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 .
Status of Application
Claims 1-12, 20-27 are currently pending. Claims 13-19 are cancelled. Claims 20-27 are new.
Response to Arguments
Applicant's arguments filed 03/26/2026 have been fully considered but they are not persuasive.
Applicant appears to argue that “There is no enclosure shown, no outside-the-enclosure assembly step, and no subassembly created outside a pack that is then inserted into an enclosure” (pg 6). Examiner respectfully disagrees, as the argument is not commensurate with the scope of the instant claim 1.
Claim 1 currently does not require a battery pack enclosure, and further does not require the subassembly to be inserted into the battery pack enclosure as argued. Since Kristy discloses wherein multi-cell arrangement 3000 is formed having a thermally insulating multilayer sheet 100 comprising an adhesive layer is located in between an array of cells (Fig 4; [0013, 0026-0027]), wherein two to ten thermally insulating multilayer sheets can be disposed on (adhesive facing out) or adhered to a pouch cell, or both [0028], it appears that the claimed securing steps and providing a battery cell subassembly step are met.
Regarding the argument that Kristy does not disclose wherein thermal barrier extends vertically past an uppermost surface of the first battery cell and the second battery cell to contact an underside of the battery pack enclosure, Kristy discloses wherein the thermally insulating multilayer sheet 100 can be placed, adhered, or a combination thereof at the top, in between, below, adjacent, or a combination thereof the sides of unconnected array 500 [0028-0030]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the thermal barrier to extend vertically past an uppermost surface of the first battery cell and the second battery cell to contact an underside of the battery pack enclosure, with a reasonable expectation to prevent cascading thermal runaway events from occurring [0018-0019].
Regarding the argument that the thermal barrier is not a metal or metal alloy, Examiner notes that a new reference (Rhee) teaches a thermal barrier comprising a metal such as stainless steel (see rejection below).
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.
Claim(s) 1-2, and 7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kristy (WO2022155056A1, US equivalent US20240088483A1 was used for citation, previously cited).
Regarding claim 1, Kristy discloses a method of assembling a battery pack (multi-cell arrangement 3000 in Fig 4), comprising:
outside of a battery pack enclosure, securing at least one first battery cell (cell 300 in Fig 2-4) to a first side of a thermal barrier (thermally insulating multilayer sheet 100; see Fig 2-4); and
securing at least one second battery cell (second cell 400) to an opposite, second side of the thermal barrier (thermally insulating multilayer sheet 100; see Fig 2-4); and
providing a battery cell subassembly (cell assembly 1000,2000 in Fig 2,3) with the thermal barrier (thermally insulating multilayer sheet 100; see Fig 2-4) sandwiched between the at least one first battery cell and the at least one second battery cell (see Fig 2-4; [0027])
Regarding claim 2, Kristy discloses the method of claim 1, wherein the at least one first battery cell and the at least one second battery cell are each pouch cells [0027-0028].
Regarding claim 7, Kristy discloses the method of claim 1, wherein, during the securing, the thermal barrier (thermally insulating multilayer sheet 100) is vertically between the at least one first battery cell and the at least one second battery cell (cells 300, 400; see Fig 2-4).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3,5-6 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristy (WO2022155056A1, US equivalent US20240088483A1 was used for citation)
Regarding claim 3, Kristy discloses the method of claim 1, further comprising securing the at least one first battery cell to the first side using an adhesive tape (i.e., adhesive layer 30 of Fig 1A). Kristy further discloses that one or more adhesive layers can be present between each layer, between a layer and the electrochemical cell, between any two layers or between a layer and the electrochemical cell [0025] and that the thermally insulating multilayer sheet can be placed at the top, in between, below, adjacent, or a combination thereof the sides of the cells or unconnected arrays in the battery, a portion thereof, or a selected set of cells or unconnected arrays in the battery [0029].
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added an adhesive layer between the second battery cell and the second side, with a reasonable expectation to adhere two sides [0023,0025] and further prevent thermal runaway of the battery [0019].
Regarding claim 5, Kristy discloses the method of claim 1. Kristy further discloses in Fig 4, an assembly comprising “more than two cells” as claimed [0027, 0031]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the battery subassembly of Figs 2,3 to include “two first battery cells and two second battery cells” as claimed, with a reasonable expectation to provide a battery cell subassembly having high energy density with improved flame resistance [0019].
Regarding claim 6, Kristy discloses the method of claim 1, comprising at least one first battery cell and at least one second battery cell. Kristy discloses that the battery assembly is capable of preventing cascading thermal runaway events from occurring [0030] and the thermally insulating multilayer sheets can be used in batteries for electric vehicles, hybrid vehicles [0080].
