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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/403,445, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. See MPEP 211.05A
Regarding claims 1 and 11, an internal coolant circuit is not disclosed in the provisional application 63/403,445.
Regarding claims 3-4, 8-9, 14-15, 19-20, the serpentine configuration of the cooling channels, a heat exchanger portion configured as a mixed material laminate extending between the upper and lower structural beams and a heat exchanger portion comprising of the internal cooling circuit are not disclosed in the provisional application 63/403,445.
Regarding claims 5-6, 16-17 pultrusion, T-shaped cross-section of the structural beam members are not disclosed in the provisional application 63/403,445.
Regarding claim 13, a coolant hose for connecting coolant circuits is not disclosed in the provisional application 63/403,445.
Additionally, claims 2-10 and 12-20 are not supported by the provisional application 63/403,445 as a result of their dependency on unsupported claims, as set forth above, as they include all of the limitations of said claims. These dependent claims with said limitations are therefore not entitled to the benefit of prior application.
Accordingly, claims 1-20 are not entitled to the benefit of the prior application.
Specification
The disclosure is objected to because of the following informalities:
The phrase “heat syncs” in paragraph 0043 should be “heat sinks”.
Appropriate correction is required.
Claim Objections
Claims 1, 6, 11, 13-14, 17 and 20 are objected to because of the following informalities:
Claims 1, 11, 14 and 20 recite an internal coolant circuit, whereas claim 13 recites both an internal coolant circuit and a second internal coolant circuit. Claims 1, 11, 13, 14 and 20 need to be further distinguished to clearly identify the internal cooling circuits of the first and the second cross member assembly. Therefore “internal coolant circuit” in line 6 of claims 1 and 11, line 2 of claim 13, line 1 of claim 14 and line 2 of claim 20 should be corrected to “first internal coolant circuit”
Claims 6 and 17 recite “the upper structural beam member establishes a first pultrusion of the first cross-member assembly, and the lower structural beam member establishes a second pultrusion of the first cross-member assembly”. The above recitation is ambiguous. Suggested correction should read “upper structural beam member is a pultrusion of the first cross-member assembly, and the lower structural beam member is a pultrusion of the first cross-member assembly.”
Appropriate correction is required.
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.
Claim(s) 1-2, 4-5, 9-12, 15-16, 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kalmbach et al (US 2020/0136203 A1).
Regarding Claim 1, Kalmbach teaches a traction battery traction pack (traction battery – [0003] and (1) in annotated Fig 4, note that Kalmbach uses terms “traction battery” and “accumulator assembly” interchangeably, see [0003]) comprising a first cross-member assembly (see annotated figure 4), a first cell stack (see annotated figure 4, battery block; made up of battery cells [0008]) supported by the first cross member assembly (battery blocks are disposed between a cross-member assembly; see annotated figure 4), wherein the first cross-member assembly (see annotated figure 4) includes an internal coolant circuit (pores 8 in annotated figure 4) configured to thermally manage a plurality of battery cells (the pores are contained within an intermediate insert contained within a cooling element that is configured to dissipate heat from the battery cells [0008]-[0009]) of the first cell stack (see annotated figure 4, battery block; made up of battery cells [0008]).
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Regarding Claim 2, Kalmbach teaches all the claim limitations as set forth above, and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the first cross-member assembly (see annotated figure 4) separates the first cell stack (see annotated figure 4, battery block; made up of battery cells [0008]) from a second cell stack (see annotated figure 4) of the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4). Kalmbach teaches the first cell stack and a second cell stack as two battery blocks made up of battery cells 2 separated by cooling element 4 which is contained within the cross-member assembly (see annotated figure 4).
Regarding Claim 4 Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the first cross-member assembly (see annotated figure 4) includes an upper structural beam member (cell holding collar 12 [0036] and annotated figure 4), a lower structural beam member (cell holding collar 12 [0036] and annotated figure 4) and a heat exchanger portion (intermediate insert 7 having a honeycomb type structure [0030]) extending between the upper structural beam member (cell holding collar 12 [0036] and annotated figure 4) and the lower structural beam member (cell holding collar 12 [0036] and annotated figure 4).
Regarding Claim 5, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4); wherein each of the upper structural beam member (cell holding collar 12 [0036] and annotated figure 4) and lower structural member (cell holding collar 12 [0036] and annotated figure 4) includes a T-shaped cross-section (see annotated figure 4).
Regarding Claim 9, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the heat exchanger portion (intermediate insert 7 having a honeycomb type structure [0030]) includes the internal coolant circuit (pores 8 in annotated figure 4). Kalmbach teaches that the intermediate insert is made up of the pores [0030].
Regarding Claim 10, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4) comprising a thermal interface material (heat conducting structure 10 comprising two compression plates 11a and 11b [0035]) disposed between the first cell stack (see annotated figure 4, battery block; made up of battery cells [0008]) and the first cross-member assembly (see annotated figure 4). Kalmbach teaches heat conducting structure 10 comprising of two compression plates 11a and 11b interfacing with the bearing faces 9a and 9b of battery cells 2 which make up the first cell stack and interfacing with intermediate inserts 7 contained within the cooling device 3 (see [0035]); cooling device is contained within the first-cross member assembly as set forth in annotated figure 4.
