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 .
Claim Objections
Claim 5 is objected to because of the following informalities: Claim 5, line 2, recites “are integrated form”. Consider changing the phrase to “are integrally formed”. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: Claim 15, line 6, recites “there is no the second thermal”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9, from which claim 14 depends, recites a supporting structure. Claim 14 recites the structure “further comprises” a connecting member and bean. According to applicant’s specification, the supporting structure comprises the connecting member and beam (see pages 19-20, para [0070]-[0071]). Claim 14 must be reworded such that the support structure of claim 9 comprises the connecting member and beam. Reciting the structure as “further comprising”, applicant has recited a new structure in addition to the support structure, which is not supported by applicant’s specification.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1, 2, 6-8 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeng et al. (CN 213026307).
Regarding claim 1, Zeng et al. discloses a temperature regulating structure of an energy storage device (shown in figs. 5 and 6), comprising a housing (11,112,115) and a temperature regulating plate (thermal management component 13) fixedly connected to the housing (11, 112, 115) wherein the housing (11, 112, 115) and the temperature regulating plate (13) form a first thermal insulation cavity (11b) (see figs. 6-7, para [n0078]-[n0079]).
The examiner has elected not to examine optional limitations.
Regarding claim 2, Zeng discloses a temperature regulating structure according to claim 1, wherein the housing (11, 112, 115) comprises an interior plate (112) and an exterior plate (115), the temperature regulating plate (13) is fixedly connected to the interior plate (112), and the second thermal insulation cavity (134) is arranged between the interior plate (112) and the exterior plate (115) (see fig. 13, para [n0078]-[n0079], [n0083], [n0085]-[n0086]).
Regarding claim 6, Zeng discloses a temperature regulating structure according to claim 1, wherein the temperature regulating plate (13) is provided with a first thermal insulation groove (i.e. between cavities 133, shown in fig. 13), and the housing (11, 112, 115, specifically 115) and the first thermal insulation groove (between cavities) form the first thermal insulation cavity (see fig. 13, [n0078]-[n0079]).
Regarding claim 7, Zeng discloses a temperature regulating structure according to claim 6, wherein the temperature regulating plate (13) comprises a first plate (131) and a second plate (132) arranged in parallel (shown in figs 7 and 13), and the first plate (131) and the second plate (132) form a temperature regulating cavity (flow channel 133) for the circulation of a temperature regulating medium (see para [n0078]-[n0079], [n0095], and [n0100]-[n0101]),
wherein the second plate (132) is positioned closer to the housing (115) than the first plate (131) (see fig. 8), the second plate (132) is provided with a first protrusion (between flow channels 133), the first protrusion protrudes towards the first plate (131) and forms the first thermal insulation groove (see marked up fig. 13), and the first protrusion is fixedly and sealingly (i.e., by welding) connected to the first plate (131) (see para [n0078]-[n0079], [n0095] and [n0100]-[n0101]).
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Regarding claim 8, Zeng discloses a temperature regulating structure according to claim 1, wherein the housing (115) is provided with a second thermal insulation groove (see marked-up fig. 13 above), and the temperature regulating plate (13) and the second thermal insulation groove form the first thermal insulation cavity (11b) (shown in fig. 8, see para [n0078]-[n0079], [n0095] and [n0100]-[n0101]).
Regarding claim 15, modified Zeng discloses a temperature regulating structure according to claim 1, wherein the housing (115) and the temperature regulating plate (13) form the first thermal insulation cavity (11b), and there is no second thermal insulation cavity formed in the housing (see para [n0078]-[n0079] and [n0098]-[n0103]).
The limitation that the housing is a die-cast housing is a product-by-process limitation and is given weight to the extent that the prior art is able to be made by the process recited. It is the examiner’s position that the housing of Zeng is able to be formed by the process recited.
The examiner has elected not to examine optional limitations.
Regarding claim 16, Zeng discloses an energy storage device (see abstract), comprising the temperature regulating structure according to claim l (see discussion of claim 1, para [n0078]-[n0079]).
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.
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(s) 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.
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 non-obviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zeng et al. as applied to claims 1 and 2 above, and further as follows:
Regarding claim 5, Zeng discloses a temperature regulating structure according to claim 2, but does not disclose wherein the interior plate and the exterior plate are integrated formed.
The court has held it would be obvious to a person having ordinary skill in the art to modify the housing of Zeng to be of integrated form as the court has held that the use of a one piece construction instead of the structure disclosed in Zeng would be merely a matter of obvious engineering choice. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). See also MPEP § 2144.04.
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng et al. as applied to claim 1 above, and further in view of Mizuno (WO 2019/163353).
Regarding claim 9, Zeng discloses a temperature regulating structure according to claim 1, wherein the temperature regulating plate (13) is fixed to a bottom housing plate of the housing (115), i.e., through sidewalls (see fig. 6, exploded view and fig. 7, 8 and 13, para [n0079]).
Zeng does not disclose the bottom housing plate is provided with a support structure that supports the temperature regulating plate (13), and the support structure protrudes from an interior wall of the bottom housing plate.
Mizuno is analogous art to Zeng as Mizuno discloses a temperature regulating plate (heat exchanger 31), an insulating cavity (chamber 12a), and a housing (second case 12) (see figs. 3 and 13, para [0024]). Mizuno discloses the housing plate (12) is provided with a support structure (elastic member 14 in fig. 3, 614 in fig. 11, 714 in fig. 13) that supports the temperature regulating plate (31) (see para [0008]-[0009], [0031]-[0032], and [0054]) and the support structure protrudes from an interior wall of the bottom housing plate (12) (shown in figs. 3 and 13, para [0031]-[0033]).
Mizuno discloses the support structure stabilizes the temperature regulating plate structure (see para [0033]).
Therefore, it would be obvious to a person having ordinary skill in the art to modify the temperature regulating plate and the bottom housing plate of Zeng by adding a support structure protruding from an interior wall of the bottom housing plate and supporting the temperature regulating plate, because the added support stabilizes the temperature regulating plate structure.
Regarding claim 10, modified Zeng discloses a temperature regulating structure according to claim 9, wherein the temperature regulating plate (13) is provided with a support groove (see fig. 13 mark-up and discussion of claim 6; also 31f, 31e and 31g of Mizuno) (see para [0078]-[0079], [n0095] and [n0100]-[n0101]), and the support structure (14, 614 and 714 of Mizuno) is arranged in the support groove (shown Mizuno in fig. 3 and 13) to support the temperature regulating plate (31) (see para [0031]-[0033]).
Regarding claim 11, Zeng discloses a temperature regulating structure according to claim 10, wherein the temperature regulating plate (13) comprises a first plate (131) and a second plate (132) arranged in parallel, and the first plate (131) and the second plate (132) form a temperature regulating cavity (133), in which a circulation of a temperature regulating medium is made (see Zeng para [n0078]-[n0079], [n0094], [n0101]-[n0102]), and
the second plate (132) is positioned closer to the housing (115) than the first plate (131) (shown in figs. 8 and 13), wherein the second plate (132) is provided with a second protrusion, which protrudes towards the first plate (131) (see markup of fig. 13 above) and forms the support groove, and the second protrusion is fixedly and sealingly (welded) connected to the first plate (131) (see para [n0100]).
Regarding claim 12, Mizuno discloses a temperature regulating structure according to claim 9, wherein a portion, supported by the supporting structure (14, and 714 of Mizuno), of the temperature regulating plate (13 Zeng/31 Mizuno) is defined as a supported portion, the supported portion and the supporting structure are arranged in one-to-one correspondence (shown in figs. 3 and 13 of Mizuno).
The limitation wherein at least two battery cells are located on the same supported portion is intended use and is given weight to the extent the prior art is able to perform the intended use. It is the examiner’s position that modified Zeng is able to perform the intended use of the limitation.
Regarding claim 13, modified Zeng discloses a temperature regulating structure according to claim 9, wherein the supporting structure (14, 614 and 714 of Mizuno) is in a hollow structure (chamber 12a of Mizuno, cavity 11b of modified Zeng).
Claim 14 is being interpreted that the supporting structure comprises the connecting member and beam.
Regarding claim 14, modified Zeng discloses a temperature regulating structure according to claim 13, wherein the supporting structure comprises a connecting member, elastic member (614)) fixed to the housing (see Mizuno para [0051]-[0052] and a support beam (614f) fixedly connected to the connecting member (614d, 614e,etc.), wherein the supporting beam (614f) supports the temperature regulating plate (see Mizuno para [0050]-[0052]). Specifically, the protrusions are interpreted as the connecting member and the bottom portion is the beam, all of which supports the temperature regulating plate.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng et al. as applied to claim 1 above, and further in view of Mizuno (WO 2019/163353) and Kwon et al. (US 2011/0052960).
Regarding claim 2, Zeng discloses a temperature regulating structure according to claim 1, but does not disclose wherein the housing comprises an interior plate and an exterior plate, the temperature regulating plate is fixedly connected to the interior plate, and the second thermal insulation cavity is arranged between the interior plate and the exterior plate.
Mizuno discloses an elastic support member (14, 614, 714) inserted into the housing (11, 112, 115) to support a regulating plate (31) (see para [0008]-[0009], [0031]-[0032], and [0054]).
Therefore, it would be obvious to a person having ordinary skill in the art to modify the temperature regulating plate and the bottom housing plate of Zeng by adding a support structure supporting the temperature regulating plate, because the added support stabilizes the temperature regulating plate structure (see obvious discussion of claim 9 above).
Kwon is analogous art to Zeng modified by Mizuno as Kwon discloses a battery heat exchanger and a housing (12) (see fig. 5A, para [0036]). Kwon discloses an elastic support member (elastic spacer, 17) (shown in fig. 8A and 11B, see para [0039], [0072]-[0073]).
It would be obvious to a person having ordinary skill in the art to substitute one known device (the elastic support member of Kwon) for another known device (the elastic support member of Mizuno as used to modify Zeng), wherein the result is predictable, (i.e. a supported, stabilized, regulating plate).
Zeng as modified by Mizuno and Kwon discloses wherein the housing comprises an interior plate (elastic support structure shown in Kwon fig. 8A) and an exterior plate (Zeng 112), the temperature regulating plate (Zeng 13/Mizuno 31) is fixedly connected to the interior plate (see Mizuno para [0008]-[0009], [0031]-[0032], and [0054], see Kwon para [0072]-[0073]), and the second thermal insulation cavity (see Kwon fig. 8A) is arranged between the interior plate and the exterior plate (see Mizuno fig. 3, 11 and 13).
Regarding claim 3, Zeng as modified by Mizuno and Kwon discloses a temperature regulating structure according to claim 2, wherein the housing further comprises a reinforcing member fixed in the second thermal insulation cavity, and the reinforcing member separates the second thermal insulation cavity into at least two sub-cavities (shown in Kwon fig. 8A and 11B, see para [0036], [0039], [0072]-[0073]).
Regarding claim 4, modified Zeng discloses a temperature regulating structure according to claim 3, wherein one end of the reinforcing member (i.e., the dip from top plate to lower plate of elastic support shown in Kwon fig. 8) is fixedly connected to the exterior plate (through bottom plate, sidewalls, etc.), and the other end of the reinforcing member is fixedly connected to the interior plate (shown in fig. 8A, see para [0072]-[0073]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Rowley et al. (US 2018/0154754).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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, 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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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
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