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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “.. at least one heat exchange tube of an elongated shape, each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells, and the heat exchange tube being provided with …” in the middle of the recitation.
The limitation “the heat exchange tube” does not distinctly claim the item recited.
It is recommended to change to either:
“at least one heat exchange tube of an elongated shape, each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells, and each exchange tube being provided with …” or
“at least one heat exchange tube of an elongated shape, each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells, and the at least one exchange tube being provided with …”
Changes are required.
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.
Claims 1, 9, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hald (US 20190273292 A1).
Regarding claim 1, Hald teaches a battery module, comprising (para. 0008, battery pack):
a plurality of battery cells arranged proximate to each other (See Fig. 1, battery cells represented by items 10-14); and
at least one heat exchange tube (Fig. 2, item 20) of an elongated shape (Fig. 2 shows an elongated shape),
each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells (Fig. 2).
the heat exchange tube (Fig. 2, item 20) being provided with a temperature sensor (Fig. 2, item 31) at an outer surface of the heat exchange tube (Fig. 2, item 31)(para. 100, a first temperature sensor 31 in thermal contact )
Regarding claim 9, Hald teaches the battery module according to claim 1,
wherein the temperature sensor is disposed at an outer surface of the at least one heat exchange tube (Hald, Fig. 2, item 31) in contact with a middle part of each of the plurality of battery cells in a length direction of the battery cell (Fig. 2, item 31 makes contact with the middle surfaces of the battery cells).
Regarding claim 11, Hald teaches:
a battery thermal management system (Fig. 2) (para. 0109, thermal management system comprised of the first [30], second [32], and third cooling element [34]),
applied in a battery comprising a plurality of battery cells arranged proximate to each other (Fig. 1),
the battery thermal management system comprising:
at least one heat exchange tube located in a gap formed between adjacent ones of the plurality of battery cells (Fig. 2, item 20);
a temperature sensor disposed at an outer surface of the at least one heat exchange tube in contact with each of the plurality of battery cells (Fig. 2, item 31)(para. 0100, a first temperature sensor 31 in thermal contact);
a signal acquisition circuit electrically connected to the temperature sensor (para. 0103, [the temperature sensors preferably connect to a corresponding regulation and control unit by cables]) and configured to receive a signal from the temperature sensor (examiner notes that a control unit connected to the temperature sensor via cables would be capable of receiving a signal).
Regarding claim 13,
The battery thermal management system according to claim 11, wherein:
each of the plurality of battery cells is a cylindrical battery cell (para. 0107, [cylindrical design]); and
the temperature sensor is disposed at an outer surface of the at least one heat exchange tube in contact with a middle part of the cylindrical battery cell in a length direction of the cylindrical battery cell (Fig. 2, item 31 makes contact with the middle surface of the battery cell).
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.
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.
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Wang (CN108206256A) and further in view of Hald (US 20190273292 A1).
Regarding claim 1, Wang teaches a battery module, comprising (para. 8, battery pack):
a plurality of battery cells arranged proximate to each other (Fig. 2, item 7); and
at least one heat exchange tube (Fig. 2, item 6) of an elongated shape (Fig. 2, item 6),
each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells (Fig. 2, items 6 and 7).
Wang does not teach:
the heat exchange tube being provided with a temperature sensor at an outer surface of the heat exchange tube
Hald, in the same field of endeavor, teaches a battery module comprising (para. 0008, battery pack):
a plurality of battery cells arranged proximate to each other (See Fig. 1, battery cells represented by items 10-14); and
at least one heat exchange tube (Fig. 2, item 20) of an elongated shape (Fig. 2 shows an elongated shape),
each of the at least one heat exchange tube being located in a gap defined between adjacent ones of the plurality of battery cells (See Fig. 2).
the heat exchange tube (Fig. 2, item 20) being provided with a temperature sensor (Fig. 2, item 31) at an outer surface of the heat exchange tube (Fig. 2, item 31) (para. 100, a first temperature sensor 31 in thermal contact)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a temperature sensor at an outer surface of Wang’s heat exchange tube, as taught by Hald, in order for each exchange tube to be influenced by only the adjacent battery cells, during the control and regulation of the cooling system, as taught by Hald (para. 0103, [since each of the cooling elements has its own associated temperature sensor and the cooling elements are insulated from one another by the insulating material, it is ensured that the temperature sensors are influenced to a greater extent by the heat of the battery module in question than by the heat of an adjacent battery module]).
