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 Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claims 8, 15, and 21 of the instant application have amended dependencies to claims 4, 7, and 10 instead of to claims 7, 14, and 20. This amendment appears to correspond to the new order in which the claims are presented; however, these dependencies should be to the current claim number of the parent claim (7, 14, and 20).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation “the at least one screw”. There is insufficient antecedent basis for this limitation in the claim. While “at least one mechanical fastening element” is recited in previous claim 7, claim 8 does not depend from claim 7, nor is any mention of a screw in any prior claim made.
Claim 15 recites the limitation "the polymer". There is insufficient antecedent basis for this limitation in the claim. While “a polymer” is recited in previous claim 14, claim 15 does not depend from claim 14. See claim Objections section above.
Claim 21 recites the limitation “the first PSA”, “the second PSA”. There is insufficient antecedent basis for this limitation in the claim. See Claim Objections section above
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.
Claims 1-2, 34, 36, and 39-40 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Tamura (JP 2021062667).
Regarding claim 1, Tamura teaches an electric bicycle 1 (Paragraph 2), comprising:
a bicycle frame 2 (Paragraph 4), and
at least one control unit and/or at least one bicycle device 4A at least partially accommodated within said bicycle frame 2 (Paragraphs 45 and 4, Fig. 11; the bicycle device is accommodated within the down tube 23 of the bicycle frame 2), wherein said control unit and/or said bicycle device 4A comprises:
at least one heat generating component 420 (Paragraph 46), and
at least one heat sink Q1-Q6 thermally co-acting with said at least one heat generating component 420 configured to dissipate heat away from said heat generating component 420 (Paragraphs 56-57, Fig. 11), wherein said at least one heat sink Q1-Q6 connects, directly or indirectly, to an inner side of a wall 232 of said bicycle frame 2 such that heat originating from said at least one heat generating component is dissipated at least partially via said at least one heat sink 44 into said wall 232 of said bicycle frame 2 (Paragraph 57, Fig. 11), and wherein said control unit and/or said bicycle device 4A comprises at least one thermally conductive interface 44m, attached, directly or indirectly, to at least one heat sink Q1-Q6, and interposed in between at least a part of said heat sink Q1-Q6 and said bicycle frame wall 232 to provide a thermally conductive pathway therebetween (Paragraphs 56-57, Fig. 11; the curved surface of heat transfer unit 44 directly contacts the inner wall of the bike frame and is between the inner wall and the heat sinks Q1-Q6), wherein a distant side of the thermally conductive interface 44m (the outer side of the curved surface 44m is the distant side of the interface), facing away from the at least one heat sink Q1-Q6, has a substantially smooth surface, and wherein said distant side of said thermally conductive interface is in substantially continuous physical contact with the inner side of said bicycle frame wall 232 (Paragraph 56, Fig. 11; the smooth surface of the curved surface of the distant side of the interface 44m is indicated by the gapless connection between it, and the inner wall of the bicycle frame).
Regarding claim 2, Tamura teaches wherein said wall 232 of said bicycle frame 2 is configured to act as heat absorption surface and/or as heat transfer surface and/or wherein said wall 232 of said bicycle frame 2 is at least partially composed of conductive material (Paragraphs 4 and 56-57; the wall 232 of the down tube 23 of the bicycle frame 2 is capable of absorbing heat and dissipating it and is thus composed at least partially of a conductive material).
Regarding claim 34, Tamura teaches wherein at least one control unit 4A forms a main ECU (electronic control unit) and/or wherein at least one heat generating component is chosen from the group consisting of a capacitor C1, a battery, a connector, a semiconductor chip, a processor, and a metal-oxide-silicon field effect transistor (MOSFET) (Paragraphs 16 and 46; control unit 4A includes drive circuit 42 which has a substate 420 with a capacitor C1).
Regarding claim 36, Tamura teaches wherein the bicycle 1 comprises foot pedals 631, wherein said pedals are 631, directly or indirectly, connected to a crank set 633 of the bicycle 1 for propelling the bicycle (Paragraph 12) and/or wherein the bicycle is a pedal operable electric bicycle and/or wherein the bicycle comprises at least one electromotor 43 to drive at least one wheel 32 of the bicycle (Paragraphs 13-14, 16, and 19, Fig. 6).
Regarding claim 39, Tamura teaches wherein the bicycle comprises a pedal-operated manpower driven system 631 and an electromotor driven system 43 in parallel to each other, wherein at least one bicycle control unit 4A is configured to control the output of the electromotor 43 driven in response to a pedal depressing force of the manpower driven system (Paragraphs 13-14, Fig. 6).
