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
Applicant's election with traverse of a species of the thermal barrier element that comprises a sleeve made of coated aluminum foils in the reply filed on 05 August 2026 is acknowledged. The traversal is on the grounds that the species were not identified by linking claims, and that neither species reflects actual claim language. This is not found persuasive because “Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).” (MPEP 806.04(e)). In the instantly claimed invention, claim 16 encompasses the two identified species, but applicant’s election with traverse clarifies that the claimed sleeve is made of coated aluminium foils and is therefore not made of polyethylene films.
The requirement is still deemed proper and is therefore made FINAL.
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 is incorrect, any correction of the statutory basis 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12-16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Onuki et al (US 2023/0114956 A1) in view of Hu et al (DE 102019201126 A1). These prior art references will be cited to as Onuki and Hu, respectively, hereinafter in this Office Action.
Regarding claim 12, Onuki discloses an electrical energy storage device (100 Fig. 1a; “a battery” [0048] and “The battery 100 is not particularly limited, but for example, may be a secondary battery or a fuel cell…” [0050]), comprising:
a plurality of individual cells (“cells 40a and 40b” [0048]) that are electrically connected with one another in series and/or in parallel (“The battery 100 is not particularly limited… The battery 100 may be one installed in a vehicle such as an automobile.” [0050] where it is known in the art for battery cells inside an automobile battery to be electrically connected in series to each other); and
a plurality of thermal barrier elements that are each respectively disposed between two individual cells of the plurality of individual cells (“a first heat insulating material 1a including a first heat insulating portion 10a and a first buffering portion 20a is arranged between the first cell 40a and the second cell 40, and a second heat insulating material 1b including a second heat insulating portion 104 and a second buffering portion 204 is arranged between the second cell 405 and the third cell 40c” [0137]);
wherein each of the plurality of thermal barrier elements has:
an incompressible layer (1 Figs. 8A and 8M; “the heat insulating material 1 includes, in plan view thereof, the buffering portion 20 in a grid shape surrounded by part of the surface 11 of the heat insulating portion 10” [0195] and “the buffering portion 20 is a formed body that is more deformable by compression than the heat insulating portion 10” [0107] where the disclosed insulating portion 10 is the incompressible component of the layer as a whole).
Onuki does not disclose each of the plurality of thermal barrier elements has one or two compressible outer layers (S1); and the incompressible layer disposed next to the one compressible outer layer or between the two compressible outer layers.
However, Hu discloses an electrical energy storage device (10 Fig. 1; “a battery module 10” [0030]), comprising:
a plurality of individual cells (“The battery module 10 has a plurality of battery cells 12” [0030]); and
a plurality of thermal barrier elements that are each respectively disposed between two individual cells of the plurality of individual cells (20 Figs. 1 and 2; “a separating element 20 is now advantageously arranged at least between some of the battery cells 12” [0031]); and
wherein each of the plurality of thermal barrier elements has:
an incompressible layer (22 Figs. 1-2; “first layer 22, which is preferably provided by a glass fiber fabric” [0031]).
Hu teaches each of the plurality of thermal barrier elements has one or two compressible outer layers (24 Figs. 1-2; “separating element 20 comprises not only this first layer 22,
but if an additional second layer 24 is arranged on this first layer 22, which is formed to be elastically deformable, in particular elastically compressible, at least in the x direction shown” [0032]); and the incompressible layer disposed next to the one compressible outer layer or between the two compressible outer layers (“provides the first layer 22 on one side or also
on both sides with such an elastomer coating as the second layer 24” [0035]).
Hu further teaches that adding one or two compressible outer layer to be disposed next to the incompressible layer of each of the plurality of thermal barrier elements makes it possible for each thermal barrier element to be at least partially compressed in the event of the individual cells expand in the x direction, and as a result on the one hand to provide the cells with a relief possibility, but on the other hand to oppose them a clamping force on account of the elastic properties of the compressible outer layer, as a result of which the service life of the cells can be increased in a particularly simple and cost-effective manner, and reduces aging effects ([0032]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add one or two compressible outer layer to be disposed next to the incompressible layer of each of the plurality of thermal barrier elements of Onuki in view of Hu, in order to achieve an electrical energy storage device with reduced aging effects and increased individual cell service life by providing the cells with a relief in the event that any one of the cells expand in the x direction while opposing the cells with a clamping force.
