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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 10-13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chow (US 2011/0091749).
Regarding independent claims 1 and 16, as well as claims 2, 3, and 15, Chow discloses a traction battery pack assembly and method of its manufacture to form a thermal barrier (see paragraphs [0029]-[0035]; and Figures 2-5), in which the traction battery pack assembly comprises the following structural features and process steps (also refer to annotated Figure 3 of Chow below):
providing an enclosure assembly that defines an interior area (see annotated Figure 3 of Chow below);
forming a cell stack (26,28) within the interior area, the cell stack (26,28) having a plurality of battery cells (22) disposed along a cell stack axis, wherein each battery cell (22) within the plurality of battery cells (22) would include one or more terminal tabs that projects outward from the cell stack axis (see annotated Figure 3 of Chow below);
forming a plurality of insulative pieces (34,36,44,46) that are bound together to provide a thermal barrier within the interior area, wherein the plurality of insulative pieces (34,36,44,46) are separate and distinct from one another by not being directly attached to each other, with each of the insulative pieces (34,36,44,46) defining a rectangular axial cross-section (see paragraphs [0030] and [0035]; and annotated Figure 3 of Chow below); and
positioning the thermal barrier within an enclosure of a traction battery pack (see paragraphs [0029] and [0030]; and annotated Figure 3 of Chow below).
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Regarding claim 10, Chow discloses that the thermal barrier (top insulative pieces (34,44)) is disposed along the vertical top of the cell stack (26,28) having a plurality of battery cells (22), as shown in annotated Figure 3 of Chow above (see paragraph [0030]).
Regarding claim 11, Chow discloses that the enclosure assembly includes a plurality of enclosure vents (see paragraphs [0031] and [0032]; and Figures 2 and 4), with the thermal barriers (insulative pieces (34,36,44,46)) being disposed between the cell stack (26,28) and at least one enclosure vent of the plurality of enclosure vents (see Figures 2 and 4, as well as annotated Figure 3 of Chow above).
Regarding claims 12 and 13, Chow discloses that the enclosure assembly includes an enclosure cover (30), wherein the thermal barrier (top insulative pieces (34,44)) is disposed in a compressed manner between the enclosure cover (30) and the cell stack (26,28) to cover the cell stack (26,28) – see paragraph [0030] and annotated Figure 3 of Chow above.
Regarding claim 17, Chow discloses that at least one vent path is formed between the plurality of insulative pieces (34,36,44,46) – see Figures 2 and 4, as well as annotated Figure 3 of Chow above, to illustrate a plurality of holes for venting (also see paragraphs [0031] and [0032]).
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.
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 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 4-9, 14, 18-20, and new claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chow (US 2011/0091749), and further in view of Pitre et al. (US 2022/0328918), cited in the Information Disclosure Statement dated August 10, 2023.
Regarding claims 4, 5, and 18, although Chow discloses the limitations of independent claims 1 and 16 above, Chow fails to explicitly teach that the insulative pieces are made of foam.
However, Pitre et al. disclose a battery module comprising a plurality of pouch cells (abstract; paragraphs [0049]-[0058]; and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) further include insulative pieces in the form of (closed-cell) foam pads (22), wherein use of the foam pads (22) as insulative pieces is advantageous for providing additional heat insulation to reduce temperatures and pressures (see abstract; and paragraphs [0055]-[0058]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the traction battery pack assembly and method of its manufacture to form a thermal barrier, as disclosed by Chow, by using (closed-cell) foam pads as insulative pieces (with insulation for battery cells being common and well-known in the art), as taught by Pitre et al., in order to provide additional heat insulation to reduce temperatures and pressures (Pitre et al.; abstract; and paragraphs [0055]-[0058]).
