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.
Claims 11-13 are 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.
Regarding claim 11, the term “low melting point” is a relative term which renders the claim indefinite. The term “low melting point” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, a material which has a melting point is considered a low melting point material. Appropriate correction is required.
Regarding claims 12-13, they are rejected based on their dependence on a previously rejected claim.
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)(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, 4-7, 11, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu (W.O. 2025002396 A1).
Regarding claim 1, Xu teaches a battery pack (Paragraphs 0007), comprising:
a void space (gap); and
an expandable gap filler (filling structure) arranged within the void space (Paragraph 0008).
Xu teaches that the filling structure includes an elastic filler and a vacuum bag which is vacuumized to provide the elastic filler in a compressed state in order to be arranged in the void space, and then returns to its original state (uncompressed) to fill the void space (Paragraphs 0008-0009) when the vacuum is broken. Therefore, Xu teaches the expandable gap filler transitions from a compressed state to an uncompressed state in order to fill the void in the battery pack, meeting the instant claim limitation directed toward the expandable gap filler transitioning from a compressed to an uncompressed state thereby reducing a free air volume of the void space.
It is noted by the Examiner that the limitation of the expandable gap filler “configured to transition from a compressed state to an uncompressed state when a temperature near the expandable gap filler exceeds a predefined temperature threshold, thereby reducing a free air volume of the void space” defines the expandable gap filler by what it does, rather than what it is. This is a functional limitation, and therefore was evaluated in conjunction with the remainder of the claim. See MPEP 2173.05(g).
Xu teaches the compressed to uncompressed transition of the expandable gap filler occurring when the vacuum established by the vacuum bag of the filling structure is broken. The vacuum of the expandable gap filler of Xu is capable of being broken at a temperature, including when a temperature near the expandable gap filler exceeds a predefined temperature threshold, therefore Xu meets the instant claimed limitations of the expandable gap filler “configured to transition from a compressed state to an uncompressed state when a temperature near the expandable gap filler exceeds a predefined temperature threshold.”
The recitation of “a traction battery pack” is a recitation of intended use that occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites 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 MPEP 2111.02.
The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113. Furthermore, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed use because Xu teaches a battery pack including a plurality of battery cells and an expandable gap fill which would be capable of being implemented in an electric vehicle as a traction battery.
Further, Xu describes in the background of the disclosure that in the art, it is generally known that the size of a battery module is increasing as more energy density is required in “energy-saving travel”, which further supports the battery pack of Xu being implemented in an electric vehicle as a traction battery pack.
Regarding claim 4, Xu teaches the traction battery pack as recited in claim 1. Xu teaches a plurality of battery cells in the battery pack (Paragraph 0026). As shown in the annotated Figure below, Xu teaches a portion of the end plate (Figures 1-2; Element 3) which includes cutouts. As these cutouts are spaces in the battery pack that are capable of housing electronics, they are therefore are considered the instant electronics housing. Thus, Xu teaches the expandable gap filler arranged in the void space extending between a battery array and an electronics housing, as shown in the annotated Figure below.
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Annotated Figure 2 of Xu
Regarding claim 5, Xu teaches the traction battery pack as recited in claim 1, wherein the expandable gap filler includes a foam portion (elastic filler) (Paragraph 0046) and a binding (vacuum bag) (Paragraph 0044) wrapped around the foam portion (Figures 6 and 7; Elements 101 and 103).
Regarding claim 6, Xu teaches the traction battery pack as recited in claim 5.
It is noted by the Examiner that the limitation of the binding “configured to melt to allow the foam portion to expand when the temperature exceeds the predefined temperature threshold” defines the binding by what it does, rather than what it is. This is a functional limitation, and therefore was evaluated in conjunction with the remainder of the claim. See MPEP 2173.05(g).
As discussed above in the rejection of claims 1 and 5, Xu teaches the binding (vacuum bag) is made of a material. Xu discloses the vacuum bag may be comprised of polyimide or polyamide (Paragraphs 0016, 0018). Thus, Xu teaches a material of the binding that is capable of melting. The ordinary artisan would recognize that the polyimide or polyamide material of the binding of Xu will melt at or above its melting point. Therefore, the melting point of the binding material is considered to be the predefined temperature threshold of the instant claim, which when exceed, will result in the melting of the binding.
Further discussed above, Xu teaches the compressed to uncompressed transition of the expandable gap filler occurring when the vacuum established by the vacuum bag of the filling structure is broken. The ordinary artisan would recognize that when at least some portion of the vacuum bag is melted, this would break the vacuum established by the bag (binding) and result in the transition from a compressed state to an uncompressed state.
Therefore, it is the Examiner’s belief that the binding of Xu is capable of melting when the temperature exceeds the predefined temperature threshold, resulting in the expansion of the foam portion (resulting from the vacuum being broken, as taught by Xu) and thus Xu meets the instant claimed limitations.
Regarding claim 7, Xu teaches the traction battery pack as recited in claim 6.
As discussed above in the rejection of claim 6, the Examiner established that Xu teaches a material of the binding that is capable of melting, and the ordinary artisan would recognize that the polyimide or polyamide material of the binding of Xu will melt at or above its melting point. Therefore, the melting point of the binding material is considered to be the predefined temperature threshold of the instant claim, which when exceed, will result in the melting of the binding, meeting the instant claimed limitations.
Regarding claim 11, Xu teaches the traction battery pack as recited in claim 5.
Xu teaches the binding (vacuum bag) of the filling structure is polyimide or polyamide (Paragraphs 0016-0018). As polyimides and polyamides are a well-known class of polymers in the art and polymers belonging to these classes have a melting point, the claimed limitation of the binding comprised of a low melting point material is met (see above 112b interpretation).
Regarding claim 14, Xu teaches the traction battery pack as recited in claim 1.
As discussed above, Xu teaches the expandable gap filler including a filling structure in a vacuum bag, which when sealed establishes a compressed state and when broken establishes a free state. In the disclosure, Xu teaches the vacuum bag has the property of being highly insulating (Paragraph 0017), and therefore is considered by the Examiner to make up a thermal barrier. Thus, Xu teaches the expandable gap filler (including the binding structure of the bag taught by Xu) in the uncompressed state establishes a thermal barrier within the void space.
