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 .
Summary
This is the second Office Action based on Application 18/484,720 and is in response to Applicant Arguments/Remarks filed.
Claims 1-18 are previously pending, of those claims, claim 17 has been amended, and new claim 19 has been added. All amendments have been entered. Claims 1-19 are currently pending and have been fully considered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 9-12, 16-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG (US 2020/0161728 A1) in view of WU (CN 207233915 U).
With respect to claims 1-4. WANG teaches a battery pack for a vehicle (paragraph 0034). The battery pack includes a housing 110 comprised of a thermally conductive material (paragraph 0034). The housing includes four side walls (paragraph 0035). Along the top of the housing is a lid structure 150 (paragraph 0039). The lid structure is comprised of a thermally conductive material (paragraph 0039). The housing includes at least one cavity within the housing (paragraph 0041). The cavity includes at least a bottom panel 205 which corresponds to the bottom of the housing (paragraph 0041). Within the cavity of the housing is a set of battery modules 210 (paragraph 0043). Along the bottom panel of the housing is a bottom ridge plate 300 (paragraph 0047). The bottom ridge plate can support the battery module and a cold plate 310 (paragraph 0047). The cold plate is mechanically coupled to the bottom panel (paragraph 0049). Each cold plate then is thermally coupled to the battery module, and may circulate coolant to transfer heat away from the battery module (paragraph 0050). The apparatus can include a lengthwise divider element 400 which divides the cavity (paragraph 0051). The divider 400 extends from the bottom panel 205 (paragraph 0051). The height of the divider element may be the height of the cavity (paragraph 0052). Further there may be widthwise divider elements 405 (paragraph 0052). The widthwise divider element can contact the battery module, and be supported by the bottom panel 205 of the housing 110 (paragraph 0052).
WANG does not explicitly teach a thermal barrier layer disposed between a bottom surface of the battery assembly and an inner bottom surface of the case, and wherein a thermal conductivity coefficient of the thermal barrier layer is smaller than a thermal conductivity coefficient of the thermally conductive beam or cover.
WU teaches a battery box structure which includes a battery box and a battery module in the battery box (page 3 lines 16-17). The battery box includes a battery cover, side plate, and bottom plate (page 3 lines 17-18). Heat exchange pipes 3 are welded to the bottom plate 2, to ensure fixing and thermal conductivity between the bottom plate (page 3 lines 18-20). The heat exchange pipe and the battery module is clamped between the insulating layer 4 (page 3 lines 20-21). The heat exchange pipe line is performed with heat exchange directly with the insulating layer 4 (page 3 lines 20-23). The insulating layer 4 has a heat preservation function of the battery module when the battery module is too low temperature in a low temperature environment (page 3 lines 28-29). The insulating layer also has the function of conducting heat when the temperature of the battery module is too high, and the redundant heat can be quickly dissipated (page 3 lines 29-30). The heat preservation layer 4 has a thermal conductivity coefficient of less than 1 W/m (page 3 lines 30-31).
At the time the invention was filed one having ordinary skill in the art would have been motivated to combine the insulating layer 4 formed between the coolant plate and the battery module as taught by WU for the battery pack of WANG, as this is a combination of known prior art elements in order to achieve predictable results. Specifically WU teaches such an insulating layer is beneficial in order to control the heat conduction of the battery module at the extremes of temperature. WANG teaches the material of the housing is aluminum (paragraph 0034). Which is taken to have a higher thermal conductivity coefficient than the insulating layer of WU.
With respect to claims 9-10. WANG teaches battery module 210 (paragraph 0043). Each module including a set of battery cells (paragraph 0044). The specific structure of the electrode assembly inside the housing of each cell is taken to be a matter of routine experimentation, as the desired type of battery cell would have been obvious at the time of the invention and would be capable of being determined by one of ordinary skill n the art.
With respect to claim 11. WANG teaches as seen in Figure 2 the battery assembly is divided in at least two groups.
With respect to claim 12. WANG teaches a height of the thermally conductive beam, being the divider 400 which may be the height of the cavity (paragraph 0052). WU then teaches the insulating layer 4 which is taken to be the claimed thermal barrier layer. WU does not explicitly teach a thickness of the insulating layer 4 or the ratio the thickness to the height of the casing. However this is taken to be mere change in size/proportion and would have been obvious at the time the invention was filed. See MPEP 2144.04(IV)A. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.).
With respect to claim 17. WANG teaches a battery pack for a vehicle (paragraph 0034). The battery pack includes a housing 110 comprised of a thermally conductive material (paragraph 0034). The housing includes four side walls (paragraph 0035). Along the top of the housing is a lid structure 150 (paragraph 0039). The lid structure is comprised of a thermally conductive material (paragraph 0039). The housing includes at least one cavity within the housing (paragraph 0041). The cavity includes at least a bottom panel 205 which corresponds to the bottom of the housing (paragraph 0041). Within the cavity of the housing is a set of battery modules 210 (paragraph 0043). Along the bottom panel of the housing is a bottom ridge plate 300 (paragraph 0047). The bottom ridge plate can support the battery module and a cold plate 310 (paragraph 0047). The cold plate is mechanically coupled to the bottom panel (paragraph 0049). Each cold plate then is thermally coupled to the battery module, and may circulate coolant to transfer heat away from the battery module (paragraph 0050). The apparatus can include a lengthwise divider element 400 which divides the cavity (paragraph 0051). The divider 400 extends from the bottom panel 205 (paragraph 0051). The height of the divider element may be the height of the cavity (paragraph 0052). Further there may be widthwise divider elements 405 (paragraph 0052). The widthwise divider element can contact the battery module, and be supported by the bottom panel 205 of the housing 110 (paragraph 0052).
WANG does not explicitly teach a thermal barrier layer disposed between a bottom surface of the battery assembly and an inner bottom surface of the case, and wherein a thermal conductivity coefficient of the thermal barrier layer is smaller than a thermal conductivity coefficient of the thermally conductive beam or cover.
WU teaches a battery box structure which includes a battery box and a battery module in the battery box (page 3 lines 16-17). The battery box includes a battery cover, side plate, and bottom plate (page 3 lines 17-18). Heat exchange pipes 3 are welded to the bottom plate 2, to ensure fixing and thermal conductivity between the bottom plate (page 3 lines 18-20). The heat exchange pipe and the battery module is clamped between the insulating layer 4 (page 3 lines 20-21). The heat exchange pipe line is performed with heat exchange directly with the insulating layer 4 (page 3 lines 20-23). The insulating layer 4 has a heat preservation function of the battery module when the battery module is too low temperature in a low temperature environment (page 3 lines 28-29). The insulating layer also has the function of conducting heat when the temperature of the battery module is too high, and the redundant heat can be quickly dissipated (page 3 lines 29-30). The heat preservation layer 4 has a thermal conductivity coefficient of less than 1 W/m (page 3 lines 30-31).
At the time the invention was filed one having ordinary skill in the art would have been motivated to combine the insulating layer 4 formed between the coolant plate and the battery module as taught by WU for the battery pack of WANG, as this is a combination of known prior art elements in order to achieve predictable results. Specifically WU teaches such an insulating layer is beneficial in order to control the heat conduction of the battery module at the extremes of temperature. WANG teaches the material of the housing is aluminum (paragraph 0034). Which is taken to have a higher thermal conductivity coefficient than the insulating layer of WU.
With respect to claim 19. WANG teaches a temperature control component being the cold plate 310 (paragraph 0047 and Figure 3). WANG teaches at least a divider element (paragraph 0051-0052) taken to be the claimed beam. WANG teaches the thermally conductive lid (paragraph 0039). Then WU teaches Insulating layer formed on the heat exchange pipe (page 3 lines 20-21). Therefore WANG in view of WU teaches the same structure which would allow for the effect of the heat released from the temperature control being transferred to the beam and then the cover in sequence, as the cold plate of WANG similarly has the insulating layer formed between the battery and the cold plate. Paragraph [0062] of the present application Specification recites that the thermal barrier layer 6 is provided to enable this function. Then WANG and WU teaches the same structure, and therefore is taken to have the same effect.
Claim(s) 5-7, 13-15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG (US 2020/0161728 A1) in view of WU (CN 207233915 U) as applied to claim 1 above, and further in view of ZHAO (CN 108899610 A).
Claims 5-7 are dependent upon claim 1, and claim 18 is dependent upon claim 16, both of which are rejected above under 35 U.S.C. 103 in view of WANG and WU. WANG teaches as seen in Figure 2 the battery pack 105 which includes a lid structure 150 (paragraph 0039). WANG then teaches the divider 400 may be the height of the cavity (paragraph 0052). WANG does not explicitly teach a thermally conductive layer disposed between the mounting part and the thermally conductive beam or the top surface.
ZHAO teaches a battery pack which includes a cover body and a device main body (abstract). The device is provided with a graphite heat conductive layer which absorb and disperses the heat generated from the battery which improves the service life of the battery assembly (abstract).
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the graphite heat conductive layer of ZHAO over the housing of WANG as this is a combination of known prior art elements in order to achieve predictable results. This is taken to further include forming the graphite over the divider 400.
With respect to claims 13-15. WU teaches the thermal coefficient of the barrier layer, being the insulating material, and has a value of less than 1 W/MK. The thermal conductive material of ZHAO then is that of graphite. The ratio of the thermal conductivity of the graphite to that of the insulating material may be adjusted as a matter of routine optimization in order to achieve the desired heat transfer characteristics.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG (US 2020/0161728 A1) in view of WU (CN 207233915 U) as applied to claim 1 above, and further in view of YAO (CN 207504140 U).
Claim 8 is dependent upon claim 1 which is rejected above under 35 U.S.C. 103 in view of WANG and YAO. WANG teaches a lid structure 150 (paragraph 0039) but does not explicitly teach a cover body over the cover.
YAO teaches a battery structure that includes a housing 1 with a heat dissipating top plate 3 embedded in the upper part of the housing (paragraph 0026).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the lid structure of WANG with the lid structure of YAO which includes the separate covers including the heat dissipating plate, as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
Response to Arguments
Applicant’s arguments, see page 11 of Applicant Arguments/Remarks, filed 07/07/2026, with respect to the nonstatutory double patenting rejection of claims 1-18 in view of U.S. Patent 11,824,177 B2 have been fully considered and are persuasive. The double patenting rejection of claims 1-18 in view of Patent 11,824,177 has been withdrawn.
Applicant has filed a terminal disclaimer to overcome the rejection.
Applicant’s arguments, see page 8 of Applicant Arguments/Remarks, filed 07/07/2026, with respect to the rejection(s) of claim(s) 17 under 35 U.S.C. 102 in view of WANG have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of WANG and WU.
Claim 17 was amended to recite the thermal barrier layer. WANG does not teach the thermal barrier layer, however, WU as noted above teaches an insulating layer 4 which is taken to be the claimed thermal barrier layer. Therefore the combination of WANG and WU are taken to meet the amended claim limitations.
Applicant's arguments filed 07/07/2026 have been fully considered but they are not persuasive.
Applicant argues against the 35 U.S.C. 103 rejection of claims 1-16 and 18 in view WANG and WU. On page 9 of Applicant Arguments/Remarks Applicant argues that WANG fails to teach utilizing the divider 400 as a thermally conductive beam in a targeted heat transfer loop with the thermally conductive cover to adjust the temperature of the top of the battery assembly. This argument is not persuasive as it relates to unclaimed subject matter. At most claim 1 requires the cover being connected to the beam. On page 10 Applicant argues that WU’s insulating layer does not perform the function of redirecting the thermal transfer path towards a side beam and a top cover, or otherwise complete the heat transfer path. As noted above, this argument is not persuasive as it relates to unclaimed subject matter.
On page 10 of Applicant Arguments/Remarks, Applicant argues that there is no motivation to combine WANG and WU. Applicant Argues that if one skilled int eh art were to introduce WU’s insulating layer directly between the battery module and the bottom plate of WANG, it would block WANG’s primary cooling mechanism, rendering WANG’s bottom cold plates ineffective. This argument is not persuasive. Specifically WU explicitly teaches that the insulating layer is formed over the heat exchange pipes 3 (page 3 lines 18-20) and has the function of the battery module in a low temperature environment (page 3 lines 18-29). Thus the insulation layer has the function of conducting heat when the temperature of the battery module is too high, and the redundant heat can be quickly dissipated (page 3 lines 29-30). Therefore the function of WANG would still be preserved allowing the heat generated from the cells to be dissipated. Therefore the argument against the combination of WANG and WU is not persuasive.
On page 10 of Applicant Arguments/Remarks Applicant argues that WANG and WU does not teach the crucial step of actively routing the thermal exchange upward through a thermally conductive beam and across a thermally conductive cover to balance temperature distribution along the height of the battery pack. However this argument is not persuasive as it relates to unclaimed subject matter. Specifically claim 1 does not teach the routing of thermal energy to create a balanced temperature distribution as argued, and therefore this argument is not persuasive as it is drawn to unclaimed subject matter.
The Examiner notes that new claim 19 does explicitly claim the heat released by the temperature control component is transferred to the beam and the cover. As noted above though, WANG and WU teaches the same structure as claimed, and therefore is taken to have the same effect of the thermal transfer as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
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