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 .
Election/Restrictions
Claims 12-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/20/2026.
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.
Claim(s) 1-3 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fowler (US 20090155543 A1).
Regarding Claim 1, Examiner notes that a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of the “thermal barrier assembly” for a “traction battery pack” is not given patentable weight. Thus, as currently written, any thermal barrier assembly comprising the claimed structural limitations would read on Claim 1.
Fowler teaches a thermal barrier assembly, comprising: a first outer shell (first layer 120), a second outer shell (second layer 122) adjacent the first outer shell to define an insulation cavity, an insulative material (insulation 200) sandwiched between the first outer shell and the second outer shell within the insulation cavity, and a plurality of baffles (baffles 130, 132, and 134) that extend into the insulation cavity and restrict movement of the insulative material within the insulation cavity (Fig. 2).
Regarding Claim 2, Fowler teaches the thermal barrier assembly of Claim 1. The first outer shell, the second outer shell, and the insulative material provide a thermal barrier assembly that would be capable of separating two groups of battery cells within a cell stack.
Regarding Claim 3, Fowler teaches the thermal barrier assembly of Claim 1. The plurality of baffles comprise a plurality of ribs of the first outer shell, a plurality of ribs of the second outer shell, or both (Abstract – the plurality of baffles are between and coupled to the first and second outer shell. Thus, they can be viewed as being part of either or both shells).
Regarding Claim 10, Fowler teaches the thermal barrier assembly of Claim 1. The insulative material can be fiberless (0046).
Regarding Claim 11, Fowler teaches the thermal barrier assembly of Claim 1. The first outer shell and the second outer shell can be polymer-based materials (0044).
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honda (US 20200290933 A1) in view of Choi (US 20170222283 A1).
Regarding Claim 1, Honda teaches a thermal barrier assembly (Title – partition member) comprising a first outer shell and a second outer shell that is adjacent to the first outer shell to define an insulation cavity (0046, Figs. 1 and 2 – the barrier/partition is formed by joining the edges of two outer package bodies; 0047, Fig. 2 – the insulation material 110 is accommodated in an internal space 111 between the two outer package bodies). An insulative material is sandwiched between the first outer shell and the second outer shell within the insulation cavity (0047, Fig. 2 – the insulation material 110 is accommodated in an internal space 111 between the two outer package bodies).
Honda does not teach a plurality of baffles that extend into the insulation cavity and restrict movement of the insulative material within the insulation cavity.
Choi teaches a cooling plate used to space apart adjacent batteries (Fig. 5). The plate is hollow and comprises opposing reinforcement ribs (Fig. 2 – parts 22b and 22c). The reinforcing ribs help reduce deformation of the plate due to external impact (Abstract; 0035).
Honda and Choi are considered analogous to the claimed invention as they relate to the same field of endeavor, namely spacer plates/barriers between battery cells.
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 thermal barrier assembly of Honda to include the reinforcement ribs of Choi in order to help reduce deformation from external impacts.
The reinforcement ribs can be viewed as a plurality of baffles that extend into the insulation cavity and restrict movement of the insulative material within the insulation cavity.
Regarding Claim 2, modified Honda teaches the assembly of Claim 1. The first outer shell, the second outer shell, and the insulative material provide a thermal barrier assembly configured to separate a first group of battery cells within a cell stack from a second group of battery cells witin the cell stack (Fig. 6 – the partition members 1 would be capable of separating a first and second group of battery cells in a cell stack).
Regarding Claim 3, modified Honda teaches the assembly of Claim 1. The plurality of baffles comprises a plurality of ribs of both the first and second outer shells (Choi: Fig. 2).
Regarding Claim 4, modified Honda teaches the assembly of Claim 1. The plurality of baffles comprises a plurality of first ribs extending from the underside of the first outer shell, and a plurality of second ribs extending from an underside of the second outer shell, the plurality of first ribs contacting the plurality of second ribs to provide a plurality of subcavities (Choi: Fig. 2 – opposing ribs 22c contact each other to form subcavities 21).
Regarding Claim 5, modified Honda teaches the assembly of Claim 1. The first outer shell comprises a first outer rim, the second outer shell comprises a second outer rim, and the first outer rim overlaps with the second outer rim (Fig. 2 – the two outer package bodies 120 comprise opposing rims that are sealed together).
Regarding Claim 6, modified Honda the assembly of Claim 5. The first outer rim extends at least partially about a circumferential periphery of the first outer shell and the second outer rim extends at least partially about a circumferential periphery of the second outer shell (Honda: Figs. 1 and 2 – the rims of the first and second outer package bodies extend at least partially about a circumferential periphery of the bodies).
Regarding Claim 7, modified Honda teaches the assembly of Claim 5. The first outer rim overlaps with the second outer rim along three peripheral sides of the first outer rim (0046, 0047, Figs. 1 and 2 – the partition is formed by sealing two outer package bodies, which are rectangular in shape, together. Thus, the first outer rim would necessarily overlap with the second outer rim along four peripheral sides of the first outer rim).
Regarding Claim 8, modified Honda teaches the assembly of Claim 1. The insulative material can be a particulate substance (Honda: 0031 – the thermal insulation material 110 includes a powdered inorganic material; 0036 – the powdered material includes particles).
Regarding Claim 9, modified Honda teaches the assembly of Claim 1. The insulative material can be an aerogel (Honda: 0036).
Regarding Claim 10, modified Honda teaches the assembly of Claim 1. The insulative material can be fiberless (Honda: 0032). Examiner notes that, although Honda teaches the fiberless insulation material as a non-preferred embodiment (0032 – the partition member requires fixing through a binder or the like), it has been held that "disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments" and that "a known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use" Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989): Furthermore, it has been held that "a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments" (see MPEP 2123).
Regarding Claim 11, modified Honda teaches the assembly of Claim 1. The first and second outer shells can be polymer-based materials (Honda: 0043, 0044).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET.
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/ZIHENG LU/Examiner, Art Unit 1752
/Maria Laios/Primary Examiner, Art Unit 1727
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