Claims 1, 4-8, 11, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yunxiang (U.S. Patent Publication No. 20240145861A1).
Regarding claim 1, Yunxiang teaches a battery pack comprising a heat insulation panel including a heat insulation layer and an outer packaging layer, wherein the outer packaging layer establishes a compressed state of the heat insulation panel. During thermal runaway of the battery cells, the heat insulation panel switches to a free state to slow down heat transfer (Paragraph 0007).
Thus, the heat insulation layer of Yunxiang is considered to be an expandable gap filler, meeting the instant claimed limitations.
Yunxiang teaches a void space (ventilation channel) and the expandable gap filler (heat insulation layer) arranged within the void space (Paragraph 0048)
Yunxiang teaches that the expandable gap filler (Figure 3, Element 100) is comprised of an outer packaging layer (Figure 3, Element 120) which wraps the heat insulation layer (Figure 3, Element 110). Yunxiang teaches a vacuum operation performed on the outer packaging layer in order to establish a compressed state of the heat insulation panel (Paragraph 0057). As discussed above, when thermal runaway occurs in the battery pack, Yunxiang teaches the heat insulation panel transitions from a compressed state to a free state in order to completely fill the void (Paragraph 0019). Therefore, Yunxiang teaches the expandable gap filler transitions from a compressed state to an uncompressed state when thereby reducing a free air volume of the void space.
Yunxiang teaches the outer packaging layer releasing compression of the elastic heat insulation layer when the energy storage module reaches a thermal runaway temperature (Paragraph 0007). Yunxiang teaches the outer packaging layer is damaged via melting during thermal runaway, wherein a holt melt temperature of the outer packaging layer is the thermal runaway temperature that is exceeded to damage the outer packaging layer and release the compression (Paragraph 0008).
Thus, Yunxiang teaches the expandable gap filler transitions from a compressed state to an uncompressed state when a temperature near the expandable gap filler exceeds a predefined temperature threshold, meeting the instant claimed limitations.
The recitation of “a traction battery pack” is a recitation of intended use that occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites 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 MPEP 2111.02.
The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113. Furthermore, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed use because Xu teaches a battery pack including a plurality of battery cells and an expandable gap filler which would be capable of being implemented in an electric vehicle as a traction battery.
Regarding claim 4, Yunxiang teaches the traction battery pack as recited in claim 1.
Yunxiang teaches a gap existing between the heat insulation panel (expandable gap filler) and the side panel of the housing (Paragraph 0073). As this gap is a space which is capable of housing electronics (while permitting air circulation in accordance with the gap’s function as described by Yunxiang), it is considered the instant electronics housing. Thus, Xu teaches the expandable gap filler arranged in the void space extending between a battery array and an electronics housing, meeting the instant claimed limitations.
Regarding claim 5, Yunxiang teaches the traction battery pack as recited in claim 1, wherein the expandable gap filler (Figure 3, Element 100) includes a foam portion (Paragraph 0071) and a binding (outer packaging layer) wrapped around the foam portion (Figure 3; Paragraph 0049).
Regarding claim 6, Yunxiang teaches the traction battery pack as recited in claim 5, wherein the binding is configured to melt to allow the foam portion to expand (transition from compressed to free state) when the temperature exceeds the predefined temperature threshold (hot melt temperature of the binding), as discussed above (Paragraphs 0008, 0060).
Regarding claim 7, Yunxiang teaches the traction battery pack as recited in claim 6, wherein the predefined temperature threshold is a melting point of the binding (hot melt temperature of the outer packaging layer, Yunxiang Paragraph 0060).
Regarding claim 8, Yunxiang teaches the traction battery pack as recited in claim 5.
Yunxiang teaches the foam portion is elastic and has good compressibility (Paragraphs 0071-0072), and therefore is considered by the Examiner to be a pliable foam material, meeting the instant claimed limitations.
Yunxiang teaches one of the advantages of the foam being its excellent heat insulation performance, the foam is considered by the Examiner to be a high temperature resistant foam material.
Yunxiang teaches the foam material may be for example a polyurethane foam or a polyimide foam, which are known in the art to be solid foams, therefore Yunxiang teaches the foam is a solid foam, meeting the instant claimed limitations.
Regarding claim 11, Yunxiang teaches the traction battery pack as recited in claim 5.
Yunxiang teaches the binding (outer packaging material) may be made up of an aluminum-plastic material (Paragraph 0079), which as discussed above, melts at a temperature which is the thermal runaway temperature. As the outer packaging has some melting temperature which is exceeded during a thermal runaway event, the claimed limitation of the binding comprised of a low melting point material is met (see above 112b interpretation).
Regarding claim 14, Yunxiang teaches the traction battery pack as recited in claim 1.
As discussed above, Yunxiang teaches the expandable gap filler including a heat insulation panel and an outer packaging layer which when sealed establishes a compressed state and when broken establishes a free state. In the disclosure, Yunxiang teaches the heat insulation panel being highly insulation and slowing down the speed at which heat passes through a side panel and spread to the outside of the battery pack (Paragraph 0007), and therefore is considered by the Examiner to make up a thermal barrier. Thus, Yunxiang teaches the expandable gap filler in the uncompressed state establishes a thermal barrier within the void space.
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 2-3, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1, 4-7, 11, and 14 above, and further in view of Rhee (U.S. Patent Publication No. 20220069377 A1).
Regarding claim 2, Xu teaches the traction battery pack as recited in claim 1.
Xu teaches the filling structure of the disclosure is disposed in a gap provided between the cell module and the module end plate (Paragraph 0008).
Xu is silent as to the void space extends between a first cell tab terminal of a first battery cell and a second cell tab terminal of a second battery cell.
However, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including between the first tab terminal of a first battery cell and a second tab terminal of an adjacent battery cell of the battery array (Paragraph 0037, 0067, 0069) (Figure 6). Rhee teaches that the positioning of a foam element in the space between adjacent tab terminals of battery cells of a battery pack is advantageous in order to mitigate the propagation of heat or flame between cell tabs (Paragraph 0069).
