Prosecution Insights
Last updated: October 02, 2026
Application No. 18/622,478

BATTERY PACK AND ELECTRIC VEHICLE

Non-Final OA §102§103§112
Filed
Mar 29, 2024
Priority
Nov 30, 2021 — CN 202122978627.2 +1 more
Examiner
STANLEY, JACOB ROBERT
Art Unit
Tech Center
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
16 currently pending
Career history
1
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103 §112
Detailed ActionNotice 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 . Status of Claims Claim(s) 1-20 are pending in the current application and under consideration on the merits. Information Disclosure Statement The information disclosure statements submitted on March 29th, 2024, and June 3rd, 2024, have been considered by the examiner. 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 10 and 15 - 17 are 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. Regarding claim 10, claim 10 recites the limitation “about.” In determining the range encompassed by the term "about," one must consider the context of the term as it is used in the specification and claims of the application. Ortho-McNeil Pharm., Inc. v. Caraco Pharm. Labs., Ltd., 476 F.3d 1321, 1326, 81 USPQ2d 1427, 1432 (Fed. Cir. 2007). See MPEP 2173.05(b) III A. The specification as originally filed remains silent regarding a definition for the term “about.” For the purpose of examination, limitations preceded by the term “about” are interpreted as including reasonable deviation/error associated with measurement as would be determined by one of ordinary skill in the art. Regarding claim 15, claim 15 recites the limitation “wherein two first primary heating sections are arranged”. The term “arranged” meaning is not apparent. Arranged could refer to a sequencing of steps for the two first primary heating sections. The term arranged could also refer to the placement of the two first primary heating sections to another object. The specification does not rectify the ambiguousness of the term. For purposes of examination the term arranged is construed to mean the two first primary heating sections are inside the battery pack. Regarding claim 16, claim 16 recites the limitation “wherein two second primary heating sections are arranged”. The term “arranged” meaning is not apparent. Arranged could refer to a sequencing of steps for the two first primary heating sections. The term arranged could also refer to the placement of the two first primary heating sections to another object. The specification does not rectify the ambiguousness of the term. For purposes of examination the term arranged is construed to mean the two second primary heating sections are inside the battery pack. Regarding claim 17, claim 17 recites the limitation “wherein three secondary heating sections are arranged”. The term “arranged” meaning is not apparent. Arranged could refer to a sequencing of steps for the two first primary heating sections. The term arranged could also refer to the placement of the two first primary heating sections to another object. The specification does not rectify the ambiguousness of the term. For purposes of examination the term arranged is construed to mean the three secondary heating sections are inside the battery pack. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 – 5, 7 – 11, 15 – 17, and 20 are rejected under 25 U.S.C. 102(a)(2) as being unpatentable over Wang et al. (US 12,322,774 B2) herein referred to as “Wang”. Regarding claim 1, Wang disclose a battery pack including a casing with a thermal compensation device and heating deceive arranged on the inside of the casing [col. 4 ln. 59 – 63, col. 5 ln. 39 – 41, col. 6 ln. 35 - 39]. The casing is used to arrange cell groups of batteries and therefore, acts as a tray [col. 4 ln. 59 – 63, Fig. 2]. The thermal compensation device is used to reduce the temperature drop and could take the form of a graphene heating film and therefore, in conjunction with the heating device, make up the heating component [col. 5 ln. 37 - 46, col. 6 ln. 35 - 39, Fig. 2]. Figure 2 illustrates one potential location of a thermal compensation device spanning a plurality of cells [col. 6 ln 23 - 25]. The thermal compensation device could be duplicated along the entire edge of the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. The placement of thermal compensation devices along the case edge creates a plurality of heating sections. Wang discloses the cell groups of batteries are made up of first cells (A) and second cells (B) wherein both the first and second cells are secondary battery cells, but the first cells have a better cold resistance then the second cells [col. 3 ln. 55 -60, col. 7 ln. 10 - 20]. The first and second cells are arranged in different positions along the edge of the casing as shown in figure 1. The first and second cells, in their respective positions, have a critical temperature they must be keeps above and thus, the amount of heating power going to the different