Regarding Claim 11, Kalmbach teaches a traction battery traction pack (traction battery – [0003] and (1) in annotated Fig 4, note that Kalmbach uses terms “traction battery” and “accumulator assembly” interchangeably, see [0003]) comprising, a first cell stack (see annotated figure 4, battery block; made up of battery cells [0008]), a second cell stack (see annotated figure 4) and a first cross-member assembly (see annotated figure 4) arranged between the first cell stack and the second cell stack (see annotated figure 4), wherein the first cross-member assembly (see annotated figure 4) includes an internal coolant circuit (pores 8 in annotated figure 4) configured to thermally manage a plurality of battery cells (the pores are contained within an intermediate insert contained within a cooling element that is configured to dissipate heat from the battery cells [0008]-[0009]) of the fist cell stack (see annotated figure 4, battery block; made up of battery cells [0008]) and the second cell stack (see annotated figure 4).
Regarding Claim 12, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4) comprising a second cross-member assembly (see annotated figure 4) positioned on an opposite side of the second cell stack from the first cross-member assembly (see annotated figure 4). Kalmbach teaches respective cell stacks (battery block) established side by side with a cooling element which makes up a cross-member assembly (see [0016]). In this configuration, a second-cross member assembly would be positioned on an opposite side of a neighboring cell stack.
Regarding Claim 15, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4) and wherein the first cross-member assembly (see annotated figure 4) includes an upper structural beam member (cell holding collar 12 [0036] and annotated figure 4), a lower structural beam member (cell holding collar 12 [0036] and annotated figure 4), and a heat exchanger portion (intermediate insert 7 having a honeycomb type structure [0030]) extending between the upper structural beam member (cell holding collar 12 [0036] and annotated figure 4) and the lower structural beam member (cell holding collar 12 [0036] and annotated figure 4). Regarding Claim 16, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4); wherein each of the upper structural beam member (cell holding collar 12 [0036] and annotated figure 4) and lower structural member (cell holding collar 12 [0036] and annotated figure 4) includes a T-shaped cross-section (see annotated figure 4).
Regarding Claim 20, Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the heat exchanger portion (intermediate insert 7 having a honeycomb type structure [0030]) includes the internal coolant circuit (pores 8 in annotated figure 4). Kalmbach teaches that the intermediate insert is made up of the pores (see [0030]).
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.
Claims 3, 8, 13, 14, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kalmbach et al (US 2020/0136203 A1) in view of Zagrodnik (US 2023/0054839 A1).
Regarding Claims 3, 8, 14 and 19, Kalmbach teaches all the claim limitations as set forth above and further teaches a traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the internal coolant circuit (pores 8 in annotated figure 4), includes a plurality of cooling channels (note that pores 8 inherently will form channels through which the coolant can flow, [0030]) ) and the heat exchanger portion (intermediate insert 7 having a honeycomb type structure [0030 comprising foam-type material composite [0010]).
Kalmbach does not teach said cooling channels arranged to establish a serpentine path and heat exchanger portion configured as laminate.
Regarding Claims 3, 8, 14 and 19, Zagrodnik teaches a traction battery pack (battery pack core 206; [0042]) comprising of first and second cell stacks (one or more districts 230; [0042]). Zagrodnik further teaches wherein the internal coolant circuit (cold plates 236 – figure 2E, 336 – figure 3B, 436 – figure 4; configured to regulate the temperature of battery cells contained in a battery pack core 206 (see [0050]) includes a plurality of cooling channels (flexible, polymer-based pouch defining a cooling channel [0051]) arranged to establish a serpentine path (cooling channel may include a serpentine path (figure 3b, figure 4, and [0051]). Zagrodnik further teaches that the serpentine configuration of the cooling channel of the cold plate would provide a selected heat transfer from the battery cells to the cooling liquid (see [0059]).
KSR Rationale B (MPEP § 2141) states that it is obvious to perform “simple substitution of one known element for another to obtain predictable results”. In the instant case, both heat exchangers, honeycomb of Kalmbach and plates comprising serpentine channels of Zagrodnik are known to effectively remove heat from battery stacks (see Kalmbach [0009] and Zagrodnik [0059]). Kalmbach and Zagrodnik are analogous art to the claimed invention as both references are in the same field of battery stack for use in vehicles. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the honeycomb heat exchanger of Kalmbach with the heat exchanger plates comprising serpentine channels of Zagrodnik, and obtain the predictable result of effectively cooling the traction battery pack of Kalmbach.
Further regarding claims 8 and 19, modified Kalmbach further teaches cold plates 436 which includes a cooling channel 437 (see Zagrodnik figure 4) wherein the cold plate 436 has a thin wall polymer and wherein the cold plates may be formed by adhering or thermally welding two polymer sheets to define a cooling channel which reads on a laminate (see Zagrodnik [0060]).
While modified Kalmbach does not disclose said laminate being mixed material laminate, the reference discloses that cold plates may be formed from different polymers to achieve a desired flexibility and/or the conductivity to allow for expansion of one or more adjacent pouch cell batteries and/or to insulate adjacent battery cells (see Zagrodnik [0051]).