While Kristy does not explicitly disclose wherein the at least one first battery cell and the at least one second battery cell are “battery cells of a traction battery pack” as claimed, it would have been obvious for a person having ordinary skill in the art to have used the battery cells for a traction battery pack with a reasonable expectation to prevent inducing a thermal runaway propagation reaction in adjacent cells with potential to cause a cascading effect that can ignite the entire battery [0003, 0018] (see MPEP § 2143, D.)
Regarding claim 8, Kristy discloses the method of claim 6, wherein the battery cell subassembly is a first battery cell subassembly. While Kristy in Fig 2-4 does not disclose the battery cell subassembly “further comprising positioning the first battery cell subassembly alongside a second battery cell subassembly to establish at least a portion of a cell stack” as claimed, Kristy in Fig 5 discloses a battery 4000 containing a plurality of cells in a plurality of cell arrays 500 [0028].
Thus, it would have been obvious for a person having ordinary skill in the art to have added a second subassembly such as the one in Fig 5, with a reasonable expectation to provide a battery assembly having high energy density with high fire resistance [0019].
Regarding claim 9, Kristy discloses the method of claim 7. While Kristy in Fig 2-4 does not disclose wherein the first battery cell subassembly is positioned horizontally alongside a second battery cell subassembly, Kristy in Fig 5 shows battery 4000 comprising a plurality of cell arrays 500 positioned horizontally next to each other [0028].
It would have been obvious for a person having ordinary skill in the art to have added another cell array (i.e., the claimed second battery cell assembly) horizontally alongside the first battery cell assembly, with a reasonable expectation to provide a battery assembly having high energy density with high fire resistance [0019].
Regarding claim 10, Kristy discloses the method of claim 7. While Kristy in Fig 2-4 does not disclose wherein the first battery cell subassembly is positioned horizontally alongside a second battery cell subassembly within a battery pack enclosure, Kristy in Fig 5 shows wherein a battery 4000 comprises a plurality of cell arrays 700 positioned horizontally alongside and inside a housing 800 ([0028, 0115-0116]; Fig 5).
Thus, it would have been obvious for a person having ordinary skill in the art to have added another cell array (i.e., the claimed second battery cell assembly) horizontally alongside the first battery cell assembly within a battery pack enclosure (i.e., housing 600 in Fig 5 - Kristy), with a reasonable expectation to provide a battery assembly with high energy density and high thermal resistance (Fig 5; [0024]).
Regarding claim 11, Kristy discloses the method of claim 9. Kristy further discloses wherein the thermally insulating multilayer sheet 100 be disposed on/in a cell during manufacture of the cell (e.g., on the interior facing the electrodes or exterior facing outside of the battery) [0028] and thermally insulating multilayer sheet 100 may be placed, adhered, or a combination thereof at the top, in between, below, adjacent, or a combination thereof the sides of unconnected array 500, a portion thereof, or a selected cell of unconnected arrays in the battery 4000 [0028 Kristy].
As such, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added the thermally insulating multilayer sheet such that it extends vertically past an uppermost surface of the first battery cell and the second battery cell to contact an underside of the battery pack enclosure (e.g., the insulating multilayer sheet 100 extending over the upper surfaces of the battery cells in Fig 5), with a reasonable expectation to provide a battery pack with improved thermal insulation and flame resistance [0019].
Regarding claim 12, Kristy discloses the method of claim 11, wherein the thermal barrier is a first thermal barrier (i.e., thermally insulating multilayer sheet 100 in Fig 2,4). Kristy further discloses that the thermally insulating multilayer sheet may be placed, adhered, or a combination thereof at the top, in between, below, adjacent, or a combination thereof the sides of arrays, a portion thereof, or a selected cell of arrays in the battery to delay or prevent thermal runaway [0028, 0032, 0081]. Thus, it would have been obvious for a person having ordinary skill in the art to have added “a second thermal barrier vertically above the at least one first battery cell and the underside of the battery pack enclosure” with a reasonable expectation to delay or prevent thermal runaway of the battery pack [0032, 0081].
Regarding claim 20, Kristy discloses the method of claim 1.
In Fig 5, Kristy further discloses battery 4000 comprising a plurality of unconnected arrays inside a housing or cell carrier 600 [0028], wherein the plurality of unconnected arrays is positioned alongside each other (i.e., see upper and lower array in Fig 5) within the battery pack enclosure.
