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 .
Claim Rejections - 35 USC § 103
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(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US Patent No. 6,027,807) alone.
Regarding claim 14, Inoue discloses a thermally regulated article (a car seat 150 with a Peltier element 155 to heat or cool the graphite material, see Fig. 26 and Example 17 in col. 13), enclosed in a vehicle (the car seat is in a car), comprising:
a thermal energy source (Peltier element 155) including waste heat (heat generated by the Peltier element 155, note that “waste” does not impart a distinct structure of the thermal energy source);
a thermally conductive member (a layer of flexible graphite sheet G) comprising a sheet of flexible graphite (the flexible graphite sheet G) in physical contact with the thermal energy source and the waste heat (“the graphite sheet G is connected to a Peltier element 155 to heat and cool the graphite sheet”, see Example 17 in col. 13, one skilled in the art understands that the Peltier element 155 and the graphite sheet are in physical contact and conduct the heat);
a thermal transfer element (surfacing sheet 153) in thermal communication with the thermally conductive member (by radiation of flexible graphite sheet or by conduction of a medium between the surfacing sheet 153 and graphite sheet G), wherein the thermal transfer element has a surface being an exterior surface of the thermally regulated article (the surfacing sheet 153 is an exterior surface of the car seat).
Inoue fails to explicitly disclose a thermally conductive member comprising a sheet of flexible graphite in physical contact with the thermal energy source and the waste heat.
Fig. 28 of Inoue discloses a Peltier element is in physical contact with a graphite cladding material.
Therefore, the Peltier element 155 may be installed at the location of “clamping material” in physical contact with the graphite sheet G.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a thermally conductive member comprising a sheet of flexible graphite in physical contact with the thermal energy source and the waste heat in Inoue in order to spread the heat generated from the Peltier element 155 over the surface of the car seat.
Claim(s) 15, 16 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US Patent No. 6,027,807) in view of Joung (KR 10-2011-0131885).
Regarding claim 15, Inoue as modified in claim 14 further discloses a temperature sensor (temperature sensor 156) disposed proximate to at least one of the thermal transfer element and the thermally conductive member (the temperature sensor 156 is near the Peltier element 155, see Example 17 in col. 13, and the graphite sheet G, see Fig. 26).
Inoue fails to explicitly disclose a controller in communication with the temperature sensor and the thermal energy source for controlling the application of energy from the thermal energy source.
Joung discloses a controller (180, Fig. 2) in communication with the temperature sensor (see communication between the sensor 184 and the controller 180) and the thermal energy source (communication between sensor 184 of the battery cells 210 and the controller 180) for controlling the application of energy from the thermal energy source (controlling a flow to the seat hose 140 by controlling a valve 112, 3rd paragraph on page 3 of the translation).
Inoue (Example 17 in col. 13) further discloses “There is provided a temperature sensor near the Pertie (Peltier) element 155 to control the temperature of heating and cooling”.
Therefore, a controller structure of Joung may be provided in communication with the temperature sensor 156 the Peltier element 155 of Inoue for controlling the application of energy from the thermal energy source. As a result, the temperature of heating and cooling of the car seat may be controlled.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a controller in communication with the temperature sensor and the thermal energy source for controlling the application of energy from the thermal energy source in Inoue as taught by Joung in order to control the temperature of the car seat based on the readings of the temperature sensor.
Regarding claim 16, Inoue as modified in claim 15 further discloses wherein the controller controls the application of energy from the thermal energy source in response to a signal from the temperature sensor (the controller 180 controls the valve 112 in response to the temperature detected by the second sensor 184, 2nd paragraph on page 3 of the translation of Joung. In the modification of Inoue in view of Joung, the controller controls the Peltier element 155 in response to the temperature detected by the temperature sensor 156).
Regarding claim 21, Inoue as modified in claim 15 further discloses wherein the temperature sensor is disposed on an exterior of the thermal transfer element (the temperature sensor is disposed on an exterior surface of the graphite sheet).
Claim(s) 14 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (DE 102014004764) in view of Lenain (US PGPub No. 2006/0134514).
