Ex Parte Payne et alDownload PDFPatent Trial and Appeal BoardApr 5, 201712165100 (P.T.A.B. Apr. 5, 2017) Copy Citation United States Patent and Trademark Office 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/165,100 06/30/2008 Josh Payne CMT0160US 1408 102772 7590 04/07/2017 Buckert Patent & Trademark Law Firm, P.C. 2731 South Adams Road, Suite 109 Rochester Hills, MI 48309 EXAMINER MOHADDES, LAD AN ART UNIT PAPER NUMBER 1726 NOTIFICATION DATE DELIVERY MODE 04/07/2017 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): j ohn @ buckertlawfirm .com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JOSH PAYNE, IGOR ISAYEV, HEEKOOK YANG, WILLIAM KOETTING, PETER MORRIS, and VENKATACHALA MOORTHINATARAJAN1 Appeal 2015-005872 Application 12/165,100 Technology Center 1700 Before CATHERINE Q. TIMM, ELIZABETH M. ROESEL, and JULIA HEANEY, Administrative Patent Judges. TIMM, Administrative Patent Judge. DECISION ON APPEAL2 1 Appellants identify the real party in interest as LG Chem Ltd. Appeal Br. 1. 2 In explaining our Decision, we reference the Specification dated Jun. 30, 2008 (Spec.); the Final Office Action dated May 20, 2014 (Final); the Appeal Brief dated Dec. 15, 2014 (Appeal Br.); the Examiner’s Answer dated May 1, 2015 (Ans.); and the Reply Brief dated May 18, 2015 (Reply Br.). Appeal 2015-005872 Application 12/165,100 STATEMENT OF CASE Pursuant to 35 U.S.C. § 134(a), Appellants appeal from the Examiner’s decision to reject claims 1—4, 12, 13, and 16—19. Claims 1, 12, and 13 are rejected under 35 U.S.C. § 103(a) as obvious over Weber3 in view ofOuchi.4 Final 3. To reject claims 2-4, the Examiner adds Juger.5 Final 5. To reject claims 16—19, the Examiner adds Koetting.6 Final 6. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. All of the claims are directed to a battery cell assembly including a battery cell and a heat exchanger. See, e.g., claims 1 and 12. Appellants’ Figure 5 illustrates a portion of the battery cell assembly and depicts a heat exchanger 100 adjacent battery cells 96 and 104. Figure 5 is reproduced below: 3 Weber et al., US 2009/0258289 Al, published Oct. 15, 2009. 4 Ouchi et al., US 5,186,250, issued Feb. 16, 1993. 5 Juger, US 5,329,988, issued Jul. 19, 1994. 6 Koetting et al., US 2009/0186265 Al, published Jul. 23, 2009. 2 Appeal 2015-005872 Application 12/165,100 Figure 5 is a cross-sectional schematic of a battery cell assembly The issue in this appeal revolves around the structure of heat exchanger 100. Compare Appeal Br. 14—20, and Reply Br. 4—8, with Final 3—5, and Ans. 7—9. Appellants’ Figure 7 illustrates a first side of the heat exchanger 100 and shows the outer housing 202 and inlet tube 204. Spec. 126. Figure 7 is reproduced below: 3 Appeal 2015-005872 Application 12/165,100 Figure 7 is a schematic of a first side of the heat exchanger 100 The outer housing 202 includes edges 225, 226, 227, 228. Spec. 127. As illustrated by Figure 8, the outer housing is constructed from plate members 220, 222. Spec. 129. Figure 8 is reproduced below: too 202 )- Figure 8 is a cross-sectional schematic of heat exchanger 100 The left side Figure 8 depicts a portion of the first side wall 220 wrapped around second side wall 222. Figure 11 shows that this wrapped 4 Appeal 2015-005872 Application 12/165,100 configuration extends along all sides of the heat exchanger 100 except at the location of the inlet tube and outlet tube. Figure 11 is reproduced below: lpo Figure 11 is a schematic of a second side of the heat exchanger 100 Appellants’ Figure 9 depicts the configuration around the inlet tube 204. At the location of the inlet tube, portions of the plate members 220, 222 form an inlet extension portion 229 that receives inlet tube 204. Spec. | 28. Figure 9 is reproduced below: 5 Appeal 2015-005872 Application 12/165,100 Figure 9 is a schematic of an inlet extension portion of heat exchanger 100 We reproduce claim 1 from the Claims Appendix of the Appeal Brief with reference numerals added to further illustrate what is claimed, focusing on the portion of the claim most essential to the issue on appeal: 1. A battery cell assembly, comprising: a battery cell [104; Fig. 5]; and a heat exchanger [100; Fig. 5] disposed adjacent the battery cell configured to cool the