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 § 112
Claims 1-4 and 6-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Here, the amendment to claim 1, requiring cooling liquid, rather than cooling water, located in lines 9, 19, 20, 22, and 24, constitutes new matter, as the subject matter of “cooling liquid” is not properly described in the application as filed.
The specification provides support for cooling water within the summary of the invention (Paragraph 021, “and a cooling passage which passes through the cooling blocks adjacent to each other and in which cooling water flows”), where the remainder of the specification directed towards the applicant’s invention is solely directed towards the use of cooling water, without a discussion of other coolants beyond water. Additionally, the portion of the specification directed towards related art discusses cooling devices other than water cooling-types, specifically discussing refrigerant-types which use a cooling fluid, and air-types using cooling air (Paragraph 013, “Such a battery cooling device is roughly classified into an air cooling-type using air, a water cooling-type using cooling water, and a refrigerant type using a refrigerant according to a cooling fluid.”). Here, the scope of air does not overlap with a cooling liquid, as air is in the gaseous state of matte, while a liquid is in the liquid state of matter. Further, a refrigerant-type cooling fluid is understood as one ordinarily skilled in the art as being a cooling substance which transitions between liquid and gaseous states, and therefore would not be characterizable as solely a liquid. Accordingly, there is reason to believe that the written description of the applicant’s invention at the time of filing did not include the subject matter of a “cooling liquid”, and therefore the amendment to require a cooling liquid therefore comprises new subject matter.
Additionally, Claims 2-4 and 6-8 are rejected as a result of their dependence on claim 1.
Response to Arguments
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive.
The applicant asserts that Wunsche fails to disclose the features of the combination of “a lower panel, the lower panel having a lower panel thickness less than an upper panel thickness of the upper panel”, and the feature “wherein a lower surface of the upper panel is connected to the side walls by a weld connection”.
The applicant asserts that the combination of said features results in the lower panel being structurally weaker and thus failing first when damage occurs, so that the coolant is directed downward to avoid short circuits or fires, and that said feature, in combination with the other claimed features are not disclosed by Wunsche. These arguments have been fully considered but are not persuasive.
In regards to the feature “a lower panel, the lower panel having a lower panel thickness less than an upper panel thickness of the upper panel”, though Wunsche fails to disclose this feature, it is addressed in the rejection below in view of Sekiya.
In regards to the feature “wherein a lower surface of the upper panel is connected to the side walls by a weld connection” Wunsche depicts their cooling block 270 comprising upper panels connected to the plural side panels in their figure 6, but Wunsche fails to disclose structure wherein this connection is specifically a weld connection, as is required by the instant claim. However, Wunsche does disclose the use of welding as an appropriate method of interconnectivity of their module frame (Paragraph 0062, “The assembly of module front plates 63.1 and module side plates 64.1 is called the module frame. The joining of the module frame can e.g. be done by welding.”). Accordingly, where Wunsche discloses the use of welding as an appropriate joining method to interconnect multiple plates of another component of their invention, it would be obvious to one ordinarily skilled in the art to make use of welding to connect the side panels of the upper and plural side panels, thereby reading upon and making obvious the limitations of the instant claim.
In regards to the feature that the combination of said features results in the lower panel being structurally weaker and thus failing first when damage occurs, so that the coolant is directed downward to avoid short circuits or fires, it is noted that though this limitation is not required in regards to claim 1, a limitation which has generally similar requirements is presented in the amended claim 8. Here, in regards to claim 8, Wunsche does disclose structure which satisfies the limitation, as presented in the rejection below.
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.
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) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wunsche (EP 3584877 A1), in view of Sekiya (US PGPUB 20190372185 A1).
Regarding Claim 1, Wunsche is an analogous art to the claimed invention, disclosing a battery module cooling structure (Abstract, “The present invention relates to a battery pack including a frame profile with integral coolant circuit elements…”) which comprises a plurality of battery modules and a plurality of cooling blocks arranged adjacent to the battery modules and configured to cool the battery modules (Abstract, “The battery pack includes one or more battery modules and a liquid cooling circuit comprising one or more cooling plates being in thermal contact with the battery module.”; Paragraph 0042, “Among others, the liquid cooling circuit of the battery pack 10 includes cooling plates 270 being in thermal contact with the battery modules 100.”).
