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 initial Office Action based on Application 18/484,720 filed 10/11/2023 by Kaijie You, Yongguang Wang, Peng Wang, Linggang Zhou, and Xingdi Chen.
Claims 1-18 are currently pending and have been fully considered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by WANG (US 2020/0161728 A1).
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).
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 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.).
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,824,177 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because patent ‘177 claims a battery pack including a case, thermally conductive beam, temperature control component, thermally conductive cover connected to the beam, a plurality of cells (claim 1) and a thermal barrier layer disposed between a bottom surface of the battery assembly and the bottom region of the case, wherein a thermal conductivity coefficient of the thermal barrier layer is smaller than a thermal conductivity coefficient of the thermally conductive bean or the thermally conductive cover (claim 2).
Conclusion
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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