positions must be adjusted [col. 7 ln. 21 - 32]. The critical temperature is a temperature the cells within the casing must be kept above and thus, is the ambient temperature of the casing. Therefore, the plurality of thermal compensation devices, arranged around the edge of the casing and spanning a plurality of first and second cells, must have varying heating powers to keep the respective cells, with different cold resistances, above their critical temperature. Furthermore, the thermal compensation device is arranged around the outermost inside edge of the case, and the heating device is arranged between battery modules [Fig. 2]. The thermal compensation device and heating device could both be graphene heating film [col. 5 ln. 45 – 46, col. 6 ln. 47 – 50, col. 7 ln. 4 - 6]. The thermal compensation device in conjunction with the heating device keep the temperature throughout the battery pack above a critical temperature for the battery cells [col. 6 ln. 28 - 39]. The critical temperature is a temperature the cells within the casing must be kept above and thus, is the ambient temperature of the casing. The thermal compensation device may be placed along the maximum path of heat dissipation to the external environment [col. 6 ln. 10 -12]. The thermal compensation device, placed along the maximum path of heat dissipation, must have a higher heating power than the heating device not placed along this path, as the higher heat dissipation requires a larger heating power to keep the battery cells above their critical temperature because heat is lost faster in these areas. Therefore, the thermal compensation device and heating device, which make up a plurality of heating sections, have different heating powers because they are used in areas with different heat dissipation. Regarding claim 2, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses embodiments wherein the thermal compensation device is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. The casing is rectangular [col. 4 ln. 37 - 39]. The placement of thermal compensation devices along two opposing case edges creates first and second primary heating sections along opposing edges of the rectangular case. Furthermore, Wang discloses the thermal compensation device is arranged to balance the temperature around a plurality of cells and does so by being enabled when the temperature drops below a threshold, therefore the thermal compensation device is arranged in a low-temperature region [col. 6 ln. 23 - 30]. Notably, when the thermal compensation device is enabled, it raises temperature (i.e. generates heat) [col. 7 ln. 57 - 60]. Regarding claim 3, Wang discloses the battery pack as described above in the rejection of claim 2. Wang additionally discloses the casing is rectangular [col. 4 ln. 37 - 39]. In figure 2 Wang illustrates a potential location for the thermal compensation device along the longer edge of the rectangular case. The thermal compensation device has embodiments wherein it is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. Therefore, Wang discloses embodiments wherein the placement of the thermal compensation device is along the two opposing longer edges of the rectangular case. Regarding claim 4, Wang disclose the battery pack as described above in the rejection of claim 2. Wang additionally discloses the casing is rectangular [col. 4 ln. 37 - 39]. The thermal compensation device has embodiments wherein it is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. Therefore, Wang discloses embodiments wherein the thermal compensation device is placed along the two opposing shorter edges of the rectangular case. Regarding claim 5, Wang disclose the battery pack as described above in the rejection of claim 4. Wang additionally discloses the thermal compensation device may be placed along the maximum path of heat dissipation to the external environment [col. 6 ln. 10 -12]. The higher heat dissipation path requires a larger heating power to keep the battery cells above their critical temperature because heat is lost faster along the maximum path of heat dissipation [col. 4 ln. 23 - 25]. The thermal compensation device (primary heating section), placed along the maximum path of heat dissipation, must have a higher heating power than the heating device (secondary heating section) not placed along this path to keep the cells above their critical temperature. Figure 2 illustrates potential locations for the thermal compensation device and heating device. The thermal compensation device and heating device are in different regions of the casing and thus, heat their respective regions of the casing. Furthermore, the maximum path of heat dissipation to the external environment will have a lower temperature than any other region when heating is not occurring as heat is lost from the region the quickest. Regarding claim 7, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses the battery pack is made up of cell groups [col. 3 ln. 55 - 56]. The