,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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/11/2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 5/11/2026. Claims 4, 7-10 are canceled. Claims 1-3, 5, 6, 11 are pending. Applicant’s arguments have been considered. Claims 1-3, 5, 6, 11 are non-finally rejected.
Claim Rejections - 35 USC § 112, 1st
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 6, 11 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 recites a sidewall including a fire-resistant member (lines 6 and 7), and the fire-resistant member that tightly fills a space between the external plate and the battery modules (last two lines).
The instant Specification states:
[0062] In an example embodiment, the battery module 100 may have a vent hole 101 opposing a sidewall 210. In an example embodiment, a fire-resistant member 213 may be disposed to oppose the vent hole 101. For example, the vent hole 101 may be open in an X-direction to discharge gas and flame inside the battery module 100 in the X-direction, and the fire-resistant member 213 may be disposed to oppose the battery module 100 in the X-direction.
[0065] In the example embodiment illustrated, the fire-resistant member 213 may be provided in the form of a plate, but this is only an example. In other embodiments, the fire-resistant member 213 may be provided to have various shapes. For example, the fire-resistant member 213 may be provided to fill a periphery of the battery module 100. For example, the rack 200 may include an external plate surrounding the periphery of the battery module 100, and a gypsum board or a thermosetting polymer member may tightly fill a space between the externa plate and the battery module 100.
It is noted that in figure 3, the sidewall 210a includes a fire-resistant member 213 in the form of a plate.
The Specification [0065] states that a plate is only one example. The Specification [0065] states that the gypsum board or a thermosetting polymer member may tightly fill a space when the fire-resistant member has various shapes.
The Specification does not support that the fire-resistant member is included in the sidewall (a plate shape) and tightly fill a space (various shapes).
Applicant is required to cancel the new matter in reply to this Office Action.
Claim 2 is 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.
The Specification, as originally filed, does not support the fire-resistant member to further includes a super-absorbent polymer, as claimed in claim 2 (emphasis added).
The Specification states:
[0010] The fire-resistant member may include a thermosetting polymer member, a gypsum board, or a super-absorbent polymer (emphasis added).
Applicant is required to cancel the new matter in reply to this Office Action.
Claim Rejections - 35 USC § 112, 2nd
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 6, 11 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 recites a sidewall including a fire-resistant member (lines 6 and 7), and the fire-resistant member that tightly fills a space between the external plate and the battery modules (last two lines).
The instant Specification states:
[0062] In an example embodiment, the battery module 100 may have a vent hole 101 opposing a sidewall 210. In an example embodiment, a fire-resistant member 213 may be disposed to oppose the vent hole 101. For example, the vent hole 101 may be open in an X-direction to discharge gas and flame inside the battery module 100 in the X-direction, and the fire-resistant member 213 may be disposed to oppose the battery module 100 in the X-direction.
[0065] In the example embodiment illustrated, the fire-resistant member 213 may be provided in the form of a plate, but this is only an example. In other embodiments, the fire-resistant member 213 may be provided to have various shapes. For example, the fire-resistant member 213 may be provided to fill a periphery of the battery module 100. For example, the rack 200 may include an external plate surrounding the periphery of the battery module 100, and a gypsum board or a thermosetting polymer member may tightly fill a space between the externa plate and the battery module 100.
It is noted that in figure 3, the sidewall 210a includes a fire-resistant member 213 in the form of a plate.
The Specification [0065] states that a plate is only one example. In other embodiments, the Specification [0065] states that the gypsum board or a thermosetting polymer member may tightly fill a space when the fire-resistant member has various shapes.
It is unclear as to how the fire-resistant member is included in the sidewall (plate shape) and tightly fill a space (various shapes).
Clarification is required.
Claim Rejections - 35 USC § 103
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.
As best understood, Claims 1, 3, 5, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2013/0313953) in view of Zhu (CN 112787020, using US 2022/0294048 as translation), Carignan (US 2022/0109210), Narbonne (US 2012/0003508), and Abu-Isa (US 2005/0170238).
Regarding claim 1, Lee discloses an energy storage system comprising: stacked battery modules; and a rack accommodating the battery modules 1, wherein the rack 110 includes a sidewall 113 disposed on one side of the battery modules 1;
wherein the sidewall includes:
a plurality of first frames 111 disposed on opposite sides of the sidewall 113, extending in a direction in which the battery modules are stacked, and
a second frame intersecting the plurality of first frames 120.
The sidewall 113 is positioned externally of an opposing the battery modules 1. See figure 2.
Regarding claim 5, the second frame 120 extending in a direction, perpendicular to the plurality of first frames 111, and the battery modules are loaded in the second frame 120.
Regarding claim 11, a portion or an entirety of the battery modules has a vent hole 230 opposing the sidewall 113.
