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
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kubota et al. (US 2021/0218082) in view of Kobayashi (JP-2021015703-A).
Regarding claims 1-5, Kubota discloses a highly similar battery module construct to the present claims in figure 1. Namely, Kubota discloses a battery pack (reads on module) (100), battery cells (10), a cooler configured to cool the cells (60), an insulator disposed between the battery cells and cooler (figures 3 and 4; reference character 40) and a thermal conductor (heat transfer sheet - 50). Kubota further discloses the thermal conductor (referred to as the heat-transfer sheet) has insulating properties ([0041]).
While Kobota essentially discloses the claimed construct and each of the battery features, Kubota differs from the present claims in two ways. First, Kubota fails to teach the thermal conductor and insulator layer being blended into one another (e.g. filling a hollow portion), and second fails to teach the exactly claimed shapes and relative dimensions as claimed for the layers.
The examiner notes that the courts have generally held that issues such as changes in size or shape, as well as making things integral are matters of obviousness in the absence of unexpected results (see MPEP 2144.04).
In addition to the foregoing, the examiner also notes that Kobayashi, drawn also to the art of cooling battery modules (page 1; figure 7, reference character 41), discloses insulating sheets (figure 7, reference character 29) which contain hollow portions filled with heat conducting portions (figure 7, reference character 28) whereby those two collective portions contact a cooling member (figure 7, reference character 95) which then facilitates cooling the module. While rationale is provided above for changing shapes, sizes and integral natures, it is specifically known by Kobayashi and thus would have been obvious to an ordinary skilled artisan in the battery art, to have filled hollow portions of insulating sheets with the thermal conducting portion (heat-transfer sheet) for the predictable purpose of cooling a battery. In the absence of unexpected results, the foregoing and any respective layer shape changes are not found to be patentably distinguishing. The courts have held that combining prior art elements according to known methods to yield predictable results is not patentably distinguishing (MPEP 2413).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Raiser et al. (US 2018/0062226) discloses a similar battery module assembly with battery cells, insulators, thermal conductors and cooling means (abstract and figure 1). Raiser is also highly relevant to the claimed invention because they disclose that the conducting gap filling material (aligned with claimed thermal conductor filling) can be patterned/discontinuous along the cooling plate surface (figure 1 – reference characters 6 and 7). The foregoing claims effectively form a patterned thermal conducting layer along the cooling plate, which, as disclosed by Raiser, is perfect suitable means/design for conducting the cooling means to cool the battery construct.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL N ORLANDO whose telephone number is (571)270-5038. The examiner can normally be reached M-F 8:00 AM - 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexa Neckel can be reached at (571) 272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
Prosecution Insights