation "the whole periphery" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 13 recites the language “wherein the insulation foil is adhesively bonded to temperature-control surfaces of the plurality of battery cells.” However, claim 3, from which claim 13 dpeends, already requires the limitation “wherein the insulation foil is adhesively bonded to temperature-control surfaces of battery cells,” which is substantially identical to the language of claim 13. It is therefore unclear how claim 13 further limits claim 3.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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.
Claim(s) 1-2, 7-11, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan et al. (DE 102015201294A, as read via machine translation).
As to claim 1, Yan et al. discloses a battery module for the construction of a battery, comprising at least two battery cells (see e.g. cells 20, [0039] and Fig. 5) which are held in a cell holder (see e.g. frame structure 40, [0041] and Fig. 5) and have temperature-control surfaces which are to be brought into thermally conductive contact with a temperature-control element of a battery housing (see e.g. [0048], [0055], and Fig. 5, the underside surfaces of cells 20 read on temperature-control surfaces (see Illustration 1 below) and are in thermal conductive contact with cooling pad 30, which dissipates heat from the battery and thereby reads on a temperature-control element).
wherein an electrically insulating insulation foil arranged on the temperature-control surfaces of the battery cells (see e.g. support element 62, made of electrically-insulating rubber, [0056] and Fig. 5. Note that pg., lines 17-20 of the Instant Specification states that an electrically-insulating foil is understood to be a material with a low electrical conductivity that may include polymer materials).
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Illustration 1: Reproduction with annotation of Figure 1 of Yan.
As to claim 2, Yan et al. discloses the battery module as claimed in claim 1, wherein the insulation foil is arranged on the temperature-control surfaces of all the battery cells (see e.g. Fig. 5, support element 62, which reads on an insulation foil, is arranged on the bottom surfaces of all of cells 20).
As to claim 7, Yan et al. discloses a battery for a vehicle (see e.g. [0026], the battery is intended for use in an electric vehicle) with at least one battery module (see e.g. battery module 10, [0039] and Fig. 5) and a housing (see e.g. frame structure 40 and cooling pad 30 read on a housing, [0041] and Fig. 5) with a temperature-control element for controlling the temperature of the battery cells accommodated in the at least one battery module (see e.g. [0048], [0055], and Fig. 5, the underside surfaces of cells 20 in battery module 10 read on temperature-control surfaces and are in thermal conductive contact with cooling pad 30, which dissipates heat from the battery and thereby reads on a temperature-control element), and
a thermally conductive element arranged on the temperature-control element (see e.g. insulating film 60, which allows heat to dissipate from the batteries to cooling pad 30 and thereby is thermally a conductive element, is arranged on cooling pad 30 which reads on a temperature-control element, [0051], [0055], and Fig. 5), characterized in that the insulation foil is in contact with the thermally conductive element (see e.g. Fig. 5, support element 62, which reads on an insulation foil, is in contact with insulating film 60, which reads on a thermally conductive element).
As to claim 8, Yan et al. discloses the battery as claimed in claim 7, wherein, starting from the temperature-control element, first the thermally conductive element and then the insulation foil and then the battery cells are stacked one on top of the other (see e.g. Figs. 5-6, the temperature control element 30, thermally-conductive element 60, insulation foil 62, and battery cells 20 are stacked on top of each other in order).
As to claim 9, Yan et al. discloses the battery as claimed in claim, wherein the thermally conductive element is formed as a thermally conductive paste, for example a gap filler, and/or of a thermally conductive pad, for example a gap pad (see e.g. [0055] and Fig. 5, support element 62 reads on a thermally conductive element and can reasonably be considered to be a thermally-conductive pad).
As to claim 10, Yan et al. discloses a battery for a vehicle (see e.g. [0026], the battery is intended for use in an electric vehicle), comprising at least one battery module with at least two battery cells (see e.g. [0039] and Fig. 5, battery module 10, comprises two cells 20), which are held in a cell holder (see e.g. frame structure 40 reads on a cell holder, [0041] and Fig. 5) and have temperature-control surfaces which are to be brought into thermally conductive contact with a temperature-control element of a battery housing (see e.g. [0048], [0055], and Fig. 5, the underside surfaces of cells 20 in battery module 10 read on temperature-control surfaces and are in thermally conductive contact with cooling pad 30, which dissipates heat from the battery and thereby reads on a temperature-control element of a battery housing), and
a thermally conductive element (see e.g. insulating film 60, which allows heat to dissipate from the batteries to cooling pad 30 and thereby is thermally conductive, [0051], [0055], and Fig. 5) which is arranged between the temperature-control surfaces of the battery cells and the temperature-control element (see e.g. Fig. 5, insulating film 60, which reads on a temperature-control element, is arranged between the bottom temperature-control surfaces of battery cells 20 and the cooling pad 30 that reads on a temperature-control element),
as well as an insulation foil arranged between the temperature-control element and the thermally conductive element (see e.g. Figs. 5-6, support element 62 reads on an insulation foil and is arranged between cooling pad 30 and insulating film 60, which read on a temperature control element and a thermally conductive element, respectively),
wherein the insulation foil comprises at least one tab which is arranged so that it is folded out of the plane formed by the temperature-control surfaces (see e.g. Yan et al.: Figs. 5-6, the support element 62, which reads on an insulation foil, comprises a tab that is folded such that it is vertical and out of the plane formed by the bottom surfaces of cells 20, which read on the claimed temperature-control surfaces).
As to claim 11, Yan et al. discloses the battery as claimed in claim 10, wherein the tab is formed around the whole periphery (see e.g. Yan et al.: Fig. 5, the support element 62, which reads on an insulation foil, comprises tabs that are formed around the whole periphery of cell 20).
As to claim 16, Yan et al. discloses the battery module as claimed in claim 11, wherein the insulation foil forms a tray-like structure (see e.g. Yan et al.: Figs. 5-6, support element 62, which reads on an insulation foil, lies underneath cells 20 and can thereby reasonably be said to form a tray-like structure).
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.
Claim(s) 3-6 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (DE 102015201294A) as applied to claim 2 above, and further in view of Wang et al. (US 2021/0313635).
As to claim 3, Yan et al. discloses the battery module as claimed in claim 2, including an insulation foil arranged on the temperature-control surfaces of battery cells (see e.g. support element 62, made of electrically-insulating rubber and arranged on the bottom surface of cells 20, Yan et al.: [0056] and Fig. 5. Note that pg., lines 17-20 of the Instant Specification states that an electrically-insulating foil is understood to be a material with a low electrical conductivity that may include polymer materials), but does not disclose that the insulation foil is adhesively bonded to temperature-control surfaces of battery cells.
Wang et al., also working in the field of temperature control systems for battery cells, teaches an analogous system comprising an insulating film arranged on the surface of a battery cell and in thermal contact with a temperature control element (see e.g. insulating layer 212, which is arranged on battery cell 21, and cooling plate 31 Wang et al.: [0048] and Figs. 4C-5). Wang et al. further teaches that this insulating film comprises an adhesive layer that fixes the insulating film in place (see e.g. conductive adhesive, Wang et al.: [0048]).
It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the battery module of Yan et al. by adding the adhesive taught by Wang et al. to adhesively bond the insulation foil to the temperature-control surface of the battery cells. Said artisan would have been motivated to make such an addition in order to fix the insulation foil in place in the manner taught by Wang et al..
As to claim 4, Yan et al. in view of Wang et al. teaches the battery module as claimed in claim 3, wherein the insulation foil comprises at least one tab which is arranged so that it is folded out of the plane formed by the temperature-control surfaces (see e.g. Yan et al.: Figs. 5-6, the support element 62, which reads on an insulation foil, comprises a tab that is folded such that it is vertical and out of the plane formed by the bottom surfaces of cells 20, which read on the claimed temperature-control surfaces).
As to claim 5, Yan et al. in view of Wang et al. teaches the battery module as claimed in claim 4, wherein the tab is formed around the whole periphery (see e.g. Yan et al.: Fig. 5, the support element 62, which reads on an insulation foil, comprises tabs that are formed around the whole periphery of cell 20).
As to claim 6, Yan et al. in view of Wang et al. teaches the battery module as claimed in claim 4, wherein at least one tab is arranged between battery cells in order to prevent a thermally conductive element from entering gaps between battery cells (see e.g. Yan et al.: Fig. 5, the support element 62, which reads on an insulation foil, is disposed between battery cells 20 and thereby could prevent a thermally conductive element from entering gaps between battery cells).
As to claim 13, Yan et al. in view of Wang et al. teaches the battery module as claimed in claim 3, wherein the insulation foil is adhesively bonded to temperature-control surfaces of the plurality of battery cells (see e.g. Wang et al.: [0048] and Figs. 4C-5, which teaches that insulating layer 212, which is arranged on battery cell 21, and cooling plate 31, comprises an adhesive layer that fixes the insulating film in place. See also the rejection of claim 3 set forth above).
As to claim 14, Yan et al. in view of Wang et al. teaches the battery module as claimed in claim 5, wherein the insulation foil forms a tray-like structure (see e.g. Yan et al.: Figs. 5-6, support element 62, which reads on an insulation foil, lies underneath cells 20 and can thereby reasonably be said to form a tray-like structure).
As to claim 15, Yan et al. in view of Wang et al. teaches the battery for a vehicle as claimed in claim 10. In Yan et al. in view of Wang et al.’s battery module, the at least two battery cells are prismatic rather than cylindrical battery cells (see e.g. cells 20, Fig. 5).
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP §2144.04). In the instant case, the use of cylindrical battery cells instead of prismatic battery cells would represent a simple change in the shape of the cells and would not alter the performance of the battery module in a patentably distinct manner. Therefore, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it obvious to replace the at least two prismatic battery cells of Yan et al. in view of Wang et al. with cylindrical battery cells.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (DE 102015201294A, as read via machine translation).
As to claim 12, Yan et al. discloses the battery module as claimed in Claim 1, as set forth in the rejection of claim 1 above. In Yan et al.’s battery module, the battery cells are prismatic rather than cylindrical battery cells (see e.g. cells 20, Fig. 5).
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP §2144.04). In the instant case, the use of cylindrical battery cells instead of prismatic battery cells would represent a simple change in the shape of the cells and would not alter the performance of the battery module in a patentably distinct manner. Therefore, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it obvious to replace the prismatic battery cells of Yan et al. with cylindrical battery cells.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kubota et al. (US 2021/0218082) discloses a similar cooling structure comprising a temperature control element and an insulation foil arranged on the temperature control surface of a battery cell (see Fig. 5).
Deser et al. (US 2017/0346143) discloses a similar cooling structure comprising a temperature control element and an insulation foil arranged on the temperature control surface of a battery cell (see Fig. 7).
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/A.M.H./Examiner, Art Unit 1723
/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
07/10/2026
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