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
Restriction to one of the following inventions is required under 35 U.S.C. 121:
Claims 1-7, drawn to a heat pipe system (subcombination), classified in H01M 10/6552.
Claims 8-14, drawn to an energy storage cell (combination/subcombination), classified in H01M 10/0525.
Claims 15-20, drawn to a battery module with a plurality of energy cells (combination), classified in H01M 50/209.
Inventions III and I are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the combination requires at least one electrode tab (i.e., singular or plural), whereas the subcombination requires an electrode tab (i.e., singular). The subcombination (i.e., the heat pipe) has separate utility in other systems that require thermal control such as combustion engines or computer circuit boards and electronics.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Inventions II and I are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the combination requires at least one electrode tab (i.e. singular or plural) whereas the subcombination requires an electrode tab (i.e. singular). The subcombination (i.e., the heat pipe system) has separate utility in other systems that require thermal control such as combustion engines or computer circuit boards and electronics.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Inventions III and II are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the battery module (subcombination) comprises a single storage energy cell. The subcombination (i.e., the energy storage cell) has separate utility since the energy storage cell can be used in a materially different combination such as a battery module comprising a single energy storage cell.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
each Group possesses a separate classification as set forth above
each Group requires a separate field of search to find relevant prior art. See MPEP §808.02.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Jeff Greene on July 2, 2026, a provisional election was made with traverse to prosecute the invention of Group II directed to the energy storage cell, claims 8-14. Affirmation of this election must be made by applicant in replying to this Office action. Claims 1-7, and 15-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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.
Claims 8are 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 8 recites the limitation “a region where the shank portion engages with . . “. Claim 8 later refers to the “draining structure to the region.” It is not clear if “the region” is the same as “a region where the shank portion engages.” There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the region”. There is insufficient antecedent basis for this limitation in the claim.
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 8-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stadnick et al., (US 6013388), hereinafter Stadnick ‘3388. Stadnick et al., (US 6010800) is incorporated into Stadnick ‘3388 by reference (Stadnick ‘3388, column 4, Line 58 – column 5, line 2), hereinafter Stadnick ‘0800.
Regarding claim 8, Stadnick ‘3388 discloses:
An energy storage cell of a battery module used in a work machine, the energy storage cell (a battery cell; column 3, line 9) comprising:
one or more electrodes; (a plurality of electrodes 16; column 3, line 10, Fig. 1)
at least one electrical tab electrically coupled to the one or more electrodes (each electrode 16 is in contact with one of either a positive cell terminal 19 or a negative cell terminal 22; column 3, lines 11-12 ); and
a system for maintaining a working temperature of the energy storage cell, the system including:
a terminal including a heat pipe defining
a head portion and (the thermal conductor 37 extends from the bore 40 to a radiator 49 or other heat sink. In other circumstances, the heat pipe 25 may be preferable as the thermal conductor 37; column 3, lines 27-34, Figures 1, 2 and 4)
a shank portion, the shank portion engageable with the at least one electrical tab and defining a closed cavity having a hollow structure and a draining structure; (each terminal 19, 22 is shown in thermal contact with a heat pipe 37/25; column 3, line 12-14, Figs. 1 and 2) and
a working fluid contained within the closed cavity, (A heat pipe for use according to one embodiment of the invention is a vacuum-tight vessel that is evacuated and partially filled with a volatile heat transfer fluid; column 3, lines 26-28)
the working fluid configured to receive heat from the at least one electrical tab at a region where the shank portion engages with the at least one electrical tab to be vaporized and urged through the hollow structure to reach up to a section of the closed cavity, (heat transfer fluid absorbs its latent heat of vaporization via conductive heat transfer at an end of the pipe (referred to hereafter as the "evaporator area") in thermal contact with the battery heat sources; column 3, lines 31-34)
and release the heat to the head portion at the section of the closed cavity to be condensed and drained through the draining structure to return to the region. (vaporized fluid creates a pressure gradient in the pipe forcing the vapor to flow along the pipe to a cooler area (referred to hereafter as the "condenser area") of the pipe, where the vaporized fluid condenses, releasing the latent heat of vaporization; column 3, lines 34-38)
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Regarding claim 9, Stadnick ‘0800 discloses the energy storage cell of claim 8, wherein
the draining structure is defined along an interior surface of the closed cavity to at least partially surrounds the hollow structure. (wick structures commonly used in heat pipes include a porous, or a fine-mesh, woven screen rolled into an annular structure or channels extruded into the inner surface of the pipe; column 3, line 57)
Regarding claim 10, Stadnick ‘0800 discloses:
The energy storage cell of claim 8, wherein the draining structure includes an array of channels extending along a length of the closed cavity between the region and the section of the closed cavity. (wick structures commonly used in heat pipes include a porous, or a fine-mesh, woven screen rolled into an annular structure or channels extruded into the inner surface of the pipe; column 3, line 57)
Regarding claim 11, Stadnick ‘3388 discloses:
The energy storage cell of claim 8, wherein the closed cavity extends at least partially into the head portion of the heat pipe. (the thermal conductor 37 extends from the bore 40 to a radiator 49 or other heat sink. In other circumstances, the heat pipe 25 may be preferable as the thermal conductor 37; column 3, lines 27-34, Figures 2 and 4)
Regarding claim 13, Stadnick ‘3388 discloses:
The energy storage cell of claim 8, wherein the at least one electrical tab includes a hole defining an engagement portion, (Fig. 2 shows terminal 19 connected with electrode leads 122 at the base slot 112; column 5, lines 36-37)
and the shank portion includes an external surface defining a mating portion engageable with the engagement portion to engage the terminal with the at least one electrical tab. (Fig. 2 shows a structure 34 for receiving at least a portion of a thermal conductor 37 such as the heat pipe 25 or an aluminum rod (not shown). As best seen in FIG. 2, the structure 34 may be a bore 40 defined by an inner surface 43 of the terminal 19 (column 3, line 17-22)
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.
