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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 29 August 2025 has been entered.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 7-8, 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR20160081394A (using machine English translation provided) in view of Kimoto JP2001110377A (using machine English translation provided; cited in office action mailed 09 December 2024).
Regarding claim 1, Kim discloses a battery module (Kim, [0036-37], Fig. 2), comprising:
at least one cell assembly (Kim, [0005], Fig. 1, assembly 30) including a secondary battery (Kim, [0036], Figs. 1-2, battery 10),
a gas pipe (Kim, Fig. 2, tube 52 and pipe 72) configured to allow produced gas to move (Kim, [0043])
and a module housing (Kim, [0050-0052]) including:
a lower case (Kim, [0050], Fig. 2, lower case 40) having one open side and an internal space in which the at least one cell assembly is received (Kim, [0050], Fig. 2, battery 10, opening 41),
an upper case (Kim, [0050], Fig. 2, upper case 50) coupled to one side of the lower case in a vertical direction to cover the open side of the lower case (Kim, Figs. 2-3, lower case 40, upper case 50)
and having a receiving space in which the gas pipe is received (Kim, Figs. 2-3, upper case 50, tube 52 and pipe 72, space above upper case 50 where the tube 52 and pipe 72 is positioned),
and a connection hole formed in the upper case (Kim, [0051], Fig. 5, gas hole 51) such that the gas pipe and the internal space are in communication with each other (Kim, [0051]),
wherein the gas pipe includes: a first connector extending in the vertical direction (Kim, Figs. 2-3. tube 52), and a first pipe which extends in a horizontal direction (Kim, Figs. 2-3, pipe 72) and has a first end releasably connected with the first connector (Kim, [0053], Figs. 2-3, nut 52a, tube 52, pipe 72),
wherein the first connector is retained in the connection hole (Kim, [0053]). Kim however does not disclose a plurality of secondary batteries.
Kimoto teaches a battery module (Kimoto, [0026], Fig. 1, pack 1) comprising at least one cell assembly including a plurality of secondary batteries (Kimoto, [0026], Fig. 1, unit batteries 2). Therefore it would be obvious to the skilled artisan to modify the secondary battery of Kim with the teaching of Kimoto wherein comprising a plurality of secondary batteries, thereby providing a driving power source for an electric vehicle (Kimoto, [0025]).
Regarding claim 3, modified Kim also teaches wherein the first connector includes: an open insertion hole into which the end of the first pipe is inserted (Kim, [0053], Fig. 2, nut 52a, tube 52, pipe 72) but does not teach a sealing member configured to open the insertion hole when the first pipe is inserted into the insertion hole, and close the insertion hole when the first pipe is not inserted into the insertion hole.
Kimoto teaches wherein the first connector includes: an open insertion hole into which that the end of the pipe is inserted (Kimoto, [0032], Fig. 5, port 14 and tube 17, portion 23) and a sealing member (Kimoto, Figs. 4-5, seal 24) configured to open the insertion hole when the pipe is inserted into the insertion hole, and close the insertion hole when the pipe is not inserted into the insertion hole (Kimoto, [0032], Figs. 4-5, seal 24). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the first connector of modified Kim with the teaching of Kimoto wherein a sealing member configured to open the insertion hole when the first pipe is inserted into the insertion hole, and close the insertion hole when the first pipe is not inserted into the insertion hole, thereby ensuring high sealing performance (Kimoto, [0032]).
Regarding claim 7, Kim as modified by Kimoto above does not teach wherein the gas pipe is configured to have an adjustable length according to gas explosive power of the at least one cell assembly. Kimoto however teaches wherein the gas pipe is configured to have an adjustable length according to gas explosive power of the at least one cell assembly (Kimoto, [0010], [0024]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the gas pipe of modified Kim with the teaching of Kimoto wherein the gas pipe is configured to have an adjustable length according to gas explosive power of the at least one cell assembly, thereby reliably preventing the battery pack from exceeding the explosion limit (Kimoto, [0065]).
Regarding claim 8, Kim as modified above by Kimoto teaches all of the limitations of claim 7 as set forth above but does not teach wherein the gas pipe includes a plurality of interruption protrusions configured to interrupt movement of gas in a movement space in which the gas moves. Kimoto teaches wherein the gas pipe includes a plurality of interruption protrusions (Kimoto, [0037], portions 29) satisfying the functional limitation configured to interrupt movement of gas in a movement space in which the gas moves. See MPEP § 2114. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the gas pipe of modified Kim with the teaching of Kimoto wherein the gas pipe includes a plurality of interruption protrusions configured to interrupt movement of gas in a movement space in which the gas moves, thereby reliably preventing the battery pack from exceeding the explosion limit (Kimoto, [0065]).
