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 .
Claim Status
Claims 2, 4, 6, 7, 9 and 10 have been canceled.
Claims 1 and 5 have been amended; support for the amendment can be found in Fig. 1 of the original specification.
Claims 1, 3, 5, 8 and 11 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 08/05/2025 have been fully considered but they are not persuasive.
Applicant argues that Kubota fails to teach “a protruded part having a shape extending below the lower surface of the battery module frame from a bottom of the one of the end plate” and “a thickness of a thermal conductive resin layer being the same as a thickness of a protruded part that extends below the bottom of one of the end plates”(pg. 6, para. 3). This argument is not found persuasive because a new grounds of rejection has been made in view of Kim and Kubota. The examiner notes that the limitation “a bottom of one of the end plates” may be broadly interpreted as any portion of a bottom portion of the end plate as taught by Kubota below and is not specifically directed to a bottom surface as applicant seems to intend. Likewise, the limitation “protruded part” may be broadly interpreted to mean a portion of the end plate that protrudes beyond the lower surface of the battery module frame as taught by Kubota below and is not specifically directed to a part that protrudes from a surface of the end plate as applicant seems to intend.
Thus, the new grounds of rejection (see Kubota’s disclosure below) discloses a protruded part (annotated Fig. 5; element P) having a shape (annotated Fig. 5; shape of P) extending below a lower surface (annotated Fig. 5; element L) of the battery module frame (20e, 30, 70) from a bottom (annotated Fig. 1; B; where B indicates the boundary of the bottom half of 30) of the one (one of 30) of the end plates (30) toward the battery pack frame (60) and contacting (Fig. 5) the battery pack frame (60),
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wherein the battery pack frame (60) has a coupling hole (Fig. 1; element 61) underlying the protruded part (P) and wherein a thickness (Fig. 5; G) of a thermal conductive layer (Fig. 5; element 50) is the same (Fig. 5) as a thickness (annotated Fig. 5; height of P) of the protruded part (P) that extends below the bottom (B) of the one (one of 30) of the end plates (30).
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Applicant argues that Kubota does not have a battery module frame as defined in claim 1 (see pg. 6, para. 3). This arguments is not found persuasive because Kubota is not relied on to teach a battery module frame as claimed in claim 1; Kim is relied on to teach this limitation.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20180047383A, previously cited, US20180366794A1 used as translation) in view of Kubota (US 20210218082 A1, cited in IDS filed 06/13/2023).
Regarding claim 1, Kim discloses a first embodiment including a battery pack (Fig. 4; elements 300, 401) comprising:
a battery module frame (Fig. 3; element 302; annotated Fig. 4; elements FEP and REP) accommodating a battery cell laminated body (Fig. 3; element 301) therein, the battery module frame (302, FEP, REP) including front and rear end plates (annotated Fig. 4; elements FEP and REP) that cover respective front (annotated Fig. 4; FS) and rear (annotated Fig. 4; RS) surfaces of the battery cell laminated body (301),
the battery module frame (302, REP, FEP) having upper (annotated Fig. 4; US), lower (annotated Fig. 4; BS), left (annotated Fig. 4; LS), and right surfaces (annotated Fig. 4; RS) that together extend completely around (Fig. 4) the battery cell laminated body (301) and that each extend between (Fig. 4) and contact (Fig. 4) the front (FEP) and rear end plates (REP);
a battery pack frame (Fig. 4; element 401) to which the battery module frame (302, FEP, REP) is mounted (Fig. 4), and
a first side of the battery pack frame (Fig. 4; element 401) facing the battery module frame (302) is flat (Fig. 4),
wherein the battery pack frame (401) has a coupling hole (Fig. 5; holes of 401; “CH”) underlying the end plates (REP and FEP).
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The first embodiment of Kim fails to disclose the lower surface of the battery module frame facing and spaced apart from the battery pack frame; a thermal conductive resin layer positioned outside of the battery module frame between the lower surface of the battery module frame and the battery pack frame, wherein one of the end plates includes a protruded part having a shape extending below the lower surface of the battery module frame from a bottom of the one of the end plates toward the battery pack frame and contacting the battery pack frame, the one of the end plates and the protruded part thereof being a single unitary structure, and wherein a thickness of the thermal conductive resin layer is the same as a thickness of the protruded part that extends below the bottom of the one of the end plates.
Kim discloses a second embodiment wherein a lower surface (annotated Fig. 9; BS) of a battery module frame (Fig. 9; element 802) faces and is spaced apart (by 901 of Fig. 9) from a battery pack frame (Fig. 9; element 811); and
a thermal conductive layer (Fig. 9; element 901) is positioned outside of the battery module frame (802) between the lower surface (BS) of the battery module frame (802) and the battery pack frame (811).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first embodiment of Kim by adding the thermal conductive layer of the second embodiment of Kim such that the lower surface of the battery module frame faces and is spaced apart from the battery pack frame; a thermal conductive layer is positioned outside of the battery module frame between the lower surface of the battery module frame and the battery pack frame because in doing so one of ordinary skill in the art would have been combining prior art elements according to known methods to yield predictable results. Further, it would have been obvious to one of ordinary skill in the art to have used a thermal resin as the material of the thermal conductive layer in order to improve heat conductivity and help rapid emission of heat generated within the battery pack as taught by Kim ([0013; [0014]; [0033]).
Kim in view of Kim fails to disclose wherein one of the end plates includes a protruded part having a shape extending below the lower surface of the battery module frame from a bottom of the one of the end plates toward the battery pack frame and contacting the battery pack frame,
and wherein a thickness of the thermal conductive resin layer is the same as a thickness of the protruded part that extends below the bottom of the one of the end plates.