Regarding claim 1, Lee does not disclose the sidewall includes a fire-resistant member opposing the battery modules. Lee discloses a plurality of first frames, but does not disclose a plurality of first frames disposed on opposite sides of the fire-resistant member. Lee discloses a plurality of first frames disposed on opposite sides of panels. Zhu teaches with the increase of battery energy density, safety risks of traction batteries show a rising trend, and most of these safety risks are caused by thermal runaway of cells. When thermal runaway occurs to a single cell, the temperature rise caused by exothermic chain reaction leads to thermal diffusion, thereby causing the temperature of other cells to be uncontrollable. In addition, a high-temperature gas emitted during thermal runaway of the cell will heat surrounding cells, thereby accelerating the process of thermal diffusion. At present, in the latest safety regulations for batteries for electric vehicles, requirements for thermal diffusion of traction batteries have been added, but a thermal runaway protection structure in the existing battery pack can hardly meet the requirements [0004]. The top assembly 115 may be made of a heat-insulating and fireproof material [0037]. The use of the heat-insulating top cover made of a heat-insulating and fireproof material makes it possible to, when a cell in a module sub-compartment is subjected to thermal runaway, effectively prevent a high-temperature mixture and flame sprayed from the cell from penetrating through the heat-insulating top cover allowing oxygen to enter a diffusion process, while preventing the high-temperature gas from spreading to other modules from above [0037].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add a fireproofing material to the panels of Lee, as taught by Zhu, for the benefit of preventing thermal runaway in the battery modules of Lee.
Regarding claim 3, the fire-resistant member has a thickness of 20 mm or more, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the thickness of the fire-resistance member depending on the desired amount of fire-resistance. Zhu clearly teaches that the fireproof material in the top surface is a result effective variable. It has been held by the courts that discovering an optimum value or workable ranges of a result-effective variable involves only routine skill in the art, and thus not novel. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). See MPEP 2144.05.
Regarding claim 1, at least one of the plurality of first frames is provided in a form of a C-shaped beam, and wherein the fire-resistant member is coupled to the plurality of first frames and one side edge of the fire-resistant member is fitted to the C shaped beam, Lee discloses panels 113 fitted to the first frames 111 and second frames 120. The first frames and the second frames are not C-shaped. Carignan teaches a supporting plate 151 and a lateral thermal insulation panel 142 mounted to a frame 250 via a C-shaped beam. See Carignan figure 4 reproduced below:
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C-shaped beam
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the C-shaped beams of Carignan on Lee’s rack assembly for the benefit of tightly fastening Lee’s panels to the rack assembly.
Regarding claim 1, Lee discloses wherein the rack includes a sidewall disposed on one side of the battery modules, but does not disclose an external plate surrounding a periphery of the battery modules. Regarding claim 1, Cho modified by Zhu discloses a fire-resistant member, but does not disclose the fire-resistant member tightly fills a space between the external plate and the battery modules. Narbonne teaches a battery of lithium electrochemical generators including a casing; a plurality of lithium electrochemical generators housed in the casing, each generator including a container; a rigid, flame-retardant foam with closed porosity formed of an electrically insulating material filling the space between the inner wall of the casing and the free surface of the side wall of the container of each electrochemical generator. See Abstract.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to fill any space between the sidewall and the battery modules of Lee with fire-resistant member, as taught by Narbonne, for the benefit of blocking potential flames.
Regarding claim 1, Lee modified by Zhu, Carignan, Narbonne, and Abu-Isa does not teach the fire-resistant member includes a thermosetting polymer member or a gypsum board. Abu-Isa teaches a battery case is provided that is made of an intumescent flame retardant polymeric composition that provides fire shielding, thermal shielding and a low heat release rate. To that end, a fire resistant additive is blended with a base polymer, which may include many types of thermoplastic and thermoset polymers, to produce a flame retardant polymeric material that is molded into a base portion and a cover portion to form the battery case of the present invention with good physical properties in addition to good flammability performance [0009].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use a thermosetting polymer as Zhu’s and Narbonne’s fire-resistant member, as taught by Abu-Isa, for the benefit of preventing thermal runaway in the battery modules of Lee modified by Zhu.
As best understood, Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2013/0313953) in view of Zhu (CN 112787020, using US 2022/0294048 as translation), Carignan (US 2022/0109210), Narbonne (US 2012/0003508), and Abu-Isa (US 2005/0170238) as applied to claim 1, further in view of Kim (US 5087513).
Lee modified by Zhu, Carignan, Narbonne, and Abu-Isa does not disclose the fire-resistant member to further include a super-absorbent polymer. Kim teaches polybenzimidazole polymer/superabsorbent polymer articles. These articles are prepared by either mixing the superabsorbent polymer particulates with the polybenzimidazole polymer solution during the formation of the polybenzimidazole article, or forming a composite of a polybenzimidazole film or fiber material layer with a superabsorbent polymer particulate containing layer. These polybenzimidazole products, either with the superabsorbent polymer particulates interspersed within their structure of as composites, absorb large amounts of fluid while retaining the flame retardancy and chemical unreactivity of conventional polybenzimidazole materials. See Abstract. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add super-absorbent polymer to the fire-resistant member of Zhu and Narbonne, as taught by Kim for the benefit of absorb large amounts of fluid while retaining the flame retardancy.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2013/0313953) in view of Zhu (CN 112787020, using US 2022/0294048 as translation), Carignan (US 2022/0109210), and Narbonne (US 2012/0003508) as applied to claim 1, further in view of Keith (US 6130381).
Regarding claim 6, Lee modified by Zhu does not teach fire-resistant paint is applied to at least a portion of an external surface of the sidewall. Keith teaches an electronic enclosure coated with a fire retardant paint to prevent the spread of flame through the enclosure. See Abstract. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add a fire retardant paint to the panels of Lee, as taught by Keith, for the benefit of further preventing thermal runaway in the battery modules of Lee.
Response to Arguments
Arguments dated 5/11/2026 are moot because the prior art Choi has been removed from the rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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