DETAILED ACTION
Status of Claims
Applicant's arguments filed 09/17/2026 have been fully considered but they are not persuasive. The previous 35 USC 103 rejection of claims 1-14 are maintained and reiterated below. See Response to Arguments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tong et al. (US 2018/0233791) in view of Van Wassen et al. (US 2024/0301315).
Regarding claims 1, 2, 10, and 11, Tong teaches a battery pack and battery pack system comprising:
battery module 2 (electrical componentry);
coolant 11 (heat transfer fluid);
battery box 1 (reservoir);
circulating pipeline 3 and circulating pump 31 (circulating system) (Figs. 1 and 3).
The heat transfer fluid is at least one selected from trimethyl phosphate and tripropyl phosphate (para 0019). Figure 3 to Tong provided below.
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Tong does not teach the heat transfer fluid is one or more of a phosphate ester of formula (I).
Van Wassen, directed to a thermal management fluid, teaches chemical formula 12, where A, B, and C are each independently H, C1-24 alkyl, or a phenyl ring with specific example including tricresyl phosphate or tributyl phosphate (para 0075). Based on the broad teaching of Van Wassen in combination with the specific examples, a phosphate ester with at least on alkyl group and at least one phenyl group can be envisaged. Formula 12 to Van Wassen is provided below.
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It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute one phosphate ester for another used for the same. Based on the structure of the phosphate ester, the phosphate ester will have inherent flash point, thermal conductivity, and/or kinematic viscosity one skilled in the art may determine based on the specific need, application, and/or operating environment.
Regarding claims 3 and 12, Tong teaches lithium-ion batteries have been widely used in electric vehicles (para 0002).
Regarding claims 4 and 13, Tong teaches circulating pump: 31 and heat exchanger 32 (Fig. 3).
Regarding claims 5 and 14, Tong teaches buffer tank 33 (fluid tank) (Fig. 3).
Regarding claims 6 and 7, Van Wassen teaches a phosphate ester with three alkyl groups and a three substituted phenyl groups (para 0075), respectively. It can be envisaged wherein the phosphate ester may include one alkyl group and two phenyl groups; and two alkyl groups.
Regarding claim 8, Tong teaches the coolant is at least one (para 0019), suggesting a mixture is possible. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have a mixture of formula 12 compounds (para 0075).
Regarding claim 9, Van Wassen teaches C1-24 alkyl, which overlaps Applicant’s claimed range of C1-12 alkyl.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited alkyl range because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05.
Response to Arguments
Applicant argues against the combination of Tong and Van Wassen does not teach the combination does not teach a phosphate ester having the presently required combination of at least one alkyl substituent and at least one phenyl or alkyl-substituted phenyl substituent.
In response, Tong teaches alkyl phosphates as the heat transfer fluid (e.g., trimethyl phosphate and tripropyl phosphate, top). Van Wassen also teaches phosphate-based heat transfer fluids (e.g., tricresyl phosphate or tributyl phosphate, bottom).
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Van Wassen provides the idea that both alkyl and phenyl or alkyl-substituted phenyl-based phosphates may also be used as a heat transfer fluid. With respect to a combination of one alkyl substituent and at least one phenyl or alkyl-substituted phenyl substituent, Van Wassen further teaches “[w]hen one or more of A, B, and C are ring or ring system” (para 0076). Therefore, if A is a ring or ring system, then B and C must be one of the other substituents H, C1-C24 alkyl, or C2-C24 alkenyl groups. In other words, Van Wassen teaches the idea that A, B, C may be a mixture of the recited groups and may include a ring or ring system. For these reasons the prior art rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