Regarding claims 6-9, 19, and 20, although Chow discloses the limitations of independent claims 1 and 16 above, including that the plurality of insulative pieces (34,36,44,46) are detached from each other (as addressed in applicants’ claims 2 and 3 above) and that the insulative pieces (34,36,44,46) are placed on top of the cell stack (26,28) in a closed position to keep the insulative pieces (34,36,44,46) in an intact state (see annotated Figure 3 of Chow above), Chow fails to explicitly teach that the insulative pieces (34,36,44,46) are each attached to a joining member (of claim 6), are bound together by an adhesive tape (of claims 7 and 19), a membrane sheet (of claim 8), and a mesh sheet (of claims 9 and 20).
However, Pitre et al. disclose a battery module comprising a plurality of pouch cells (abstract; paragraphs [0049]-[0058]; and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) further include insulative pieces in the form of (closed-cell) foam pads (22), wherein use of the foam pads (22) as insulative pieces is advantageous for providing additional heat insulation to reduce temperatures and pressures (see abstract; and paragraphs [0055]-[0058]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the traction battery pack assembly and method of its manufacture to form a thermal barrier, as disclosed by Chow, by using (closed-cell) foam pads as insulative pieces (with insulation for battery cells being common and well-known in the art), as taught by Pitre et al., in order to provide additional heat insulation to reduce temperatures and pressures (Pitre et al.; abstract; and paragraphs [0055]-[0058]).
With regard to the types of insulative pieces for use as thermal barriers and fixing materials to secure the insulative pieces to one another and/or to another structure within the traction battery pack assembly, one of ordinary skill in the art would have recognized that use of one or more of a variety of fixing/securing structures (including joining by adhesive tape, a membrane sheet, and/or a mesh sheet) would have been obvious to one of ordinary skill in the art, in order to join the insulative pieces in a more secure manner (see abstract and Figure 1 of Pitre et al.), rather than or in addition to merely being compressed between the enclosure cover (30) and the cell stack (26,28) disclosed by Chow (as addressed in applicants’ claim 13 above). Moreover, providing additional adhesive tape or a membrane/mesh sheet to hold the plurality of insulative pieces together would be merely a design choice for obtaining additional securing of each of the plurality of insulative pieces together. In this instance, one of ordinary skill in the art would have recognized that selection between one or more securing/joining structures would have been obvious to try by choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, for the purpose of further improving fixed positioning of the insulative pieces.
Regarding claim 14, although Chow discloses the limitations of independent claim 1 above, Chow fails to teach that the plurality of battery cells (22) would be in the form of a plurality of pouch battery cells.
However, Pitre et al. disclose a battery module comprising a plurality of pouch cells (abstract; paragraphs [0049]-[0058]; and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) that are advantageous for improved cooling and a more compact stacking design (see abstract; paragraphs [0050]-[0055]; and Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the plurality of battery cells in the traction battery pack assembly disclosed by Chow, by using a plurality of pouch cells, as taught by Pitre et al., in order to obtain improved cooling and a more compact stacking design (Pitre et al.; abstract; paragraphs [0050]-[0055]; and Figure 1).
Regarding new claim 21, although the combined teachings of Chow and Pitre et al. fail to explicitly teach that the step of positioning is carried out after the binding step, it would have been obvious to one of ordinary skill in the art to bind each of the insulative pieces together prior to positioning to obtain an entire thermal barrier, for the purpose of improved positioning with precise matching dimensions between the plurality insulative pieces (forming the entire thermal barrier) to more precisely seal with an entire enclosure of predetermined cross-section.