Regarding claim 2, modified Wang teaches the battery module according to claim 1,
wherein the plurality of battery cells comprise more than three battery cells (Fig. 2 and Fig. 4), and
wherein the least one heat exchange tube is disposed in a gap formed by every three battery cells of the plurality of battery cells (Fig. 4)
Regarding claim 3, modified Wang teaches the battery module according to claim 2,
wherein each of the battery cells is a cylindrical battery cell (Fig. 2, item 7, cells are cylindrical).
Regarding claim 4, modified Wang teaches the battery module according to claim 3,
wherein each of the at least one heat exchange tube is in a prism shape and capable of filling the gap formed by every three cylindrical battery cells (para. 0079 of the instant specification a prism is defined as “a triangular prism shape with three chamfered edges”. The shape of Wang’s heat exchange tube is also a triangular prism with chamfered edges, similarly to the instant’s Fig. 6)
Regarding claim 5, modified Wang teaches the battery module according to claim 4,
wherein each of the at least one heat exchange tube is formed into the elongated shape in an axial direction of the cylindrical battery cell (Fig. 2 and Fig. 4 show item 7 arranged in an axial direction of the battery cell), and
has an arc-shaped surface following a shape of a part of an outer peripheral surface of each cylindrical battery cell (Fig. 3, item 603 – arc surface/curved surface).
Regarding claim 6, modified Wang teaches the battery module according to claim 1,
wherein each of the at least one heat exchange tube is of a hollow structure and internally has a heat exchange flow passageway (para. 38, item 6 is hollow, [the hollow heat conductive sheet 6])(Fig. 3);
each of the at least one heat exchange tube has an end connected to an input pipeline of a heat exchange medium (para. 38, upper interface 602)(Fig. 3) and
another end connected to an output pipeline of the heat exchange medium (para. 38, lower interface 604)(Fig. 3); and
the heat exchange flow passageway of each of the at least one heat exchange tube is in communication with the input pipeline and the output pipeline of the heat exchange medium (para. 38, [the hollow heat conductive sheet 6 … is provided with a liquid cooling passage 601 at the center thereof])(Fig. 3).
Regarding claim 7, modified Wang teaches the battery module according to claim 6,
wherein the input pipeline and the output pipeline of the heat exchange medium are disposed at two end sides of the battery cell in an axial direction of the battery cell and opposite to each other (Fig. 4),
with the plurality of battery cells interposed between the input pipeline and the output pipeline of the heat exchange medium (Fig. 4).
Regarding claim 8, modified Wang teaches the battery module according to claim 6,
wherein each of the input pipeline and the output pipeline of the heat exchange medium extends in an arrangement direction of the plurality of battery cells (Fig. 4)(the arrangement of the pipeline is analogous to the instant drawing).
Regarding claim 9, modified Wang teaches the battery module according to claim 1,
wherein the temperature sensor is disposed at an outer surface of the at least one heat exchange tube (Hald, Fig. 2, item 31) in contact with a middle part of each of the plurality of battery cells in a length direction of the battery cell (Hald, Fig. 2, item 31 makes contact with the middle surfaces of the battery cells).
Regarding claim 10, modified Wang teaches an electric device, comprising the battery module according to claim 1 (para. 2, [lightweight electric vehicle lithium ion power battery thermal management liquid cooling system]).
Regarding claim 11, Wang teaches:
a battery thermal management system (para. 8, [thermal management liquid cooling system]),
applied in a battery comprising a plurality of battery cells arranged proximate to each other (para. 29) (Fig. 2, item 6),
the battery thermal management system comprising:
at least one heat exchange tube located in a gap formed between adjacent ones of the plurality of battery cells (Fig. 2, item 6);
Wang does not teach:
a temperature sensor disposed at an outer surface of the at least one heat exchange tube in contact with each of the plurality of battery cells;
a signal acquisition circuit electrically connected to the temperature sensor and configured to receive a signal from the temperature sensor
Hald, in the same field of endeavor, teaches a battery module comprising (para. 0008, battery pack):
a battery comprising a plurality of battery cells arranged proximate to each other (See Fig. 1, battery cells represented by items 10-14),
at least one heat exchange tube located in a gap formed between adjacent ones of the plurality of battery cells (Fig. 2, item 20);
a temperature sensor disposed at an outer surface of the at least one heat exchange tube in contact with each of the plurality of battery cells (Hald, Fig. 2, item 31)(para. 100, a first temperature sensor 31 in thermal contact);
a signal acquisition circuit electrically connected to the temperature sensor (Hald, para. 0103, [the temperature sensors preferably connect to a corresponding regulation and control unit by cables]) and configured to receive a signal from the temperature sensor (examiner notes that a control unit connected to the temperature sensor via cables would be capable of receiving a signal).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a temperature sensor at an outer surface of Wang’s heat exchange tube, as taught by Hald, in order for each exchange tube to be influenced by only the adjacent battery cells, during the control and regulation of the cooling system, as taught by Hald (para. 0103, [since each of the cooling elements has its own associated temperature sensor and the cooling elements are insulated from one another by the insulating material , it is ensured that the temperature sensors are influenced to a greater extent by the heat of the battery module in question than by the heat of an adjacent battery module]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have implemented a signal acquisition circuit electrically connected to the temperature sensor of Wang’s heat exchange tube, as taught by Hald, in order to regulate the heat generated by each of the battery cells as taught by Hald (para. 0103, [since each of the cooling elements has its own associated temperature sensor and the cooling elements are insulated from one another by the insulating material, it is ensured that the temperature sensors are influenced to a greater extent by the heat of the battery module in question than by the heat of an adjacent battery module. The temperature sensors preferably connect to a corresponding regulation and control unit by cables]).
Regarding claim 12, modified Wang teaches the battery thermal management system according to claim 11, further comprising:
an input pipeline (Fig. 3, item 602) and an output pipeline (Fig. 3, item 604) of a heat exchange medium (para. 21, [cooling fluid]);
wherein:
the least one heat exchange tube internally has a heat exchange flow passageway; and (para. 21, [in the plurality of hollow thermal conductive sheets matched with the battery pack, the flow direction of the cooling fluid in the liquid cooling passages in each of the hollow thermal conductive sheets is the same, and the flow of the cooling fluid in the liquid cooling passages in the hollow thermal conductive sheets between the adjacent two columns is opposite])
the heat exchange flow passageway of the least one heat exchange tube is in
communication with the input pipeline and the output pipeline of the heat exchange
medium (para. 21) to form a circulation flow passageway of the heat exchange medium (para. 41 and 42 describe the upper and lower collecting plate that forms a circulation flow passageway) (para. 42, [to form an integral structure for the cooling fluid to flow]).
Regarding claim 13, modified Wang teaches the battery thermal management system according to claim 11, wherein:
each of the plurality of battery cells is a cylindrical battery cell (Fig. 1-2 and para. 37); and
the temperature sensor is disposed at an outer surface of the at least one heat exchange tube in contact with a middle part of the cylindrical battery cell in a length direction of the cylindrical battery cell (Hald, Fig. 2, item 31 makes contact with the middle surfaces of the battery cells).
Regarding claim 14, modified Wang teaches an electric device, comprising:
a battery comprising a plurality of battery cells arranged proximate to each other; and the battery thermal management system according to claim 11 (para. 29, [is a schematic exploded view of a lightweight electric vehicle lithium ion power battery thermal management liquid cooling system according to an embodiment of the present invention) (Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.G./ Examiner, Art Unit 1721
/ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights