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.
Claim(s) 1-4 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawazu (US 2023/0211583 A1) in view of Kato et al. (US 10109896 B2), and Hakuta et al. (US 11654841 B2). Kawazu discloses a battery cover (battery case including composite material laminate #1) comprising:
(claim 1) a cover wall (including composite material laminate #1; figure 1);
wherein a sound absorbing surface is provided on the cover wall (#1), the sound absorbing surface comprising a first sound absorbing layer (metal substrate #4) and a second sound absorbing layer (foamed body layer #2) that are stacked in a thickness direction (figure 1; paragraph 0047);
the first sound absorbing layer (#4) is made of a first sound absorbing material (metal substrate, “preferably aluminum plate, an aluminum alloy plate, a magnesium plate, or a magnesium alloy plate, for example…iron, iron and steel materials, stainless steel, copper, a copper alloy, manganese, a manganese alloy, titanium, or a titanium alloy…magnesium, a magnesium alloy, an iron-based alloy, a copper alloy, a manganese alloy, or the like”; paragraph 0143);
the second sound absorbing layer (#2) is made of a second sound absorbing material (foamed body layer; “preferably a closed-cell foam” and “preferably a thermoplastic resin”; paragraphs 0061, 0087-0117);
(claim 2) wherein at least a part of the sound absorbing surface is configured to face an engine;
(claims 3, 4) wherein the first sound absorbing layer (#4) is disposed “outwardly” of the second sound absorbing layer (#2; figure 1).
While Kawazu does not specifically disclose the battery cover (battery case including composite material laminate #1) to be disposed in an engine room, or the cover wall (including composite material laminate #1) configured to cover a side surface of a battery, wherein at least a part of the sound absorbing surface is configured to face an engine, Kawazu teaches the composite material laminate (#1) can be used, “as an insulting material, automotive component (for example, an oil pan, an engine cover, a cylinder head cover, other cover shaped components, an intake manifold, an integrated component thereof, a automotive body structure, ducts, an electric devices case, or a battery case), or the like used under high-temperature conditions, such as to exploit the features of the composite material laminate” (paragraph 0416), and thus would likely cover a surface of a battery in the battery case, and be disposed in an engine room with at least a part of the sound absorbing surface configured to face an engine. In addition, Kato et al. teaches a battery cover (#1) to be disposed in an engine room (column 1, lines 21-25; column 10, lines 33-42), the battery cover comprising a cover wall (heat insulating member #100, shielding member #50) configured to cover a side surface of a battery (#31; figures 6-8; column 22, line 10-column 23, line 26), wherein at least a part of an insulating surface is configured to face an engine (figure 12; column 1, lines 21-25; column 10, lines 33-42; column 27, line 20-column 28, line 3). It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the battery cover of Kawazu to be disposed in an engine room with the cover wall configured to cover a side surface of a battery, as taught by Kato et al., so as to provide both thermal and sound absorbing protection from the engine (discussed throughout Kawazu and Kato et al.), while positioning the battery near the engine, which is exceedingly old and well known in the vehicle art for efficiency and space spacing designs.
While Kawazu does not specifically disclose the first sound absorbing material (metal substrate #4) for a first frequency band, and the second sound absorbing material (foamed body layer #2) for a second frequency band lower than the first frequency band, Kawazu teaches the first sound absorbing material can include the same materials as set forth in the present application (including aluminum, copper; paragraph 0143), and the second sound absorbing material can include the same materials as set forth in the present application (including urethane, foam; paragraphs 0061, 0087-0117). Accordingly, the sound absorbing materials would likely function similarly for the claimed first and second frequency bands. In addition, Hakuta et al. teaches various frequency ranges associated with different sound absorbing materials (discussed throughout specification). It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the battery cover of Kawazu to include the first and second relative frequency bands associated with the first and second sound absorbing materials, since the materials of Kawazu are the same as those set forth in the present application, and so as to provide specific materials associated with specific frequency bands for preferred sound absorption, with an order of the layered arrangement based on location of sound exposure and desired sound absorption characteristics (Hakuta et al.: discussed throughout specification).
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawazu (US 2023/0211583 A1) in view of Kato et al. (US 10109896 B2), and Hakuta et al. (US 11654841 B2), and further in view of Mori (US 10421249 B2). Kawazu, as modified by Kato et al. and Hakuta et al., does not disclose a protective layer configured to protect the second sound absorbing layer from a battery liquid. Mori teaches a sound absorbing layered material (#1; figure 2) including a protective layer (including skin material #2 on exterior material layer #8) configured to protect a sound absorbing layer (including sound absorbing material layer #9) from a battery liquid of the battery (Abstract; column 1, line 63-column 2, line 2; column 2, lines 39-46; column 3, lines 26-56; column 5, line 58-column 6, line 13; column 6, line 66-column 7, line 12), wherein an outward sound absorbing layer (lining material #7) and the protective layer (skin material #2) are made of a same material (figure 2; column 5, lines 14-23). It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the battery cover of Kawazu, as modified by Kato et al. and Hakuta et al., to include a protective layer made of the same material as the first/outward sound absorbing layer, as taught by Mori, so as to protect the sound absorbing layers from rain water, cooling water, battery liquid, window washer liquid, and the like, thereby preventing mold growth and extending the life of the sound absorbing material (Mori: Abstract; column 1, line 63-column 2, line 2; column 2, lines 39-46; column 3, lines 26-56; column 5, lines 14-23; column 5, line 58-column 6, line 13; column 6, line 66-column 7, line 12), with the use of the same material for different layers providing a cost-saving benefit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses battery covers and sound and thermal insulation materials. In particular:
Hogan et al. (US 2007/0238008 A1), Nakamura (US 8888572 B2), Kondo et al. (US 9995243 B2), Nola (US 10315589 B2), Pothier et al. (US 2022/0111804 A1), Hakuta (US 11807174 B2), and Lesage et al. (US 12272343 B2) disclose engine compartments with sound absorbing materials.
Ishida et al. (JP 58210328 A) and Odo et al. (US 4702201 A) disclose sound suppressor boxes with engines and batteries.
Leighty (US 4218105 A) and Guigner et al. (US 11198402 B2) disclose battery boxes with sound suppression.
McLeod et al. (US 2004/0191542 A1) discloses a battery thermal barrier including an aluminum film.
Muto et al. (US 2016/0072105 A1) and Kanayama (US 9991481 B2) disclose thermal insulating battery boxes.
Tocchi et al. (US 7677358 B2), Takezawa (US 10150429 B2), Otsuka et al. (US 11270680 B2), and Sanchez Climent et al. (US 2023/0192011 A1) disclose vehicle sound absorbers.
Feng et al. (CN 211907530 U) discloses a sound suppressing battery plate.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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