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 .
Election/Restrictions
1. Claims 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/24/2026.
Applicant's election with traverse of Invention I, claims 1-6 in the reply filed on 07/24/2026 is acknowledged. The traversal is on the ground(s) that Inventions I and II are related as the graphene-aluminum composite powder produced in claim 7 is used to form the cooling plates described in claim 1, and Inventions I and III are not distinct because the system claims are directed to producing the graphene-aluminum composite material incorporated into the battery pack assembly, and the restriction requirement has not adequately demonstrated a serious search or examination burden because each group centers on the same graphene-aluminum composite technology. This is not found persuasive
Regarding applicants’ argument that Inventions I and II are related as the graphene-aluminum composite powder produced in claim 7 is used to form the cooling plates described in claim 1. The Examiner respectfully disagrees as claim 1 makes no mention of using a specific graphene-aluminum composite, much less using a graphene-aluminum composite powder formed using the process described in claim 7, further, distinctness between unrelated products is determined if the product cannot be used in or made by the process, and in the instant case battery pack assembly cannot be used in nor is it the product produced by the method of claim 7.
Regarding applicant’s argument that Inventions I and III are not distinct because the system claims are directed to producing the graphene-aluminum composite material incorporated into the battery pack assembly. This argument is moot as the determination of unrelated inventions is if it can be shown that the inventions are not capable of use together and have different designs, modes of operation, and effects. In the instant case, a battery pack assembly is not an apparatus for making graphene-aluminum composite powder, and the battery pack assembly of Invention I cannot be used to make a graphene-aluminum composite powder; therefore they have different modes of operation and effects. Further, claim 1 makes no mention of using a specific graphene-aluminum composite, much less a graphene-aluminum composite powder produced using the apparatus of claim 16.
Regarding applicant’s argument that the restriction requirement has not adequately demonstrated a serious search or examination burden because each group centers on the same graphene-aluminum composite technology. The Examiner respectfully disagrees as although all three inventions mention a graphene-aluminum composite, all three inventions utilize the material in completely different contexts and would therefore require a completely different and unique search. Invention I would require a search in the H01M10/613 classification as well as a unique keyword search which would not be the same as for Invention II and III. Invention II would require a search in a different classification of at least B22F9/082 as well a unique keyword search which would not be the same as for Invention I and III. Invention III would require a search in a different classification of at least B22F12/50 as well as a unique keyword search which would not be the same as for Inventions I and II.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 03/04/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
3. 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.
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.
4. Claim(s) 1- 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (Pub. No. US 20230268585 A1) in view of Dong et al. (Pub. No. US 20240429518 A1) and further in view of Wu et al. (Pub. No. CN 115548517 A).
Regarding claim 1, Yang teaches a battery pack assembly (battery pack, Fig. 1, see [0056]), comprising: a battery pack enclosure (8, Fig. 1, see [0089]) including a plurality of side walls (81, Fig. 1, see [0089] and in Fig. 1 the frame enclosure 81 is a plurality of side walls); a first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate) within the battery pack enclosure (8, Fig. 1, see [0089] and Fig. 1 where 8 surrounds 1), , and wherein the first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate) includes: a first planar wall (14, Fig. 5, see [00100]) and a second planar wall (15, Fig. 5, see [00100]); a first coolant inlet port (16, Fig. 5, see [0099]) and a first coolant outlet port (17, Fig. 5, see [0099]) disposed along an edge (front edge of 14 and 15, see Fig. 5 where 16 and 17 are along the front edge of 14 and 15, see [0099]) of the first planar wall (14, Fig. 5, see [00100]) and the second planar wall (15, Fig. 5, see [00100]); a first coolant volume (151, Fig. 5, see [0099]) defined by the first planar wall (14, Fig. 5, see [00100]) and the second planar wall (15, Fig. 5, see [00100]); and at least one first coolant flow path (the path of fluid flow in 151, Fig. 5, see [0099]) defined by and extending through the first coolant volume (151, Fig. 5, see [0099]) between the first coolant inlet port (16, Fig. 5, see [0099]) and the first coolant outlet port (17, Fig. 5, see [0099], see in Fig. 5 where the fluid path defined by 151 extends from 16 to 17); a plurality of battery cells (7, Fig. 1, see [0062]) supported by the first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate, see Fig. 1 the cooling plate 1 holds up 7); but fails to teach in the embodiment of Fig. 1 a plurality of second cooling plates, wherein each one of the plurality of second cooling plates is disposed between each of the plurality of battery cells, and wherein each of the plurality of second cooling plates includes: a third planar wall and a fourth planar wall; a second coolant inlet port and a second coolant outlet port disposed along an edge of the third planar wall and the fourth planar wall; a second coolant volume defined by the third planar wall and the fourth planar wall; and at least one second coolant flow path extending through the second coolant volume between the second coolant inlet port and the second coolant outlet port, and fails to teach wherein the battery pack enclosure includes a floor, the first cooling plate supported by the floor, wherein the first cooling plate is disposed between the floor of the battery pack enclosure and the plurality of battery cells, wherein the first cooling plate is formed of graphene aluminum composite, and wherein each of the plurality of second cooling plates is formed from graphene aluminum composite.
