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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-7, and 13-19 in the reply filed on 5/27/2026 is acknowledged. Claims 8-12 and 20-23 have been cancelled.
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 3, 6, 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.
As to claims 3 and 15, the claim is redundant due to repetition of the term “content”. To improve clarity and conciseness, the claim can be rewritten as follows: the thermal insulation layer comprises 10 to 30 wt% of the aerogel particles, 60 to 80 wt% of the binder material, 1 to 10 wt% of the nanofiber and 0.1 to 6 wt% of the surfactant and 1 to 10 wt% of the pigment material.
As to claim 6, the claim is redundant because it uses “thinner” and “thickness” to convey the same comparative idea. The following version directly compares the two without the unnecessary repetition of the terms related to thickness: the second thermal insulation layer is thinner than the first thermal insulation layer.
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.
Claims 1, 2, 4-7, 13, 14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2026/0171560 to Wang et al. (hereinafter “Wang”) in view of US 2025/0313485 to Zhang et al. (hereinafter “Zhang”).
As to claims 1, 5, 7, 13, 17, and 19, Wang discloses a battery stack or battery module 300 comprising a thermal regulating member 310 disposed between a stack of battery cells 302 (figure 3). The thermal regulating member 310 comprises an aerogel layer 312 disposed between two thermal conductor plates 314 and 316 (figure 3). The thermal conductor plates are metal foam, metal mesh or metal wood (paragraph 47) and each of which corresponding to the claimed inorganic material. Additionally, the thermal conductor plate comprises a mica plate (paragraphs 50 and 53). The aerogel layer comprises an aerogel slurry made of aerogel particles mixed with a binder and a surfactant (paragraph 33). The aerogel slurry is applied to a batting or a felt to form a composite aerogel structure (paragraph 33).
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Wang does not explicitly disclose the aerogel layer comprising a nanofiber, and a pigment.
Zhang, however, discloses a heat control member comprising a mixture of silica aerogel particles, hydrophobic silica-containing particles, nanofibers, infrared (IR) opacifiers, a binder and a surfactant (abstract; paragraphs 35-36, 39, and 43; and table 5). The nanofibers comprise cellulose fibers, polyester fibers, or polyvinyl alcohol fibers (paragraph 35). The nanofibers have a diameter of 10 to 100 nm (paragraph 36). The IR opacifers include rutile sand which is a naturally occurring mineral composed of primarily of titanium dioxide in its rutile crystal form, corresponding to claimed pigment.
Zhang also discloses that the heat control member comprises 1-99 wt% of nanofibers (paragraph 38); 6.8 wt% of rutile sand (table 5) and 8.7 wt% of surfactant (table 5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to motivated by the desire to incorporate the nanofibers disclosed in Zhang in the aerogel layer of Wang, motivated by the desire to provide strength and mechanical resilience while reducing flammability and helping to prevent the aerogel particles from settling after installation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to motivated by the desire to incorporate the rutile sand disclosed in Zhang in the aerogel layer of Wang, motivated by the desire to reduce radiative heat transfer.
As to claims 2 and 14, Wang discloses that the thermal conductor plates are metal foam, metal mesh or metal wood (paragraph 47) and each of which corresponding to the claimed inorganic material. Additionally, the thermal conductor plate comprises a mica plate (paragraphs 50 and 53).
As to claim 4, Wang does not explicitly the chemistry of the binder.
Zhang, however, discloses a heat control member comprising a mixture of silica aerogel particles, hydrophobic silica-containing particles, nanofibers, infrared (IR) opacifiers, a binder and a surfactant (abstract; paragraphs 35-36, 39, and 43; and table 5). The nanofibers comprise cellulose fibers, polyester fibers, or polyvinyl alcohol fibers (paragraph 35). The nanofibers have a diameter of 10 to 100 nm (paragraph 36). The IR opacifers include rutile sand which is a naturally occurring mineral composed of primarily of titanium dioxide in its rutile crystal form, corresponding to claimed pigment.
Zhang also discloses that the binder includes acrylate polymers (paragraph 43).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use acrylate polymer disclosed in Zhang for the binder disclosed in Wang, motivated by the desire to help prevent widespread dispersion or dissipation of the silica aerogel and other particulate components of the aerogel layer in case of a catastrophic failure or explosion of the battery.
As to claim 6, Wang discloses that the aerogel material is in the form of two aerogel layers (paragraph 54): a first aerogel layer and a second aerogel layer encapsulating the first aerogel layer, thereby preventing dust generated from the first aerogel layer. The first aerogel layer is an aerogel paint while the second aerogel layer is a fiber reinforced aerogel blanket (paragraph 54). The blanket is thus thicker than the coating paint. The first aerogel layer reads on the claimed second thermal insulation layer while the second aerogel layer corresponds to the claimed first thermal insulation.
As to claim 18, Wang discloses that the aerogel layer is formed to cover both surfaces of the thermal conductor plate (figure 5F).
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Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zhang as applied to claim 13 above, further in view of US 2012/0037838 to Bauer et al. (hereinafter “Bauer”).
Neither Wang nor Zhang discloses the thermal insulation comprising an inorganic binder including at least one of sodium silicate and potassium silicate.