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Stadnick et al., (US 6013388), hereinafter Stadnick '3388 as applied to claim above, and further in view of Knaupp et al., (US 2021/0257687A1), hereinafter Knaupp.
Regarding claim 12, Stadnick ‘3388 does not teach the energy storage cell of claim 8, wherein the system includes
an electrically-insulating, thermally-conducting pad configured to be in thermal contact with the head portion of the heat pipe and a heat sink of the battery module to transfer the heat from the head portion to the heat sink.
Knaupp teaches the energy storage cell of claim 8, wherein the system includes
an electrically-insulating, thermally-conducting pad configured to be in thermal contact with the head portion of the heat pipe and a heat sink of the battery module to transfer the heat from the head portion to the heat sink.
Stadnick ‘3388 teaches a battery cell terminal that uses a heat pipe to conduct heat generated by electrodes in the cell to a heat sink (Abstract). Stadnick ‘3388 also teaches a thermal conductor 37 electrically insulated from the terminal 19. The heat pipe 25 may be preferable as the thermal conductor 37 (column 3, line 27-34). Stadnick ‘3388 discloses thermally conductive and electrical insulating layers between the thermal conductor 37/25 and the terminal structure 34. (Figure 3, column 4, lines 44-54)
However, Stadnick ‘3388 does not show a thermally conducting pad in contact with the head portion of the heat pipe and a heat sink to transfer heat from the head portion to the heat sink.
Knaupp discloses a heat pipe device for dissipating heat from an arrangement of rechargeable electrochemical energy stores (Abstract). Knaupp teaches a heat-coupling out element which is able to dissipate heat from a heat pipe. A heat coupling-out element constitutes a heat pipe. Figure 9 shows the heat pipe 10 is connected to a heat sink 13 by insertion of the heat pipe away from the heat source 4 into a bore of the heat sink 13. From the heat sink the heat is released to the surroundings by convection and heat conduction ([0057-0058], [0129]). Knaupp notes that the embodiments of using a heat pipe combined with the heat sink make it possible for the batteries to not overheat. Therefore, damage to the batteries from overheating, which can lead to the reduction in power, reduction in the lifetime, up to the failure, can be prevented. ([0062-0063])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to combine the heat sink structure of Knaupp with the heat pipe terminal in Stadnick ‘3388 to yield the predicable result of improved heat dissipation from the battery cell to a heat sink, and prevent damage to the battery.
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 14 teaches the energy storage cell of claim 8, wherein the head portion has a frustoconical shape defining a first cross-sectional area disposed towards the shank portion of the heat pipe and a second cross-sectional area disposed away from the shank portion of the heat pipe, and wherein the second cross-sectional area is greater than the first cross-sectional area. Stadnick ‘3388 teaches a heat pipe imposed on battery terminal to conduct heat from the terminal to a heat sink. (Stadnick ‘3388, Abstract). Stadnick ‘3388 does not teach the head portion with a frustoconical shape disposed away from the shank area. No motivation exists to modify the prior art to arrive at the claimed invention. Thus, none of the prior art alone or in combination teaches, suggests, or renders obvious the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mario Gamboa whose telephone number is (571)272-9213. The examiner can normally be reached Mon-Thur 8:00 -5:00, Fri 8:00- 12:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at (571) 272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO R GAMBOA/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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