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 .
Status of the Claims
This action is in reply to papers filed 9/16/2026. Applicant has amended claims 1-3. Claims 13-15 are new.
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.
Claims 1-2 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Milroy et al. (US 2017/0358831 A1) in view of Yoo et al. (US 2022/0285802 A1).
Regarding claim 1, Milroy et al. discloses a battery pack (battery pack assembly 100) comprising: a plurality of battery modules (battery modules 110); a pack housing (housing 102) in which the plurality of battery modules are accommodated (Para. 0027); and a thermal electric device 120 associated with at least one battery module of the plurality of battery modules and the pack housing (Para. 0036; Fig. 18), and configured to convert electrical energy stored in the at least one battery module into thermal energy as a temperature inside the pack housing increases and dissipate the thermal energy through at least one of the pack housing and a heat sink (heat sink 128; Paras. 0031-0033).
Milroy et al. differs from the invention as claimed because Milroy et al. do not disclose wherein the energy consuming device is a resistor configured to convert electrical energy stored in the battery module into thermal energy.
Yoo et al., however, teach wherein the energy consuming device is a resistor (resistor 310; Fig. 1; Para. 0036) configured to convert electrical energy stored in the battery module into thermal energy (Para. 0039).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the energy consuming device is a resistor configured to convert electrical energy stored in the battery module into thermal energy as taught by Yoo et al. on the invention of Milroy et al. in order to rapidly consume stored battery energy upon detection of an excessive temperature condition and dissipate the resulting thermal energy through a cooling device/heat sink, thereby reducing the energy available to contribute to thermal runaway and prevent overheating.
Regarding claim 2, Milroy et al. as modified by Yoo et al. discloses the battery pack of claim 1. Milroy et al. differs from the invention as claimed because Milroy et al. does not disclose wherein the resistor is configured to be connected to the pack housing to conduct thermal energy received from the resistor. to the pack housing.
Yoo et al., however, teaches wherein the resistor (resistor 310) is configured to be connected to the pack housing (battery module 100) to conduct thermal energy received from the resistor to the pack housing (Paras. 0033-0037).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the resistor is configured to be connected to the pack housing to conduct thermal energy received from the resistor to the pack housing as taught by Yoo et al. on the invention of Milroy et al. in order to provide a thermal conduction path for removing heat generated by the resistor.
Regarding claim 12, Milroy et al. as modified by Yoo et al. discloses a vehicle comprising the battery pack according to claim 1 (Para. 0034).
Regarding claim 13, Milroy et al. as modified by Yoo et al. discloses the battery pack of claim 1. Milroy et al. differs from the invention as claimed because Milroy et al. does not disclose further comprising a switch between the resistor and the at least one battery module.
Yoo et al., however, teaches a switch (switch 320) between the resistor (resistor 310) and battery module (battery module 100).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included a switch between the resistor and the battery module as taught by Yoo et al. on the invention of Milroy et al. to selectively connect the battery module to the resistor, in order to allow for controlled consumption of electrical energy stored in the battery module when an excessive temperature is detected.
Regarding claim 14, Milroy et al., as modified by Yoo et al. discloses the battery pack of claim 13. Milroy et al. differs from the invention as claimed because Milroy et al. does not disclose wherein the switch is configured to close when a temperature of the at least one battery module rises above a predetermined temperature.
Yoo et al., however, teach wherein the switch (switch 320) is configured to close when a temperature of the at least one battery module (battery module 100) rises above a predetermined temperature (Paras. 0038-0039, 0045, 0051).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the switch is configured to close when a temperature of the at least one battery module rises above a predetermined temperature as taught by Yoo et al. on the invention of Milroy et al. in order to electrically connect the battery module to the resistor and consume electrical energy upon detection of an excessive temperature condition.
Regarding claim 15, Milroy et al. as modified by Yoo et al. discloses the battery pack of claim 13. Milroy et al. differs from the invention as claimed because Milroy et al. does not disclose wherein the switch is configured to close when a temperature inside the pack housing rises above a predetermined temperature.
Yoo et al., however, teach wherein the switch is configured to close when a temperature inside the pack housing rises above a predetermined temperature (Paras. 0031-0033; 0051).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the switch is configured to close when a temperature inside the pack housing rises above a predetermined temperature as taught by Yoo et al. on the invention of Milroy et al. in order to dissipate energy thereby preventing overheating/thermal runaway.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claim 3 is allowable because the prior art of record does not teach or suggest a heat insulating member surrounding at least a portion of the resistor in combination with a heat dissipator configured to connect the heat insulating member to the pack housing. Claims 4-11 depend from claim 3.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY LYNN JOHNS whose telephone number is (313)446-4852. The examiner can normally be reached 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver can be reached at 3032974337 or 5712726698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L JOHNS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