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a step of inserting the battery subassembly into the battery pack enclosure and positioning the battery subassembly alongside at least one other battery cell assembly within the battery pack enclosure to establish at least a portion of a cell stack, as claimed, with a reasonable expectation to form a battery pack with improved thermal insulation and flame resistance [0019].
Regarding claim 21, Kristy discloses the method of claim 20. Kristy further discloses wherein
the thermally insulating multilayer sheets may be disposed on/in a cell during manufacture of the cell (e.g., on the interior facing the electrodes or exterior facing outside of the battery) [0028] and thermally insulating multilayer sheet 100 may be placed, adhered, or a combination thereof at the top, in between, below, adjacent, or a combination thereof the sides of unconnected array 500, a portion thereof, or a selected cell of unconnected arrays in the battery 4000 [0028 Kristy].
As such, a person having ordinary skill in the art would reasonably envisage when the thermally insulating multilayer sheets are provided on the interior and exterior of the battery and are at the top, in between, below, adjacent of the sides of unconnected array 500 of the battery 4000, the insulating multilayer sheets would necessarily control the positioning of the battery subassembly by locating off the thermal barrier of each battery cell subassembly (note: locating off interpreted as being “situating near”).
Regarding claim 22, Kristy discloses a method of assembling a battery pack, comprising:
outside of a battery pack enclosure, assembling a battery cell subassembly (multi-cell arrangement 3000) by stacking a first battery cell (cell 300), a thermal barrier (thermally insulating multilayer sheet 100), and a second battery cell (cell 400) vertically such that the thermal barrier is vertically between the first battery cell and the second battery cell during the stacking (see Fig 4);
securing the first battery cell to a first side of the thermal barrier and securing the second battery cell to an opposite second side of the thermal barrier (see Fig 4; [0027])
Kristy further discloses a battery 4000 in Fig 5, comprising a plurality of unconnected arrays 500 (i.e., unconnected cells [0028]) formed inside a housing or cell carrier 600 [0028]. It would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a step of “inserting the battery cell subassembly into the battery pack enclosure”, with a reasonable expectation to form a battery having thermal insulation and flame resistance [0019].
Regarding the limitation of “wherein inserting includes reorienting the battery cell subassembly from a vertical orientation used during the stacking to a horizontal orientation within the battery pack enclosure”, Examiner notes that mere reversal or rearrangement of parts were held to be an obvious modification (see MPEP 2144.04, VI, A,C).
Regarding claim 24, Kristy discloses the method of claim 22. Kristy further discloses wherein the
that the thermally insulating multilayer sheets may be disposed on/in a cell during manufacture of the cell (e.g., on the interior facing the electrodes or exterior facing outside of the battery) [0028]. As such, a person having ordinary skill in the art would reasonably envisage when the thermally insulating multilayer sheets are provided on the exterior are inserted into the battery pack enclosure (e.g., cell carrier 600 in Fig 5), it would necessarily brace and support the first and second battery cell as the battery cell subassembly is moved from outside the battery pack enclosure to inside the battery pack enclosure.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristy (WO2022155056A1, US equivalent US20240088483A1 was used for citation) as applied to claim 1 above, and further in view of Rhee (US20220069377A1).
Regarding claim 4, Kristy discloses the method of claim 1. Kristy further discloses wherein the thermal barrier comprises a foam layer, a flame retardant component, an elastomeric barrier [0032-0075-Kristy], but does not disclose wherein the thermal barrier is a metal thermal barrier.
In this regard, Rhee also teaches a battery module comprising thermal barrier, wherein the thermal barrier includes heat resistant layers and a rigid mechanical layer made of a material selected from a list comprising steel [0016] having a melting point of 150 ° C. or higher [0030-Rhee], wherein such rigid mechanical layer serves to maintain morphological stability of the thermal barrier under a thermal runaway situation and to maintain mechanical rigidity to prevent oil or particles from propagating to adjacent battery cells [0052-0054 Rhee]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a rigid mechanical layer made of stainless steel with a reasonable expectation to provide morphological stability in a thermal runaway situation and to maintain mechanical rigidity preventing contaminants from propagating to adjacent battery cells [0052 Rhee].
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristy (WO2022155056A1, US equivalent US20240088483A1 was used for citation) as applied to claim 22 above, and further in view of Rhee (US20220069377A1).
Regarding claim 23, Kristy discloses the method of claim 22. Kristy further discloses that one or more adhesive layers can be present between each layer, between a layer (i.e., layer of thermally insulating multilayer sheet) and the electrochemical cell, between any two layers or between a layer and the electrochemical cell [0025]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a step of applying adhesive tape during the securing step, with a reasonable expectation to adhere pouch cells and the thermal barrier.
