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 11/3/2025 includes claim amendments and arguments regarding the prior rejection. Applicant’s amendments have resolved the one of the two objections to Claim 1 set forth in the previous action. Applicant’s amendments also include new Claims 12-14.
Applicant’s arguments have been fully considered but they are not persuasive. Applicant argues “the upper (60) and base plates (40) of Yeh contain air flow holes to exhaust gas, whereas the caps 5 of the present invention are sealed on the sides to control the flow of gas to be exhausted at a particular point.” Applicant’s Fig. 5 shows the caps 5 (the “heat-resistant cap” of Claim 1) at each end of the battery holder:
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17/630,745 – Fig. 5
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., more than one cap, each cap is sealed on the sides and controls the flow of gas) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1 only requires “a heat-resistant cap coupled to the core pack,” and “the heat-resistant cap is coupled to the first end of the core pack, the heat-resistant cap includes: a closing plate portion facing an end surface of the each of the plurality of battery blocks; and a peripheral wall portion connected to a periphery of the closing plate portion and an outer peripheral surface of the each of the plurality of battery blocks.” These limitations are met by the cover plate 60 of Yeh.
Regarding the heat-resistant cap, Examiner notes a significant unclaimed difference between the structure of the claimed invention and the structure of Yeh/modified Yeh. The battery pack of the instant invention comprises two heat resistant caps (element 5 in Fig. 2) and two closing plates (element 5X in Fig. 2), but the claimed invention only recites one of each, at the first end of the core pack:
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17/630,745 – Annotated Fig. 2
Each closing plate of the instant invention directs the flow of exhaust gas through the battery pack. The exhaust gas of the instant invention takes two 180º “turns” before exiting the battery pack at the first end of the core pack. The instant invention currently claims the exhaust gas is discharged “to an outside of the exterior case,” but does not claim the exhaust gas is discharged at the first end of the core pack. The battery pack of Yeh (and modified Yeh) does not comprise a second closing plate which directs the exhaust gas to exit the battery pack at the first end of the core pack.
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17/630,745 – Annotated Fig. 2
Applicant also argues impermissible hindsight is used to modify the primary reference. Applicant refers to the upper (60) and base plates (40) of Yeh and states “The Examiner has taken the position that it would be obvious to fully enclose them based on Itoh.” Applicant states this modification is done in hindsight and goes against Yeh’s design of venting the battery gas.
Itoh was relied upon to teach the limitation “the battery pack has an exterior case accommodating the core pack, wherein the exterior case has an exhaust portion through which exhaust gas discharged from the discharge valve to an outside of the exterior case.” Examiner does not modify Yeh by enclosing the entire core pack in the exterior case, as Yeh and Itoh both teach venting battery gas to an area outside of the core pack. Itoh teaches enclosing one end of the battery pack (battery gas internal space 271, Fig. 8) to allow for a pressure differential in the pack, which promotes movement of the gas through the vent path 221 to an outside of the exterior case ([0026-0040]).
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Itoi – Fig. 8
Claim Objections
Claim 1 is objected to because of the following informalities:
Please amend “an exhaust portion through which exhaust gas discharged from” on line 9 of the claim to “an exhaust portion through which exhaust gas is discharged from.”
Please review and amend “the discharge valve is disposed is arranged at a first end of the core pack” on line 15 of the claim. Examiner recommends deleting “is disposed” or “is arranged” to overcome the objection.
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, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yeh, US 20190140233 A1, and further in view of Naito et al., JP 3627584 B2 and Itoi et al., WO 2013001585 A1.