Kubota discloses a battery pack (Fig. 1; element 100) comprising:
a battery module frame (Fig. 1; element 30, 70; Fig. 2; element 20e); and
a battery pack frame (Fig. 5; element 60) to which the battery module frame (20e, 30, 70) is mounted (Fig. 1; element 80 and 61), the battery module frame (20e, 30, 70) including front (Fig. 5; left element 30) and rear end plates (Fig. 5; right element 30), wherein one (Fig. 5; either one of elements 30) of the end plates (30) includes a protruded part (annotated Fig. 5; element P) having a shape (annotated Fig. 5; shape of P) extending below a lower surface (annotated Fig. 5; element L) of the battery module frame (20e, 30, 70) from a bottom (annotated Fig. 1; B; where B indicates the boundary of the bottom half of 30) of the one (one of 30) of the end plates (30) toward the battery pack frame (60) and contacting (Fig. 5) the battery pack frame (60),
wherein the battery pack frame (60) has a coupling hole (Fig. 1; element 61) underlying the protruded part (P) and wherein a thickness (Fig. 5; G) of a thermal conductive layer (Fig. 5; element 50) is the same (Fig. 5) as a thickness (annotated Fig. 5; height of P) of the protruded part (P) that extends below the bottom (B) of the one (one of 30) of the end plates (30).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Kim in view of Kim by adding the protruded part of Kubota to the end plates of Kim in view of Kim such that one of the end plates includes a protruded part having a shape extending below the lower surface of the battery module frame from a bottom of the one of the end plates toward the battery pack frame and contacting the battery pack frame, and a thickness of the thermal conductive resin layer is the same as a thickness of the protruded part that extends below the bottom of the one of the end plates. By performing this modification one of ordinary skill in the art would reasonably expect to cool the battery cell laminated body in a predictable manner by compressing the thermal conductive layer and bringing the entire surface of the lower surface of the battery module pack into contact with the thermal conductive layer as taught by Kubota ([0041]).
Regarding claim 3, Kim in view of Kim and Kubota discloses wherein the protruded part (Kubota P) and the coupling hole (Kim CH) are coupled to each other via a mounting member (Kim Fig. 4; element 501).
Regarding claim 11, Kim in view of Kim and Kubota fails to disclose a device comprising the battery pack of claim 1.
Kim discloses a device ([0008]) comprising a battery pack (“battery”; [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Kim in view of Kim and Kubota by adding the battery pack of Kim in view of Kim and Kubota to the device of Kim such that the device comprised the battery pack of claim 1. In doing so, one of ordinary skill in the art would have been combining familiar elements to achieve predictable results.
Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20180047383A, previously cited, US20180366794A1 used as translation) in view of Kubota (US 20210218082 A1, cited in IDS filed 06/13/2023) as applied to claim 1 above and further in view of Cao (CN-208923207-U, machine translation used for rejection below, cited 08/28/2024).
Regarding claim 5, Kim in view of Kim and Kubota discloses wherein the protruded part (Kubota P) is a first protruded part (Kubota annotated Fig. 5; P), the protruded part (Kubota P) having a through-hole (Kim annotated Fig. 5; one of TH) extending therethrough (Kim Fig. 2), and a mounting member (Kim Fig. 5; element 501) is inserted through the coupling hole (CH) and the through-hole (TH).
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Kim in view of Kim and Kubota fails to disclose the battery module frame having a second protruded part extending from the lower surface of the battery module frame toward the battery pack frame, the second protruded part having a through-hole extending therethrough, the first and second protruded parts being located at opposite ends of the one of the end plates.
Cao discloses a battery pack (Fig. 1) comprising:
a battery module frame (Fig. 3; 21) comprising a protruded part (Fig. 3; 212, 22, where 22 is integrally formed with 212 per [0012] and [0050]), wherein the protruded part (212, 22) is a first protruded part (Fig. 3; left 212, 22), the battery module frame (21) having a second protruded part (Fig. 3; right 212, 22) extending from the lower surface (annotated Fig. 3; LS) of the battery module frame (21), each of the protruded parts (212, 22) having a through-hole (Fig. 3; 211, 221) extending therethrough (Fig. 3), the first (left 212, 22) and second (right 212, 22) protruded parts being located at opposite ends (annotated Fig. 3; OE) of one end plate (Fig. 1; 2).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Kim in view of Kim and Kubota by substituting the protruded part of Kim in view of Kim and Kubota for the protruded part of Cao such that the battery module frame had a second protruded part extending from the lower surface of the battery module frame toward the battery pack frame, each of the protruded parts had a through-hole extending therethrough, the first and second protruded parts being located at opposite ends of the one of the end plates, and a mounting member is inserted through the coupling hole and one of the through-holes. In doing so one of ordinary skill in the art would have reasonably expected to prevent a temperature difference between the battery cells from being too large, which affects the performance of the battery cell as taught by Cao ([006]).
Regarding claim 8, Kim in view of Kim and Kubota fail to disclose wherein the battery module frame further includes an insulating member attached to an end of the protruded part.
Cao discloses a battery pack (Fig. 1) comprising:
a battery module frame (Fig. 3; 21) comprising a protruded part (Fig. 3; 212) and an insulating member (Fig. 3; 22) attached to an end (Fig. 3; bottom surface of 212) of the protruded part (212).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Kim in view of Kim and Kubota by substituting the protruded part of Kim in view of Kim and Kubota for the protruded part and insulating member of Cao such that the battery module frame had an insulating member attached to an end of the protruded part. In doing so one of ordinary skill in the art would have reasonably expected to prevent a temperature difference between the battery cells from being too large, which affects the performance of the battery cell as taught by Cao ([006]).
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 GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723