DETAILED ACTION
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 .
Response to Arguments
Applicant's reply filed 3/20/2026 includes claim amendments and arguments corresponding to the new limitation(s). The 35 USC 112(b) rejections for Claims 1-4 and 7 are withdrawn due to Applicant’s amendments.
Applicant argues the limitations of amended Claim 1 are not taught or suggested by the prior art. Applicant notes the criticality of the placement/position of the heat shielding member during the first and second welding operations. Applicant states when the heat shielding member blocks the interior of the battery module from the inner side of the gap portion, “direct transfer of welding heat to the battery stack cell inside the module can be suppressed, thereby preventing thermal damage to the cell.” Applicant adds “Claim 1 achieves an improvement, not merely on the basis of improved welding quality, but as a welding process incorporating a heat shielding member for protecting the cells inside the battery module.” Applicant has added a new limitation to Claim 1 to state this function of the heat shielding member (“welding by a first laser, the gap portion that is blocked by the heat shielding member from an interior of the battery module”).
The claimed structure is taught by the primary reference relied upon in the previous rejection (Ullmann, US 20180287102 A1). Ullmann teaches “a heat shielding member protruding from the upper portion of the lower housing” as required by Claim 1 (upper section 21 of side wall 19 [0034-0035], Figs. 3 and 5), and a section of Ullmann’s heat shielding member separates an interior of the battery module from a gap portion open to the outside (end section 35 within the upper section 21 [0040]; “the offset 25 is open toward the outside” [0041]). The gap portion is closed via laser welding ([0051-0055]).
Although Ullmann does not specifically disclose the heat shielding member protects the cells within the battery module during welding, Ullmann’s upper section 21 of side wall 19 meets all positively recited limitations of the claimed heat shielding member. The upper section blocks the gap portion from extending to the interior of the battery module It is the Examiner’s position that the heat shielding member of Ullmann, , would also protect the cells during welding. See Examiner’s annotations to instant Fig. 6A and Ullmann Fig. 5.
The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
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Instant Fig. 6A (L) and Ullmann Fig. 5 (R), annotated by Examiner
Claim Rejections - 35 USC § 112(a)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to include the limitation “a heat shielding member assembling operation of coupling the heat shielding member to an upper portion of the lower housing such that the horizontal portion is in surface contact with the upper portion of the lower housing and the vertical portion protrudes upward.” Applicant’s reply filed 3/20/2026 does not state where support for this limitation can be found in the instant disclosure.
While the instant disclosure does teach a manufacturing method ([0033-0047] and Fig. 2), the method of the present invention does not include an operation that couples a surface of the heat shielding member to an upper portion of the lower housing. The instant disclosure states “the heat shielding member T may be formed to protrude from the outer end of the lower housing 200” (see [0046] of the specification, shown below), which suggests the heat shielding member is integral to the lower housing, rather than a separate component that is coupled to an upper portion of the lower housing.
[0046]: Additionally, as shown in FIGS. 6A and 6B, the battery module of the present invention may include a separate heat shielding member T provided on an inner side to which the lower housing 200 and the cover plate 300, the front cover 400, the rear cover 500, etc. are connected. The heat shielding member T may be formed to protrude from the outer end of the lower housing 200 and disposed to be in surface contact with the inner side of the cover plate 300, the front cover 400, and the rear cover 500, etc. When the lower housing 200 and the cover plate 300, the font cover 400, and the rear cover 400 are assembled, the heat shielding member T may serve to prevent the gap portion 600 from communicating with the inside of the module in which the battery stack cell 100 is located and shield heat that occurs during the welding operation, thereby preventing thermal damage to the battery stack cell 100.
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Instant Fig. 2
The instant specification does not disclose the heat shielding member and the lower housing are made from different materials, have different thermal or mechanical properties, or possess any other characteristic(s) to suggest the two components are separately provided. Please identify support for this limitation, or amend Claim 1.
Claims 2-4 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 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.
Claim 1 is indefinite. Claim 1 recites conflicting limitations regarding the relationship between
the heat shielding member and the lower housing:
Lines 8-9 recite “a heat shielding member protruding from the upper portion of the lower housing,” which indicate the heat shielding member and lower housing are integral to each other and correspond to the same structure. This relationship is supported by the instant disclosure (“The heat shielding member T may be formed to protrude from the outer end of the lower housing 200,” see [0046] of the specification).
Lines 9-10 and 17-19 recite “the heat shielding member includes a horizontal portion in surface contact with the upper portion of the lower housing” and “coupling the heat shielding member to an upper portion of the lower housing.” The instant specification does not disclose the heat shielding member and lower housing are separately provided, and then coupled as claimed.
For the purpose of this action, Claim 1 will be interpreted according to [0046] of the instant specification, where the heat shielding member is “formed to protrude” from the lower housing, and the two components correspond to the same structure. Claims 2-4 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ullmann, US 20180287102 A1, and further in view of Lee et al., US 20180138565 A1; Kuryntsev et al., "The effect of laser beam wobbling mode in welding process for structural steels," Int Journ Adv Manuf Tech (2015) 81: pg. 1683–1691; and Agashe, US 20090139966 A1.