Bauer, however, discloses an aerogel composition comprising aerogel particles, a surfactant, a binder and fibers (abstract). The binder is an inorganic binder or an organic binder (paragraph 47). The inorganic binder comprises sodium silicate while the organic binder comprises acrylate, epoxy or polyurethane (paragraph 47). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an inorganic binder disclosed in Bauer for the aerogel layer of Wang/Zhang because the inorganic and organic binders have been shown in the art to be recognized equivalent binders for the aerogel compositions and the selection of these known equivalents to be used as binders for the aerogel compositions will be within the level of the ordinary skill in the art.
Claims 1-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of US 2003/021564 to Ackerman et al. (hereinafter “Ackerman”) as evidenced by Zhang.
As to claims 1, 3, 5, 7, 13, 15, and 17-19, Wang discloses a battery stack or battery module 300 comprising a thermal regulating member 310 disposed between a stack of battery cells 302 (figure 3). The thermal regulating member 310 comprises an aerogel layer 312 disposed between two thermal conductor plates 314 and 316 (figure 3). The thermal conductor plates are metal foam, metal mesh or metal wood (paragraph 47) and each of which corresponding to the claimed inorganic material. Additionally, the thermal conductor plate comprises a mica plate (paragraphs 50 and 53). The aerogel layer comprises an aerogel slurry made of aerogel particles mixed with a binder and a surfactant (paragraph 33). The aerogel slurry is applied to a batting or a felt to form a composite aerogel structure (paragraph 33).
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Wang does not explicitly disclose the aerogel layer comprising a nanofiber and a pigment material
Ackerman, however, discloses a heat-resistant aerogel insulation composite comprising an insulation base layer and a thermally reflective top layer on the insulation base layer (abstract). The insulation base layer comprises 60 wt% acrylic binder, 30 wt% aerogel particles and 0.5 wt% foaming agent (paragraph 42) wherein the foaming agent includes a surfactant (paragraph 16). The aerogel particles also comprise opacifying agents including titania to reduce the thermal conductivity of the aerogel particles (paragraph 9). The titania could read on the claimed pigment material. Wang further discloses that the insulation base layer may additionally comprise any of various additives known in the art, provided they are used in amounts such that they do not cause the binder system to penetrate the hydrophobic aerogel particles to any significant degree. This means the titania can be used in an amount such that it does not cause the binder system to penetrate the hydrophobic aerogel particles to any significant degree.
The insulation base layer also includes 2-10 wt% of reinforcing fibers comprising at least one of cellulose polyester and polyvinyl alcohol fibers (paragraph 20).
Zhang is relied upon as evidence establishing a fact that the cellulose fibers, polyester fibers, or polyvinyl alcohol fibers used in the aerogel layer can have a diameter in a range of 10 to 100 nm (paragraphs 35 and 36).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to motivated by the desire to incorporate the reinforcing fibers disclosed in Ackerman/Zhang in the aerogel layer of Wang, motivated by the desire to provide strength and mechanical resilience while reducing flammability and helping to prevent the aerogel particles from settling after installation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to motivated by the desire to incorporate the titania disclosed in Ackerman in an amount in the range instantly claimed, in the aerogel layer of Wang, motivated by the desire to reduce radiative heat transfer without causing the binder system to penetrate the hydrophobic aerogel particles to any significant degree.
As to claims 2 and 14, Wang discloses that the thermal conductor plates are metal foam, metal mesh or metal wood (paragraph 47) and each of which corresponding to the claimed inorganic material. Additionally, the thermal conductor plate comprises a mica plate (paragraphs 50 and 53).
As to claim 4, Wang does not explicitly the chemistry of the binder.
Ackerman, however, discloses a heat-resistant aerogel insulation composite comprising an insulation base layer and a thermally reflective top layer on the insulation base layer (abstract). The insulation base layer comprises 60 wt% acrylic binder, 30 wt% aerogel particles and 0.5 wt% foaming agent (paragraph 42) wherein the foaming agent includes a surfactant (paragraph 16).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use acrylate polymer disclosed in Ackerman for the binder disclosed in Wang, motivated by the desire to help prevent widespread dispersion or dissipation of the silica aerogel and other particulate components of the aerogel layer in case of a catastrophic failure or explosion of the battery.
As to claim 6, Wang discloses that the aerogel material is in the form of two aerogel layers (paragraph 54): a first aerogel layer and a second aerogel layer encapsulating the first aerogel layer, thereby preventing dust generated from the first aerogel layer. The first aerogel layer is an aerogel paint while the second aerogel layer is a fiber reinforced aerogel blanket (paragraph 54). The blanket is thus thicker than the coating paint. The first aerogel layer reads on the claimed second thermal insulation layer while the second aerogel layer corresponds to the claimed first thermal insulation.
As to claim 18, Wang discloses that the aerogel layer is formed to cover both surfaces of the thermal conductor plate (figure 5F).
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Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Ackerman as applied to claim 13 above, further in view of Bauer.
Neither Wang nor Ackerman discloses the thermal insulation comprising an inorganic binder including at least one of sodium silicate and potassium silicate.
Bauer, however, discloses an aerogel composition comprising aerogel particles, a surfactant, a binder and fibers (abstract). The binder is an inorganic binder or an organic binder (paragraph 47). The inorganic binder comprises sodium silicate while the organic binder comprises acrylate, epoxy or polyurethane (paragraph 47). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an inorganic binder disclosed in Bauer for the aerogel layer of Wang/Ackerman because the inorganic and organic binders have been shown in the art to be recognized equivalent binders for the aerogel compositions and the selection of these known equivalents to be used as binders for the aerogel compositions will be within the level of the ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights