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 .
Status of Claims
Claims 21 & 34 are amended. Claims 21-38 are currently pending.
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 21-26 & 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onuki (WO 2021/177205 A1 and hereinafter using, for citation purposes, corresponding US 2023/0114956 A1).
Regarding claims 21-23, Onuki teaches a battery comprising: a plurality of battery cells comprising a first battery cell (40a) and a second battery cell (40b) that are adjacent to each other and arranged in a first direction (Fig. 1A; [0048]); a heat insulation board (1) provided between a first wall of the first battery cell and a second wall of the second battery cell, and comprising a second heat insulation layer (10) and two first heat insulation layers (20, 20) each comprising a fiber-reinforced resin composite board, the second heat insulation layer and the two first heat insulation layers being arranged in the first direction such that the second heat insulation layer is located between the two first heat insulation layers, wherein the first wall and the second wall are each walls having the largest surface area and which are closest to the respective second battery cell and first battery cell (Figs. 1A & 7A-B; [0052]-[0053], [0107]-[0111], [0116]-[0119] & [0130]), wherein the two first heat insulation layers are connected to each other at end portions in a second direction which is perpendicular to the first direction and connected at end portions in a third direction which is perpendicular to the first direction and the second direction such that the two first heat insulation layers are connected to each other at four end portion to form a sealed cavity that wraps the second heat insulation layer and isolated the second heat insulation layer from outside; and where in the second direction, the two first heat insulation layers are connected to each other in at least one position other than the end portions (Figs. 7A-B and annotated figs. 7A-B below).
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Regarding claim 24, Onuki teaches the connection positions of the two first heat insulation layers being uniformly distributed in the second direction (Figs. 7A-B).
Regarding claims 25-26 & 29-30, Onuki teaches a dimension L2 of the second heat insulation layer in the first direction particularly preferably being 0.5 mm to 3 mm and a dimension L3 of the first heat insulation layer in the first direction particularly preferably being 0.5 mm to 3 mm which results in a dimension L1 of the heat insulation board particularly preferably ranging from 1.5 mm to 9 mm ([0131]-[0134]) such that the claimed values and ranges for L1, L2 and L3 are encompassed by Onuki.
Regarding claims 34-38, Onuki teaches a battery comprising a plurality of battery cells comprising a first battery cell (40a) and a second battery cell (40b) that are adjacent to each other and arranged in a first direction (Fig. 1A; [0048]); a heat insulation board (1) provided between a first wall of the first battery cell and a second wall of the second battery cell, and comprising a first heat insulation layer (20+10+20), which is a polymer matrix composite fiber board, including a plurality of fiber-reinforced resin layers (20, 20) formed by compositing a fiber material such as a silicon oxide fiber and a resin material such as high-temperature resistant flame-retardant resin like polyester (Figs. 1A & 7A-B; [0052]-[0053], [0107]-[0111] & [0116]-[0119]).
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 33 is rejected under 35 U.S.C. 103 as being unpatentable over Onuki (WO 2021/177205 A1 and hereinafter using, for citation purposes, corresponding US 2023/0114956 A1).
Regarding claim 33, Onuki teaches the use of batteries comprising insulating materials disposed between adjacent battery cells being used as electric power supplies for power consuming devices such as vehicles ([0002]).
Claims 27-28 & 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Onuki (WO 2021/177205 A1 and hereinafter using, for citation purposes, corresponding US 2023/0114956 A1) in view of Kogami (US 2022/0255182 A1).