Regarding Claim 1, Ullmann discloses a method of manufacturing a battery module (welding method/process [0051, 0054, 0057]) by welding a battery module housing (battery cell housing 15 [0033-0041], Figs. 1-5) including a lower housing accommodating a plurality of batteries (bottom 18 and four side walls 19 accommodate the core material 27; core material 27 is at least one winding body for providing electrical energy of the battery cell [0035-0039, 0057], Figs. 1-5), the lower housing faces a lower portion (bottom 18, Figs. 2-3) and both side surfaces of the plurality of batteries (two opposing side walls 19 [0006, 0034-0039], Fig. 2), a front cover and a rear cover coupled to the front and rear of the lower housing (two opposing side walls 19 [0034-0039], Fig. 2), a cover plate disposed at an upper portion of the plurality of batteries (housing cover 17 [0033, 0057], Figs. 1-5) having a downwardly-depending portion (edge-side strip 41 [0045-0048]) that faces an upper portion of the lower housing with a gap portion to the lower housing (Annotated Fig. 5) and coupled to both edges of the lower housing (welded after housing cover 17 is attached [0051]), and a heat shielding member protruding from the upper portion of the lower housing (upper section 21 of side wall 19 protrudes upward from section 20 [0034-0035]) and wherein the heat shielding member (21) includes a horizontal portion in surface contact with the upper portion of the lower housing (Annotated Fig. 5) and a vertical portion protruding upward from an inner side of the horizontal portion (end section 35 [0040], Annotated Fig. 5), an upper end of the vertical portion (bearing surface 32 [0039-0046]) is in contact with a lower surface of the cover plate (contact surface 39 [0046, 0059], Fig. 3), the gap portion is formed between the downwardly-depending portion (connecting surface 40 of strip 41) and the horizontal portion (connecting surface 33 of upper section 21) due to a height difference between the vertical portion (35) and the downwardly-depending portion (41) (height of vertical portion h3 determines height of end section 35 and offset [0040]).
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Ullmann – Annotated Fig. 3 (left) and Annotated Fig. 5 (right)
Regarding the following limitation “a heat shielding member assembling operation of coupling the heat shielding member to an upper portion of the lower housing such that the horizontal portion is in surface contact with the upper portion of the lower housing and the vertical portion protrudes upward,” Ullmann’s heat shielding member (21) is identified as an integral yet distinct section of the lower housing 19 ([0037-0041]). The only difference between the prior art and the instant invention is whether the heat shielding member and the lower housing are separable. The Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
Ullmann discloses a module case assembling operation of assembling the front cover, the rear cover, and the cover plate to the stack cell-inserted lower housing ([0005-0009, 0056-0057], Figs. 2-3) such that the gap portion is formed between the downwardly-depending portion of the cover plate and the horizontal portion of the heat shielding member (gap between the connecting surface 40 of strip 41 and the connecting surface 33 of upper section 21, Annotated Fig. 5);
a first welding operation of welding by a first laser, the gap portion that is blocked by the heat shielding member from an interior of the battery module in which the battery stack cell is located during the module case assembling operation (laser welding of surfaces 40 and 33 [0023, 0051, 0054-0057], see blocking portion in Annotated Fig. 5).
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Annotated Fig. 5
Ullmann does not disclose the plurality of batteries (secondary cell having at least one winding body [0006, 0036]) is a “battery stack cell formed by stacking a plurality of pouch cells with a protruding electrode tab” as required by Claim 1. However, this limitation is taught by Lee.
Lee teaches a plurality of secondary cells (cell assembly 100) may be a stack of pouch cells with a protruding electrode tab (pouch-type secondary cells 110 with electrode leads [0048-0054], Figs. 1-7), with a lower housing accommodating the battery stack cell to face a lower portion and both side surfaces of the battery stack cell (see 200/500/600 in Figs. 2 and 3). Lee teaches a large number of secondary cells may be electrically connected to increase capacity and output power in medium to large-sized devices, and teaches a preference for pouch-type secondary cells, which are easy to stack ([0006-0007]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use a battery stack cell formed by stacking a plurality of pouch cells with a protruding electrode tab, as taught by Lee, in the battery module housing of Ullmann, as Lee teaches the pouch-type secondary cells are easy to stack and suitable for medium to large sized devices.
Modified Ullmann does not disclose the following limitations:
a second welding operation of welding the gap portion by a second laser different from the first laser used in the first welding operation after the first welding operation;
wherein the second welding operation re-welds the gap portion in which a penetration depth of molten metal is secured in the first welding operation; and
wherein welding in the first welding operation and the second welding operation is wobble welding.
However, Kuryntsev et al. teaches these limitations.