Regarding claim 14, Schneider discloses a thermally regulated article (alternatively stacked structure of battery module 11 and plates 1, Figs. 2 and 4), comprising:
a thermal energy source (a battery module 11) including waste heat (the battery module 11 conducts waste heat to a heat conductor plate 1);
a thermally conductive member (a layer 22 of the plate 1) comprising a sheet of flexible graphite (the layer 22 is made of expanded graphite, paragraph 0044 of the translation) in physical contact with the thermal energy source and the waste heat (the plate 1 including the layer 22 has a large area of contact between main surface 9 and a module 11, see paragraph 0041 of the translation);
a thermal transfer element (protective layer 25 on one side of the layer 22, Fig. 4) in thermal communication with the thermally conductive member (the layer 25 contacts the layer 22 and thus having a conduction heat exchange), wherein the thermal transfer element has a surface being an exterior surface of the thermally regulated article (the protective layer 25 on one side of the layer 22 of the outermost plate 1 is an exterior surface of the thermally regulated article).
Schneider fails to discloses a thermally regulated article, enclosed in a vehicle.
Lenain discloses a thermally regulated article (alternatively stacked structure of battery cells 3 and plates 6. Fig. 1), enclosed in a vehicle (the batteries are on board energy sources in an electric vehicle paragraphs 0001-0003).
Therefore, the stacked structure of Schneider may be enclosed in a vehicle as taught by Lenain in order to supply electric power to an electric vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a thermally regulated article, enclosed in a vehicle in Schneider as taught by Lenain in order to supply electric power to an electric vehicle.
Regarding claim 17, Schneider as modified in claim 14 further discloses wherein a source of the waste heat is batteries, capacitors, fuel cells, electric motors, inverters, other power electronics, or combinations thereof (the waste heat is from the battery module 11).
Regarding claim 18, Schneider as modified in claim 14 further discloses wherein the thermal energy source includes heat generated from the operation of a battery pack (the waste heat is from the battery module 11).
Regarding claim 19, Schneider as modified in claim 14 further discloses an insulator (protective layer 25 on another side of the layer 22, Fig. 4) in thermal communication with at least one of the thermal energy source, the thermally conductive member, and the thermal transfer element (the protective layer 25 on another side of the layer 22 has conductive thermal communication with the battery module 11, the layer 22, and the protective layer 25 on one side of the layer 22).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (DE 102014004764) in view of Lenain (US PGPub No. 2006/0134514) as applied to claim 14 above, and further in view of Naylor (US PGPub No. 2009/0101632).
Regarding claim 20, Schneider as modified in claim 14 fails to explicitly disclose wherein the sheet of flexible graphite has an in-plane thermal conductivity of at least 140 W/m·K.
Naylor discloses the flexible graphite sheet has an in-plane thermal conductivity of 260-500W/m-K (paragraphs 0034-0037).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the thermally conductive member comprises a sheet of flexible graphite having an in-plane thermal conductivity of at least 140 W/m·K in Joung as taught by Naylor in order to allow the heat spreading evenly around the main surface 9 of the plate 1.
Claim(s) 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joung (KR 10-2011-0131885 A) in view of Naylor (US PGPub No. 2009/0101632).
Regarding claim 22, Juong discloses a thermally regulated article (seat 150), enclosed in a vehicle (the seat 150 is enclosed in a vehicle), comprising:
a battery pack generating waste heat (waste heat from charging or discharging battery cells 210, see page 2 of the translation) conveyed away from the battery pack by conduction (battery cooling tube 120 contacting the battery pack 210 to exchange heat, see page 2 of the translation);
a thermally conductive member (seat hose 140 installed in seat 150) in thermal communication with the thermal energy source / battery pack (the seat hose 140 receives a heat transfer medium from the battery cells 210, see Fig. 4).
Juong fails to explicitly disclose a thermal transfer element in thermal communication with the thermally conductive member, wherein the thermal transfer element has a surface being an exterior surface of the thermally regulated article.
Naylor, also directed to a heated seat (paragraph 0004), discloses a thermal transfer element (second cover layer 108) in thermal communication with the thermally conductive member (that receives heat from the heat generating strip 114), wherein the thermal transfer element has a surface being an exterior surface of the thermally regulated article (top shown in Fig. 2).