Additionally, Wunsche discloses structure which comprises a frame that surrounds the peripheries of the battery cell modules (Paragraph 0041, “Fig. 3 illustrates a perspective view on a metal framework 200 for accommodation and supporting of a plurality of battery modules 100 according to an embodiment of the present invention. The framework 200 includes a first frame profile 210 and a second frame profile 220.”), and a partition member disposed between the battery modules of the plurality of battery modules to form a boundary between the plurality of battery modules (Paragraph 0041, “Furthermore, a number of crossbars 250 subdivides the interior space encompassed by the frame profiles 210, 220, 240, 242 into seven sections 260. Each of these sections 260 may accommodate up to eight battery modules 100”).
Additionally, Wunsche discloses structure which comprises a cooling passage which passes through the cooling blocks adjacent to each other (Paragraph 0046, “As further illustrated in the cross-sectional view of Fig. 6 , the cooling plate 270 comprises a passage 271 for a cooling liquid.”), in which a cooling liquid flows.
Additionally, as depicted in Wunsche’s figure 6, the cooling passage 271 is located below the partition member 250, further comprising an upper panel, a lower panel, and a side wall connecting the upper panel and the lower panel. Here, Wunsche fails to disclose structure where the lower panel has a lower panel thickness less than an upper panel thickness of the upper panel.
Therefore, we look to Sekiya, which is an analogous art to the claimed invention, disclosing a cooling structure for a vehicle battery which includes a battery module, a sheet/block through which heat is transferred, and a cooling water circulation pipe (Abstract, “A cooling structure for a vehicle battery includes a battery module, a heat transfer sheet, a cooling water circulation pipe line…”). Here, Sekiya discloses structure of a coolant system which comprises three metal panels, as can be seen in Sekiya’s figure 3B, where panels 21 and 22 are upper panels, and panel 23 is a lower panel. Sekiya further discloses the benefit of this structure to be that the multi-layered panel configuration allows for passages which contain cooling fluid held at different temperatures, one for obtaining heat from the battery, and the other for transferring heat outside the vehicle (Paragraph 0031, “The temperature control housing 13 consists of the three metal plates 21, 22, 23 which are formed by a drawing process, the outer shape of the temperature control housing 13 is formed by the metal plates 21, 23, and the inner space is divided into two inner spaces in the vertical direction by the metal plate 22. The upper internal space of the temperature control housing 13 is used as the cooling water storage section 35 for storing cooling water for cooling the vehicle battery 10. On the other hand, the lower internal space of the temperature control housing 13 is used as the cooling water storage chamber 36 in which cooling water for discharging heat to the outside of the vehicle 11 is kept therein stagnant, the heat being the heat generated when the individual battery cells 32 generate abnormal heat.”). Here, the structure of Sekiya therefore allows for a cooling system that effectively transfers heat to the cooling fluid, and has a contingency well if an abnormal heating event occurs.
Accordingly, it would therefore be obvious to one ordinarily skilled in the art to combine this teaching of Sekiya with the invention of Wunsche, thereby constructing an embodiment which comprises two layered upper panels and a single lower panel in the cooling plate. Here, where each of the three panels have the same thickness, as a result of being formed by a same process (Paragraph 0024, “As illustrated in FIG. 2A, the temperature control housing 13 consists of three metal plates 21 , 22 , 23 formed by a drawing process.”), the two upper panels, when considered a single upper panel assembly, therefore have a thickness that is greater than that of the single lower panel, thereby making obvious structure wherein the lower panel has a thickness which is less than an upper panel thickness of the upper panel assembly.
Additionally, Wunsche discloses structures wherein each of the plurality of cooling blocks further comprises a flange part configured to extend from a periphery of the respective upper panels of the plurality of cooling blocks (Paragraph 0036, “Tightness of the fluid connection of the cooling plate 270 and the frame profile 210 is ensured by a gasket 280 provided between the corresponding connection points 217 and 273.”), here the plurality of extending gaskets 280 attached to a single cooling block 270, depicted in Wunsche’s figure 6. Here, the gasket 280 extends to connect each of the cooling blocks to the first channel 215 (Paragraph 0043, “According to the illustrated embodiment, fluid communication is achieved by a vertical drill-hole extending from the lower side 212 into the first channel 215. The first channel 215, the second channel 216, and the connection point 217 are elements of an integral coolant structure, which is part of the liquid cooling circuit of the battery pack 10.”; Paragraph 0046, “As further illustrated in the cross-sectional view of Fig. 6 , the cooling plate 270 comprises a passage 271 for a cooling liquid. On an upper side 272 of the cooling plate 270 there is provided a connection point 273 which corresponds in size and position with the connection point 217 of the frame profile 210”), where the connection of the upper panels to the first channel 215 results in an interconnection between each adjacent respective upper panel. Here, as discussed above, the flange part includes an inlet hole defined therein (Paragraph 0026, “Tightness of the fluid connection of the cooling plate 270 and the frame profile 210 is ensured by a gasket 280 provided between the corresponding connection points 217 and 273.”) through which the cooling liquid is introduced and an outlet hole defined therein through which the cooling liquid is discharged.
