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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 27, 2026 has been entered.
Response to Amendment
This Non-final Rejection is in response to the Response After Final Action dated March 27, 2026 filed in response to the Final Rejection dated March 4, 2026.
The 35 U.S.C. 102(a)(1) rejection
Response to Arguments
As an introductory point of response, Examiner respectfully submits applicant’s assertions regarding how the previous Office action used Bampton (U.S. Patent No. 4,820,355) and Amidei (EP 1 044 798 A2) are incorrect. Applicant first states, at the bottom of page 8 of the Amendment, Bampton was used as the anticipating prior art reference in the rejection of claims 1, 5-6, 8 and 17-19 under 35 U.S.C. 102(a)(1)in the previous Final Rejection. However, Amidei, not Bampton, was used as the anticipating prior art reference in rejecting claims 1, 5-6, 8 and 17-19. See numbered paragraph 10 at the bottom of page 3 of the previous Office action. Also, in the middle of page 10, applicant states Amidei was used as the anticipating prior art reference in rejecting claim 9 and 12-13 under 35 U.S.C. 102(a)(1). However, Bampton, not Amidei, was used as the anticipating prior art reference in rejecting claims 9 and 12-13. See numbered paragraph 18 near the top of page 7 of the previous Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "wherein the securing the edge of the three metal sheets together includes" in the first two lines of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 6 will be interpreted as claiming bonding in line 1 for examination purposes to facilitate compact prosecution.
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.
Claims 1, 5-6, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent Application Publication No. EP 0 460 872 A1 by Banks et al., hereinafter “Banks”.
Regarding claim 1, Banks discloses a method of making a cold plate (method disclosed in Figs. 2A-4C; col. 4, line 17-28), comprising:
stacking three metal sheets on top of each other while each of the three metal sheets is generally flat (metal sheets 60, 62 and 64 in Figs. 2A and 2B are stacked on top of each other while each are generally flat; col. 6, line 31-38);
bonding an entire perimeter edge of the three metal sheets together (the entire perimeter of the sheets are welded together at 73 in Figs. 2A and 2B; col. 7, line 2-4);
bonding a top one of the metal sheets to a middle one of the metal sheets at a plurality of first locations (top metal sheet 64 is diffusion bonded to middle metal sheet 62 at locations 67’ where stop-off material has not been applied; col. 6, line 39 through col. 7, line 36);
bonding a bottom one of the metal sheets to the middle one of the metal sheets at a plurality of second locations different than the plurality of first locations (bottom metal sheet 60 is diffusion bonded to middle metal sheet 62 at locations 67 where stop-off material has not been applied);
supplying a pressurized medium between the top one of the metal sheets and the bottom one of the metal sheets to separate the top one of the metal sheets from the bottom one of the metal sheets and deform the middle one of the metal sheets (pressurized argon gas is supplied between metal sheets 60 and 64 in Figs. 2A and 2B to separate top metal sheet 64 from bottom metal sheet 60 and deform middle metal sheet 62; col. 7, line 57 through col. 8, line 53), wherein one of the top metal sheet and the bottom metal sheet includes a coolant inlet port connected to a coolant supply to introduce coolant between the top metal sheet and the bottom metal sheet and one of the top metal sheet and the bottom metal sheet includes a coolant outlet port to allow the coolant to exit entirely from between the top metal sheet and the bottom metal sheet (Fig. 4A shows the method of how stop-off material is applied to make a cold plate heat exchanger where a coolant supply is to be connected to inlet 82 and coolant exit 84 allows coolant to exit from between the sheets; col. 9, line 12-50).
Regarding claim 5, Banks anticipates the method according to claim 1 as explained above. Banks further discloses the bonding of the top one of the metal sheets (64 in Figs. 2A and 2B) to the middle one of the metal sheets (62 in Figs. 2A and 2B) and the bonding of the bottom one of the metal sheets (60 in Figs. 2A and 2B) to the middle one of the sheets includes welding. Top metal sheet 64 is bonded to middle metal sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B. Bottom metal sheet 60 is bonded to middle metal sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B.
Regarding claim 6, Banks anticipates the method according to claim 1 as explained above. Banks further discloses the bonding the edge of the three metal sheets together includes welding the edges of the sheets together at 73 in Figs. 2A and 2B.
Regarding claim 17, Banks discloses a battery module cooling plate (the heat exchanger disclosed as being made using the method of how stop-off material is applied in Fig. 4A is capable of being used as a cooling plate for a battery module), comprising:
a bottom metal sheet (bottom metal sheet 60 in Figs. 2A and 2B);
a middle metal sheet bonded to the bottom metal sheet along an entire perimeter edge of the middle metal sheet and the bottom metal sheet and at a plurality of first intermediate locations (middle metal sheet 62 is weld-bonded to bottom metal sheet 60 along their entire perimeter at 73 in Figs. 2A and 2B and are diffusion bonded together at a plurality of intermediate locations 67 where stop-off material has not been applied), the middle metal sheet further bonded to a top metal sheet along an entire perimeter edge of the middle metal sheet and the top metal sheet and at a plurality of second intermediate locations different than the first intermediate locations (middle metal sheet 62 is weld-bonded to top metal sheet 64 along their entire perimeter at 73 in Figs. 2A and 2B and diffusion bonded together at a plurality of intermediate locations 67’ where stop-off material has not been applied), wherein the top metal sheet and the bottom metal sheet are spaced from one another and the middle metal sheet is undulating between the top metal sheet and the bottom metal sheet (Fig. 3 shows where top metal sheet 64 is spaced from bottom metal sheet 60 with middle metal sheet 62 undulating between them), wherein one of the top metal sheet and the bottom metal sheet includes a coolant inlet port connected to a coolant supply to introduce coolant between the top metal sheet and the bottom metal sheet and one of the top metal sheet and the bottom metal sheet includes a coolant outlet port to allow the coolant to exit entirely from between the top metal sheet and the bottom metal sheet (Fig. 4A shows the method of how stop-off material is applied to make a cold plate heat exchanger where a coolant supply is to be connected to inlet 82 and coolant exit 84 allows coolant to exit from between the sheets).
Regarding claim 19, Banks anticipates the battery module cooling plate according to claim 17 as explained above. Banks further discloses the middle metal sheet (sheet 62 in Figs. 2A and 2B) is bonded to the top metal sheet (sheet 64 in Figs. 2A and 2B) and the middle metal sheet is bonded to the bottom metal sheet (sheet 60 in Figs. 2A and 2B) by at least one of a laser weld, a friction weld, a resistance weld and roll bonding. Top metal sheet 64 is bonded to middle metal sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B. Bottom metal sheet 60 is bonded to middle metal sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B.
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.
Claims 2-3, 9-10, 12-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Banks in view of U.S. Patent No. 4,820,355 to Bampton, hereinafter “Bampton”.
Regarding claim 2, Banks anticipates the method according to claim 1 as explained above. However, Banks does not disclose the middle one of the metal sheets is thinner than both the top one of the metal sheets and the bottom one of the metal sheets.
In the same field of manufacturing methods for producing expanded three-layer structures, Bampton teaches it was known before the effective filing date of the claimed invention to use a thinner sheet of metal material as the middle layer in a three-sheet structure. See col. 2, line 5-11 and col. 3, line 31-34.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a thinner middle metal sheet as Banks’ middle metal sheet 62 in the same way Bampton teaches using aluminum middle sheet 13 as a thinner middle metal sheet. A person of ordinary skill would have recognized applying the teaching of Bampton to Banks’ method would achieve the predictable result of a method of making a cold plate where the middle metal plate is thinner than the top and bottom sheets.
Regarding claim 3, Banks anticipates the method according to claim 1 as explained above. However, Banks does not disclose using pressurized air as the pressurized medium. Column 3, line 37-52 and column 7, line 16-30 disclose using argon as an inert gas used to evacuate the forming die and as the pressurized medium which separates the metal sheets.
In the same field of manufacturing methods for producing expanded three-layer structures, Bampton teaches it was known before the effective filing date of the claimed invention to use any suitable inert gas as the pressurized medium. See col. 5, line 29-37.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an inert gas, such as air, as the pressurized medium in Banks’ method in the same way Bampton teaches. A person of ordinary skill would have recognized applying the teaching of Bampton to the method disclose by Banks would achieve the predictable result of Banks’ method where air instead of argon was used as the pressurized gas medium.
Regarding claim 9, Banks discloses a method of making a cold plate, comprising:
stacking three aluminum sheets on top of each other while each of the three aluminum sheets is generally flat (Titanium sheets 60, 62 and 64 in Figs. 2A and 2B are stacked on top of each other while each are generally flat; col. 6, line 31-38. Column 13, line 49-57 discloses aluminum may be used as a replacement for titanium.);
bonding an entire perimeter edge of the three aluminum sheets together (the entire perimeter of the sheets are welded together at 73 in Figs. 2A and 2B);
bonding the top one of the aluminum sheets to the middle one of the aluminum sheets at a plurality of first locations (top metal sheet 64 is diffusion bonded to middle metal sheet 62 at locations 67’ where stop-off material has not been applied);
bonding the bottom one of the aluminum sheets to the middle one of the aluminum sheets at a plurality of second locations different than the plurality of first locations (bottom metal sheet 60 is diffusion bonded to middle metal sheet 62 at locations 67 where stop-off material has not been applied);
supplying a pressurized medium between the top one of the aluminum sheets and the bottom one of the aluminum sheets to separate the top one of the aluminum sheets from the bottom one of the aluminum sheets and deform the middle one of the aluminum sheets (pressurized argon gas is supplied between metal sheets 60 and 64 in Figs. 2A and 2B to separate top metal sheet 64 from bottom metal sheet 60 and deform middle metal sheet 62), wherein one of the top metal sheet and the bottom metal sheet includes a coolant inlet port connected to a coolant supply to introduce coolant between the top metal sheet and the bottom metal sheet and one of the top metal sheet and the bottom metal sheet includes a coolant outlet port to allow the coolant to exit entirely from between the top metal sheet and the bottom metal sheet (Fig. 4A shows the method of how stop-off material is applied to make a cold plate heat exchanger where a coolant supply is to be connected to inlet 82 and coolant exit 84 allows coolant to exit from between the sheets).
Banks does not disclose the middle metal sheet 62 in Figs. 2A and 2B is thinner than both the top and bottom metal sheets 64 and 60.
In the same field of manufacturing methods for producing expanded three-layer structures, Bampton teaches it was known before the effective filing date of the claimed invention to use a thinner sheet of metal material as the middle layer in a three-sheet structure. See col. 2, line 5-11 and col. 3, line 31-34.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a thinner middle metal sheet as Banks’ middle metal sheet 62 in the same way Bampton teaches using aluminum middle sheet 13 as a thinner middle metal sheet. A person of ordinary skill would have recognized applying the teaching of Bampton to Banks’ method would achieve the predictable result of a method of making a cold plate where the middle metal plate is thinner than the top and bottom sheets.
Regarding claim 10, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 as explained above. However, Banks does not disclose using pressurized air as the pressurized medium. Column 3, line 37-52 and column 7, line 16-30 disclose using argon as an inert gas used to evacuate the forming die and as the pressurized medium which separates the metal sheets.
In the same field of manufacturing methods for producing expanded three-layer structures, Bampton teaches it was known before the effective filing date of the claimed invention to use any suitable inert gas as the pressurized medium. See col. 5, line 29-37.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an inert gas, such as air, as the pressurized medium in Banks’ method in the same way Bampton teaches. A person of ordinary skill would have recognized applying the teaching of Bampton to the method disclose by Banks would achieve the predictable result of Banks’ method where air instead of argon was used as the pressurized gas medium.
Regarding claim 12, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 as explained above. Banks further discloses the bonding of the top one of the aluminum sheets (64 in Figs. 2A and 2B) to the middle one of the aluminum sheets (62 in Figs. 2A and 2B) and the bonding of the bottom one of the aluminum sheets (60 in Figs. 2A and 2B) to the middle one of the sheets includes welding. Top sheet 64 is bonded to middle sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B. Bottom sheet 60 is bonded to middle sheet 62 by welding the perimeter of the sheets together at 73 in Figs. 2A and 2B.
Regarding claim 13, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 as explained above. Banks further discloses the bonding the edge of the three metal sheets together includes welding the edges of the sheets together at 73 in Figs. 2A and 2B.
Regarding claim 20, Banks anticipates the battery module cooling plate according to claim 17 as explained above. However, Banks does not disclose the middle one of the metal sheets is thinner than both the top one of the metal sheets and the bottom one of the metal sheets.
In the same field of manufacturing methods for producing expanded three-layer structures, Bampton teaches it was known before the effective filing date of the claimed invention to use a thinner sheet of metal material as the middle layer in a three-sheet structure. See col. 2, line 5-11 and col. 3, line 31-34.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a thinner middle metal sheet as Banks’ middle metal sheet 62 in the same way Bampton teaches using aluminum middle sheet 13 as a thinner middle metal sheet. A person of ordinary skill would have recognized applying the teaching of Bampton to Banks’ method would achieve the predictable result of a method of making a cold plate where the middle metal plate is thinner than the top and bottom sheets.