cell groups is a plurality of battery cells, and thus act as a battery module [col. 3 ln. 55 -56]. The cell groups are arranged in areas of the battery pack [col. 3 ln. 62 – 64, Fig. 1]. Regarding claim 8, Wang disclose the battery pack as described above in the rejection of claim 7. Wang additionally discloses the thermal compensation device is arranged on the inner side of the casing and spans a plurality of cell groups [col. 6 ln. 23 - 27]. Namely, the thermal compensation device sits between the casing and cell group as further illustrated in figure 2. Regarding claim 9, Wang disclose the battery pack as described above in the rejection of claim 7. Wang additionally illustrates multiple employments wherein the cell group is split into two distinct cell groups, creating a plurality of battery modules [Fig. 1, Fig. 2]. Figure 2 illustrates the location of the heating device, a portion of the heating component, is between cell groups [col. 6 ln, 36 – 39, Fig. 2]. Regarding claim 10, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses that cells, in different positions, must be kept above a critical temperature [col. 7 ln. 21 - 23]. A control method for the thermal compensation device and heating device is disclosed in column 7 lines 21 - 32. The control method involves keeping all positions of the casing at a target temperature. Therefore, while not explicitly disclosed, Wang implicitly discloses that the thermal compensation device and heating device through the casing keep all positions within the casing at the target temperature, making the total temperature difference in the casing 0 °C. Regarding claim 11, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses the heating device, which makes up a portion of the heating component along with the thermal compensation device, can be a PCT heater [col. 6 ln. 48 - 49]. Regarding claim 15, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses embodiments wherein the thermal compensation device is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. Furthermore, the thermal compensation device along the edge has embodiments where it is split into multiple sections to accommodate the heating devices throughout the frame as illustrated in figure 2. Therefore, Wang inherently discloses embodiments wherein two primary heating sections are inside the case. Regarding claim 16, Wang disclose the battery pack as described above in the rejection of claim 2. Wang additionally discloses embodiments wherein the thermal compensation device is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. Furthermore, the thermal compensation device along the edge, including the short edge of the rectangular case, has embodiments where it is split into multiple sections to accommodate the heating devices throughout the frame as illustrated in figure 2. Therefore, Wang inherently discloses embodiments wherein two second heating sections are inside the case. Regarding claim 17, Wang disclose the battery pack as described above in the rejection of claim 4. Wang additionally discloses embodiments wherein the thermal compensation device is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. Furthermore, the thermal compensation device along the edge, including the short edge of the rectangular case, has embodiments where it is split into multiple sections to accommodate the heating devices throughout the frame as illustrated in figure 2. Therefore, Wang inherently discloses embodiments wherein three secondary heating sections are inside the case. Regarding claim 20, Wang disclose an electric vehicle [col. 7 ln. 35] with a battery pack including a casing with a thermal compensation device and heating deceive arranged on the inside of the casing [col. 4 ln. 59 – 63, col. 5 ln. 39 – 41, col. 6 ln. 35 - 39]. The casing is used to arrange cell groups of batteries and therefore, acts as a tray [col. 4 ln. 59 – 63, Fig. 2]. The thermal compensation device is used to reduce the temperature drop and could take the form of a graphene heating film and therefore, in conjunction with the heating device, make up the heating component [col. 5 ln. 37 - 46, col. 6 ln. 35 - 39, Fig. 2]. Figure 2 illustrates one potential location of a thermal compensation device spanning a plurality of cells [col. 6 ln 23 - 25]. The thermal compensation device could be duplicated along the entire edge of the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. The placement of thermal compensation devices along the case edge creates a plurality of heating sections. Wang discloses the cell groups of batteries are made up of first cells (A) and second cells (B) wherein both the first and second cells are secondary battery cells, but the first cells have a better cold resistance then the second cells [col. 3 ln. 55 -60, col. 7 ln. 10 - 20]. The first and second cells are arranged in different positions along the edge of the casing as shown in figure 1. The first and second cells, in their respective