battery cell, the heat exchanger having an outer housing [202; Fig. 8], the outer housing having a first side wall [220; Fig. 8] and a second side wall [222; Fig. 8] coupled to the first side wall [220]; the first and second side walls [220, 222; Fig. 8/ of the outer housing [202] defining an interior region [224], the first and second side walls [220, 222] further defining a plurality of flow guide members [240, etc.] in locations where the first side 6 Appeal 2015-005872 Application 12/165,100 wall [220] is disposed adjacent to the second side wall [222]; the first side wall [220] having a larger outer periphery than an outer periphery of the second side wall [222]; first, second, third, and fourth portions of the first side wall [220; Fig. 11] being wrapped around first, second, third and fourth ends, respectively, of the second side wall [222]; the first and second side walls [220, 222; Figs. 7,11] further defining a top edge [227], a bottom edge [228], a first side edge [225], a second side edge [226], an inlet extension portion [229], and an outlet extension portion [230]; the first side edge [225] being disposed opposite to the second side edge [226]; the inlet extension portion [229] extending outwardly from the first side edge [225]', the outlet extension portion [230] extending outwardly from the second side edge [226]; an inlet tube [204; Fig. 9] having a portion disposed within the inlet extension portion [229] and another portion extending outwardly from the inlet extension portion [229]; an outlet tube having a portion disposed within the outlet extension portion and another portion extending outwardly from the outlet extension portion; the plurality of flow guide members defining a serpentine flow path in the interior region, the plurality of flow guide members tilted upwardly in the interior region, the serpentine flow path extending from an inlet aperture in the outer housing to another flow path in the outer housing, the serpentine flow path having an upper flow path region and other flow path regions disposed below the upper flow path region, the upper flow path region being defined between the top edge and an upper flow guide member of the plurality of flow guide members, a distance between adjacent flow guide members of the plurality of flow guide members is decreased as the serpentine flow path extends from the bottom edge toward the top edge such that the upper flow path region has a smaller cross-sectional area than cross-sectional areas of the other flow path regions, the another flow path being substantially perpendicular to the top edge and having a smaller cross- sectional area than the cross-sectional areas of the other flow path regions; and 7 Appeal 2015-005872 Application 12/165,100 the another flow path extending from the serpentine flow path to an outlet aperture such that air bubbles in fluid entering the inlet aperture are urged upwardly through the serpentine flow path and accelerated through the another flow path to exit the outer housing at the outlet aperture, wherein a thickness of the first side wall is substantially equal to a thickness of the second side wall, and portions of the second side wall are wrapped around outer ends of the first side wall. Appeal Br. 22—23 (emphasis added). OPINION The Examiner relies upon Weber for its teaching of a battery cell assembly including a battery cell and a heat exchanger. Final 3^4. As acknowledged by the Examiner, Weber does not teach wrapping portions of the side walls of the first plate of the heat exchanger around the ends of the second side wall. Final 4. The Examiner finds Ouchi “teaches an outlet extension portion and an inlet extension portion extending outwardly from with outlet and inlet tubes disposed in them (31,36 and 37, please see US 4825941 incorporated in OUCHI for details).