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 .
Summary
This is the initial Office Action based on Application 18/738,896 filed 06/10/2024 by John Melack, Thomas P. Muniz, and Nihal Murthy.
Claims 2-19 are currently pending and have been fully considered.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 in line 2 recite “at least one vent hold”. However, “hold” should be “hole” instead. Appropriate correction is required.
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.
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) 2, 4, 6, and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1) and KENJI (JP 2012174970 A).
With respect to claim 2. KAWAGUCHI teaches a non-aqueous electrolyte battery module including a plurality of batteries, a plurality of heat dissipating member, a plurality of heat insulating members, and an exterior casing housing the batteries (paragraph 0010). A plurality of non-aqueous electrolyte batteries 20 are laminated alternately with heat dissipating members 21 so that the heat dissipating members 21 are deposed therebetween and are housed inside an exterior casing 30 of the battery module 40 (paragraph 0052). The heat dissipating members 21 are taken to be the claimed fins. The exterior casing is formed of metal (paragraph 0024). In one embodiment then heat insulating members 22a are disposed on one face of the heat dissipating member 21 (paragraph 0060). As seen in Figure 4 there are a plurality of these heat insulating members 22b, and the heat dissipating member 21 is located between the battery 20 and the heat insulating member 22b and 22a.
KAWAGUCHI teaches as seen in Figure 4, the heat dissipating members 21 include the bent portions 21a on both sides of the batteries (paragraph 0060). Therefore KAWAGUCHI does not explicitly teach the fins include a plurality of single-sided fins.
GARFINKEL teaches a traction battery assembly which includes a battery array having a plurality of cells and thermal plates arranged to sandwich the array (abstract). The battery assembly includes a battery array 202 comprising a plurality of stacked cells 204, such as pouch cells (paragraph 0040). The traction battery assembly 200 includes a first thermal plate 214 (paragraph 0041). The first thermal plate 214 includes a plurality of first fins 226 (paragraph 0042). The battery assembly 200 includes a second thermal plate 244 (paragraph 0044). The first and second thermal plates 214, 244 are dispose don opposing sides of the array 202 and sandwich the array therebetween (paragraph 0044).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the heat dissipating members 21 of KAWAGUCHI with the alternating first and second thermal plates 214, 244 of GARFINKEL as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
Similarly, and in the alternative to GARFINKEL, BUCK teaches a battery module which includes a plurality of cells (paragraph 0060). The battery module further includes a plurality of heat sink assemblies 30 formed of a thermally conductive material (paragraph 0063). The heat sink assembly includes fin portions 304 (paragraph 0082). BUCK is then is taken to teach a plurality of thermal conductors having a plurality of single sided fins.
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the heat dissipating members 21 of KAWAGUCHI with the heat sink assembly of BUCK, as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
The combination of KAWAGUCHI with GARFINKEL or BUCK are taken to teach the claimed battery with a stacked structure. Specifically KAWAGUCHI teaches a stacked structure of cells 20, heat dissipating member 21, and heat insulating member 22b (see Figure 4). The combination of KAWAGUCHI with GARFINKEL or BUCK then substitutes the heat dissipating member with the thermal plates of GARFINKEL or BUCK. Therefore as seen in Figure 4 of KAWAGUCHI the combination of the references as noted above will at least teach opposite edges of the stacked layers are aligned.
GARFINKEL teaches a first thermal plate 214 (paragraph 0041). The first thermal plate 214 includes a plurality of first fins 226 (paragraph 0042). The battery assembly 200 includes a second thermal plate 244 (paragraph 0044). The first and second thermal plates 214, 244 are disposed on opposing sides of the array 202 and sandwich the array therebetween (paragraph 0044). As seen in Figure 6 then the single sided fins then alternate. Further the fins are attached to the thermal plates. Similar KAWAGUCHI teaches the ends of the fins are in contact with the case (paragraph 0053). Therefore the combination of KAWAGUCHI and GARFINKEL as noted above will be structures such as the alternating fins will contact alternate sides of the metal can of KAWAGUCHI.
KAWAGUCHI teaches the heat dissipating members 21 which act on both sides of the cells (see Figure 4). KAWAGUCHI does not explicitly teach the cells have a side compression on at least one side of the cell.
KEJI teaches a power storage device which includes a cell having an outer package 12, a heat radiation plate 20 formed on one surface, with a heat sink 30 formed on one end part of the heat radiation plate (abstract). A holding member 50 in which the other end part of the heat radiation plate is inserted (abstract).