positions, have a critical temperature they must be keeps above and thus, the amount of heating power going to the different positions must be adjusted [col. 7 ln. 21 - 32]. The critical temperature is a temperature the cells within the casing must be kept above and thus is the ambient temperature of the casing. Therefore, the plurality of thermal compensation devices, arranged around the edge of the casing and spanning a plurality of first and second cells, must have varying heating powers to keep the respective cells, with different cold resistances, above their critical temperature. Furthermore, the thermal compensation device is arranged around the outermost inside edge of the case, and the heating device is arranged between battery modules [Fig. 2]. The thermal compensation device and heating device could both be graphene heating film [col. 5 ln. 45 – 46, col. 6 ln. 47 – 50, col. 7 ln. 4 - 6]. The thermal compensation device in conjunction with the heating device keep the temperature throughout the battery pack above a critical temperature for the battery cells [col. 6 ln. 28 - 39]. The critical temperature is a temperature the cells within the casing must be kept above and thus is the ambient temperature of the casing. The thermal compensation device may be placed along the maximum path of heat dissipation to the external environment [col. 6 ln. 10 -12]. The thermal compensation device, placed along the maximum path of heat dissipation, must have a higher heating power than the heating device not placed along this path, as the higher heat dissipation requires a larger heating power to keep the battery cells above their critical temperature because heat is lost faster in these areas. Therefore, the thermal compensation device and heating device, which make up a plurality of heating sections, have different heating powers because they are used in areas with different heat dissipation. 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. 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(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. Claims 6 and 18 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 12,322,774 B2) as applied to claim 4 above, and further in view of Zhang et al. (CN111416181A) herein referred to as “Zhang”. Regarding claim 6, Wang disclose the battery pack as described above in the rejection of claim 4. Wang additionally discloses disclose the thermal compensation device and heating device can both be made of graphene heating film [col. 5 ln. 45 – 46, col. 6 ln. 47 – 50, col. 7 ln. 4 - 6]. The graphene heating film is heated with electrical resistance [col. 5 ln. 49 - 50]. Graphene heating film is equivalent to heating wire as evidenced by the recitation of “heating wire is also a heating device that is very easy to install and disassemble. See above for the description of graphene heating” in Wang column 7 lines 4 – 6. Wang does not disclose wherein the primary heating section, and the secondary heating section are connected in series or in parallel. In the same field of endeavor of heating assemblies for battery packs, Zhang discloses a plurality of heaters connected in series or parallel [0022]. The heaters are PTC or conventional resistance wire heaters [0016]. Zhang discloses the advantage of connecting the wire heaters in series or parallel allows the battery modules in the battery pack to be heated according to their heat dissipation capacity, meeting the heating requirements of different battery modules, thereby effectively reducing the temperature difference between battery modules improving working performance and battery life [0022]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the graphene heating film, which are equivalent to graphene heating film, of Wang in series or in parallel to provide the advantage of improving working performance and battery life as disclose by Zhang. Regarding claim 18, Wang disclose the battery pack as described above in the rejection of claim 4. Wang additionally discloses the thermal compensation device and heating device can both be made of graphene heating film [col. 5 ln. 45 – 46, col. 6 ln. 47 – 50, col. 7 ln. 4 - 6]. The graphene heating film is heated with electrical resistance [col. 5 ln. 49 - 50]. Graphene heating film is equivalent to heating wire as evidenced by the recitation of “heating wire is also a heating device 7 that is very easy to install and disassemble. See above for the description of graphene heating” in Wang column 7 lines 4 – 6. Furthermore, the casing is rectangular [col. 4 ln. 37 - 39]. The thermal compensation device has embodiments wherein it is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. The inside edge of the case faces the cell groups as illustrated in figure 2. Therefore, Wang discloses embodiments wherein the thermal compensation device and heating device are arranged between the case and cell groups (i.e. gap between tray and battery module). Wang does not disclose “wherein the