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.
(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.
Claim(s) 1-3, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shengli (CN105860756A).
Regarding claim 1, Shengli discloses the following:
A thermally conductive composition in a liquid form at 25C comprising (Shengli, [0002])
an organopolysiloxane, (Shengli, [0010])
a thermally conductive filler, (Shengli, [0010])
and an ester compound having 12 to 28 carbon atoms. (Shengli, [0010])
Regarding claim 2, Shengli discloses all of claim 1 as shown above. Shengli also discloses the following:
The thermally conductive composition according to claim 1, wherein the ester compound is a monoester in a liquid form at 25C. (Shengli, [0010])
Regarding claim 3, Shengli discloses all of claim 1 as shown above. Shengli also discloses the following:
The thermally conductive composition according to claim 1, wherein the ester compound if represented by the following Formula (1):
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98
253
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Greyscale
Wherein R1 and R2 are alkyl groups, and at least one of R1 and R2 is an alkyl group having 10 or more carbon atoms. (Shengli, [0010])
Regarding claim 6, Shengli discloses all of claim 1 as shown above. Shengli also disclose sthe following:
The thermally conductive composition accorig to claim 1, wherein the thermally conductive composition has a viscosity of 1 to 500 Pa * s. (Shengli, [0022])
Claim(s) 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al (KR101956371B1, hereinafter Choi).
Regarding claim 7, Choi discloses the following:
A thermally conductive member comprising (Choi, [0001])
a silicone matrix, (Choi, [0031])
a thermally conductive filler (Choi, [0019])
and an ester compound having 12 to 28 carbon atoms. (Choi, [0017])
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.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shengli (CN105860756A) in view of Akihiro et al (JP2008038137A, hereinafter Akihiro).
Regarding claim 4 and 5, Shengli disclose all of claim 1 as shown above. However, Shengli does not disclose the thermally conductive composition of claim 1 wherein the organopolysiloxane is an organopolysiloxane containing a reactive group and that this is an addition reaction-curable silicone. Akihiro discloses “The inventors have found that a thermally conductive silicone grease composition comprising an organopolysiloxane having two or more alkenyl groups bonded to silicon atoms in one molecule, an organopolysiloxane having a specific structure and a kinematic viscosity of 10 to 10,000 mmNER1/s at 25°C, an alkoxysilane having a specific substituent, an organohydrogenpolysiloxane having two or more hydrogen atoms bonded to silicon atoms in one molecule, a thermally conductive filler, a platinum-based catalyst, and an addition reaction inhibitor exhibits excellent thermal conductivity, good fluidity before curing, resulting in excellent workability and heat dissipation.” (Akihiro, [0015]). The instant specifications states that the organopolysiloxane containing a reactive group is preferably an addition reaction curable silicone and that the preferable addition reaction-curable silicone is one including an alkenyl group-containing oragnopolysiloxane and a hydrogenorganopolysiloxane.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to combine the thermally conductive composition of Shengli with the thermally conductive composition of Umetani to improve the flow characteristics of the composition of Shengli.
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (KR101956371B1, hereinafter Choi) in view of Podkaminer et al (WO2021176290A1, hereinafter Podkaminer).
Regarding claim 8, Choi discloses all of claim 7 as shown above. Choi discloses that the invention might be used with a power source such as a battery to dissipate heat generated by the power source (Choi, [0050]). But does not directly disclose the battery module having a plurality of cells, a module housing for the cells, and that the heat dissipation member is arranged inside the housing. Podkaminer discloses thermally conductive materials such as silicones can be used as gap fillers (Podkaminer, [0025]). And that these gap fillers can be between a plurality of battery cells and a cooling system (Podkaminer, [0095]).
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to use the heat dissipation member of Choi in the manner disclosed by Podkaminer to better cool a battery module and the cells inside.
Conclusion
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/JOSHUA P BISTANY-RIEBMAN/Examiner, Art Unit 1752
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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