Regarding Claim 1, Yeh discloses a battery pack (Fig. 6) comprising:
a plurality of battery blocks (batteries 10 stacked on one another [0020], three blocks shown in Fig. 6), each of the plurality of battery blocks including a plurality of battery cells (plurality of battery cells 12 [0013], Fig. 1) and a battery holder positioning the plurality of battery cells at predetermined positions (insulation layer 20 [0021-0024], Figs. 4-6),
a core pack including the plurality of battery blocks coupled to one another in an axial direction of the plurality of battery cells ([0018], Fig. 6 shows a core pack of three stacked battery blocks),
a heat-resistant cap coupled to the core pack (cover plates 60 on opposite sides of battery cell [0021-0022], Fig. 6)
the each of the plurality of battery blocks (10) has an exhaust passage passing through the battery holder and extending between the plurality of battery cells in a longitudinal direction of the plurality of battery cells (plurality of air holes 24 [0015], Figs. 2, 4)
the battery holder includes a plurality of holding tubes holding the plurality of battery cells (battery holes 22 are used for disposing the battery cells 12 therein, and a side 122 of each battery cell 12 is sleeved in the fireproof thermal insulation layer 20 [0013, 0023], Figs. 2, 4), the battery holder includes a demarcation wall with a cross shape (see “cross shape” in every 2x2 section of battery holder, Annotated Fig. 2), the plurality of battery cells comprise four battery cells which are cylindrical batteries arranged in two rows and two stages (see 2x2 section of battery holder, Annotated Fig. 2),
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Yeh – Annotated Fig. 2
the demarcation wall is provided between the plurality of holding tubes arranged vertically and horizontally and constitutes the exhaust passage at a center of the demarcation wall (air holes 24 vertically penetrating the fireproof thermal insulation layer 20 [0013-0015], Figs. 4-6), and
the core pack includes a partition wall provided between battery blocks coupled to one another (supporting base 40 [0018-0021]), the partition wall insulating opposing battery cells out of the plurality of battery cells from each other (supporting base 40 can be made of a thermal insulation layer [0019]), the partition wall has a through-hole provided therein (through holes 44 [0019]), the through-hole opening at a position facing the exhaust passage provided in the battery holder (through holes 44 continue the path of the air holes 24 for venting hot air and exhaust [0019]), the exhaust passage provided in the each of the plurality of battery blocks (24) and the through-hole provided in the partition wall (44) are arranged on a straight line and form an exhaust duct for the exhaust gas in the core pack while the plurality of battery blocks are coupled to one another ([0019]), the heat-resistant cap (60) is coupled to the first end of the core pack ([0021], Fig. 6),
the heat-resistant cap (60) includes: a closing plate portion facing an end surface of the each of the plurality of battery blocks (closed ends of cover plate 60 [0022] Figs. 4-6); and a peripheral wall portion connected to a periphery of the closing plate portion and an outer peripheral surface of the each of the plurality of battery blocks (remaining portions cover plate 60, Figs. 4-6).
Regarding the limitation “a cross section of the exhaust passage has a rectangular shape, and four corners of the rectangular shape of the exhaust passage are close to the plurality of holding tubes of the battery holder,” Yeh discloses the exhaust passage is circular and positioned close to the plurality of holding tubes of the battery holder (air holes 24 and the battery holes 22 are arranged in the tightest configuration [0015], Fig. 2). However, Naito discloses a battery gas vent hole may be rectangular (3a, Fig. 2), oblong (3b, Fig. 4), or circular (3c, Fig. 5), and further discloses the three shapes are substantially similar for venting battery gas ([0016-0017]).
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Naito – Figs. 2, 4, and 5
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the current invention to modify exhaust passage of Yeh to have a rectangular shape cross-section, as such modification would involve a mere change in configuration, and Naito discloses equivalency between a circular and rectangular exhaust passage.
It has been held that a change in configuration of shape of a device is obvious, absent persuasive evidence that a particular configuration is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Although modified Yeh discloses the battery blocks are designed to manage thermal runaway in batteries (Yeh, [0004]), modified Yeh does not disclose each of the battery cells include a discharge valve configured to open when an internal pressure of the each of the battery cells exceeds a predetermined pressure. However, this limitation is disclosed by Itoi.
Itoi discloses a cylindrical battery cell includes a discharge valve (battery cell 100 and valve body 14 [0011, 0020-0022], Fig. 1) configured to open when an internal pressure of the battery cell exceeds a predetermined pressure ([0022]). Itoi discloses the discharge valve (14) allows gas inside the cell to be discharged to the outside of the cell through an open portion 8a of the terminal plate 8 ([0022]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a discharge valve configured to open when an internal pressure of the cell exceeds a predetermined pressure, as disclosed by Itoi, to each battery cell of modified Yeh, in order to relieve the pressure inside the battery and vent any built up gas.
Modified Yeh does not disclose the battery pack has an exterior case accommodating the core pack, wherein the exterior case has an exhaust portion through which exhaust gas discharged from the discharge valve to an outside of the exterior case. However, this limitation is also disclosed by Itoi.
Itoi discloses an exterior case accommodates and covers a plurality of cylindrical cells (side holders 250 and 260, connector 240 [0032-0033], Fig. 8), and the exterior case has an exhaust portion through which exhaust gas is discharged from the discharge valve to an outside of the exterior case (gas is exhausted through the vent path 221 to the outside through the through-hole 243 [0036-0038], Fig. 8). Itoi discloses fully enclosing the battery gas internal space 271 allows for a pressure differential to promote movement of the battery gas ([0037-0038]), and the vent path 221 cools the battery gas as it travels to an outside of the exterior case ([0026-0040]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add an exterior case accommodating the core pack, wherein the exterior case has an exhaust portion through which exhaust gas discharged from the discharge valve to an outside of the exterior case, as disclosed by Itoi, to the battery pack of modified Yeh, in order to cover the plurality of cells and facilitate a vent path for the battery gas.
Additionally, before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the closing plate portion (Yeh, closed ends of cover plate 60) at the first end of the core pack to create a fully enclosed area, as disclosed by Itoi, in the battery pack of modified Yeh, in order to create a pressure differential to facilitate a venting and cooling path through the exhaust passages (Yeh, air holes 24) for the battery gas.
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Itoi – Fig. 8
Modified Yeh teaches a valve-side end surface of the each of the plurality of battery cells at which the discharge valve is disposed/is arranged (see Claim Objections Section) at a first end of the core pack (Annotated Yeh Fig. 6):
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Modified Yeh – Yeh Annotated Fig. 6
Modified Yeh teaches the exterior case is configured to cause the exhaust gas discharged from the valve-side end surface arranged at the first end of the core pack (Annotated Yeh Fig. 6);
to collide with the closing plate portion at the first end of the core pack (Yeh, closed ends of cover plate 60 guide gas from battery [0022], cover plate 60 modified by Itoi to fully enclose first end of core pack) then;
to pass between the plurality of battery cells through the exhaust passage (Yeh, plurality of air holes 24) and the through-hole provided in the partition wall (Yeh, through holes 44),
and then; to be discharged from the exhaust portion to an outside of the exterior case (Itoi, gas is vented to the outside through the through-hole 243 [0036-0038]).
Regarding Claim 3, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the heat-resistant cap is made of reinforced plastic containing resin and inorganic material embedded in the resin for reinforcement of the resin (Yeh, insulation layer 20 may be a composite of glass fiber, inorganic fillers and an unsaturated resin [0016]; cover plate 60 can be made of same material as insulation layer 20 [0022]).
Regarding Claim 10, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the plurality of battery cells comprises a plurality of cylindrical batteries having respective end surfaces arranged on a same plane (Yeh, battery cells in each sub-battery 14 either have all positive terminals 124 facing upwards, or all negative terminals 126 facing upwards [0014]), and the plurality of cylindrical batteries are arranged in the battery holder in parallel to one another to constitute the each of the plurality of battery blocks (Yeh Figs. 4-6).
Regarding Claim 11, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the plurality of battery cells are lithium ion batteries (Itoi, cylindrical lithium ion secondary batteries [0019]).