primary heating section and the secondary heating section are connected in series to form a chain heating component;”. In the same field of endeavor of heating assemblies for battery packs, Zhang discloses a plurality of heaters connected in series or parallel [0022]. The heaters are PTC or conventional resistance wire heaters [0016]. Zhang discloses the advantage of connecting the wire heaters in series allows the battery modules in the battery pack to be heated according to their heat dissipation capacity to meet the heating requirements of different battery modules, thereby effectively reducing the temperature difference between battery modules improving working performance and battery life [0022]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the graphene heating film of the thermal compensation device placed along the entire edge of the rectangular case between the case and cell groups in series as Zhang discloses that resistance wire heaters, which are equivalent to graphene heating film as evidenced by Wang, can be connected in series and would provide the advantage of improving working performance and battery life. Regarding claim 19, Wang disclose the battery pack as described above in the rejection of claim 4. Wang additionally discloses the thermal compensation device and heating device can both be made of graphene heating film [col. 5 ln. 45 – 46, col. 6 ln. 47 – 50, col. 7 ln. 4 - 6]. The graphene heating film is heated with electrical resistance [col. 5 ln. 49 - 50]. Graphene heating film is equivalent to heating wire as evidenced by the recitation of “heating wire is also a heating device 7 that is very easy to install and disassemble. See above for the description of graphene heating” in Wang column 7 lines 4 – 6. Furthermore, the casing is rectangular [col. 4 ln. 37 - 39]. The thermal compensation device has embodiments wherein it is duplicated along two opposing edges in the casing as evident by the recitation of “thermal compensation is designed at these special positions”, emphasis added to the plural form of position [col. 6 ln. 14]. The placement of the thermal compensation device along the entire inside edge of the rectangular case arranges the thermal compensation device along the short edge of the rectangle in a row and the thermal compensation device along the long edge of the rectangle in a row, thereby stacking the primary and secondary heating section. Wang does not disclose “wherein the primary heating section and the secondary heating section are connected in parallel”. In the same field of endeavor of heating assemblies for battery packs, Zhang discloses a plurality of heaters connected in series or parallel [0022]. The heaters are PTC or conventional resistance wire heaters [0016]. Zhang discloses the advantage of connecting the wire heaters in parallel allows the battery modules in the battery pack to be heated according to their heat dissipation capacity to meet the heating requirements of different battery modules, thereby effectively reducing the temperature difference between battery modules improving working performance and battery life [0022]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the graphene heating film of the thermal compensation device placed along the entire inside edge of the rectangular case between the case and cell groups in parallel as Zhang discloses that resistance wire heaters, which are equivalent to graphene heating film, can be connected in parallel and would provide the advantage of improving working performance and battery life. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 12,322,774 B2) as applied to claim 1 above, and further in view of Tan et al. (CN113571796A) herein referred to as “Tan”. Regarding claim 12, Wang disclose the battery pack as described above in the rejection of claim 1. Wang additionally discloses the frame of the casing is arranged with a heat insulating filling material on the outside [col 5 ln. 28 – 30, Fig. 3]. Wang does not disclose further comprising thermal insulation cotton, the thermal insulation cotton being attached to an outer peripheral side of the tray. In the same field of endeavor of heating system for battery packs, Tan discloses an insulation layer made of insulation cotton [n0058]. Tan further discloses that the insulating layer has a low thermal conductivity making it difficult for heat generated to be transferred elsewhere thereby increasing the utilization rate of the heat generated by a heating element [n0058]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the heat insulating filling material on the outside of the casing of Wang could be made of insulation cotton and additionally provide the advantage of improving the utilization rate of the heat generated by a heating element as disclosed by Tan. Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 12,322,774 B2) as applied to claim 1 above, and further in view of Wang et al. (US 11,888,134 B2) herein referred to as “Wang ‘134”. Regarding claim 13, Wang disclose the battery pack as described above in the rejection of claim 1. Wang does not disclose wherein the tray is made of a metal material. In the same field of endeavor of heating battery cells in battery packs, Wang ‘134 discloses a frame made of metal material [col. 7 ln. 32 - 33]. The frame further includes heat insulating materials arranged in cavities around the frame [col. 9 ln. 37 - 48]. The frame, made of metal material, produces a battery pack with good structural strength and thermal insulation [col. 9 ln. 47 - 48]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the frame of Wang could be made of metal material and additionally provide the advantage of structural strength and thermal insulation as disclosed by Wang ‘134. Furthermore, Wang ‘134 discloses it is well known in the art that battery frames are made of metal [col. 1 ln. 28 - 30]. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) MPEP 2144.07. Regarding claim 14, Wang disclose the battery pack as described above in the rejection of claim 1. Wang does not disclose wherein the tray is made of one of aluminum alloy or stainless steel. In the same field of endeavor of heating battery cells in battery packs, Wang ‘134 discloses a frame made of aluminum alloy or stainless steel [col. 7 ln. 32 - 34]. The frame further includes heat insulating materials arranged in cavities around the frame [col. 9 ln. 37 - 48]. The frame, made of metal material, produces a battery pack with good structural strength and thermal insulation [col. 9 ln. 47 - 48]. Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the frame of Wang could be made of aluminum alloy or stainless steel and additionally provide the advantage of structural strength and thermal insulation as disclosed by Wang ‘134. Pertinent Prior Art The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested. Li et al. (US 2017/0222285 A1) discloses a battery unit, a battery module and a battery pack. A battery pack comprises: at least one battery module; and a heating film sheet directly or indirectly heating the at least one battery module. The heating film sheet comprises a heating core and two insulating films. The heating core generates heat when the heating core is electrified, and has: a wire connection region for electrically connecting with external wires; and a heating region electrically connecting with the wire connection region, rated heating powers of different parts of the heating region are different so as to meet demand for heat of each battery module in each of different regions of the at least one battery module when the at least one battery module is heated. The two insulating films respectively cover two sides of the heating core. In the battery pack, each battery module is heated by the heating film sheet, and the rated heating powers of the different parts of the heating region of the heating core are different, so the heat provided for each battery module in the different region of the battery pack can be determined according to the demand for heat of each battery module in the different region of the battery pack, and in turn it ensures that each battery module of the battery pack is heated uniformly by the heating film sheet. Xu et al. (CN 109273800 A) discloses a new energy automobile battery heating device, comprising a lower surface of battery module bearing bracket, a battery module bracket fixedly connected with a first insulating layer, lower surface of the first insulating layer is fixedly connected with a lower supporting plate, upper surface of battery module bearing bracket fixedly connected with a fixed frame. the new energy automobile battery heating device, when using the battery pack, if it is necessary to preheat the battery can start the electric heating sheet heating, electric heating sheet of the heat through the fixing frame and air by the upper supporting plate. the lower supporting plate and a fastening connecting frame to form a tank space and battery pack integrally heating and, at the same time, the electric heating sheet of the heat by the heat conducting board to the heat of the heat conducting rod, heat conducting rod is transmitted to the guide wire, the guide wire winding on the heat conducting sheet to uniformly heat the single battery core integrally. So as to solve the problem of efficient uniform heating to the battery pack. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R STANLEY whose telephone number is (571)270-5447. The examiner can normally be reached 7:30 AM - 5 PM. 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, Aaron Austin can be reached at (571) 272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.R.S./Examiner, Art Unit 1782 /AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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Prosecution Timeline

Mar 29, 2024
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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