†Id. There are two key problems with the Examiner’s rejection. First, the Examiner appears to assume that the plates Pi and P2 of the heat exchanger tube 21 Ouchi discloses in the third embodiment, shown in Figures 9—12, are secured on all four sides. Second, the Examiner has not established that Ouchi teaches or suggests this tube 21 of Ouchi includes an inlet extension portion extending outwardly from its first side edge and an inlet tube having a portion disposed within that inlet extension portion as required by the claims. First, the flattened tubes 21 of Ouchi do not have “first, second, third, and fourth portions of the first side wall. . . wrapped around first, second, 8 Appeal 2015-005872 Application 12/165,100 third and fourth ends, respectively, of the second side wall†as required by Appellants’ claims. Ouchi forms flattened tubes that are open on two ends. Only two sides are secured. This is most clearly shown in Ouchi Figure 9, which is a perspective view and shows one of the open ends. Although, as found by the Examiner, Ouchi Figure 10 shows plate Pi wrapped around plate P2, only two sides are so wrapped, not four. Ouchi desires to leave the ends open because the flattened tube is intended to replace flat tube 33 shown in Figure 14, which depicts the tube of the prior art. Ouchi col. 1,11. 22-41; col. 2,11. 28—35. As shown in Figure 13, another prior art figure, the tube fits into the header 31 having inlet 36. Ouchi col. 1,11. 22-41. Ouchi Figure 13, reproduced below, shows the connection of the tubes (33 in Fig. 13) to the header 31. 9 Appeal 2015-005872 Application 12/165,100 34 33 Ouchi’s Figure 13 is a front elevation of a heat exchanger Second, the Examiner has not established that Ouchi, or the combination of Weber and Ouchi, suggests forming an inlet extension portion extending outwards from the first side edge of the outer housing (which would correspond to a side edge of Ouchi’s tube 21) or disposing an inlet tube within that inlet extension portion (which would equate to disposing an inlet tube within Ouchi’s tube 21). According to the Examiner, Ouchi “teaches an outlet extension portion and an inlet extension portion extending outwardly from with outlet and inlet tubes disposed in them (31, 36 and 37).†Ans. 9 (citing Figs. 1, 2, and 14 of US 4825941 (Hoshino), a patent Ouchi discloses in the discussion of the prior art heat exchanger). But as argued by Appellants, the Examiner has not established that combining a heat exchanger tube, as taught by Ouchi, with a header, as taught by Hoshino would result in the structure of the claims. 10 Appeal 2015-005872 Application 12/165,100 Ouchi’s heat exchanger tubes 21 do not have inlet extension portions, nor are inlet tubes disposed within any inlet extension within tubes 21. Ouchi instead connects tubes 21 into a header, e.g., header 31 shown in Ouchi Figure 13, which corresponds to header 13 shown in Hoshino Figures 3 and 5. Figure 3 and 5 of Hoshino illustrate the connection most clearly. Hoshino’s Figure 3 is reproduced below. Hoshino’s Figure 3 is a perspective view showing the joint between the header 13 and the tubes 11 Hoshino’s Figure 5 is reproduced below: 1304} Hoshino’s Figure 5 is a cross-sectional view As can be seen from Hoshino’s Figures 3 and 5, the connection of the tubes 11 to the header 13 is made by inserting the tubes into slit 15 within the header 13 and soldering. Hoshino col. 4,11. \—A. Appellants’ claims require “a heat exchanger having an outer housing, the outer housing having a first side wall and a second side wall coupled to 11 Appeal 2015-005872 Application 12/165,100 the first side wall†with the wrapping of four portions around four ends as discussed above and with “the first and second side walls further defining . . . a first side edge†and “an inlet extension portion extending outwardly from the first side edge†of the outer housing, e.g., inlet extension 229 of side edge 225 shown in Appellants’ Figure 7. The claims further require “an inlet tube having a portion disposed within the inlet extension portion†of the outer housing. The claims require the two-walled structure with the four wrapped portions include the inlet extension. It is that structure within which the inlet tube must be disposed. The structure of Ouchi including wrapped portions is tube 21. The Examiner does not identify an inlet extension on Ouchi’s tube 21 within which an inlet tube is disposed. The Examiner’s application of further prior art does not cure the defect. CONCLUSION We do not sustain the Examiner’s rejections. DECISION The Examiner’s decision is reversed. REVERSED 12 Copy with citationCopy as parenthetical citation