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 void space in which the expandable gap filler of Xu is arranged to incorporate the teachings of Rhee in which it is placed between a first cell tab terminal of a first battery cell and a second cell tab terminal of a second battery cell. Doing so would advantageously result in reduced propagation of heat and flame between adjacent cell tabs, as recognized by Rhee.
Regarding claim 3, Xu teaches the traction battery pack as recited in claim 1.
Xu is silent as to the void space extends between a battery array and an array enclosure top plate.
However, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including in an upper space of a housing above the battery cells accommodated in the housing (Paragraph 0037, 0067, 0070) (Figure 7). Rhee teaches that the positioning of a foam element in the space between the top of the battery cells and the upper cover of the battery pack is advantageous in order to block heat propagation among the battery cells (Paragraph 0070).
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 void space in which the expandable gap filler of Xu is arranged to incorporate the teachings of Rhee in which it is placed between a battery array and an array enclosure top plate. Doing so would advantageously result in blocked heat propagation among the battery cells, as recognized by Rhee.
Regarding claim 15, Xu teaches a battery pack (Paragraph 0007), comprising:
a cell stack (cell module) including at least a first battery cell and a second battery cell (plurality of battery cells) (Paragraph 0026).
Xu teaches the battery pack comprising an expandable gap filler (filling structure) arranged within a void space (Paragraph 0008). Xu teaches the expandable gap filler includes a binding (vacuum bag) (Paragraph 0044).
As discussed above in the rejection of claim 1, Xu teaches that the filling structure includes an elastic filler and a vacuum bag which is vacuumized to provide the elastic filler in a compressed state in order to be arranged in the void space, and then returns to its original state (uncompressed) to fill the void space (Paragraphs 0008-0009) when the vacuum is broken. Therefore, Xu teaches the expandable gap filler transitions from a compressed state to an uncompressed state in order to fill the void in the battery pack, meeting the instant claim limitation directed toward the expandable gap filler transitioning from a compressed to an uncompressed state.
It is noted by the Examiner that the limitation of the expandable gap filler “configured to transition from a compressed state to an uncompressed state when a temperature within the void space exceeds a melting point of a binding of the expandable gap filler” defines the expandable gap filler by what it does, rather than what it is. This is a functional limitation, and therefore was evaluated in conjunction with the remainder of the claim. See MPEP 2173.05(g).
Xu teaches the compressed to uncompressed transition of the expandable gap filler occurring when the vacuum established by the vacuum bag of the filling structure is broken. The vacuum bag (binding) of the expandable gap filler of Xu is made of some material and therefore is capable of being broken through melting at a specific point when a temperature within the void space exceeds a melting point of a binding of the expandable gap filler, therefore Xu meets the instant claimed limitations of the expandable gap filler “configured to transition from a compressed state to an uncompressed state when a temperature within the void space exceeds a melting point of a binding of the expandable gap filler.”
The recitation of “a traction battery pack” is a recitation of intended use that occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites 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 MPEP 2111.02.
The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113.
Furthermore, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed use because Xu teaches a battery pack including a plurality of battery cells and an expandable gap fill which would be capable of being implemented in an electric vehicle as a traction battery. Further, Xu describes in the background of the disclosure that in the art, it is generally known that the size of a battery module is increasing as more energy density is required in “energy-saving travel”, which further supports the battery pack of Xu being implemented in an electric vehicle as a traction battery pack. Therefore, Xu either teaches the battery pack implemented in an electric vehicle or it would have been obvious to implement the battery pack of Xu as a traction battery in order to perform the travel function described by Xu noted above.
Xu is silent as to the first battery cell including a first cell tab terminal and the second battery cell including a second cell tab terminal; and an expandable gap filler arranged within a void space that extends between the first cell tab terminal and the second cell tab terminal.
However, as discussed above, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including between the first tab terminal of a first battery cell and a second tab terminal of an adjacent battery cell of the battery array (Paragraph 0037, 0067, 0069) (Figure 6). Rhee teaches that the positioning of a foam element in the space between adjacent tab terminals of battery cells of a battery pack is advantageous in order to mitigate the propagation of heat or flame between cell tabs (Paragraph 0069).
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 Xu to incorporate the teachings of Rhee in the battery pack comprises an expandable gap filler arranged within a void space that extends between the first cell tab terminal and the second cell tab terminal. Doing so would advantageously result in reduced propagation of heat and flame between adjacent cell tabs, as recognized by Rhee.
Regarding claim 16, Xu teaches the traction battery pack as recited in claim 15, wherein the binding (vacuum bag) (Paragraph 0044) is wrapped around a foam portion (elastic filler) (Paragraph 0046) of the expandable gap filler (Figures 6 and 7; Elements 101 and 103).
Claims 6-7 are alternately rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1, 4-7, 11, and 14 above, and further in view of Yunxiang (U.S. Patent Publication No. 20240145861A1).
Regarding claim 6, Xu teaches the traction battery pack as recited in claim 5.
In the instance that the binding of Xu is found not to be capable of melting to allow the foam portion to expand when the temperature exceeds the predefined temperature threshold, an alternate rejection in view of Yunxiang is presented below.
Yunxiang discloses a battery pack including a heat insulation panel comprising a heat insulation layer and an outer packaging that wraps the outside of the heat insulation layer to compress the layer to a compressed state (Paragraph 0007). Yunxiang teaches a vacuum operation performed on the heat insulation panel in order to establish the compressed state (Paragraph 0057). Yunxiang teaches that when thermal runaway occurs in the energy storage module, a large amount of heat is generated. Yunxiang teaches that when the internal temperature of the battery pack exceeds the hot melt temperature of the outer packaging layer, the packaging layer is damaged (melted) which results in the heat insulation layer transitioning from a compressed state to a free state (Paragraphs 0007, 0060) in order to slow down a speed at which heat moves through the battery pack (Paragraph 0062).
Thus, Yunxiang teaches that it is known in the art to break a vacuum establishing a compressed state of a barrier in a battery pack via melting of the sealing material when the temperature is elevated during a thermal runaway event.