Kuryntsev teaches a welding laser applied to joints of various steel compositions (Section 2, Table 1), wherein the welding laser conducts a first and second welding operation on the steel (after the first weld pass, the robot returned to the starting point of the first pass and began the second pass over the first one, Section 2, Fig. 1, welding parameters shown on Table 2; Sample 1: first and second pass with wobbling laser beam). Kuryntsev teaches a penetration depth of molten metal is secured in the first welding operation (see “first pass weld pools” and weld microstructures, Section 3, Figs. 5 and 6; a weld pool indicates the presence of the claimed “molten metal”). Kuryntsev discloses the first and second welds are performed by a laser with different properties for each pass (Section 2, Table 2 and Fig 1), and during the second wobble welding pass, the weld metal of the first pass is re-melted, in order to remove defects such as undercuts and nonuniformity in first pass weld height (Section 2; meeting the limitation “the second welding operation re-welds the gap portion in which a penetration depth of molten metal is secured in the first welding operation”). Kuryntsev discloses additional advantages to performing a second welding operation include a decrease in microhardness of the cap and middle part of the seam by an annealing effect, less material shrinkage, and greater ductility of the weld metal (Section 4 – Conclusion). Examiner notes Kuryntsev’s teachings are relevant to modified Ullmann, as modified Ullmann discloses the housing cover and lower housing are both made of steel and are laser welded to each other (Ullmann, [0006, 0054-0057]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to utilize a first and second wobble welding operation of welding the gap portion, including using a second laser different from the laser used in the first welding operation, as taught by Kuryntsev, in the method of manufacturing the battery module of modified Ullmann, in order to remove defects, anneal the material, as well as achieve less material shrinkage and greater ductility.
Modified Ullmann also does not disclose “a first laser overlap rate in the first welding operation is lower than a second laser overlap rate in the second welding operation” as required by Claim 1. However, first and second laser overlap rates are taught by Agashe.
Agashe teaches a weld seam is subjected to a first and second weld pass with a seam welder, wherein the second weld pass overlaps the first weld pass, and the second weld pass is used to fuse microcracks, lap openings, and porosity in the seam, to relieve the residual stress in the joint, to temper the martensite phase of the weld nugget formed in the first pass for reducing the brittleness and relieving residual stresses in the joint, and to reduce cycle time ([0034]). Agashe teaches compared to the first weld pass, the welding parameters for the second pass preferably are 100% or greater of the carriage speed relative to the first-pass speed ([0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have a laser overlap rate in the first welding operation lower than a second laser overlap rate in the second welding operation, as taught by Agashe, in the method of manufacturing the battery module of modified Ullmann, in order to further refine or perfect the weld established by the first welding operation.
Regarding Claims 2 and 3, modified Ullmann discloses all limitations as set forth above. Modified Ullmann is limited by not disclosing in the second welding operation, the gap portion is welded with a power lower than a laser power in the first welding operation (Claim 2), and more specifically, the laser power in the second welding operation is 0.25 times to 0.4 times the laser power in the first welding operation (Claim 3). However, in Claim 1, Ullmann’s manufacturing method was modified to include Kuryntsev’s second welding operation. Kuryntsev’s second welding operation teaches the limitations of Claims 2 and 3.
Kuryntsev teaches the second welding operation is performed with a laser having a lower power than the power of the first welding operation (Table 2, Samples 2-5). Kuryntsev also teaches the second welding operations are 0.24 (Sample 2) to 0.44 (Samples 4 and 5) times the laser power in the first welding operation, thus encompassing the claimed range.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) See MPEP § 2144.05.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over modified Ullmann as applied to Claims 1 and 2 above, in further view of Gu et al., US 20160271730 A1 (provided on previous PTO-892).
Regarding Claim 4, modified Ullmann discloses all limitations as set forth above. Although modified Ullmann discloses the second pass of a welding laser with different properties, as well as benefits of the second pass (Kuryntsev Samples 4 and 5), modified Ullmann is limited by not disclosing “a size of the laser spot in the first welding operation is smaller than a size of a laser spot in the second welding operation” as required by Claim 4. However, this limitation is taught by Gu.
Gu teaches a process for laser welding together sheet metal plates, the process including: arranging the sheet metal plates one relative to the other and such that an edge of one of the plates is adjacent to and in contact with an edge of another one of the plates; using a laser beam having a first beam spot size, forming a laser weld joint along the adjacent edges of the sheet metal plates; and an additional weld with a second laser on the weld joint established by the first laser ([0007]). Gu teaches the second beam spot size is larger than the first beam spot size, and during the second weld operation, a powdered anti-corrosion surface layer material is applied on the laser weld joint being irradiated by the laser beam, wherein the powdered anti-corrosion surface layer material is melted by the laser beam and forms a layer adhering to the laser weld joint ([0007]). Gu further teaches since the second laser beam spot size is larger than the first laser beam spot size, the powdered anti-corrosion surface layer material forms an anti-corrosion surface protection layer not only along the weld joint, but also within regions adjacent to the weld joint in which the surrounding materials may have been disrupted ([0037]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a second welding laser beam spot size larger than the first laser welding beam spot size, as taught by Gu, in the method of manufacturing the battery module of modified Ullmann, in order to fully encompass the original weld and the surrounding area with corrosion protection.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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