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 § 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 11-16, 19, 23, 25-27 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 109478703 A (to Lokhorst) – translation attached and relied upon below.
With respect to claims 11 and 23, Lokhorst teaches a method comprising: calculating (pages 9-10), for a battery stack (Figures 3A) including a plurality of battery cells (118), an amount of energy/(heat Q)) to be released from the battery stack in a case of a failure/(thermal runaway); and determining an amount/(volume & thickness) of a solid phase change material/(PCM (302)) based on a latent heat of fusion of the solid phase change material/((PCM (302))) and the amount of energy (Q) to be released from the battery stack in the case of the failure/(thermal runaway), wherein the solid phase change material/((PCM (302))) is configured to absorb heat released from the battery stack (pages 9-10).
With respect to claim 12, Lokhorst teaches wherein the failure is a single battery cell failure (page 5, lines 2-5).
With respect to claim 13, Lokhorst teaches wherein calculating the amount of energy/heat to be released from the battery stack in the case of the failure/(thermal runaway) is based on an amount of stored energy/heat in one or more of the plurality of battery cells (pages 9-10), or based on a maximum voltage output of one or more of the plurality of battery cells.
With respect to claim 14, Lokhorst teaches wherein calculating the amount of energy to be released from the battery stack in the case of the failure includes: executing a battery failure test for one or more battery cells (pages 9-10); and
measuring a second amount of energy released from the one or more battery cells during the battery failure test (pages 9-10).
With respect to claim 15, Lokhorst teaches inserting, into a container, the battery stack (118) and the amount of the phase change material/((PCM (302))) (as illustrated in Figure 3A) (page 3, lines 11-15).
With respect to claim 16, Lokhorst teaches wherein the phase change material/(PCM (302)) includes one or more solid layers (Figure 3A), and wherein the amount of the phase change material/(PCM (302)) includes a thickness of the one or more solid layers (pages 9-10).
With respect to claim 19, Lokhorst teaches wherein the one or more solid layers/(PCM (302)) are provided between the plurality of battery cells (118) (as illustrated in Figure 3A).
With respect to claim 25, Lokhorst teaches wherein forming the battery submodule includes: inserting, into the container, the battery stack and the amount of the phase change material (page 3, lines 11-15, pages 9-10).
With respect to claim 26, Lokhorst teaches wherein inserting the amount of the phase change material into the container occurs at substantially the same time as inserting the battery stack into the container (page 3, lines 11-15, pages 9-10).
With respect to claim 27, Lokhorst teaches wherein forming the battery submodule includes: providing the amount of the phase change material to the battery stack (pages 9-10, page 3, lines 11-15).
With respect to claim 30, Lokhorst teaches wherein the phase change material/(PCM (302)) includes one or more solid layers (302), and wherein the amount of the phase change material (302) includes a thickness of the one or more solid layers (302) (pages 9-10).
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.
Claims 24 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109478703 A (to Lokhorst et al.), as applied to claim 23 above.
With respect to claim 24, Lokhorst teaches wherein determining the amount of the phase change material and forming the battery submodule occur at a time when the potential failure has not occurred and before the battery submodule is operated (pages 9-10) – Lokhorst teaches determining the amount of the phase change material/(PCM (302)) (pages 9-10), and teaches that the module, comprising both the battery cells (118) and the phase change material/(PCM (302)), is placed in the housing (page 3, lines 11-15); therefore, it would be obvious that determining the amount of the phase change material and forming the battery submodule occur at a time when the potential failure has not occurred and before the battery submodule is operated.
With respect to claim 28, Lokhorst teaches providing the amount of the phase change material to the battery stack occurs before inserting the battery stack and the amount of the phase change material into the container such that the amount of the phase change material and the battery stack are packaged together before insertion into the container (page 3, lines 11-15 and pages 9-10) ) – Lokhorst teaches determining the amount of the phase change material/(PCM (302)) (pages 9-10), and teaches that the module, comprising both the battery cells (118) and the phase change material/(PCM (302)), is placed in the housing (page 3, lines 11-15); therefore, it would be obvious that providing the amount of the phase change material to the battery stack occurs before inserting the battery stack and the amount of the phase change material into the container such that the amount of the phase change material and the battery stack are packaged together before insertion into the container.
With respect to claim 29, Lokhorst teaches:
stacking the plurality of battery cells (Figure 3A, 118), wherein providing the amount of the phase change material (302) to the battery stack occurs during stacking of the plurality of battery cells (118) (during manufacturing) (page 7, 2nd paragraph); and providing a plurality of heat spreaders (156), wherein each of the plurality of battery cells (118) has a first side positioned adjacent to a first respective heat spreader (156) from the plurality of heat spreaders (156) and a second side positioned adjacent to a second respective heat spreader (156) from the plurality of heat spreaders (156) (as illustrated).