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 binding of Xu to incorporate the teachings of Yunxiang in which the expansion of the form portion of Xu (occurring when vacuum is broken, as discussed above) occurs when the binding material that established the compressed state is melted. Doing so would advantageously allow reduced speed of heat propagation throughout the battery cell in the case of thermal runaway, as recognized by Yunxiang.
The result of the modification of Xu in view of Yunxiang is a binding configured to melt to allow the foam portion to expand when the temperature exceeds the predefined temperature threshold, meeting the instant claimed limitations.
Regarding claim 7, Xu teaches the traction battery pack as recited in claim 6, wherein the predefined temperature threshold is a melting point of the binding (hot melt temperature of the outer packaging layer, Yunxiang Paragraph 0060).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1, 4-7, 11, and 14 above, and further in view of Kim (U.S. Patent Publication No. 20230327254 A1).
Regarding claim 8, Xu teaches the traction battery pack as recited in claim 5.
Xu is silent as to the foam portion is comprised of a pliable, higher temperature resistant solid foam material.
However, Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Xu to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
The result of the modification of Xu by Kim is a silicone foam as the foam portion of the expandable gap filler. Because Kim teaches one of the advantages of the silicone foam, as described above, is excellent thermal insulation properties, the silicone foam of the resulting modification is considered to be a high temperature resistant foam material. Further, the foam material of the foam portion Xu in view of Kim is the same as that of the instant disclosure, and therefore provides further evidence that the foam portion is resistant to high temperatures, meeting the instant claimed limitations.
Further, Kim teaches the silicone foam pad may be made of thermosetting foamed silicone. Thus, if the silicone of Kim is set, the ordinary artisan would find that the silicone foam is a solid silicone foam or it would be obvious to provide the silicone foam as a solid silicone foam, meeting the instant claimed limitation.
As foams are known in the art to exhibit some degree of flexibility, the solid silicone foam of Xu in view of Kim is considered a pliable foam, meeting the instant claimed limitation.
Regarding claim 9, Xu teaches the traction battery pack as recited in claim 8, wherein the pliable, high temperature resistant solid foam material includes silicone foam, as discussed above in the modification of Xu in view of Kim above (Kim, Paragraph 0012).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Kim as applied to claims 8-9 above, and further in view of Browning (U.S. Patent Publication No. 20210376405 A1).
Regarding claim 10, Xu teaches the traction battery pack as recited in claim 8.
As discussed above in the modification of Xu in view of Kim, Xu in view of Kim teaches a pliable, higher temperature resistant solid foam material.
Modified Xu is silent as to the pliable, high temperature resistant solid foam material includes an intumescent additive.
However, Browning discloses a thermal barrier for use in a battery in electric vehicles (Paragraph 0001). Browning teaches a porous core layer (Paragraph 0006) which may be a foam sheet (Paragraph 0026). Browning teaches in some embodiments that the porous core layer may be embedded with a thermally expandable substance (Paragraph 0032), such as an intumescent material in order to enhanced the thermal insulating performance of the core layer by expanding under high heat during cell/module failure (Paragraph 0033).
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 pliable, high temperature resistant solid foam of Xu in view of Kim to incorporate the teachings of Browning in which an intumescent material is included in the foam. Doing so would advantageously result in improved thermal insulating performance, as recognized by Browning.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1, 4-7, 11, and 14 above, and further in view of Kempf (U.S. Patent Publication No. 20230159718 A1).
Regarding claim 11, Xu teaches the traction battery pack as recited in claim 5.
In the instance that Xu is found not to teach the binding is comprised of a low melting point material, as alternate rejection is set forth in view of Kempf:
Xu teaches in some embodiments the binding (vacuum bag) is comprised of polyamide (Paragraph 0054).
However, Kempf discloses a silicone rubber foam layer which is suitable for use as a spacer using thermal runaway barrier properties in rechargeable electrical energy storage systems such as battery modules, particularly those in automotive applications (Paragraph 0018). Kempf teaches that a first solid film and a second solid film are contacted directly to the adjacent silicone rubber foam layer (Paragraph 0070). Thus, Kempf teaches a structure which is similar to that of the expandable gap filler, namely a silicone foam which is surrounded by a film which contains the foam. Kempf teaches the first and second solid films are comprised of polymeric material including polyesters, polyesters, polyethers, polyolefins, polyamides, polybenzimidazoles, polycarbonates, polyether sulfones, polyoxymethylenes, polyetherimides, polystyrenes, polyvinyl chloride (Paragraph 0066). Kempf teaches that the polyester film is particularly polyethylene terephthalate (Paragraph 0068).
Therefore, given the general teachings of Kempf, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the polyamide material of the binding of Xu because Kempf teaches the material surrounding the foam may suitably be selected as polyamide or polyester, wherein the polyester is preferably polyethylene terephthalate. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified binding material would be useful in the binding wrapping around the foam of the device of Xu and possess the advantages of covering the exposed surfaces of the foam, taught by Kempf (Paragraph 0069). See MPEP § 2143.I.(B).
Thus, Xu in view of Kempf teaches a structure and composition of the binding which is the same as that of the instant disclosure, and thus the binding of modified Xu is comprised of a low melting point material, meeting the instant claimed limitations.
Regarding claim 12, Xu teaches the traction battery pack as recited in claim 11.
Xu teaches in some embodiments the binding (vacuum bag) is comprised of polyamide (Paragraph 0054).
Xu is silent as to the low melting point material includes polyethylene terephthalate (PET).
However, as discussed above, Kempf discloses a silicone rubber foam layer which is suitable for use as a spacer using thermal runaway barrier properties in rechargeable electrical energy storage systems such as battery modules, particularly those in automotive applications (Paragraph 0018). Kempf teaches that a first solid film and a second solid film are contacted directly to the adjacent silicone rubber foam layer (Paragraph 0070). Thus, Kempf teaches a structure which is similar to that of the expandable gap filler, namely a silicone foam which is surrounded by a film which contains the foam. Kempf teaches the first and second solid films are comprised of polymeric material including polyesters, polyesters, polyethers, polyolefins, polyamides, polybenzimidazoles, polycarbonates, polyether sulfones, polyoxymethylenes, polyetherimides, polystyrenes, polyvinyl chloride (Paragraph 0066). Kempf teaches that the polyester film is particularly polyethylene terephthalate (Paragraph 0068).