Regarding claim 40, Tamura teaches wherein the control unit and/or the bicycle device 4A comprises:
at least one heat generating component 420 (Paragraph 46), and
at least one heat sink Q1-Q6 configured to thermally co-act with said at least one heat generating component 420 configured to dissipate heat away from said heat generating component 420 (Paragraphs 56-57, Fig. 11), wherein said at least one heat sink Q1-Q6 is configured to connect, directly or indirectly, to an inner side of a wall 232 of said bicycle frame 2 such that heat originating from said at least one heat generating component 420 will be dissipated via said at least one heat 44 sink into said wall 232 of said bicycle frame (Paragraphs 56-57, Fig. 11).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Tanji (JP 2021062668).
Regarding claim 5, Tamura teaches a thermally conductive interface, but does not expressly teach a plurality of thermally conductive interfaces.
However, Tanji teaches an electric bicycle 1A control unit wherein a control unit and/or a bicycle device 4A comprises a plurality of thermally conductive interfaces 731, attached, directly or indirectly, to at least one heat sink 444, and interposed in between at least a part of said heat sink 444 and said bicycle frame wall 232 to provide a thermally conductive pathway therebetween (Paragraph 60, Fig. 11 of Tanji) wherein the plurality of thermally conductive interfaces 731 are arranged in a linear array or matrix array, and wherein at least two of the plurality of thermally conductive interfaces are arranged at a distance from each other (Fig. 11 of Tanji).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to have the plurality of thermally conductive interfaces of Tanji in order to advantageously dissipate heat generated by the drive unit (Paragraph 71 of Tamura).
Claims 7-8 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Deng (CN 108438129).
Regarding claim 7, Tamura does not teach wherein the heat sink is fastened to the heat generating component by at least one mechanical fastening element.
However, Deng teaches an electric bicycle controller 10 wherein at least one heat sink 15 is fastened to said at least one heat generating component 16 by at least one mechanical fastening element 20 (Paragraph 26, figs. 2-4 of Deng; the fasteners mount the heat sink to the controller which is comprised of heat generating components).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Tamura to have a fastener mount the heat sink to the heat generating component as Deng teaches in order to advantageously fix the components in place (Paragraph 37 of Deng).
Regarding claim 8, Tamura does not teach wherein the heat sink is fastened to the heat generating component by a screw.
However, Deng teaches an electric bicycle controller 10 wherein the at least one screw 20 used to fasten said at least one heat sink 15 to said at least one heat generating component 16, comprises a screw head, wherein said screw head engages a side of the heat sink 15 facing away of the heat generating component 16, wherein the screw head of said at least one screw is accommodated in a recessed portion 21 of the heat sink 15 (Paragraph 26, figs. 2-4 of Deng).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Tamura to have a fastener mount the heat sink to the heat generating component as Deng teaches in order to advantageously fix the components in place (Paragraph 37 of Deng).
Regarding claim 25, Tamura teaches wherein the heat sink Q1-Q6 comprises a thermally conductive block or strip covering at least a part of the at least one heat generating component (Paragraph 21, Figs. 8 and 11), wherein said block or strip is at least partially composed of metal (Paragraph 21; the switching elements Q1-Q6 are block-shaped and are metal-oxide semiconductor field effect transistors) and/or wherein the control unit and/or said bicycle device 4A comprises an outer casing 40 (Paragraph 28).
Tamura teaches wherein the heat sink comprises a locking mechanism (paragraph 28), but does not expressly teach a sealing element.
However, Deng teaches a pipe-hidden controller 10 for an electric bicycle wherein the heat sink 15 comprises a sealing element to seal a space in between said outer casing and said heat sink 15 (Paragraphs 26 and 29; the surface of the heat sink is adhered to the wall of the tube of the bicycle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the method of sealing the controller of Deng to the wall through adhesion in place of the method of locking the controller to the wall through a locking member and the results of the substitution would have been predictable and held the controller in place within the bicycle frame. This would advantageously provide a better surface-to-surface connection between the heat sink and the tube frame of the bicycle for heat conduction.
Claims 14-15, 20-21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view Kilhenny (US 20210257690).
Regarding claim 14, Tamura teaches wherein a heat conductive member made of a polymer such as silicon can be arranged between the components of the drive device 4A (Paragraph 38).
Tamura does not expressly teach wherein the at least one thermally conductive interface is at least partially composed of at least one polymer.
However, Kilhenny teaches a battery thermal management multilayer sheet wherein a thermally conductive interface 61 is composed of at least one polymer ([0008] and [0040], Fig. 6 of Kilhenny).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to be made of a polymer foam as Kilhenny teaches in order to advantageously provide an exemplary material for high thermal conductivity ([0040] of Kilhenny; “In an aspect, the first and second heat-spreading layers are each independently a foil, a woven or nonwoven fiber mat, or a polymer foam.”).
Regarding claim 15, Tamura as modified teaches wherein at least one filler is dispersed in the polymer ([0050] of Kilhenny) and/or wherein at least one thermally conductive interface is at least partially composed of at least one thermoplastic polyurethane ([0047] of Kilhenny; “The polymer fibers or foams can include one or more of a wide variety of thermoplastics… polyurethanes…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to contain a filler and thermoplastic polyurethane as Kilhenny teaches in order to advantageously provide additional thermal insulation, heat absorption, or heat deflection as desired ([0050] of Kilhenny).
Regarding claim 20, Tamura does not teach a pair of pressure sensitive adhesive layers.
However, Kilhenny teaches wherein at least one thermally conductive interface 61 comprises a first surface, composed of a first pressure sensitive adhesive 81 (PSA), and an opposing second surface 63, composed of a second pressure sensitive adhesive 82 (PSA) ([0008], [0040], and [0067], Figs. 6-7 of Kilhenny; elements 81/82 are made of pressure sensitive polymer foam layers 61/63 and adhesive layers 85/87).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to have the pressure sensitive adhesive layers of Kilhenny in order to advantageously provide a bonding sheet which has high performance over a wide range of temperatures ([0058] of Kilhenny).
While Kilhenny does not teach the first pressure sensitive adhesive bonded to the heat sink, and the second pressure sensitive adhesive bonded to the bicycle frame inner surface, the question is what would result from the combined teachings of the references. See in re Keller, 642 F.2d 413, 425 (CCPA 1981). Here, that result would be the thermal management multilayer sheet being mounted between the bicycle tube frame inner wall and the heat sink of Tamura, to provide a thermally conductive pathway therebetween, with the first adhesive layer pointing towards and bonded to the heat sink, and the second adhesive layer pointing towards and bonded to the wall.
Regarding claim 21, Tamura as modified teaches wherein the first PSA 81 and/or second PSA 82 comprises a silicone pressure sensitive adhesive component ([0067]-[0068], Fig. 7 of Kilhenny, the heat-spreading layers 61, 63 are part of the first and second PSAs; [0040], [0049] of Kilhenny, the heat-spreading layers can be a polymer foam made of silicone) and/or wherein said first PSA 81 and/or second PSA 82 comprises a blend of an acrylic pressure sensitive adhesive component and a second thermally-conductive filler ([0054] of Kilhenny), wherein said first PSA comprises between 0% and about 15% by weight of said first thermally-conductive filler, and wherein said second PSA comprises between about 15% and about 85% by weight of said second thermally conductive filler ([0045] of Kilhenny), wherein said first and said second thermally-conductive filler are selected from the group consisting of: boron nitride, titanium diboride, aluminum oxide, aluminum nitride, magnesium oxide, zinc oxide, silicon carbide, beryllium oxide, antimony oxide, and mixtures thereof ([0040] and [0055] of Kilhenny).
While Kilhenny does not expressly teach the first PSA comprising the range of 0-15% of the first filler weight and 15-85% of the second filler weight, it would have been obvious to one having ordinary skill in the art at the time the invention was made to adjust the weight percent ratios of the fillers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 24, Tamura does not teach the thermally conductive interface comprising a phase change material.
However, Kilhenny teaches wherein at least one thermally conductive interface comprises a phase change material (PCM) ([0072]-[0073] of Kilhenny).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to have a layer of phase-change material as Kilhenny teaches in order to advantageously provide a layer which can temporarily inhibit the flow of thermal energy as desired ([0072] of Kilhenny).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Tanji and Kilhenny
Regarding claim 11, Tamura teaches wherein at least one thermally conductive interface 44m directly connects to the bicycle frame wall (Paragraph 56), but does not expressly teach the length of the heat sink being larger than the length of the thermally conductive interface.