Regarding claims 27-28, Onuki teaches the battery of claim 25 wherein the dimension L1 of the heat insulating board can be from 1.5 mm to 9 mm but is silent as to the energy Q of the battery cell and thus is silent as to a ratio L1/Q ranging from 0.001 mm/Wh to 0.01 mm/Wh (claim 27) and equaling 0.008 mm/Wh (claim 28). Kogami teaches a battery comprising a plurality of battery cells and a heat insulation board disposed between adjacent battery cells, wherein the battery cells are lithium-ion cells having a capacity of 6 Ah to 80 Ah ([0048]-[0053] & [0072]). It would have been obvious to use lithium-ion cells having a capacity of 6 Ah to 80 Ah as suitable cells for a battery comprising a heat insulation board for providing heat insulation between adjacent battery cells as taught by Kogami. Since lithium-ion cells typically have a voltage of at least about 3V, the energy of the lithium-ion cells would be expected to be at least from 18 W to 240 Wh (note that energy will be larger if the voltage is greater than 3V). Thus, when Q=240 Wh, for values of L1 ranging from 1.5 mm to 2.5 mm (which is encompassed by Onuki’s range preferred range of 1.5 mm to 9 mm for L1), the claimed range for the ratio of L1/Q in claim 27 is found to be obvious and the value of L1/Q of 0.008 mm/Wh is found to be obvious when L1 is 1.92 mm (still within Onuki’s preferred range) with Q being 240 Wh.
Regarding claims 31-32, Onuki teaches the battery of claim 1 but is silent as to the heat insulation layer being an aerogel felt (claim 31) and an air interlayer (claim 32). Kogami teaches further teaches the heat insulation board provided between adjacent cells comprising a heat insulation layer which is a silica aerogel felt ([0056]-[0057]). While Kogami does not explicitly describe the heat insulation layer as an air interlayer, in light of the high porosity (i.e 90% to 98%) of the silica aerogel used, Kogami’s heat insulation layer reads on an air interlayer. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a highly porous silica aerogel felt (also reading on an air interlayer) for Onuki’s second heat insulation layer in view of its extremely low thermal conductivity as taught by Kogami ([0054]).
Claims 34-38 are rejected under 35 U.S.C. 103 as being unpatentable over Onuki (WO 2021/177205 A1 and hereinafter using, for citation purposes, corresponding US 2023/0114956 A1) in view of Ando (WO 20211/66346 A1).
Regarding claims 34-38, Onuki teaches a battery comprising a plurality of battery cells comprising a first battery cell (40a) and a second battery cell (40b) that are adjacent to each other and arranged in a first direction (Fig. 1A; [0048]); a heat insulation board (1) provided between a first wall of the first battery cell and a second wall of the second battery cell, and comprising a first heat insulation layer (20+10+20), which is a polymer matrix composite fiber board, including a plurality of fiber-reinforced resin layers (20, 20) formed by compositing a fiber material such as a silicon oxide fiber and a resin material such as high-temperature resistant flame-retardant resin like polyester, wherein each fiber-reinforced resin layer of the plurality of fiber-reinforced resin layer comprises a fiber material layer having a plurality of fiber pores (i.e pores formed between adjacent fibers forming the fiber-reinforced resin layers), the resin material being infiltrated into the plurality of fiber pores and such that the plurality of fiber-reinforced resin layers are stacked and press-formed (Figs. 1A & 7A-B; [0052]-[0053], [0107]-[0111] & [0116]-[0119]) but does not explicitly teach the plurality of fiber-reinforced resin layers being hot-pressed to form the polymer matrix composite fiber board. However, one of ordinary skill in the art readily understands that a plurality of fiber-reinforced resin layers can be stacked and hot-pressed to join the plurality of fiber-reinforced resin layers along edges thereof to obtain a multilayer thermal insulation sheet for providing thermal insulation between adjacent heat sources such as batteries as taught by Ando (Pages 2 & 4).
Response to Arguments
Applicant's arguments filed 03/26/2026 with respect to independent claim 21 have been fully considered but they are not persuasive. As noted in the above updated rejection of claim 21 above, Onuki teaches the two first heat insulation layers being connected to each other at end portions in the claimed second and third directions such that the second heat insulation layer is formed in a sealed cavity between the two first heat insulation layers and the second heat insulation layer is isolated from the outside.
Applicant’s arguments with respect to independent claim 34 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The subject matter of claim 34 is found to be obvious over the combined teachings of Onuki and Ando. Thus, in view of the foregoing, claims 21-38 stands rejected.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BARBARA GILLIAM can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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