Additionally, Wunsche discloses structure wherein an inlet pipe is coupled to an upper portion of the flange part, through which the cooling liquid is introduced (Paragraph 0043, “The first channel 215 is in fluid communication with a connection point 217.”), and an oppositely positioned outlet pipe coupled to the upper portion of the flange part and spaced apart from the inlet pipe, through which the cooling liquid is discharged (Paragraph 0061, “Therefore, the coolant plates 270.1 will also have respective first and second connection points 217.1 and 217.2 on the side facing the second frame profile 220.4. The first connection points 217.1 provided at opposite sides of the coolant plate 207.1 are in fluid communication by means of a first coolant passage 271.1.”).
Additionally, Wunsche discloses structure where the cooling passage 271 overlaps with the partition member 250, when viewed from a top down perspective of the embodiment shown in figure 6. Additionally, from a front facing perspective of figure 6, the cooling block 270 does not overlap with the partition member 250.
It is noted that the specification does not provide any definition for the term “overlap”. Accordingly, the term “overlap” is interpreted based on the dictionary definition of the term, which is “extend over so as to cover partly”. Based on this definition, any two components can be found to overlap by identifying a perspective where one covers another via an orthographic projection. Accordingly, for the purpose of this claim, it is interpreted as requiring that a perspective exist where the required overlap/not-overlap structure is present.
Additionally, in regards to the limitation that requires that a lower surface of the upper panel is connected to the side walls by a weld connection, Wunsche depicts their cooling block 270 comprising upper panels connected to the plural side panels in their figure 6, but Wunsche fails to disclose structure wherein this connection is specifically a weld connection, as is required by the instant claim. However, Wunsche does disclose the use of welding as an appropriate method of interconnectivity of their module frame (Paragraph 0062, “The assembly of module front plates 63.1 and module side plates 64.1 is called the module frame. The joining of the module frame can e.g. be done by welding.”). Accordingly, where Wunsche discloses the use of welding as an appropriate joining method to interconnect multiple plates of another component of their invention, it would be obvious to one ordinarily skilled in the art to make use of welding to connect the side panels of the upper and plural side panels, thereby reading upon and making obvious the limitations of the instant claim.
Regarding Claim 3, modified Wunsche makes obvious the invention of Claim 1. Additionally, Wunsche discloses structure wherein each of the plurality of cooling blocks is respectively coupled to a lower portion of the partition member, as depicted in Wunsche’s figure 6, which depicts a connection between the cooling blocks 270 and the lower portion of the partition member 250.
Regarding Claim 8, modified Wunsche makes obvious the invention of claim 1. Additionally, in regards to the limitation of the instant claim which requires that in the event that the battery module cooling structure is compromised and the cooling passage is ruptured, the cooling liquid is directed downward away from the battery modules, this structure is satisfied by Wunsche. Specifically, as the limitation requires “in the event that the battery module cooling structure is compromised and the cooling passage is ruptured”, it does not specify the nature or position of the cooling module compromise or rupture. Accordingly, if any possible cooling module compromise and rupture can lead to the required cooling liquid being directed away from the battery modules, then Wunsche’s invention reads upon the instant claim.
Wunsche’s figure 6 depicts the cooling passage 271 (Paragraph 0046, “the cooling plate 270 comprises a passage 271 for a cooling liquid.”), which flows underneath the battery cells, where the battery cells are placed in the sections 260 (Paragraph 0041, “Each of these sections 260 may accommodate up to eight battery modules 100”) located above the passages 271, as shown in Wunsche’s figure 3. Accordingly, if the battery module cooling structure is compromised and the cooling passage 271 is ruptured on an underside of the cooling passage 271, the cooling liquid which flows out of the rupture would flow downward, in a direction away from the battery cells 100, which are located on a top side of the cooling passage 271, thereby reading upon the limitation of the instant claim.