Therefore, given the general teachings of Kempf, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the polyamide material of the binding of Xu because Kempf teaches the material surrounding the foam may suitably be selected as polyamide or polyester, wherein the polyester is preferably polyethylene terephthalate. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified binding material would be useful in the binding wrapping around the foam of the device of Xu and possess the advantages of covering the exposed surfaces of the foam, taught by Kempf (Paragraph 0069). See MPEP § 2143.I.(B).
Regarding claim 13, Xu teaches the traction battery pack as recited in claim 11.
Xu teaches in some embodiments the binding (vacuum bag) is comprised of polyamide (Paragraph 0054).
Xu is silent as to wherein the low melting point material includes a polyolefin.
However, Kempf discloses a silicone rubber foam layer which is suitable for use as a spacer using thermal runaway barrier properties in rechargeable electrical energy storage systems such as battery modules, particularly those in automotive applications (Paragraph 0018). Kempf teaches that a first solid film and a second solid film are contacted directly to the adjacent silicone rubber foam layer (Paragraph 0070). Thus, Kempf teaches a structure which is similar to that of the expandable gap filler, namely a silicone foam which is surrounded by a film which contains the foam. Kempf teaches the first and second solid films are comprised of polymeric material including polyesters, polyesters, polyethers, polyolefins, polyamides, polybenzimidazoles, polycarbonates, polyether sulfones, polyoxymethylenes, polyetherimides, polystyrenes, polyvinyl chloride (Paragraph 0066).
Therefore, given the general teachings of Kempf, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the material of the binding of Xu because Kempf teaches the material surrounding the foam may suitably be selected as a polyamide or polyolefin. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified binding material would be useful in the binding wrapping around the foam of the device of Xu and possess the advantages of covering the exposed surfaces of the foam, taught by Kempf (Paragraph 0069). See MPEP § 2143.I.(B).
Claim 14 is alternately rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1, 4-7, 11, and 14 above, and further in view of Kempf and Kim (both cited above).
Regarding claim 14, Xu teaches the traction battery pack as recited in claim 1.
In the instance that the expandable gap filler of Xu is found to not establish a thermal barrier within the void space, the Examiner presents at alternate rejection of claim 14 in view of Kempf and Kim:
Xu teaches in some embodiments the binding (vacuum bag) is comprised of polyamide (Paragraph 0054). As discussed above, Kempf discloses a silicone rubber foam layer which is suitable for use as a spacer (Paragraph 0018) and a first solid film and a second solid film contacted directly to the adjacent silicone rubber foam layer (Paragraph 0070). Kempf teaches the first and second solid films are comprised of polymeric material including polyesters, polyesters, polyethers, polyolefins, polyamides, polybenzimidazoles, polycarbonates, polyether sulfones, polyoxymethylenes, polyetherimides, polystyrenes, polyvinyl chloride (Paragraph 0066). Kempf teaches that the polyester film is particularly polyethylene terephthalate (Paragraph 0068).
Therefore, given the general teachings of Kempf, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the polyamide material of the binding of Xu because Kempf teaches the material surrounding the foam may suitably be selected as polyamide or polyester, wherein the polyester is preferably polyethylene terephthalate. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified binding material would be useful in the binding wrapping around the foam of the device of Xu and possess the advantages of covering the exposed surfaces of the foam, taught by Kempf (Paragraph 0069). See MPEP § 2143.I.(B).
Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure and of Kempf discussed above.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Xu to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
The result of the modification of Xu by Kempf and Kim is a silicone foam as the foam portion of the expandable gap filler and polyethylene terephthalate as the binding material.
Thus, Xu in view of Kempf and Kim teaches a structure and composition of the expandable gap filler which is the same as that of the instant disclosure, and thus the expandable gap filler of modified Xu establishes a thermal barrier within the void space, meeting the instant claimed limitations.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Rhee as applied to claims 2-3, 15-16 above, and further in view of Kempf (cited above, U.S. Patent Publication No. 20230159718 A1).
Regarding claim 17, Xu teaches the traction battery pack as recited in claim 16.
Xu teaches in some embodiments the binding (vacuum bag) is comprised of polyamide (Paragraph 0054).
Xu is silent as to the binding is comprised of polyethylene terephthalate (PET).
However, Kempf discloses a silicone rubber foam layer which is suitable for use as a spacer using thermal runaway barrier properties in rechargeable electrical energy storage systems such as battery modules, particularly those in automotive applications (Paragraph 0018). Kempf teaches that a first solid film and a second solid film are contacted directly to the adjacent silicone rubber foam layer (Paragraph 0070). Thus, Kempf teaches a structure which is similar to that of the expandable gap filler, namely a silicone foam which is surrounded by a film which contains the foam. Kempf teaches the first and second solid films are comprised of polymeric material including polyesters, polyesters, polyethers, polyolefins, polyamides, polybenzimidazoles, polycarbonates, polyether sulfones, polyoxymethylenes, polyetherimides, polystyrenes, polyvinyl chloride (Paragraph 0066). Kempf teaches that the polyester film is particularly polyethylene terephthalate (Paragraph 0068).
Therefore, given the general teachings of Kempf, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the polyamide material of the binding of Xu because Kempf teaches the material surrounding the foam may suitably be selected as polyamide or polyester, wherein the polyester is preferably polyethylene terephthalate. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified binding material would be useful in the binding wrapping around the foam of the device of Xu and possess the advantages of covering the exposed surfaces of the foam, taught by Kempf (Paragraph 0069). See MPEP § 2143.I.(B).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Rhee as applied to claims 2-3, 15-16 above, and further in view of Kim (cited above, U.S. Patent Publication No. 20230327254 A1).
Regarding claim 18, Xu teaches the traction battery pack as recited in claim 16.
Xi is silent as to the foam portion is comprised of silicon foam.
However, Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Xu to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Rhee as applied to claims 2-3, 15-16 above, and further in view of Tamas (German Patent No. 102016203129 B3).