However, -----Tanji teaches an electric bicycle 1A control unit wherein a control unit and/or a bicycle device 4A comprises a plurality of thermally conductive interfaces 751 and wherein the length of a heat sink Q1-Q6 is larger than the length of an individual thermally conductive interface 751 (Paragraphs 64 and 66, Fig. 12 of Tanji; the length of each individual heat sink Q1-Q6 is longer than a length of each heat dissipating fin 751).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to have the plurality of shorter thermally conductive interfaces of Tanji in order to advantageously dissipate heat generated by the drive unit (Paragraph 71 of Tamura).
Tamura as modified does not teach the thermally conductive interface being composed of a compressible material.
However, Kilhenny teaches a thermal management multilayer sheet for a battery wherein at least one thermally conductive interface 61/63 is at least partially composed of a compressible material ([0039]-[0040] of Kilhenny; the compressible material is when the interfaces are made of polymer foam).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to be made of compressible polymer foam as Kilhenny teaches in order to advantageously use a material with high thermal conductivity ([0040] of Kilhenny).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Rhein (US 10573938) and Yoon (US 20110287285)
Regarding claim 17, Tamura does not expressly teach the thermally conductive interface being electrically insulating.
However, Rhein teaches a cover assembly for a battery module with a thermally conductive interface wherein the thermally conductive interface is an electrically insulating, thermally conductive interface (Claims 12 and 17 of Rhein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermally conductive interface of Tamura to be electrically insulating as Rhein teaches in order to advantageously provide a thermally conductive interface which doesn’t interfere with the electrical energy transfer within the control unit/drive device (Col. 8, lines 21-32 of Rhein).
Tamura as modified does not expressly teach wherein the thermal conductivity of the thermally conductive interface increases as pressure on the thermally conductive interface increases.
However, Yoon teaches as a general concept that heat transfer performance is improved by providing a greater contact area between two surfaces ([0054] of Yoon).
Therefore, the conductivity of the thermally conductive interface of Tamura will increase as a pressure on the interface increases due to the biasing pressure forcing greater surface contact between the thermally conductive interface, and the bicycle frame inner wall.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Talavasek (US 20200398931) and Anderson (US 20210036275).
Regarding claim 28, Tamura does not teach the control unit being mounted in the top tube of the bicycle.
However, Talavasek teaches an electric bicycle wherein the control unit and/or the bicycle device is mounted to the bicycle frame by means of at least one fastening element ([0019] of Talavasek) and/or wherein the bicycle frame comprises a top tube, wherein the control unit is mounted to said top tube and at least partially accommodated within said top tube ([0021] of Talavasek; the battery is part of the control unit 26 and can be mounted in the top tube of the bicycle frame 14).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the bicycle device of Talavasek to mount inside the top tube of the bicycle by a fastener as Talavasek teaches and the results of the modification would have operated the same and advantageously provided a battery coupling arrangement which can be made removable or permanent ([0019] of Talavasek).
Tamura as modified does not teach wherein the control unit and/or the bicycle device is substantially watertight.
However, Anderson teaches a battery pack housing 102 for an electric bicycle which comprises a watertight seal ([0014] of Anderson).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bicycle device of Tamura to be watertight as Anderson teaches in order to advantageously provide an electric device which resists the negative impacts of water ([0014] of Anderson).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Birkestrand (US 6144125).
Regarding claim 33, Tamura teaches wherein the control unit and/or the bicycle device 4A comprises a structure, but does not expressly teach that structure being a printed circuit board (Paragraph 20, Fig. 3).
However, Birkestrand teaches a contactless electronic control system for an electric bicycle wherein a control unit 50 and/or a bicycle device 49 comprises at least one printed circuit board (PCB) 136, and wherein at least one heat generating component 51 is mounted onto said PCB (Col. 8, lines 32-44, Figs. 1 and 6 of Birkestrand).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the control circuit of Tamura on a printed circuit board as Birkestrand teaches in order to advantageously provide a suitable control means to the bicycle which operates the motor in reliable fashion (Col. 1, lines 29-33 of Birkestrand).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6919504 teaches a flexible heat sink with multiple thermally conductive interfaces.
US 20090162596 teaches that silicone pressure sensitive adhesives have excellent temperature performance.
US 20120258337 teaches a battery with thermally conductive interfaces with phase change materials.
CN 205655554 teaches a bicycle heat sink which is mounted to a heat generating component by a fastener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL WILLIAM WATKINS whose telephone number is (703)756-4744. The examiner can normally be reached Monday-Thursday, 8:30 am -6:00 pm EST; Friday 8:30 am - 2:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 5712722706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.W.W./Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
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