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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/23/2026 has been entered.
Claim Status
This Office action is in response to the remarks filed on 2/23/2026.
Claims 1, 3, 6-7, 9, 15-16, and 19 have been amended.
Claims 1, 3-12, and 14-19 are currently pending of which claims 4-5, 17, and 18 are withdrawn as not being elected as current invention.
Claims 2 and 13 are cancelled.
Response to Amendment
Despite the amendment the rejection to the claims is maintained.
Response to Arguments
Applicant's arguments filed 2/23/2026 have been fully considered but they are not persuasive.
Applicant’s argument on page 8 of 11 appears to be based on the orientation of the cell with respect to their location to the ground (i.e. up and down). This argument is not persuasive because the use of batteries (especially in vehicles) is not subject to their orientation with respect to the ground.
Applicant’s argument on the bottom of page 9 of 11 defines a width and thickness direction (please note that color does not scan into the file so the reference to the “blue” arrow in not helpful) but this is also not persuasive when the protective members disclosed by KIM also run along the length of the cells adjacent to and opposite of the terminals.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 8/18/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
It should be noted that a foreign document was included in the file dated 8/18/2025 that was not added to the IDS or translated into English so was not considered or accounted for.
Claim Rejections - 35 USC § 102
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, 6, 8-10, 12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180190952 A1, KIM et al.
Regarding claim 1. KIM discloses in the annotated figures depicted below a battery module (100) comprising:
a cell stack formed by stacking a plurality of pouch-type battery cells (60), each of the plurality of pouch-type battery cells including an electrode accommodation portion (76C-holes[0045]) accommodating an electrode assembly therein,
a sealing portion (58-sealing part) sealing at least a portion of a periphery of the electrode accommodation portion, and electrode leads (53) electrically connected to the electrode assembly [0045];
a module housing (40) accommodating the cell stack therein;
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Figure 1 depicts the leads clearly anticipating connection to a bus bar assembly having at least one conductive bus bar electrically connected to the electrode leads;
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I
Annotated figure 6 in conjunction with annotated figure 2 depicted below discloses at least one sealing protective member is in contact with the first sealing portion, wherein
both surfaces of the first sealing portion in at least one of the plurality of pouch-type battery cells are in contact with adjacent sealing protective members in a thickness direction of each battery cell, the both surfaces facing opposite directions in a thickness direction of each battery cell
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The annotated figure depicted below discloses the sealing portion includes
a first sealing portion formed in a region from which the electrode leads are exposed externally and a second sealing portion formed in a region from which the electrode leads are not exposed externally,
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Annotated figure 6 depicted above disclose that at least one sealing protective member is in contact with the first sealing portion,
wherein both surfaces of the first sealing portion (57) in at least one of the plurality of pouch-type battery cells are in contact with adjacent sealing protective members (76) in a thickness direction of each battery cell, the both surfaces facing opposite directions in a thickness direction of each battery cell, wherein both sides of the at least one sealing protective member are in contact with the first sealing portion of the adjacent battery cells, and wherein
KIM [0031] at least an external surface of the at least one sealing protective member is formed of an insulating material in this case rubber and
wherein the at least one sealing protective member is structured to be inserted into a space between first sealing portions of adjacent battery cells along an up-down direction of the battery cell, the up-down direction of the battery cell being perpendicular to the thickness direction and a width direction of the battery cell.
When the stack disclosed by KIM is oriented where the first sealing portion is “up” the limitations of this claim are anticipated as shown in the annotated figures depicted above.
Regarding claim 6. KIM discloses the battery module of claim 1, wherein the annotated figure depicted below discloses
the at least one sealing protective member (76) includes a body portion (76A) extending in an up-down direction of the battery cell,
a plurality of insertion recesses is formed in an up-down direction of the battery cell from one side of the body portion so that the sealing portion is inserted thereinto, and one side of the body portion is divided by the plurality of insertion portions, and the other side thereof has an integrally connected structure.
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Regarding claim 8: KIM discloses the battery module of claim 1, wherein the at least one sealing protective member (76) includes a contact portion (73B) in contact with the first sealing portion depicted in the annotated figure below, and the contact portion makes contact with the first sealing portion where the electrode leads are exposed externally.
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Regarding claim 9: KIM discloses the battery module of claim 8, wherein in the annotated figure depicted below discloses a height of the contact portion in a cross-section, perpendicular to a width direction of the battery cell, has a value of 50% or greater than an overall height of the first sealing portion and has a value smaller than the overall height of the first sealing portion.
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Regarding claim 10: KIM discloses the battery module of claim 1, wherein the at least one sealing protective member (76) is disposed to be in contact with the sealing portions between the sealing portions of the adjacent battery cells as disclosed in the annotated figure depicted below.
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Regarding claim 12: KIM discloses the battery module of claim 1, wherein the at least one sealing protective member (76) is fit between the sealing portions as depicted in the annotated figure above of adjacent battery cells.