Regarding claim 19, Xu teaches the traction battery pack as recited in claim 15.
As is shown in Figure 1 of Xu below, Xu teaches the expandable gap filler (Figure 1, Element 1) in contact with the battery cell (Figure 1, Element 2) and the module end plate (Figure 1, Element 3) which is positioned adjacent to the cell stack (plurality of battery cells) (Paragraph 0026).
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Figure 1 of Xu
Xu is silent as to the expandable gap filler is secured to a surrounding structure (module end plate).
However, Tamas discloses a battery for a motor vehicle (Paragraph 0001) comprising a heat transfer element including a foam component which help absorb tolerances in the battery housing (Paragraph 0019). Tamas teaches that it is advantageous if the foam component is connected to the housing component by an adhesive in order to secure the mounting of the heat transfer element (Paragraph 0024).
Thus, Tamas teaches it is known in the art to attach a foam to the wall of a battery case in order to securely position a temperature-controlling element in the battery case.
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 expandable gap filler of Xu to incorporate the teachings of Tamas in which the expandable gap filler is secured to the module end plate (surrounding structure). Doing so would advantageously result in secure mounting of the expandable gap filler, as recognized by Tamas.
Regarding claim 20, Xu teaches the traction battery pack as recited in claim 19.
As discussed above in the rejection of claim 19, modified Xu teaches the surrounding structure is the module end plate. As the end plate of the module is connected to the housing which is located at a side portion of the cell module (Paragraph 0026), it is considered to form part of the housing which surrounds (encloses) the battery array and is capable of forming part of the housing of a bus bar module and therefore meets the instant claimed limitation of the surrounding structure is an array enclosure plate or a bus bar module frame.
Claims 2-3, 15-16, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang as applied to claims 1, 4-8, 11, and 14 above, and further in view of Rhee (cited above, U.S. Patent Publication No. 20220069377 A1).
Regarding claim 2, Yunxiang teaches the traction battery pack as recited in claim 1.
Yunxiang teaches the expandable gap filler is disposed in a gap provided between the housing and the energy storage module (Paragraph 0048). Yunxiang teaches the battery module is a combination of more than one battery cell (Paragraph 0040)
Yunxiang is silent as to the void space extends between a first cell tab terminal of a first battery cell and a second cell tab terminal of a second battery cell.
However, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including between the first tab terminal of a first battery cell and a second tab terminal of an adjacent battery cell of the battery array (Paragraph 0037, 0067, 0069) (Figure 6). Rhee teaches that the positioning of a foam element in the space between adjacent tab terminals of battery cells of a battery pack is advantageous in order to mitigate the propagation of heat or flame between cell tabs (Paragraph 0069).
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 void space in which the expandable gap filler of Yunxiang is arranged to incorporate the teachings of Rhee in which it is placed between a first cell tab terminal of a first battery cell and a second cell tab terminal of a second battery cell. Doing so would advantageously result in reduced propagation of heat and flame between adjacent cell tabs, as recognized by Rhee.
Regarding claim 3, Yunxiang teaches the traction battery pack as recited in claim 1.
Yunxiang is silent as to the void space extends between a battery array and an array enclosure top plate.
However, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including in an upper space of a housing above the battery cells accommodated in the housing (Paragraph 0037, 0067, 0070) (Figure 7). Rhee teaches that the positioning of a foam element in the space between the top of the battery cells and the upper cover of the battery pack is advantageous in order to block heat propagation among the battery cells (Paragraph 0070).
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 void space in which the expandable gap filler of Yunxiang is arranged to incorporate the teachings of Rhee in which it is placed between a battery array and an array enclosure top plate. Doing so would advantageously result in blocked heat propagation among the battery cells, as recognized by Rhee.
Regarding claim 15, Yunxiang teaches a battery pack comprising a heat insulation panel including a heat insulation layer and an outer packaging layer, wherein the outer packaging layer establishes a compressed state of the heat insulation panel. During thermal runaway of the battery cells, the heat insulation panel switches to a free state to slow down heat transfer (Paragraph 0007).
Thus, the heat insulation layer of Yunxiang is considered to be an expandable gap filler, meeting the instant claimed limitations.
Yunxiang teaches that the expandable gap filler (Figure 3, Element 100) is comprised of an outer packaging layer (Figure 3, Element 120) which wraps the heat insulation layer (Figure 3, Element 110). Yunxiang teaches a vacuum operation performed on the outer packaging layer in order to establish a compressed state of the heat insulation panel (Paragraph 0057). Yunxiang teaches the outer packaging layer releasing compression of the elastic heat insulation layer when the energy storage module reaches a thermal runaway temperature (Paragraph 0007). Yunxiang teaches the outer packaging layer is damaged via melting during thermal runaway, wherein a holt melt temperature of the outer packaging layer is the thermal runaway temperature that is exceeded to damage the outer packaging layer and release the compression (Paragraph 0008). Thus, Yunxiang teaches the expandable gap filler transitions from a compressed state to an uncompressed state when a temperature near the expandable gap filler exceeds a predefined temperature threshold, meeting the instant claimed limitations.
The recitation of “a traction battery pack” is a recitation of intended use that occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites 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 MPEP 2111.02.
The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113. Furthermore, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed use because Yunxiang teaches a battery pack including a plurality of battery cells and an expandable gap fill which would be capable of being implemented in an electric vehicle as a traction battery.
Yunxiang teaches a battery pack including a plurality of battery cells (Paragraph 0040)
Yunxiang is silent as to the first battery cell including a first cell tab terminal and the second battery cell including a second cell tab terminal; and an expandable gap filler arranged within a void space that extends between the first cell tab terminal and the second cell tab terminal.
However, as discussed above, Rhee discloses a battery pack (Paragraph 0010) that may be suitably used in an electric vehicle (Paragraph 0004). Rhee teaches a thermal barrier placed in the battery housing comprising a layer of foam, which may be silicone foam (Paragraphs 0011, 0015-0016), aligning with the foam material of the instant expandable gap filler. Rhee teaches the foam arranged in a variety of locations, including between the first tab terminal of a first battery cell and a second tab terminal of an adjacent battery cell of the battery array (Paragraph 0037, 0067, 0069) (Figure 6). Rhee teaches that the positioning of a foam element in the space between adjacent tab terminals of battery cells of a battery pack is advantageous in order to mitigate the propagation of heat or flame between cell tabs (Paragraph 0069).