It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to use mixed material composition of various polymers as the laminate of the heat exchange portion with to obtain heat exchange portion with desired flexibility and/or conductivity.
Regarding Claim 13, Kalmbach teaches all the claim limitations as set forth above and
further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4),
the internal coolant circuit (pores 8 in annotated figure 4), the first cross-member assembly (see
annotated figure 4), a second internal coolant circuit (pores 8 in annotated figure 4) and the
second cross-member assembly (see annotated figure 4), coolant hose (a fluid distributor and a fluid collector; see [0018]).
Kalmbach is silent on the coolant hose fluidly connecting the internal coolant circuit of the first cross-member assembly to a second internal coolant circuit of the second cross-member assembly.
Zagrodnik teaches a traction battery pack (battery pack core 206; [0042]) comprising of
first and second cell stacks (one or more districts 230; [0042]). Zagrodnik further teaches
internal coolant circuit (cold plates 236 – figure 2E, 336 – figure 3B, 436 – figure 4; configured to
regulate the temperature of battery cells contained in a battery pack core 206 (see [0050]).
Zagrodnik further teaches a coolant hose (fluid delivery and return channels; [0062]; Figure 6A-
6B) for fluidly coupling a fluid delivery channel and a fluid return channel of an internal coolant
circuit (cold plate 536) to another internal coolant circuit which are defined by a cross-member
assembly (retaining seat, see [0062]). Zagrodnik further teaches that the fluid delivery channel
may be coupled to cooling circuits defined by a retaining seat such that fluid delivery channel
does not extend into respective district or cell stack and thus simplify the manufacture design of
the battery pack (see [0071]).
Kalmbach and Zagrodnik are analogous art to the claimed invention as both references
are in the same field of battery stack for use in vehicles. Therefore, it would have been obvious
to one of ordinary skill in the art before the effective filing date of the claimed invention to have
modified the fluid distributor and fluid collector of Kalmbach with the fluid delivery and return channel design of Zagrodnik to fluidly connect the internal coolant circuit of the first cross-member assembly to a second internal coolant circuit of the second cross-member assembly to simplify the fluid delivery process by ensuring that the cooling fluid is passed through multiple cell stacks at a time and to eliminate the need for cooling elements to extend into respective districts or cell stacks and thus simplify the manufacture/design of the traction battery pack.
Claims 6, 7, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kalmbach et al (US 2020/0136203 A1) in view of Stephens (US 2020/0398652 A1).
Regarding Claims 6 & 17, Kalmbach teaches all of the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4]), the upper structural beam member (cell holding collar 12 [0036] and annotated figure 4), the first cross-member assembly (see annotated figure 4), the lower structural beam member (cell holding collar 12 [0036] and annotated figure 4),
Kalmbach does not teach wherein the upper structural beam member establishes a first pultrusion of the first cross-member assembly, and the lower structural beam member establishes a second pultrusion of the first cross-member assembly.
Stephens teaches a traction battery pack (battery tray 10, Figure 2), first cross member assembly (cross member portions 48, which extends from the base portion of the tray and may support the battery weight and may serve as a contamination barrier between sections of the battery containment area [0043]), cell stacks (battery modules 14, [0037]), internal coolant circuit (integrated coolant channel 23 [0043]; configured to draw heat away from the battery modules disposed in the battery containment area [0007]), heat exchanger portion (integrated cross member 48” which has integrated coolant channel 23; [0043]), lower structural beam member (base portion 40; [0042]). Stephen further teaches the battery pack tray floor structure may be formed by pultruding various types of fibers through a resin to achieve a composite structure. The resulting pultruded tray floor structure can be configured to have channels for pipes and liners [0039]. Stephens also teaches that the pultruded battery tray may have similar cross-sectional profile for consistency [0041] which would result in minimal damage upon impact or during operation of the vehicle in extreme climate due to the strength of the pultruded composite (see [0003]).
Kalmbach and Stephens are analogous art to the claimed invention as both references are in the same field of battery stacks for use in vehicles Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper and lower structural beam members of Kalmbach to establish a first and second pultrusion respectively with the first cross-member assembly via the pultrusion method taught by Stephens to achieve a composite structure which would allow for the pultruded structure to be configured for alternative purposes such as having channels for pipes and liners for the coolant and to minimize damage to the battery tray upon collision or operation of the vehicle in extreme climate conditions.
Regarding Claims 7 and 18, modified Kalmbach teaches all the claim limitations as set forth above and further teaches the traction battery pack (traction battery – [0003] and (1) in annotated Fig 4), wherein the upper structural beam member (a cell holding collar 12 [0036] and annotated figure 4) includes an upper plateau (support collar 15 [0036]; annotated figure 4) that interfaces with an upper enclosure structure (housing [0036]), and the lower structural beam member (cell holding collar 12 [0036] and annotated figure 4) includes a lower base (support collar 15 [0036]; annotated figure 4) that interfaces with a lower enclosure structure (housing [0036]).
Conclusion
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/F.V.O./Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725