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 .
Preliminary Amendments
Claims 1-20 & 41-100 are canceled. Claims 21-40 are currently pending for examination.
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.
Claims 21, 24-26, 30-31, 34, 38-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2018/0241102 A1).
Regarding claims 21 & 24, Kim teaches a system comprising: a first thermal component comprising a first cold plate (110) to cool a first battery (321); and a second thermal component comprising a second cold plate (126) to cool a second battery (324), wherein a surface area of the first thermal component is smaller than a surface area of the second thermal component (figs. 1 & 10; [0123] & [0178]).
Regarding claim 25, Kim teaches the system of claim 21 comprising a housing (310+390) having a back end portion (i.e portion including battery 321) and a front end portion (i.e portion including 323, 322 and 324) (figs. 1 & 10), the first thermal component having a first serpentine structure, the first serpentine structure having a length that extends in a direction from the front end portion of the housing towards the back end portion of the housing; the second thermal component having a second serpentine structure, the second serpentine structure having a length that extends in a direction from the front end portion of the housing towards the back end portion of the housing; and wherein the length of the first serpentine structure is less than the length of the second serpentine structure (figs. 7 & 9).
Regarding claim 26, Kim teaches the system of claim 21 comprising a first flow path having a serpentine portion and a first straight portion defined by the first thermal component; a second flow path having a second serpentine portion and a second straight portion defined by the second thermal component (see annotated fig. 9 below).
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Regarding claim 30, Kim teaches the system of claim 21, comprising the first thermal component comprising a first serpentine structure and the second thermal component comprising a second serpentine structure (figs. 7 & 9); and a pipe coupled with the first thermal component and the second serpentine structure; and the pipe being configured to distribute coolant from the second serpentine structure to the first serpentine structure (fig. 1; [0127])
Regarding claims 31 & 34, Kim teaches a system comprising a first thermal component comprising a first cold plate (122) to cool a first battery (323) comprising a plurality of battery cells; a second thermal component comprising a second cold plate (126) to cool a second battery (324) comprising a plurality of battery cells; and a third thermal component comprising a third cold plate (124/110) to cool a third battery (322/321) comprising a plurality of battery cells, wherein a surface of the third thermal component has a smaller area than a surface of each of the first thermal component or the second thermal component (figs. 1 & 10; [0123] & [0178]).
Regarding claim 38, Kim teaches the system of claim 31 comprising a first flow path having a first serpentine portion and a first straight portion defining the first thermal component; and the second thermal component defining a second flow path having a second serpentine portion and a second straight portion defining the second thermal component (see annotated fig. 9 above).
Regarding claims 39-40, Kim teaches a method comprising: coupling a first thermal component comprising a first cold plate (122) to a first battery including a first plurality of battery cell (323) and cooling them; coupling a second thermal component comprising a second cold plate (126) to a second battery including a second plurality of battery cells (324) and cooling them; and coupling a third thermal component comprising a third cold plate to a third battery including a third plurality of battery cells (322) and cooling them, wherein the third thermal component (124) is smaller than each of the first thermal component or the second thermal component (figs. 1 & 10; [0123] & [0178]).
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 22-23, 27-29, 32-33 & 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2018/0241102 A1).
Regarding claim 22, Kim teaches the system of claim 21, comprising a housing (390+310) comprising a front end portion (i.e section without batteries), a back end portion (i.e section with batteries 322, 323 & 324), and a middle portion (i.e section with battery 310), wherein the first thermal component (110) is in the middle portion and the second thermal component (126) is in the back end portion (figs. 1 & 10-11). Kim is silent as to the first thermal component being in the back end portion and the second thermal component being in the middle portion. However, this limitation constitutes a mere rearrangement of parts of the system disclosed in Kim. Accordingly, it would have been obvious to one of ordinary skill in the art reverse the arrangement of the first thermal component and the second thermal component in the respective middle portion and back end portion as an obvious matter of design choice. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice)”. See MPEP 2144.04 VI (C).
Regarding claim 23, Kim teaches the system of claim 21, comprising a housing (390+310) comprising a front end portion (i.e section without batteries), a back end portion (i.e section with batteries 322, 323 & 324), and a middle portion (i.e section with battery 310), wherein the first thermal component (110) is in the middle portion and the second thermal component (126) is in the back end portion (figs. 1 & 10-11). Kim is silent as to the first thermal component being in the back end portion and the second thermal component being between the first thermal component and the front end portion. However, this limitation constitutes a mere rearrangement of parts of the system disclosed in Kim as noted above. Accordingly, it would have been obvious to one of ordinary skill in the art reverse the arrangement of the first thermal component and the second thermal component in the respective middle portion and back end portion as an obvious matter of design choice. See MPEP 2144.04 VI (C).
Regarding claim 27, Kim teaches the system of claim 21, comprising the first thermal component defining a first flow path having a first serpentine portion and a first straight portion (see annotated fig. 7 below), wherein the first straight portion spans a side of the first thermal component; and the first thermal component comprise a plurality of faucets (201, 202) extending from corner portions of the first thermal component, the plurality of faucets configured to receive a liquid to flow through the first serpentine portion and the first straight portion (fig. 1; [0165]).
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While Kim is silent as to the faucets extending from a middle portion of the first thermal component, it is noted that the claimed limitation constitutes a mere rearrangement of parts that would have been obvious to one of ordinary skill in the art as a matter of design choice. See MPEP 2144.04 VI (C).
Regarding claim 28, Kim teaches the system of claim 21, comprising the first thermal component defining a first flow path having a first serpentine portion on a first end portion of the first thermal component (i.e portion of the cooling plate 124/126 on one side of protrusion 226 shown in fig. 7) and second serpentine portion on a second end portion of the first thermal component i.e portion of the cooling plate 124/126 on one side of protrusion 226 shown in fig. 7); and the first thermal component comprising a faucet (201/202) extending from a corner portion of the first thermal component and configured to receive a liquid to flow through the first flow path (figs. 1 & 6; [0165]-[0166]). Kim is silent as to the faucet extending from a middle portion of the first thermal component, wherein the middle portion is between the first end portion and the second end portion. However, it is noted that this limitation constitutes a rearrangement of part of the system described in Kim above. Accordingly, it have been obvious to one of ordinary skill in the art to provide the faucet in the middle portion as an obvious matter of design choice. See MPEP 2144.04 VI (C).
Regarding claim 29, Kim teaches the system of claim 21, comprising a housing having a back end portion and a front end portion, the first thermal component and the second thermal component each respectively having a first middle portion and a second middle portion; and a pipe that extends in a direction from the back end portion to the front end portion, the pipe being coupled with the first thermal component and the second thermal component at corners thereof (fig. 1). While Kim is silent as to the pipe being coupled with the first thermal component at the first middle portion and the second thermal component at the second middle portion, it is noted that this limitation constitutes a mere rearrangement of parts. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice)”. See MPEP 2144.04 VI (C).
Regarding claim 32, Kim teaches the system of claim 31 comprising a housing comprising a front end portion (i.e section excluding batteries), a back end portion (i.e section with batteries 322, 323, 324), and a middle portion (i.e section with battery 321) between the front end portion and the back end portion; wherein the third thermal component (110) is in the middle portion and the first thermal component and the second thermal component are in the back end portion (figs. 1 & 10). Kim is silent as to the third thermal component being in the back end portion and the first thermal component and the second thermal component being in the middle portion. However, it is noted that this limitation constitutes a mere rearrangement of the first, second and third thermal components in Kim’s system. Accordingly, it would have been obvious to one of ordinary skill in the art reverse the arrangement of the first thermal component and second thermal component in the back end portion and the third thermal component in the middle portion as an obvious matter of design choice. See MPEP 2144.04 VI (C).
Regarding claim 33, Kim teaches the system of claim 31, comprising a housing comprising a front end portion (i.e section with battery 323) and a back end portion (i.e section with battery 324); wherein the first thermal component (122) is in the front end portion and the second thermal component (126) is in the back end portion with the third thermal component (124) being disposed between the first thermal component and the back end portion (figs. 1 & 10). Kim is silent as to the second thermal component being between the first thermal component and the back end portion. However, it is noted that this limitation constitutes a mere rearrangement of the second and third thermal components in Kim’s system. Accordingly, it would have been obvious to one of ordinary skill in the art reverse the arrangement of the second thermal component and the third thermal component in the respective back end portion and middle portion as an obvious matter of design choice. See MPEP 2144.04 VI (C).
Regarding claim 35, Kim teaches the system of claim 31 comprising a housing (310+390) having a first end portion (i.e side of battery 323), a second end portion (i.e side of battery 322), and sides that extend between the first end portion and the second end portion; the first thermal component having a first serpentine structure having a width (fig. 9); the third thermal component having a third serpentine structure having a width (fig. 7) but is silent as to the width of the first thermal component being a same as the width of the third serpentine structure. However, “the Federal Circuit 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”. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). See MPEP 2144.04 IV (A).
Regarding claim 36, Kim teaches a system of claim 31 comprising a housing having a first end portion (i.e side of battery 323) and a second end portion (i.e side of battery 322); the first thermal component having a first middle portion and the second thermal component having a second middle portion; and a pipe that extends in a direction from the first end portion to a second end portion, the pipe coupled with the first thermal component at the first middle portion and the second thermal component at the second middle portion (fig. 2).
Regarding claim 37, Kim teaches the system of claim 31, comprising the first thermal component defining a first flow path having a first serpentine portion and a first straight portion (see annotated fig. 9 above), wherein the first straight portion spans a side of the first thermal component; and the first thermal component comprise a plurality of faucets extending from corner portions of the first thermal component, the plurality of faucets configured to receive a liquid to flow through the first serpentine portion and the first straight portion (figs. 1 & 8).
While Kim is silent as to the faucets extending from a middle portion of the first thermal component, it is noted that the claimed limitation constitutes a mere rearrangement of parts that would have been obvious to one of ordinary skill in the art as a matter of design choice. See MPEP 2144.04 VI (C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang (US 2020/0161728 A1) discloses a cooling plate for batteries, wherein the cooling plate comprises a serpentine flow path and a faucet provided at a middle portion of the cooling plate between a first end having a first serpentine path and a second end having a second serpentine path (fig. 7; [0056]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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