Regarding new independent claim 22, Chow discloses a traction battery pack assembly (see paragraphs [0029]-[0035]; and Figures 2-5), in which the traction battery pack assembly comprises the following structural features (also refer to annotated Figure 3 of Chow below):
an enclosure assembly that defines an interior area (see annotated Figure 3 of Chow below);
a cell stack (26,28) within the interior area, the cell stack (26,28) having a plurality of battery cells (22) – see annotated Figure 3 of Chow below; and
a plurality of insulative pieces (34,36,44,46) that provide a thermal barrier within the interior area, wherein the plurality of insulative pieces (34,36,44,46) are detached from one another to provide a gap between adjacent insulative pieces (34,36,44,46) within the plurality of insulative pieces (34,36,44,46), the gap providing a flow passage through the thermal barrier for venting of byproducts from the cell stack (26,28) – see paragraphs [0030] and [0035]; and annotated Figure 3 of Chow below,
wherein the thermal barrier is positioned within an enclosure of a traction battery pack (see paragraphs [0029] and [0030]; and annotated Figure 3 of Chow below).
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Chow fails to teach that each of the insulative pieces is attached to a joining member that is operable to bind together the plurality of insulative pieces.
However, Pitre et al. disclose a battery module comprising a plurality of pouch cells (abstract; paragraphs [0049]-[0058]; and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) further include insulative pieces in the form of (closed-cell) foam pads (22), wherein use of the foam pads (22) as insulative pieces is advantageous for providing additional heat insulation to reduce temperatures and pressures (see abstract; and paragraphs [0055]-[0058]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the traction battery pack assembly, as disclosed by Chow, by using (closed-cell) foam pads as insulative pieces (with insulation for battery cells being common and well-known in the art), as taught by Pitre et al., in order to provide additional heat insulation to reduce temperatures and pressures (Pitre et al.; abstract; and paragraphs [0055]-[0058]).
With regard to the types of insulative pieces for use as thermal barriers and fixing materials to secure the insulative pieces to one another and/or to another structure within the traction battery pack assembly, one of ordinary skill in the art would have recognized that use of one or more of a variety of fixing/securing structures (including joining by adhesive tape, a membrane sheet, and/or a mesh sheet) would have been obvious to one of ordinary skill in the art, in order to join the insulative pieces in a more secure manner (see abstract and Figure 1 of Pitre et al.), rather than or in addition to merely being compressed between the enclosure cover (30) and the cell stack (26,28) disclosed by Chow (as addressed in applicants’ claim 13 above). Moreover, providing additional adhesive tape or a membrane/mesh sheet to hold the plurality of insulative pieces together would be merely a design choice for obtaining additional securing of each of the plurality of insulative pieces together. In this instance, one of ordinary skill in the art would have recognized that selection between one or more securing/joining structures would have been obvious to try by choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, for the purpose of further improving fixed positioning of the insulative pieces.
Response to Arguments
The examiner acknowledges the applicants’ amendment and replacement drawing sheets received by the USPTO on August 3, 2026. The replacement drawing sheets overcome the prior objection to the drawings, and the amendment overcomes the prior objections to the specification and claims. The applicants have cancelled claims 13 and 18 while adding new claims 21 and 22. Claims 1-12, 14-17, and 19-22 are currently under consideration in the application.
Applicants' arguments filed August 3, 2026 have been fully considered but they are not persuasive.
With regard to the applicants’ remarks/arguments on pages 8-13 of the amendment, the applicants first argue (in the 1st and 2nd paragraphs on page 8 of the REMARKS section) that Chow does not disclose a battery cell having a terminal tab. The examiner respectfully disagrees, as the claimed invention (of independent claim 1) sets forth that a terminal tab “projects outward from the cell stack axis”. The Office Action indicated that each battery cell (22) includes a terminal tab since there is no distinction or clear detail of the terminal tab. The examiner is taking the broadest reasonable interpretation that battery cells include terminal tabs to conduct/provide energy therefrom.
On pages 8 and 9 of the REMARKS section, the applicants argue that Chow fails to teach (in independent claim 1) that the insulating sheets of Chow “are not bound together”. The examiner respectfully disagrees, since the examiner is taking the broadest reasonable interpretation that “bound together” means to put together in a given order to serve a purpose. In this instance, the insulating sheets (34,36,44,46) of Chow are put together on top of the cells, and thus would be bound together (also refer to annotated Figure 3 of Chow above).