Regarding Claim 12, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the exterior case is configured to cause the exhaust gas collided with the closing plate portion (see Claim 1 for Yeh’s modified cover plate 60 and exterior case of Itoi) to bypass between the plurality of battery cells through the exhaust passage passing through the battery holder (Yeh, plurality of air holes 24, see Claim 1) and the through-hole provided in the partition wall (Yeh, through holes 44 continue the path of the air holes 24 for venting hot air and exhaust [0019]), and then discharged to an outside of the exterior case from the exhaust portion provided close to the first end of the core pack (Itoi, gas is exhausted through the vent path 221 to the outside through the through-hole 243 [0036-0038]; battery gas flows from internal space 271 to vent path 221 at a location “close to the first end” and then to the through-hole 243, Annotated Figs. 6 and 8).
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Yeh – Annotated Fig. 6 (left) and Itoi – Annotated Fig. 8 (right)
Regarding Claim 13, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the exterior case is configured to cause the exhaust gas bypassed through the exhaust duct formed by the exhaust passage and the through-hole to be discharged to an outside of the exterior case (Itoi, gas is exhausted through the vent path 221 to the outside through the through-hole 243 [0036-0038]) from the exhaust portion along the longitudinal direction of the plurality of battery cells coupled to one another in the axial direction of the plurality of battery cells (vent path for the battery pack of modified Yeh is in the longitudinal direction of the plurality of battery cells).
Regarding Claim 14, modified Yeh discloses all limitations as set forth above. Modified Yeh discloses the exterior case is configured to cause the exhaust gas bypassed through the exhaust duct formed by the exhaust passage and the through-hole to be discharged to an outside of the exterior case (Itoi, gas is exhausted through the vent path 221 to the outside through the through-hole 243 [0036-0038]) from the exhaust portion along the longitudinal direction of the plurality of battery cells coupled to one another in the axial direction of the plurality of battery cells (vent path for the battery pack of modified Yeh is in the longitudinal direction of the plurality of battery cells).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Yeh as applied to Claim 1 above, and further in view of Yasui et al., US 20110212348 A1.
Regarding Claims 7 and 8, modified Yeh discloses all limitations as set forth above. Modified Yeh does not disclose “the exterior case includes a surface plate portion facing the core pack, the surface plate portion providing an expansion gap for the exhaust gas between the surface plate portion and the core pack, and the exterior case is configured to cause the exhaust gas passing through the exhaust duct to pass through the expansion gap and to be discharged from the exhaust portion to an outside of the exterior case” (Claim 7). Modified Yeh also does not disclose “the exhaust portion is provided at the surface plate portion at an end of the exterior case facing the first end of the core pack” (Claim 8). However, these limitations are taught by Yasui.
Yasui teaches an exterior case for a cylindrical cell battery group, wherein the exterior case (housing 50 and lid body 20 [0063], Fig. 4A) includes a surface plate portion facing the core pack (lid body 20 faces battery unit 40 [0064, 0072-0075]), the surface plate portion providing an expansion gap for the exhaust gas between the surface plate portion and the core pack (exhaust chamber 24 for emitted battery gas 45 [0074-0075]), and the exterior case is configured to cause the exhaust gas (45) passing through an exhaust duct (gap 36A [0074)) to pass through the expansion gap (24) and to be discharged from an exhaust portion to an outside of the exterior case ([0075]). Yasui also teaches the exhaust portion (26) is provided at the surface plate portion (20) at an end of the exterior case facing the first end of the core pack (Fig. 4A). Yasui discloses the enclosure-style surface plate portion (20) limits the amount of oxygen in the gap 36A, which reduces the likelihood of ignition and smoke when the battery gas 45 is present ([0077-0078]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a surface plate portion and expansion gap to face the first end of the core pack, as disclosed by Yasui, to the battery pack exterior case of modified Yeh, in order to limit the amount of oxygen present in the battery venting area.
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Yasui – Fig. 4A
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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