Regarding claim 15. KIM discloses the battery module of claim 1, wherein in the annotated figure depicted below
the at least one sealing protective member (76) includes
a body portion extending in an up-down direction of the battery cell and
a contact portion in contact with the sealing portion from both sides of the body portion in a thickness direction of the battery cell,
the contact portion includes two or more portions spaced apart from each other in a width direction of the battery cell, and
the at least one sealing protective member is in contact with two or more portions of the sealing portion.
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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 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180190952 A1, KIM et al. in view of 20130078487A1 SHIN et al.
Regarding claim 3: KIM discloses the battery module of claim 1.
KIM does not disclose wherein
the at least one first sealing portion is formed on both side portions of the battery cell in a width direction of the battery cell, and
the sealing protective member is positioned on both sides of the battery cell in the width direction of the battery cell.
SHIN [title] discloses A Battery Module Having Sensing Member With Novel Structure where
SHIN discloses in the annotated figure depicted below the at least one first sealing portion is formed on both side portions of the battery cell in a width direction (figure 1, 14a and 14c) , and the sealing protective member is positioned on both sides of the battery cell in the width direction (404).
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It is a common practice and well known in the art at the time of filing to have a sealing portion with electrical leads exposed on both side of a battery cell therefore
It would have been obvious for one of ordinary skill in the art before the effective filing date to have had exposed leads on both side of a battery cell in order to accommodate various modes of service.
Regarding claim 11: KIM discloses the battery module of claim 10.
KIM does not disclose a sealing protective member disposed on the outermost side of the cell stack in a stacked direction of the cell stack, among the sealing protective members, is supported by an internal surface of the bus bar assembly or an internal surface of the module housing.
SHIN discloses in the annotated figure depicted below a sealing protective member (404) disposed on the outermost side of the cell stack in a stacked direction of the cell stack, among the sealing protective members (14a, 14c) , is supported by an internal surface of the bus bar assembly (paragraph 0066 figure 3, 202) or an internal surface of the module housing (404).
SHIN [0078] further discloses “Each of the external input and output terminals 402 of the lower case 400 is fitted in the depressed region 216 of a corresponding one of the input and output terminal connection parts 214, thereby achieving electrical connection between each of the external input and output terminals 402 and a corresponding one of the bus bars 202.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have supported the sealing protective members with the internal surface of the busbar in order to achieve an electrical connection between each of the external input and output terminals
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Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180190952 A1, KIM et al.
Regarding claim 7: KIM discloses the battery module of claim 1, wherein
In the annotated figure depicted below discloses the at least one sealing protective member includes a contact portion (73B) in contact with the first sealing portion,
KIM does not disclose a width of the contact portion along a width direction of the battery cell in a cross-section, perpendicular to the up-down direction of the battery cell, has a value of 3 mm or greater and has a value smaller than a width of the first sealing portion.
KIM discloses all the limitations of claim 1 above as well as the limitation in the annotated figures below.
KIM does not teach 3 mm. The relative size of the battery would determine to one of ordinary skill in the art before the effective filing date to use a size that would be proportional to the rest of the battery. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
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Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180190952 A1, KIM et al. in view of US 20210028517 A1 CHOI et al.
Claim 14: The battery module of claim 1, wherein the cell stack includes a buffer pad disposed between electrode accommodation portions of adjacent battery cells, and the at least one sealing protective member has a thickness corresponding to a distance between the sealing portions of adjacent battery cells.
KIM discloses all the limitation of claim 1 but does not teach a buffer pad or separator between cells.
CHOI teaches the protective sealing members (85) in figure 6 in the rejection below as well as a separator disposed between the cells in paragraph 43 of the specification. Separators between cells is a common practice found in many devices they perform stabilization and as CHOI teaches in paragraph 88, they also function as a way to dissipate heat.
It would have been obvious to one of ordinary skill in the art at the time of filing to use spacers and buffer pads in order to both stabilize the stack and to allow for better heat dissipation.
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Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180190952 A1, KIM et al. in view of US 20220238908 A1, MURATA.
Claim 16: KIM discloses all the limitation of claim 1 as discussed above plus sealing protective member that includes a body portion extending in an up-down direction of the battery cell and a contact portion in contact with the sealing portion from both sides of the body portion in a thickness direction of the battery cell, but
KIM does not teach an insertion member with a rigidity greater than the body portion. MURATA teaches metal objects 22A and 22B of figures 1B and 5B being inserted into hole 23A in object 20A of figures 3 and 5B below. It would have been obvious for one of ordinary skill in the art at the time of the effective filing date to insert a metal rod taught by MURATA into the holes of the protective sealing members used by SHIN in order to increase the rigidity of the stack.
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Regarding claim 19: KIM discloses the battery module of claim 1, wherein the electrode leads have a straight shape with an end not bent, as depicted in the annotated figure below
KIM does not disclose the bus bar assembly and the cell stack relatively move in a width direction of the battery cell so that the bus bar and the electrode leads are coupled to each other.
MURATA teaches in figures 3, and 4 the tabs 10a remain straight and the bus being placed in a width direction as to be coupled to each other being able to relatively move in a width direction. It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize straight leads between the busbar assembly as this is a common practice at the time of filing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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