Regarding claim 13, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 12 above, and wherein the incompressible layer comprises a support matrix (Onuki “the heat insulating material 1 includes, in plan view thereof, the buffering portion 20 in a grid shape surrounded by part of the surface 11 of the heat insulating portion 10” [0195] with italics added for emphasis on the disclosed element that corresponds to the claimed support matrix) having a hydrogel as a filler (Onuki “the heat insulating portion 10, but for example, is preferably formed of inorganic fine particles” [0073], “fine particles are preferably one or more selected from the group consisting of: silica fine particles” [0074] and “The silica fine particles may be dry silica fine particles (anhydrous silica fine particles) produced by a vapor phase method or wet silica fine particles produced by a wet method. The dry silica fine particles are preferably fumed silica fine particles. The fumed silica fine particles may be hydrophilic fumed silica fine particles” [0075] where silica particles are known in the art to be a type of hydrogel) and wherein the incompressible layer is surrounded by a sleeve (Onuki 30 Fig. 2A; “the heat insulating material 1 may further include a dust generation preventing material 30 that covers part or the entirety of the surface of the heat insulating portion 10” [0140]).
Regarding claim 14, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 13 above, and wherein the support matrix is configured as a grid structure (Onuki “the heat insulating material 1 includes, in plan view thereof, the buffering portion 20 in a grid shape” [0195]) and/or as a honeycomb structure.
Regarding claim 15, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 13 above, and wherein the sleeve is impermeable to gas (Onuki “The dust generation preventing material 30 is not particularly limited as long as the dust generation preventing material 30 is a formed body capable of preventing dust generation from the heat insulating portion 10, but for example, is preferably a fiber body, a metal foil” [0147] where foils are known in the art to have gas impermeable properties).
Regarding claim 16, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 13 above, and wherein the sleeve is made of coated aluminium foils (Onuki “The metal foil forming the dust generation preventing material 30 is not particularly limited, but for example, may be a metal foil of one or more selected from the group consisting of: aluminum; an aluminum alloy” [0155]).
Regarding claim 22, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 12 above, and wherein the plurality of thermal barrier elements are electrically insulating (Hu “the first layer comprises a glass fibre fabric or represents such a glass fibre fabric. Such a glass fiber fabric advantageously makes it possible to provide both good electrically insulating and thermally insulating properties” [0017] and Onuki “The fiber body forming the heat insulating portion 10 is a formed body of a fiber” [0093] … “The inorganic fiber is not particularly limited, but for example, may be one or more selected from the group consisting of: a silica fiber; an alumina fiber; a silica-alumina fiber; a silica-alumina-magnesia fiber; a biosoluble inorganic fiber; a glass fiber” [0095]).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Onuki (US 2023/0114956 A1) in view of Hu (DE 102019201126 A1) and Obrist et al (US 2014/0162107 A1). The latter prior art reference will be cited to as Obrist hereinafter in this Office Action.
Regarding claim 17, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 13 above, but does not disclose wherein the support matrix is welded into the sleeve.
However, Obrist discloses a plurality of individual cells that are electrically connected with one another in series and/or in parallel (“numerous bar cells 30, which are arranged parallel to one another in the same plane and which are electrically connected to one another in parallel and in series, of a battery 31 for a vehicle drive” [0033]) and a plurality of thermal barrier elements that are each respectively disposed between two individual cells of the plurality of individual cells (“one heat-exchanging pouch 1 is provided between each mutually adjacent layer” [0035]), each of the plurality of thermal barrier elements having an incompressible layer (1 Fig. 1; “heat-exchanging pouch 1” [0024]) that comprises of a support matrix (53 Fig. 6; “an inner supporting frame 53” [0039]) that is surrounded by a sleeve (51, 52 Fig. 7; “foil walls 51, 52” [0039]).