Kristy further discloses wherein the thermal barrier comprises a foam layer, a flame retardant component, an elastomeric barrier [0032-0075-Kristy], but does not disclose wherein the thermal barrier is a metal thermal barrier.
In this regard, Rhee also teaches a battery module comprising thermal barrier, wherein the thermal barrier includes heat resistant layers and a rigid mechanical layer made of a material selected from a list comprising steel [0016] having a melting point of 150 ° C. or higher [0030-Rhee], wherein such rigid mechanical layer serves to maintain morphological stability of the thermal barrier under a thermal runaway situation and to maintain mechanical rigidity to prevent oil or particles from propagating to adjacent battery cells [0052-0054 Rhee]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a rigid mechanical layer made of stainless steel with a reasonable expectation to provide morphological stability in a thermal runaway situation and to maintain mechanical rigidity preventing contaminants from propagating to adjacent battery cells [0052 Rhee].
Claim(s) 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristy (WO2022155056A1, US equivalent US20240088483A1 was used for citation), in view of Rhee (US20220069377A1).
Regarding claim 25, Kristy discloses a method of assembling a battery pack, comprising:
outside of a battery pack enclosure, using a fixture (note: fixture interpreted as something that is fixed or attached as a structural part; i.e., adhesive layer of the multilayer sheet 100 disposed between the battery cells; see Fig 4) to align a first battery cell, a thermal barrier, and a second battery cell such that a surface of each of the first battery cell, the thermal barrier, and the second battery cell that will serve as a vertical bottom of a battery cell subassembly when positioned within the battery pack enclosure are aligned with one another (e.g., when placed in cell carrier 600 in Fig 5)
securing the first battery cell to a first side of the metal thermal barrier and the second battery cell to an opposite second side of the thermal barrier to provide the battery cell subassembly (see Fig 4 [0026-0028]).
Kristy does not disclose wherein the thermal barrier is a metal thermal barrier, as claimed.
In this regard, Rhee also teaches a battery module comprising thermal barrier, wherein the thermal barrier includes heat resistant layers and a rigid mechanical layer made of a material selected from a list comprising steel [0016] having a melting point of 150 ° C. or higher [0030-Rhee], wherein such rigid mechanical layer serves to maintain morphological stability of the thermal barrier under a thermal runaway situation and to maintain mechanical rigidity to prevent oil or particles from propagating to adjacent battery cells [0052-0054 Rhee].
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a rigid mechanical layer made of stainless steel with a reasonable expectation to provide morphological stability in a thermal runaway situation and to maintain mechanical rigidity preventing contaminants from propagating to adjacent battery cells [0052 Rhee].
Kristy further discloses wherein the battery includes a battery case housing one or more cells or unconnected arrays ([0029]; see Fig 5). As such, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have inserted the battery cell subassembly into the battery pack enclosure, with a reasonable expectation to form a battery having thermal insulation and flame resistance [0019].
Regarding claim 26, modified Kristy discloses the method of claim 25. Kristy further discloses wherein the thermally insulating multilayer sheet 100 can be placed at the top, in between, below, adjacent, or a combination thereof the sides of the cells or unconnected arrays in the battery, a portion thereof, or a selected set of cells or unconnected arrays in the battery [Kristy 0029].
As such, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added the thermally insulating multilayer sheet on an upperside of the battery cells and an underside of an enclosure cover of the battery pack enclosure (see Fig 5) with a reasonable expectation to form a battery having thermal insulation and flame resistance [Kristy 0019].
Regarding claim 27, modified Kristy discloses the method of claim 25. Kristy further discloses wherein the thermally insulating multilayer sheet 100 can be placed at the top, in between, below, adjacent, or a combination thereof the sides of the cells or unconnected arrays in the battery, a portion thereof, or a selected set of cells or unconnected arrays in the battery [Kristy 0029]. As such, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have added a step of positioning a second thermal barrier between an uppermost surface of the first battery cell and an underside of an enclosure cover of the battery pack enclosure, with a reasonable expectation to form a battery having thermal insulation and flame resistance [Kristy 0019]. Regarding the limitation “to shield the enclosure cover from vent byproducts released from the first battery cell or the second battery cell”, Examiner notes that such claim is an intended use limitation that does not impart additional structure to the battery pack. Since Kristy discloses a first and second battery cell and a thermal barrier between an uppermost surface of the first battery cell and an underside of an enclosure cover of the battery pack enclosure (modified above), the thermal barrier appears to be capable of shielding the enclosure cover from vent byproducts released from the first battery cell or the second battery cell (See MPEP 2114-II).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/T.S./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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