Claim(s) 2, 4, and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wunsche (EP 3584877 A1), in view of Sekiya (US PGPUB 20190372185 A1) as applied to claim 1 above, and further in view of Kwon (US 20200328486 A1).
Regarding Claim 2, modified Wunsche makes obvious the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires a gap maintaining part which allows the battery modules and the cooling blocks to be spaced apart from each other, extends from an inner surface of the frame, Wunsche fails to disclose said structure. Therefore, we look to Kwon, which is an analogous art to the instant application, disclosing a battery module that contains a structure in which a battery cell is efficiently cooled (Abstract, “The present disclosure relates to a battery module that has a filling portion transformed into a structure in which a battery cell is supported such that swelling pressure generated when swelling occurs is offset without an additional control, or a structure in which the battery cell is efficiently cooled.”). Here, Kwon discloses the use of predetermined gaps formed between cells and filling portions (Paragraph 0080, “Thus, the shape of the filling portion body 131 is transformed into the second form of FIG. 3 such that predetermined gaps may be formed between the battery cells 110 and the filling portions 130.”) where the predetermined gaps form cooling passages to cool the battery cells (Paragraph 0081, “Such predetermined gaps form the cooling passages 140 to cool the battery cells.”) which are cooling passages through which air flows to cool the batteries (Paragraph 0085, “so that the cooling passages 140, through which the air may flow, may be formed.”).
Here, storing a battery cell in a high temperature environment for a long time is disclosed by Kwon to result in decomposition of the battery cell (Paragraph 0006, “Meanwhile, a battery cell is swollen by a swelling phenomenon caused by decomposition or side reaction of the electrolyte when the battery cell is stored at high temperatures for a long time, or an abnormality, such as overcharge, overdischarge, or an internal short circuit due to a failure in a charger or a front control circuit, occurs.”), it would therefore be obvious to one ordinarily skilled in the art to add additional air cooling passages to the invention of Wunsche, thereby placing individual cooling passage between individual battery cells, acting to space apart the battery modules and cooling blocks from each other. Additionally, where the batteries of Wunsche are laid perpendicular to the frame, as depicted in Wunsche’s figure 16, this would therefore result in structure where the cooling passage gap maintaining parts extend along towards, and from, an inner surface of the frame, thereby reading upon and making obvious the limitations of the instant claim.
Regarding Claim 4, modified Wunsche makes obvious the invention of Claim 2. Additionally, where the gap maintaining cooling passage is placed along the perimeter of the walls of the partition member and battery modules, as discussed above in regards to claim 2, its lower surface contacts the upper panel, and an upper surface of the gap maintaining part contacts the lower surface of the partition member by means of transitive contact, through contacting the side surface of the partition member which is in contact with the lower surface of the partition member.
Regarding Claim 6, modified Wunsche makes obvious the invention of Claim 2. Additionally, where Wunsche discloses structure wherein the partition member 250 is connected to the plurality of cooling blocks 270, as depicted in Wunsche’s figure 6, Wunsche fails to disclose the method by which the partition member is connected to the cooling block. However, Wunsche does disclose wherein the attachment of the battery cells to the surrounding framework by means of screws (Paragraph 0007, “Fixing the battery cells or battery modules may be achieved by fitted depressions in the framework or by mechanical interconnectors such as bolts or screws.”). Accordingly, where fixing the battery modules to surrounding material constitutes affixing a block to the surrounding frame, similar to connecting the partition member 250 to the cooling blocks 270, it would be obvious to one ordinarily skilled in the art to make use of screw coupling to interconnect other portions of the invention of Wunsche, thereby reading upon and making obvious the invention of the instant claim.
Regarding Claim 7, modified Wunsche makes obvious the invention of Claim 2. Additionally, as discussed above in regards to Claim 2 the gap maintaining part of Kwon is configured to allow air to flow between the cooling blocks in order to allow air cooling to occur between battery modules (Paragraph 0081, “Such predetermined gaps form the cooling passages 140 to cool the battery cells.”; Paragraph 0085, “so that the cooling passages 140, through which the air may flow, may be formed.”).
Conclusion
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 JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 5712721453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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