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the holding member 50 of KENJI for the battery cell of KAWAGUCHI, as this is a combination of known prior art elements in order to achieve predictable results. Further the combination of KAWAGUCHI with GARFINKEL from above would have the alternating fins and the combination of KAWAGUCHI with BUCK would teach fins on just one side. Therefore the holding member 50 of KENJI will alternate between being on the side where the fin is, and the opposite side of where the fin is in combination with GARFINKEL, and would be on the opposite side of where the fins are with BUCK.
With respect to claim 4. KAWAGUCHI teaches a battery that includes an electrode housing portion 15 which has been formed by deep-drawing (paragraph 0029). KAWAGUCHI though does not explicitly teach the exterior casing 30 is made by deep drawing. However, at the time the invention was filed one having ordinary skill in the art would have been motivated to form the casing 30 of KAWAGUCHI by deep-drawing, as this is an application of a known prior art technique in order to achieve predictable results.
With respect to claim 6. KAWAGUCHI teaches the battery includes an electrode assembly 10 including a battery element produced by laminating the electrodes with separators therebetween (paragraph 0028). A flexible rectangular exterior member 14 is folded to constitute the exterior member (paragraph 0029). This is taken to be the claimed pouch cell, as the flexible member 14 is taken to be a pouch (see Figure 1B).
With respect to claim 15. KAWAGUCHI teaches the stack of cells are formed in the metal can (see Figures 4-5).
With respect to claim 16. KAWAGUCHI teaches the battery laminate is press-fitted into the casing 30 (paragraph 0053).
With respect to claim 17. KAWAGUCHI teaches a heat insulating member 22a formed at the top and bottom of the stack (paragraph 0055 and Figures 4-5).
With respect to claim 18. KAWAGUCHI teaches as seen in Figure 4, the fin of the thermal conductor is sandwiched between an interior of the can and the cell adjacent to the thermal conductor with the fin.
With respect to claim 19. KAWAGUCHI teaches the metal of the exterior casing 30 may be made of an aluminum material (paragraph 0056). KAWAGUCHI does not explicitly teach 1000 series aluminum, however the specific choice of aluminum may be determined as a matter of routine optimization by one of ordinary skill in the art.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of TAKAMATSU (US 2008/0057392 A1) and GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1) as applied to claim 1 above, and further in view of MUNIZ (US 2013/0071717 A1).
Claim 5 is dependent upon claim 2 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI, and GARFINKEL or BUCK and KENJI. KAWAGUCHI teaches the battery includes an electrode assembly 10 including a battery element produced by laminating the electrodes with separators therebetween (paragraph 0028). A flexible rectangular exterior member 14 is folded to constitute the exterior member (paragraph 0029). This is taken to be the claimed pouch cell, as the flexible member 14 is taken to be a pouch (see Figure 1B). KAWAGUCHI teaches the heat insulating member are made of material with high heat insulating properties (paragraph 0055) but does not explicitly teach that it includes an aerogel.
MUNIZ teaches a battery 100 which includes a number of cell assemblies 102 (paragraph 0013). The battery includes the cells 106, conductor 108, and an insulator 110 (paragraph 0013). The insulator may be made of a material such as silica aerogel (paragraph 0017 and claim 13).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the insulating member of KAWAGUCHI with the silica aerogel material of MUNIZ as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1) and KENJI (JP 2012174970 A) as applied to claim 2 above, and further in view of WANG (CN 103050744 A).
Claim 7 are dependent upon claim 2 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI, GARFINKEL or BUCK, and KENJI. None of KAWAGUCHI, GARFINKEL, or BUCK, and KENJI teaches on one side of the exterior casing having a first and second vent hole.
WANG teaches a battery pack cooling system that includes a battery unit provided in a box body (abstract). As seen in Figure 1 there are two inlets 211 for the air arranged on the front of the battery box located on a first diagonal (paragraph 0027). This cooling air inlet and outlets are beneficial for improving the cooling efficiency of the battery pack (paragraph 0027).
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the two air inlets formed on the diagonal as taught by WANG for the enclosure of KAWAGUCHI, as WANG teaches the benefits of such inlets are for the cooling efficiency. The air inlets 211 are taken to be the claimed vent holes.
Claim 9 is dependent upon claim 2 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI, GARFINKEL or BUCK, and KENJI. Neither KAWAGUCHI nor TAKAMATSU teaches on one side of the exterior casing having a first and second vent hole.
WANG teaches a battery pack cooling system that includes a battery unit provided in a box body (abstract). As seen in Figure 1 there are two inlets 211 for the air arranged on the front of the battery box located on a first diagonal (paragraph 0027). This cooling air inlet and outlets are beneficial for improving the cooling efficiency of the battery pack (paragraph 0027).