Obrist teaches wherein the support matrix is welded into the sleeve (“foil walls 51, 52 thereof including the edges of said foil walls are welded or adhesively bonded onto an inner supporting frame 53” [0039]), and that this structure controls temperature by the internal pressure of the thermal barrier element ([0008]) such that good conduction of heat from the plurality of cells are ensured ([0010]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add a connection structure between the support matrix and the sleeve of the incompressible layer of modified Onuki in view of Obrist wherein the support matrix is welded into the sleeve, in order to achieve temperature control between the plurality of cells due to pressure exerted by the incompressible layer and good heat conduction from the plurality of cells.
Regarding claim 18, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 13 above, and wherein the sleeve has an intended breaking point (it is well known in the art that any selection of material of the sleeve implies a breaking point inherent of the material selected as the sleeve due to a maximum strain applied to the material that would lead to failure).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Onuki (US 2023/0114956 A1) in view of Hu (DE 102019201126 A1) and Ahn (US 2022/0093986 A1) . The latter prior art reference will be cited to as Ahn hereinafter in this Office Action.
Regarding claim 19, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 12 above, but does not disclose wherein the respective outer layer comprises polyurethane foam which is adhered to the incompressible layer.
However, Ahn discloses an incompressible layer (21 Fig. 8; “a bottom plate 21” [0052]) and one or two compressible outer layers (40 Fig. 8; “heat dissipation foams 40 may be disposed on the upper surface of the bottom plate 21” [0065]).
Ahn teaches wherein the respective outer layer comprises polyurethane foam (“The foam 41 may be made of a polyurethane material with compressibility” [0067]) which is adhered to the incompressible layer (“the thermal conductive adhesive 30 may be filled … to stably secure adhesion and thermal conductivity among the edge portion of the secondary battery 11, the heat dissipation foams 40 and the bottom plate 21” [0076]).
Ahn further teaches that the outer layer is selected to be comprised of polyurethane foam for its compressibility, restorability, heat resistance, and lightweight properties ([0067]) all while stably supporting cells ([0068]).
Therefore, it would have been obvious for a person having ordinary skill in the art to replace the outer layer of modified Onuki in view of Ahn wherein the respective outer layer comprises polyurethane foam which is adhered to the incompressible layer, in order to achieve a thermal barrier element structure with sufficient outer compressibility, restorability, heat resistance, and is lightweight while providing stable support to the plurality of individual cells.
Regarding claim 20, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 12 above, but does not disclose wherein each of the plurality of thermal barrier elements has at least one heat-conductive intermediate layer which is disposed on the incompressible layer.
However, Ahn teaches wherein each of the plurality of thermal barrier elements has at least one heat-conductive intermediate layer which is disposed on the incompressible layer (43 Fig. 7; “a heat dissipation sheet 43 configured to surround an outer circumference of the foam 41” [0066] and “heat dissipation foams 40 may be disposed on the upper surface of the bottom plate 21” [0065]), and that the at least one heat-conductive intermediate layer may be effective in reducing the temperature of the heating source by spreading the heat of the heating source widely in a short time ([0071]) and may also effectively transfer heat of the individual cells to the incompressible layer ([0072]), lowering the temperature of the individual cells by transferring the heat absorbed from the individual cells to the incompressible layer in a short time and spreading the heat widely ([0079]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add at least one heat-conductive intermediate layer which is disposed on the incompressible layer to the plurality of thermal barrier elements of modified Onuki in further view of Ahn, in order to achieve a means to lower the temperature of the individual cells to the incompressible layer by transferring heat absorbed by the individual cells in a short time and widely spread.
Regarding claim 21, modified Onuki discloses the electrical energy storage device with all of the features set forth in claim 20, and wherein heat is dissipatable with the at least one intermediate layer with regard to the thermal barrier element in a plane in a direction of an adjacent cooling element (Hu “separating elements are known which are arranged as cooling plates between battery cells and which can be connected to an active cooling device” [0004] and Ahn Fig. 7 shows the direction of heat transfer occurring from the source to heat to elements connected adjacent to it).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Mondays through Thursdays generally from 12 PM to 5 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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