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 Yunxiang to incorporate the teachings of Rhee in the battery pack comprises an expandable gap filler arranged within a void space that extends between the first cell tab terminal and the second cell tab terminal. Doing so would advantageously result in reduced propagation of heat and flame between adjacent cell tabs, as recognized by Rhee.
Regarding claim 16, Yunxiang teaches the traction battery pack as recited in claim 15, wherein the binding (outer packaging material) is wrapped around a foam portion (heat insulation layer) of the expandable gap filler (Figure 3; Elements 110 and 120).
Regarding claim 19, Yunxiang teaches the traction battery pack as recited in claim 15, wherein the expandable gap filler (heat insulation panel) (Figure 1, Element 100) is secured (fixed) to a surrounding structure (inner side of the side panel) (Figure 1, Element 220) that is positioned adjacent to the cell stack (Figure 1; Paragraph 0048).
Regarding claim 20, Yunxiang teaches the traction battery pack as recited in claim 19.
As discussed above in the rejection of claim 19, modified Xu teaches the surrounding structure is the module side plate. The side plate of the module is considered to form part of the housing which surrounds (encloses) the battery array and is capable of forming part of the housing of a bus bar module and and therefore meets the instant claimed limitation of the surrounding structure is an array enclosure plate or a bus bar module frame.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang as applied to claims 1, 4-8, 11, and 14 above, and further in view of Kim (cited above, U.S. Patent Publication No. 20230327254 A1).
Regarding claim 9, Yunxiang teaches the traction battery pack as recited in claim 8.
Yunxiang is silent as to the pliable, high temperature solid foam material includes silicone foam.
However, Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Yunxiang to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
The result of the modification of Yunxiang by Kim is a silicone foam as the foam portion of the expandable gap filler. Because Kim teaches one of the advantages of the silicone foam, as described above, is excellent thermal insulation properties, the silicone foam of the resulting modification is considered to be a high temperature resistant foam material. Further, the foam material of the foam portion Yunxiang in view of Kim is the same as that of the instant disclosure, and therefore provides further evidence that the foam portion is resistant to high temperatures, meeting the instant claimed limitations.
Further, Kim teaches the silicone foam pad may be made of thermosetting foamed silicone. Thus, if the silicone of Kim is set, the ordinary artisan would find that the silicone foam is a solid silicone foam or it would be obvious to provide the silicone foam as a solid silicone foam, meeting the instant claimed limitation.
As foams are known in the art to exhibit some degree of flexibility, the solid silicone foam of Yunxiang in view of Kim is considered a pliable foam, meeting the instant claimed limitation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang as applied to claims 1, 4-8, 11, and 14 above, and further in view of Browning (cited above, U.S. Patent Publication No. 20210376405 A1).
Regarding claim 10, Yunxiang teaches the traction battery pack as recited in claim 8.
Modified Yunxiang is silent as to the pliable, high temperature resistant solid foam material includes an intumescent additive.
However, Browning discloses a thermal barrier for use in a battery in electric vehicles (Paragraph 0001). Browning teaches a porous core layer (Paragraph 0006) which may be a foam sheet (Paragraph 0026). Browning teaches in some embodiments that the porous core layer may be embedded with a thermally expandable substance (Paragraph 0032), such as an intumescent material in order to enhanced the thermal insulating performance of the core layer by expanding under high heat during cell/module failure (Paragraph 0033).
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 pliable, high temperature resistant solid foam of Yunxiang to incorporate the teachings of Browning in which an intumescent material is included in the foam. Doing so would advantageously result in improved thermal insulating performance, as recognized by Browning.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang as applied to claims 1, 4-8, 11, and 14 above, and further in view of Williams (Korean Patent Publication No. 20230154431 A).
Regarding claim 11, Xu teaches the traction battery pack as recited in claim 5.
In the instance that Xu is found not to teach the binding is comprised of a low melting point material, as alternate rejection is set forth in view of Williams:
Williams discloses an encapsulation of aerogel thermal barriers (Paragraph 0004) that are used in a battery module (Paragraph 0027). Williams teaches the insulating barrier has excellent resistance to heat spread and fire spread (Paragraph 0030). Williams teaches the support member formed as a bag which surrounds the insulating layer (Paragraph 0041), which is similar to the structure of the instant invention and Yunxiang. Williams teaches an embodiment in which the encapsulation is a single material layer, with the material used to form the encapsulation layer being a polymer selected from polyethylene terephthalate (PET), polyethylene (PE), polyimide (PI), rubber, polypropylene, polyamide and nylon. Williams teaches these polymers are suitable owing to their very low thermal conductivity which therefore lowers plane thermal conductivity through the system (Paragraph 0053).
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 binding of Yunxiang to incorporate the teachings of Williams in which it is made of a single material layer of polyethylene terephthalate (PET), polyethylene, or polypropylene. Doing so would advantageously result in a polymer layer which encapsulates a thermal barrier which has low thermal conductivity, as recognized by Williams.
Thus, Yunxiang in view of Williams teaches a structure and composition of the binding which is the same as that of the instant disclosure, and thus the binding of modified Yunxiang is comprised of a low melting point material, meeting the instant claimed limitations
Regarding claim 12, Yunxiang teaches the traction battery pack as recited in claim 11.
Yunxiang is silent as to the low melting point material includes polyethylene terephthalate (PET).
However, Williams discloses an encapsulation of aerogel thermal barriers (Paragraph 0004) that are used in a battery module (Paragraph 0027). Williams teaches the insulating barrier has excellent resistance to heat spread and fire spread (Paragraph 0030). Williams teaches the support member formed as a bag which surrounds the insulating layer (Paragraph 0041), which is similar to the structure of the instant invention. Williams teaches an embodiment in which the encapsulation is a single material layer, with the material used to form the encapsulation layer being a polymer selected from polyethylene terephthalate (PET), polyethylene (PE), polyimide (PI), rubber, polypropylene, polyamide and nylon. Williams teaches these polymers are suitable owing to their very low thermal conductivity which therefore lowers plane thermal conductivity through the system (Paragraph 0053).