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the two air inlets formed on the diagonal as taught by WANG for the enclosure of KAWAGUCHI, as WANG teaches the benefits of such inlets are for the cooling efficiency. The air inlets 211 are taken to be the claimed vent holes.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1), KENJI (JP 2012174970 A), and WANG (CN 103050744 A), and as applied to claim 7 above, and further in view of KIM (US 2013/0004813 A1).
Claims 8 are dependent upon claim 7 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI, GARFINKEL or BUCK, KENJI and WANG.
WANG does not explicitly teach the vent holes are covered by tape.
KIM teaches a battery module which includes a plurality of battery cell each having vent portions (abstract). There is a cover for the vent which includes a cover facing the vent portions (paragraph 0048). A heat resistance member 223 may be provided on the sur face of the cavity of the cover (paragraph 0049). The heat resistance member may include a heat resistance tape (paragraph 0049). In the case where a high temperature gas is degassed form the battery cells it may be possible to prevent the cover from being damaged or deformed (paragraph 0049).
At the time the invention one having ordinary skill in the art would have been motivated to include the cover with the heat resistance tape of KIM for the inlets of WANG, as KIM teaches the benefits of such a structure is to compensate for a high temperature gas discharged from the battery cells (KIM paragraph 0049).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1) and KENJI (JP 2012174970 A) as applied to claim 2 above, and further in view of OTA (US 2017/0025646 A1).
Claims 10-12 are dependent upon claim 2 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI, GARFINKEL or BUCK, and KENJI. However, KAWAGUCHI does not teach a fire retardant foam.
OTA teaches a battery module which includes a plurality of pouch battery cells enclosed in a metal case (paragraph 0224). There is a battery module 2300, a top cover 2310, a top foam 2320, and a case 2340 (paragraph 0224). The top foam includes a fire retardant foam (paragraph 0227).
At the time the invention as filed one having ordinary skill in the art would have been motivated to include the top foam between the battery cells and the top cover as taught by OTA for the battery system of KAWAGUCHI, as this is a combination of known prior art elements in order to achieve predictable results, further such fire retardant material is taught as being beneficial in order to prevent the battery from fire hazards (OTA paragraph 0063).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KAWAGUCHI (US 2013/0130087 A1) in view of GARFINKEL (US 2015/0266387 A1) or BUCK (US 2008/0193830 A1) and KENJI (JP 2012174970 A) as applied to claim 2 above, and further in view of KANG (US 2012/0100400 A1).
Claim 13 is dependent upon claim 2 which is rejected above under 35 U.S.C. 103 in view of KAWAGUCHI in view of GARIFNKEL or BUCK, and KENJI. However KAWAGUCHI does not explicitly teach forming at least one vent hole in each of the four sides of the metal can.
KANG teaches a unit pack which includes a pack case, where cells are formed in the pack case (paragraph 0058-0059). The pack case includes plates with a plurality of vent holes 115 formed on the front plate, rear plate, left and ride side plates (paragraph 0062). Thus the vents allow for the discharge of the heat dissipated from the unit packs to the outside and prevent the temperature of the unit packs (paragraph 0062).
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the plurality of vent holes on each of the sides of the plate on the housing as taught by KANG for the housing of KAWAGUCHI, as this is a combination of known prior art elements in order to achieve predictable results, as KANG teaches such vents are beneficial in order to help dissipate heat form the battery pack to the outside.
With respect to claim 14. The rejection in view of claim 13 from above is repeated here. KANG then teaches a plurality of the vents, and includes a first and second vent on the same half as the negative terminal, and a bottom of the first vent may be higher than a second vent, and a third and forth vent on a same half of the battery as a positive terminal, and the third vent is at a same height as the first vent, and the fourth vent is at a same height as the second vent (see Figure 3).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,046,728 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because patent ‘728 claims a battery having a metal can, a plurality of cells, a plurality of cells stacked with a plurality of thermal conductors having a plurality of single-sided fins, a thermal conductor and a cell, wherein opposite edges of stacked layers of the insulating layers and thermal conductors are aligned, the thermal conductors having a single-sided fin, an orientation of the fins alternates so that one fin touches a first interior side of the metal can and a subsequent fin touches an opposite interior side of the can, wherein the plurality of cells have a side compression on at least one side of the cell, wherein the side compression is made of a flexible material that is different than a material of the single sided fins, and wherein the side compression is provided only on a first side opposite to a second side where a fin is provided (claim 1).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record does not further teach where the side compression is provided only on a first side opposite to a second side where a fin is provided.
Conclusion
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722