Ex Parte Buck et alDownload PDFPatent Trial and Appeal BoardApr 13, 201814506560 (P.T.A.B. Apr. 13, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/506,560 10/03/2014 13201 7590 04/17/2018 Enerl, Inc.- Faegre Baker Daniels LLP 300 North Meridian Street Suite 2700 Indianapolis, IN 46204 FIRST NAMED INVENTOR Derrick S. Buck UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. ENERD-P0?-001-03-US-E 1034 EXAMINER AKHTAR, KIRAN QURAISHI ART UNIT PAPER NUMBER 1723 NOTIFICATION DATE DELIVERY MODE 04/17/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): inteas@faegrebd.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Exparte DERRICKS. BUCK, ROBERT N. FATTIG and BRUCE J. SILK Appeal 2017-006711 Application 14/506,560 Technology Center 1700 Before TERRY J. OWENS, JEFFREY R. SNAY and SHELDON M. McGEE, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE The Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's rejection of claims 20-25. We have jurisdiction under 35 U.S.C. § 6(b ). The Invention The Appellants claim a battery assembly. Claim 20 is illustrative: 20. A battery assembly comprising: a housing; a plurality of battery packs positioned inside said housing, each of said battery packs including a plurality of assemblies, each assembly including a cell and a frame supporting the cell, the plurality of assemblies are removably connected to form a stack and are electrically connected Appeal 2017-006711 Application 14/506,560 together, each of said battery packs further includes at least one heat sink in contact with the cell; a plurality of battery module housings removably supported by the housing, each battery module housing including an opening which receives at least one battery pack of the plurality of battery packs; and a fluid circulation system defined by at least one inlet port in said housing for receiving fluid introduced into said housing and at least one outlet port defined in said housing, the fluid enters the at least one inlet port of the housing and is introduced to a tubular portion of the at least one heat sink of the respective battery packs, and the fluid exits the at least one outlet port of the housing, the fluid through the introduction to the tubular portion of the at least one heat sink manipulates temperature of each of the respective battery packs by removing heat therefrom. Mita Oogami Lee The References us 5,456,994 US 2004/0016455 Al US 2007/0026301 Al The Rejections Oct. 10, 1995 Jan.29,2004 Feb. 1, 2007 The claims stand rejected under 35 U.S.C. § 103 as follows: claims 20 and 24 over Mita, claims 21-23 over Mita in view of Lee and claim 25 over Mita in view of Oogami. OPINION We reverse the rejections. We need address only the sole independent claim, i.e., claim 20. 1 That claim requires "a plurality of battery packs ... each of said battery packs including a plurality of assemblies, each assembly 1 The Examiner does not rely upon Lee or Oogami for any disclosure that remedies the deficiency in Mita as to the independent claim (Ans. 4---6). 2 Appeal 2017-006711 Application 14/506,560 including a cell and a frame supporting the cell ... each of said battery packs further includes at least one heat sink in contact with the cell." Mita discloses a battery module (3) comprising a plurality of battery cells (31) "with spacers 35 having a large number of vertical pores 35a interposed between adjacent battery cells 31 to form a battery cell assembly, by disposing two rows of the battery cells assemblies side by side, and by tightly binding the finally assembled battery cells with plural sets of push members 36 arranged on both ends of the finally assembled battery cells and connecting members 32 fixed to the push members 36 by bolts 33" (col. 3, 11. 23-33; Fig. 5). "[T]he spacer 35 functions not only to prevent the deformation of the battery cells 31 due to an increase in their internal pressure, but also to control the temperature of each battery cell 31 by permitting the temperature-controlling medium such as a cooled or heated air to flow through vertical pores 35a thereof' (col. 3, 11. 34--39). The Examiner states that "Mita discloses that the spacer 35 functions to prevent deformation of the battery cells 31 [Col. 3] and therefore it is the Examiner's position that the spacer supports the cell. As shown in Figure 5, the spacer 35 is adjacent to the battery cell and therefore helps support the cell" (Ans. 7). The Examiner finds that "[g]iven that the spacer in Mita allows for a temperature-controlling medium to flow into the pores and allow[ s] control of the temperature of the battery cells, the spacer with pores functions as a 'heat sink[.]' It has been held that constructing various elements into an integral structure involves only routine skill in the art and would be an obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)" (Ans. 7-8). 3 Appeal 2017-006711 Application 14/506,560 "'[D]uring examination proceedings, claims are given their broadest reasonable interpretation consistent with the specification."' In re Translogic Tech. Inc., 504 F.3d 1249, 1256 (Fed. Cir. 2007) (quoting In re Hyatt, 211F.3d1367, 1372 (Fed. Cir. 2000)). The Appellants' Specification states (i-f 31): Each frame assembly includes a first set of inner frames 50 and 52 securing the plate 34, sandwiched between the inner frames 50 and 52, and a second set of outer frames 54 and 56 for securing the cells 16. One of the cells 16 is secured between one of the inner frames 50 and one of the outer frames 54. The other inner and outer frames 52 and 56 secure another of the cells 16 (See Fig. 6). The Examiner does not address this disclosure and establish that the broadest reasonable interpretation of the Appellants' claim term "frame" consistent therewith includes Mita's spacer (35) positioned between battery cells (31) to prevent them from distorting due to increase in their internal pressure (col. 3, 11. 34--36; Fig. 5). Also, the Appellants' Specification states (i-f 30): The cell retaining element 30 (See Figs 2 and 4) includes a heat sink 32. The heat sink 32 presents a plate 34 formed from a thermally conductive material such as aluminum, copper, and the like. Each heat sink 32 terminates to oppositely spaced from one another fin portions, generally indicated at 36 and 38 in Figure 4 .... Fin portions 36 and 38 provide surface area for cooling or heating. Media, such as liquids, solids, or gasses, and the like, may be introduced to the fin portions 3 6 and 3 8. The Examiner does not address this disclosure and establish that the broadest reasonable interpretation of the Appellants' claim term "frame" consistent therewith encompasses a structure including the heat sink. 4 Appeal 2017-006711 Application 14/506,560 Thus, the Examiner has not established a prima facie case of obviousness of the Appellants' claimed battery assembly. DECISION/ORDER The rejections under 35 U.S.C. § 103 of claims 20 and 24 over Mita, claims 21-23 over Mita in view of Lee and claim 25 over Mita in view of Oo gami are reversed. It is ordered that the Examiner's decision is reversed. REVERSED 5 Copy with citationCopy as parenthetical citation