Ex Parte Buck et al

Patent Trial and Appeal Board

Apr 13, 2018

14506560 (P.T.A.B. Apr. 13, 2018)

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).
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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.
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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
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