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 binding of Yunxiang to incorporate the teachings of Williams in which it is made of a single material layer of polyethylene terephthalate (PET). Doing so would advantageously result in a polymer layer which encapsulates a thermal barrier which has low thermal conductivity, as recognized by Williams.
Regarding claim 13, Yunxiang teaches the traction battery pack as recited in claim 11.
Yunxiang is silent as to the low melting point material includes a polyolefin.
However, Williams discloses an encapsulation of aerogel thermal barriers (Paragraph 0004) that are used in a battery module (Paragraph 0027). Williams teaches the insulating barrier has excellent resistance to heat spread and fire spread (Paragraph 0030). Williams teaches the support member formed as a bag which surrounds the insulating layer (Paragraph 0041), which is similar to the structure of the instant invention. Williams teaches an embodiment in which the encapsulation is a single material layer, with the material used to form the encapsulation layer being a polymer selected from polyethylene terephthalate (PET), polyethylene (PE), polyimide (PI), rubber, polypropylene, polyamide and nylon. Williams teaches these polymers are suitable owing to their very low thermal conductivity which therefore lowers plane thermal conductivity through the system (Paragraph 0053).
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 binding of Yunxiang to incorporate the teachings of Williams in which it is made of a single material layer of polyethylene or polypropylene. Doing so would advantageously result in a polymer layer which encapsulates a thermal barrier which has low thermal conductivity, as recognized by Williams.
Claim 14 is alternately rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang as applied to claims 1, 4-8, 11, and 14, and further in view of Williams and Kim (both cited above).
Regarding claim 14, Yunxiang teaches the traction battery pack as recited in claim 1.
In the instance that the expandable gap filler of Yunxiang is found to not establish a thermal barrier within the void space, the Examiner presents at alternate rejection of claim 14 in view of Williams and Kim:
As discussed above, Williams discloses an encapsulation of aerogel thermal barriers (Paragraph 0004) that are used in a battery module (Paragraph 0027). Williams teaches the insulating barrier has excellent resistance to heat spread and fire spread (Paragraph 0030). Williams teaches the support member formed as a bag which surrounds the insulating layer (Paragraph 0041), which is similar to the structure of the instant invention. Williams teaches an embodiment in which the encapsulation is a single material layer, with the material used to form the encapsulation layer being a polymer selected from polyethylene terephthalate (PET), polyethylene (PE), polyimide (PI), rubber, polypropylene, polyamide and nylon. Williams teaches these polymers are suitable owing to their very low thermal conductivity which therefore lowers plane thermal conductivity through the system (Paragraph 0053).
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 binding of Yunxiang to incorporate the teachings of Williams in which it is made of a single material layer of polyethylene terephthalate (PET), polyethylene, or polypropylene. Doing so would advantageously result in a polymer layer which encapsulates a thermal barrier which has low thermal conductivity, as recognized by Williams.
Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure and of Williams discussed above.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Yunxiang to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
The result of the modification of Yunxiang by Williams and Kim is a silicone foam as the foam portion of the expandable gap filler and polyethylene terephthalate, polyethylene, or polypropylene as the binding material.
Thus, Yunxiang in view of Williams and Kim teaches a structure and composition of the expandable gap filler which is the same as that of the instant disclosure, and thus the expandable gap filler of modified Yunxiang establishes a thermal barrier within the void space, meeting the instant claimed limitations.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang in view of Rhee as applied to claims 2-3, 15-16, 19-20 above, and further in view of Williams (cited above, Korean Patent Publication No. 20230154431 A).
Regarding claim 17, Yunxiang teaches the traction battery pack as recited in claim 16.
Yunxiang is silent as to the binding is comprised of polyethylene terephthalate (PET).
However, Williams discloses an encapsulation of aerogel thermal barriers (Paragraph 0004) that are used in a battery module (Paragraph 0027). Williams teaches the insulating barrier has excellent resistance to heat spread and fire spread (Paragraph 0030). Williams teaches the support member formed as a bag which surrounds the insulating layer (Paragraph 0041), which is similar to the structure of the instant invention. Williams teaches an embodiment in which the encapsulation is a single material layer, with the material used to form the encapsulation layer being a polymer selected from polyethylene terephthalate (PET), polyethylene (PE), polyimide (PI), rubber, polypropylene, polyamide and nylon. Williams teaches these polymers are suitable owing to their very low thermal conductivity which therefore lowers plane thermal conductivity through the system (Paragraph 0053).
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 binding of Yunxiang to incorporate the teachings of Williams in which it is made of polyethylene terephthalate (PET). Doing so would advantageously result in a polymer layer which encapsulates a thermal barrier which has low thermal conductivity, as recognized by Williams.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yunxiang in view of Rhee as applied to claims 2-3, 15-16, 19-20 above, and further in view of Kim (cited above, U.S. Patent Publication No. 20230327254 A1).
Regarding claim 18, Yunxiang teaches the traction battery pack as recited in claim 16.
Yunxiang is silent as to the foam portion is comprised of silicon foam.
However, Kim discloses a battery pack including a battery module in which a plurality of battery cells are stacked with at least one flame-retardant pad interposed between at least one pair of adjacent battery cells or between the cell stack and the housing (Paragraph 0009). Kim teaches the flame retardant pad may be a silicone foam pad (Paragraph 0012) including a coating film of polyethylene terephthalate on the surface of the foam pad (Paragraphs 0014-0015), which aligns with the structure and the materials of the instant disclosure.
Kim teaches the flame retardant pad formed of silicone in order to prevent the transfer of heat and flamen generated by the battery cell. Kim teaches the silicone foam pad having high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability (Paragraphs 0067-0068).
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 foam of the foam portion of Yunxiang to incorporate the teachings of Kim in which the foam is a silicone foam. Doing so would advantageously result in high thermal and chemical stability, excellent flame retardant and thermal insulation properties, high elasticity, and high durability, as recognized by Kim.
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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