Claims 7-8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Banks in view of European Patent Application Publication No. EP 1 044 798 A2 by Amidei et al., hereinafter “Amidei”.
Regarding claim 7, Banks anticipates the method according to claim 1 as explained above. However, Banks discloses the bonding of the sheets together at a plurality of locations involves diffusion bonding. See col. 6, line 39 through col. 7, line 36. Although, Banks does disclose welding the perimeter of the sheets together at col. 7, line 2-4.
In the same field of making three-layer metal structures, Amidei teaches it was known before the effective filing date of the claimed invention to use a plurality of line welds to bond the sheets together to provide increased rigidity to the resulting structure. See paragraphs [0051] and [0052] of Amidei.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use line welds to bond Banks’ metal sheets together in order to provide the resulting structure with increased rigidity in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method disclosed by Banks would achieve the predictable result of adding a step of bonding the sheets together with line welding in portion of the structure where design needs dictate increased rigidity of the structure.
Regarding claim 8, Banks anticipates the method according to claim 1 as explained above. However, Banks discloses the bonding of the sheets together at a plurality of locations involves diffusion bonding. See col. 6, line 39 through col. 7, line 36. Although, Banks does disclose welding the perimeter of the sheets together at col. 7, line 2-4.
In the same field of making three-layer metal structures, Amidei teaches it was known before the effective filing date of the claimed invention to use “tack welds” to bond the sheets at a plurality of locations. See paragraphs [0012] and [0036].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use tack welds to bond Banks’ metal sheet together at a plurality of locations in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method disclosed by Banks would yield the predictable result of using tack welding to bond Banks’ sheet together.
Regarding claim 18, Banks anticipates the battery module cooling plate according to claim 17 as explained above. However, Banks discloses the bonding of the sheets together at a plurality of locations involves diffusion bonding. See col. 6, line 39 through col. 7, line 36. Although, Banks does disclose welding the perimeter of the sheets together at col. 7, line 2-4.
In the same field of making three-layer metal structures, Amidei teaches it was known before the effective filing date of the claimed invention to use welds to bond the sheets at a plurality of locations. See paragraphs [0012] and [0036].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use welds to bond Banks’ metal sheet together at a plurality of locations in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method disclosed by Banks would yield the predictable result of using tack welding to bond Banks’ sheet together.
Claims 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Banks in view of Bampton and further in view of Amidei.
Regarding claim 11, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 unpatentable as explained above. However, neither Banks nor Bampton teach the pressurized medium is a liquid.
In the same field of manufacturing three-layer metal structures, Amidei teaches using liquid as the pressurized medium for separating sheets 32, 33 and 34. See paragraph [0022].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use liquid as the pressurized medium in the method disclosed by Banks in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method of Banks would achieve the predictable result of Banks’ method where a pressurized liquid is used to separate the sheets instead of a pressurized gas.
Regarding claim 14, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 unpatentable as explained above. However, neither Banks nor Bampton teach bonding the sheets together at a plurality of locations includes a plurality of line welds.
In the same field of making three-layer metal structures, Amidei teaches it was known before the effective filing date of the claimed invention to use a plurality of line welds to bond the sheets together to provide increased rigidity to the resulting structure. See paragraphs [0051] and [0052] of Amidei.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use line welds to bond Banks’ metal sheets together in order to provide the resulting structure with increased rigidity in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method disclosed by Banks would achieve the predictable result of adding a step of bonding the sheets together with line welding in portion of the structure where design needs dictate increased rigidity of the structure.
Regarding claim 15, the prior art reference combination of Banks in view of Bampton renders the method according to claim 9 unpatentable as explained above. However, neither Banks nor Bampton teach bonding the sheets together at a plurality of locations includes a plurality of tack welds.
In the same field of making three-layer metal structures, Amidei teaches it was known before the effective filing date of the claimed invention to use “tack welds” to bond the sheets at a plurality of locations. See paragraphs [0012] and [0036].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use tack welds to bond Banks’ metal sheet together at a plurality of locations in the same way Amidei teaches. A person of ordinary skill would have recognized applying the teaching of Amidei to the method disclosed by Banks would yield the predictable result of using tack welding to bond Banks’ sheet together.
Conclusion
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
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