According to Naylor’s teaching, the seat hose 140 of Juong, which dissipates heat, may be covered by a layer of material (i.e., the cover layer 108 of Naylor). The layer of material may be an outer covering of the seat 150. Such outer covering may be attached to the seat hose 140 as taught by Naylor for conduction heat transfer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a thermal transfer element in thermal communication with the thermally conductive member, wherein the thermal transfer element has a surface being an exterior surface of the thermally regulated article in Juong as taught by Naylor in order to protect the seat hose 140.
Regarding claim 23, Juong fails to disclose wherein the thermally conductive member comprises a sheet of flexible graphite having an in-plane thermal conductivity of at least 140 W/m·K.
Naylor further discloses a heat spreading element 122 (Fig. 2) and it may be formed or molded around the heat generating element 114 (paragraph 0042). Naylor further discloses that the heat spreading element 122 comprises a flexible graphite material (paragraph 0034), and the heat spreading element 122 may be a flexible graphite sheet that has a thermal conductivity of 260-500W/m-K (paragraphs 0034-0037).
Therefore, the heat spreading element 122 of Naylor may be formed or molded around the seat hose 140 of Joung. The modification results that the thermally conductive member (seat hose 140) comprises a sheet of flexible graphite (the seat hose 140 with the formed or molded flexible graphite) having an in-plane thermal conductivity of at least 140 W/m·K (a thermal conductivity of 260-500W/m-K of the flexible graphite material as taught by Naylor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the thermally conductive member comprises a sheet of flexible graphite having an in-plane thermal conductivity of at least 140 W/m·K in Joung as taught by Naylor in order to allow the heat spreading evenly around the seat hose 140.
Regarding claim 24, Joung as modified in claim 22 further discloses wherein the waste heat is not conveyed away from the battery pack by natural or forced convection through a fluid (the waste heat conducts away from the battery pack 210 through the contact between the battery cooling tube 120 and the battery pack 210. The conduction at the contact itself is not conveyed away from the battery pack by natural or forced convection through a fluid).
Regarding claim 25, Joung as modified in claim 22 further discloses wherein the waste heat conveyed away from the battery pack is by thermal transfer consisting essentially of conduction ("consisting essentially of" will be construed as equivalent to "comprising” because the specification or claims absent a clear indication of what the basic and novel characteristics of the “conduction” actually are, see MPEP 2111.03. Including other forms of heat transfer do not affect the basics of heat conduction itself. Therefore, the claim is open to other forms of heat transfer. Joung discloses that the waste heat is conveyed away from the battery pack is by thermal contact between the battery cooling tube 120 and the battery pack 210).
Response to Arguments
Applicant’s arguments with respect to claim(s) 14 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. Inoue (US Patent No. 6,027,807); and Schneider (DE 102014004764) in view of Lenain (US PGPub No. 2006/0134514).
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument to claim 22 that the heat transfer medium convects heat away from the battery 200 and not by conduction, it is noted that the heat transfer includes 1) conduction of heat at the contact between the battery pack 210 and battery cooling tube 120 the heat travels away from the battery pack 210, and 2) convection of the heat transfer medium and carries the heat away from the battery cooling tube 120 to the seat 150. The conduction part of the heat transfer meets the claim limitation “a battery pack generating waste heat conveyed away from the battery pack by conduction” because the heat is in fact being conducted away from the battery 210 to the battery cooling tube 120 first before the convection.
As for the argument to new claim 24, the claim is only broadly reciting that the waste heat is not conveyed away from the battery pack by convections as set forth in claim 24. The conduction part of the heat transfer conveys heat away from battery pack 210 only between material contact between the battery pack 210 and battery cooling tube 120 and is not conveying the waste heat by convection of fluid.
For the argument to new claim 25, as summarized above, “consisting essentially of” is considered as “comprising” because other forms of heat transfer do not affect the basics of heat conduction itself. As noted above, the waste heat is done by conduction of heat at the contact between the battery pack 210 and battery cooling tube 120.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763