On pages 9 and 10 of the REMARKS section, the applicants argue that Chow fails to teach the limitation of claims 15-17. The examiner respectfully disagrees. Figure 3 of Chow discloses a rectangular cross section, while Figures 2-4 of Chow show holes that can provide venting and positioning the thermal barrier within an enclosure of a traction battery pack (also refer to paragraphs [0029] and [0030]).
On pages 10 and 11 of the REMARKS section, the applicants address the 35 USC 103 rejection by first arguing that Chow (as directed to applicants’ claims 4 and 5) would not be obvious to combine with Pitre et al. The examiner respectfully disagrees. Regarding claims 4 and 5, although Chow fails to explicitly teach that the insulative pieces are made of foam, Pitre et al. disclose a battery module comprising a plurality of pouch cells (see paragraphs [0049]-[0058] and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) further include insulative pieces in the form of (closed-cell) foam pads (22), wherein use of the foam pads (22) as insulative pieces is advantageous for providing additional heat insulation to reduce temperatures and pressures (see abstract and paragraphs [0055]-[0058]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the traction battery pack assembly and method of its manufacture to form a thermal barrier, as disclosed by Chow, by using (closed-cell) foam pads as insulative pieces (with insulation for battery cells being common and well-known in the art), as taught by Pitre et al., in order to provide additional heat insulation to reduce temperatures and pressures (see abstract and paragraphs [0055]-[0058] of Pitre et al.).
Throughout pages 11-13 of the REMARKS section, the applicants argue that the combined teachings of Chow and Pitre et al. fail to teach/suggest the limitations of claims 6-9, 19, and 20, and the examiner respectfully disagrees. Regarding these claims, although Chow fails to explicitly teach that the insulative pieces (34,36,44,46) are each attached to a joining member that are bound together by an adhesive tape, a membrane sheet, and a mesh sheet, Pitre et al. disclose a battery module comprising a plurality of pouch cells (abstract; paragraphs [0049]-[0058]; and Figure 1), in which the battery module (10) comprising the plurality of pouch cells (16) further include insulative pieces in the form of (closed-cell) foam pads (22), wherein use of the foam pads (22) as insulative pieces is advantageous for providing additional heat insulation to reduce temperatures and pressures (see abstract; and paragraphs [0055]-[0058]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the traction battery pack assembly and method of its manufacture to form a thermal barrier, as disclosed by Chow, by using (closed-cell) foam pads as insulative pieces (with insulation for battery cells being common and well-known in the art), as taught by Pitre et al., in order to provide additional heat insulation to reduce temperatures and pressures (see Pitre et al.; abstract; and paragraphs [0055]-[0058]). With regard to the types of insulative pieces for use as thermal barriers and fixing materials to secure the insulative pieces to one another and/or to another structure within the traction battery pack assembly, one of ordinary skill in the art would have recognized that use of one or more of a variety of fixing/securing structures (including joining by adhesive tape, a membrane sheet, and/or a mesh sheet) would have been obvious to one of ordinary skill in the art, in order to join the insulative pieces in a more secure manner (see abstract and Figure 1 of Pitre et al.), rather than or in addition to merely being compressed between the enclosure cover (30) and the cell stack (26,28) disclosed by Chow (as addressed in applicants’ claim 13 above). Moreover, providing additional adhesive tape or a membrane/mesh sheet to hold the plurality of insulative pieces together would be merely a design choice for obtaining additional securing of each of the plurality of insulative pieces together. In this instance, one of ordinary skill in the art would have recognized that selection between one or more securing/joining structures would have been obvious to try by choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, for the purpose of further improving fixed positioning of the insulative pieces.
In view of the 35 USC 102(a)(1) and 35 USC 103 rejections, and for these additional reasons, claims 1-12, 14-17, and 19-22 are rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 September 11, 2026
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