However, in a different embodiment, Yang teaches a plurality of second cooling plates (61, Fig. 6, see [0067]), wherein each one of the plurality of second cooling plates (61, Fig. 6, see [0067]) is disposed between each of the plurality of battery cells (7, Fig. 1, see [0062], see Fig. 6 where each 61 is between each set of walls 3 for holding the battery cells 7, therefore they are all each in between each battery cell in the Y direction), and wherein each of the plurality of second cooling plates (61, Fig. 6, see [0067]) includes: a third planar wall (wall on front side of 61, Fig. 6) and a fourth planar wall (wall on back side of 61, Fig. 6); a second coolant inlet port (611, Fig. 7, see [0071]) and a second coolant outlet port (612, Fig. 7, see [0071]) disposed along an edge (left edge of 61, Fig. 6) of the third planar wall (wall on front side of 61, Fig. 6) and the fourth planar wall (wall on back side of 61, Fig. 6); a second coolant volume (space inside of 61 which forms 617, see [0067]) defined by the third planar wall (wall on front side of 61, Fig. 6) and the fourth planar wall (wall on back side of 61, Fig. 6, see [0067] 617 is inside of the plate 61); and at least one second coolant flow path (617, see [0067]) extending through the second coolant volume (space inside of 61 which forms 617, see [0067]) between the second coolant inlet port (611, Fig. 7, see [0071]) and the second coolant outlet port (612, Fig. 7, see [0071] where 617 is the flow path between 611 and 612).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of Yang to include a plurality of 61 in between the electrode assemblies 7 as taught by the embodiment of Fig. 6-7 of Yang. Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art. Further, Yang teaches that modifications can be made (see [00106] of Yang).
Yang fails to teach wherein the battery pack enclosure includes a floor, the first cooling plate supported by the floor, wherein the first cooling plate is disposed between the floor of the battery pack enclosure and the plurality of battery cells, wherein the first cooling plate is formed of graphene aluminum composite, and wherein each of the plurality of second cooling plates is formed from graphene aluminum composite.
However, Dong teaches wherein the battery pack enclosure (160, Fig. 2, see [0025]) includes a floor (180, Fig. 4, see [0025]), the first cooling plate (142, Fig. 4, see [0025]) supported by the floor (180, Fig. 4, see [0025] where 142 is supported by 180), wherein the first cooling plate (142, Fig. 4, see [0025]) is disposed between the floor (180, Fig. 4, see [0025]) of the battery pack enclosure (160, Fig. 2, see [0025]) and the plurality of battery cells (cells in 132, Fig. 4, see [0025] where the battery enclosure 132 is above 142 which is above 180).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Yang to add a bottom plate 180 and holding pad 186 and thermal glue underneath the bottom 1 as taught by Dong to support the bottom cooling plate (support first floor cooling plate, see [0025] of Dong) and resist relative movement thereby inhibiting transmitted vibrations (see [0028] of Dong, note this is specified for 182 and 188, however the same structure is exhibited on the lower section 180 as well). Further, Yang teaches that modifications can be made (see [00106] of Yang).
Yang in view of Dong fails to teach wherein the first cooling plate is formed of graphene aluminum composite, and wherein each of the plurality of second cooling plates is formed from graphene aluminum composite.
However, Wu teaches a cooling plate (liquid-cooled plate, see [0012]) formed of graphene aluminum composite (graphene-enhanced aluminum and aluminum plate, see [0012]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Yang in view of Dong such that the bottom cooling plate 1 and the cooling plates 61 are formed of an upper and lower plate the lower plate of a graphene-enhanced aluminum and upper plate formed of aluminum as taught by Wu to achieve a cooling plate with good strength and good thermal conductivity (see [0012] of Wu). Further, Yang in view of Dong teaches that modifications can be made (see [00106] of Yang).
Regarding claim 2, Yang in view of Dong in view of Wu teaches wherein the first coolant flow path (the path of fluid flow in 151, Fig. 5, see [0099]) extends through the first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate) in a serpentine configuration (see Fig. 5 the flow path is a serpentine flow path).
Regarding claim 3, Yang in view of Dong in view of Wu teaches wherein the plurality of battery cells (7, Fig. 1, see [0062]) includes at least one prismatic battery cell (see Fig. 1 the battery cells 7 are rectangular, therefore the examiner considers the battery cells prismatic battery cells).
Regarding claim 4, Yang in view of Dong in view of Wu teaches wherein each one of the plurality of battery cells (7, Fig. 1, see [0062]) is oriented perpendicular (z-direction, see Fig. 1-2 where the cells 7 are oriented in the z-direction and 1 is oriented in the x and y direction) to the first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate).
Regarding claim 5, Yang in view of Dong in view of Wu fails to teach wherein each one of the plurality of second cooling plates is between 0.5 and 5 millimeters in thickness.
However, Yang further teaches wherein each one of the plurality of second cooling plates (61, Fig. 6, see [0067]) is between 0.5 and 5 millimeters in thickness (5 to 20 mm, see [0076] the size of the cooling plate 61 is in the x direction, however Fig. 6 the same plates are applied in a different direction so the same thickness may be applied).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Yang in view of Dong in view of Wu such that the thickness of the cooling plate 61 in the y direction is 5 to 20 mm and further modify the range to be 5 mm as Yang teaches an overlapping range and a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I) and teaches it is a result effective variable of good thermal management properties and effective heat management and energy density (see [0079] of Yang). Further it has been held that where the only difference between the prior art and the claimed invention is a recitation of relative dimensions, the claimed device is not patentably distinct over the prior art device. Further, Yang in view of Dong in view of Wu teaches that modifications can be made (see [00106] of Yang).
Regarding claim 6, Yang in view of Dong in view of Wu teaches wherein each one of the plurality of second cooling plates (61, Fig. 6, see [0067]) is oriented perpendicular (z-direction, see Fig. 6 where the cells 7 are oriented in the z-direction and 1 is oriented in the x and y direction) to the first cooling plate (1, Fig. 2, see [0089], see Fig. 5 shows the structure of 1 as a cooling plate).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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