Claims 17-18, 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109478703 A (to Lokhorst et al.), as applied to claim 16 above, and further in view of Longardner et. al (US 5449571 A).
With respect to claims 17 and 22, Lokhorst discloses all claim limitations as set forth above but fails to teach wherein the one or more solid layers includes a first layer provided on a top external surface of the battery stack and in contact with each of the plurality of battery cells, a second layer provided on a bottom external surface of the battery stack and in contact with each of the plurality of battery cells (claim 17); and wherein the battery stack is enveloped by the solid phase change material (claim 22). Longardner teaches a battery module (Figures 6-7) comprising a plurality of battery cells (414/512/513) (col. 7, lines 24-33), and a plurality of phase change material comprising one or more solid layers (426/528) inserted between the battery cells (414/515) (as illustrated), and wherein the one or more solid layers includes a first layer/(panel) provided on a top external surface (Figure 1, 16) of the battery stack and in contact with each of the plurality of battery cells (12) (as illustrated), a second layer provided on a bottom external surface of the battery stack and in contact with each of the plurality of battery cells, and wherein the battery stack is enveloped by the solid phase change material (col. 4, lines 26-30) in order to provide additional heat absorption layers to thereby minimize potential damage in case of a thermal-run-away event.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the one or more solid layers include a first layer provided on a top external surface of the battery stack and in contact with each of the plurality of battery cells, a second layer provided on a bottom external surface of the battery stack and in contact with each of the plurality of battery cells and wherein the battery stack is enveloped by the solid phase change material in the method of Lokhorst, as taught by Longardner, in order to provide additional heat absorption layers to thereby minimize potential damage in case of a thermal-run-away event.
With respect to claim 18, Longardner further teaches wherein the one or more solid layers further includes a third layer (Figure 7, 528) provided on a first external side/(right side) surface of the battery stack (512/513) (as illustrated) (col. 7, lines 24-33), and a fourth layer (528) provided on a second external side/(left side) surface of the battery stack (512/513), such that each of the plurality of battery cells (512 & 513) are positioned between the third layer (528) and the fourth layer (528) (as illustrated).
With respect to claim 20, Lokhorst discloses all claim limitations as set forth above including wherein the one or more solid layers/(PCM (302)) are provided between the plurality of battery cells (118) (as illustrated); but fails to teach providing one or more thermal insulation layers between the plurality of battery cells.
Longardner teaches a battery module (Figures 6-7) comprising a plurality of battery cells (414/512/513) (col. 7, lines 24-33), and a plurality of phase change material comprising one or more solid layers (426/528) inserted between the battery cells (414/515) (as illustrated), Longardner further teaches wherein the one or more solid layers (426/528) are provided between the plurality of battery cells (512/513), and further teaches inserting one or more thermal insulation layers/(panels (Figure 1, 24) and (Figure 6, 424)) (the panels can comprise rubber or plastic which have insulation properties) (col. 5, lines 5-8), between the plurality of battery cells (512/513) (as illustrated) in order to provide improved thermal management and assist in retaining heat for later use.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide one or more thermal insulation layers between the plurality of battery cells in the method of Lokhorst, as taught by Longardner, in order to provide improved thermal management and assist in retaining heat for later use.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over CN 109478703 A (to Lokhorst et al.), as applied to claim 11 above, and further in view of KR 20170135476 A (to Jun et al.) – translation attached and relied upon below.
With respect to claim 21, Lokhorst discloses all claim limitations as set forth above but fails to teach wherein the container is configured to compress the battery stack and the phase change material. Jun et al. teaches a battery pack comprising a container/(case (100)) including a plurality of battery cells (200) stacked therein and a plurality of solid phase change material/(buffer pads (300)) arranged in-between the plurality of battery cells (200) (as illustrated), and the container (100) is configured to compress the battery stack (200) and the phase change material/(buffer pads (300)) in order to control battery cell swelling and to possibly prevent damage to the battery cells (200) and the container (100) due to the expansion of the cells (200) (page 4).
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to configure the container to compress the battery stack and the phase change material, as taught by Jun et al., in order to control battery cell swelling and to possibly prevent damage to the battery cells and the container due to the expansion of the cells.
Response to Arguments
Applicant’s arguments with respect to claims 11-30 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, due to applicant’s amendments made to the claims.
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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/KAITY V CHANDLER/ 6/27/2026Primary Examiner, Art Unit 1725
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