Regarding claim 12, modified Kim also teaches wherein the first end of the first pipe connects to a sidewall of the first connector (Kim, Figs. 2-3, nut 52a, tube 52, pipe 72).
Regarding claim 16, modified Kim additionally teaches wherein the connection hole extends in the vertical direction (Kim, Fig. 5, gas hole 51).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR20160081394A (using machine English translation provided) in view of Kimoto JP2001110377A (using machine English translation provided; cited in office action mailed 09 December 2024), as applied to claim 3 above, and further in view of Svoboda US5954345A.
Regarding claim 4, modified Kim does not teach wherein the sealing member includes at least two sealing portions disposed in the insertion hole, wherein the at least two sealing portions are configured to come into contact with each other to close the insertion hole when the first pipe is not inserted into the insertion hole, and wherein the at least two sealing portions are configured to spread apart to open the insertion hole when the end of the first pipe is inserted.
Svoboda teaches wherein the sealing member (Svoboda, col. 3 lines 14-15, Fig. 1, grommet 10) includes at least two sealing portions (Svoboda, Fig. 1, scores 38) disposed in the insertion hole (Svoboda, Fig. 1, hole 12), wherein the at least two sealing portions are configured to come into contact with each other to close the insertion hole when the first pipe is not inserted into the insertion hole (Svoboda, col. 1 lines 52-54), and wherein the at least two sealing portions are configured to spread apart to open the insertion hole when the end of the first pipe is inserted (Svoboda, col. 1 lines 49-51).
Svoboda is considered analogous art as it seeks to solve the same problem of preventing fluid leaks between the insertion hole and the end of the pipe (Svoboda, col. 1 lines 47-54; Instant [0066]) and is easy to use and cost-effective to manufacture (Svoboda, col. 1 lines 55-56; Instant [0081]).
Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the sealing member of modified Kim with the teaching of Svoboda wherein the sealing member includes at least two sealing portions disposed in the insertion hole, wherein the at least two sealing portions are configured to come into contact with each other to close the insertion hole when the first pipe is not inserted into the insertion hole, and wherein the at least two sealing portions are configured to spread apart to open the insertion hole when the end of the first pipe is inserted thereby preventing fluid leaks between the insertion hole and the end of the pipe (Svoboda, col. 1 lines 47-54; Instant [0066]) and is easy to use and cost-effective to manufacture (Svoboda, col. 1 lines 55-56; Instant [0081]).
Claim(s) 5 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR20160081394A (using machine English translation provided) in view of Kimoto JP2001110377A (using machine English translation provided; cited in office action mailed 09 December 2024), as applied to claim 1 above, and further in view of Iwatsuki US5643691A (cited in IDS filed 22 November 2023).
Regarding claim 5, modified Kim teaches wherein the upper case has one open side of the receiving space (Kim, Figs. 2-3, upper case 50, space above upper case 50 where the tube 52 and pipe 72 is positioned with at least one open side) but does not teach wherein the battery module further comprises: a top plate coupled with the upper case to cover the open side of the receiving space of the upper case, and having an outlet connected with the other end of the gas pipe to release gas to outside.
Iwatsuki teaches wherein the battery module further comprises: a top plate (Iwatsuki, Fig. 2, lid 18) coupled with the upper case to cover the open side of the receiving space of the upper case (Iwatsuki, col. 3 lines 56-61, Fig. 2, heads 5), and having an outlet (Iwatsuki, Fig. 2, recesses 18a) connected with the other end of the gas pipe to release gas to outside (Iwatsuki, col. 4 lines 15-22, Fig. 2, pipes 21-24, ends 21a-24a, discharge unit 30). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery module of modified Kim with the teaching of Iwatsuki wherein the battery module further comprises: a top plate coupled with the upper case to cover the open side of the receiving space of the upper case, and having an outlet connected with the other end of the gas pipe to release gas to outside, thereby discharging a gas from batteries through discharge pipes (Iwatsuki, col. 1 lines 41-42).
Regarding claim 13, modified Kim does not teach wherein a second end of the first pipe releasably connects to a sidewall of a second connector.
Iwatsuki teaches wherein a second end of the first pipe (Iwatsuki, Fig. 1, pipe 21) releasably connects to a sidewall of a second connector (Iwatsuki, col. 3 lines 31-45, Fig. 1, port 2). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery module of modified Kim with the teaching of Iwatsuki wherein a second end of the first pipe releasably connects to a sidewall of a second connector, thereby discharging a gas from batteries through discharge pipes (Iwatsuki, col. 1 lines 41-42).
Regarding claim 14, modified Kim does not teach further comprising a second pipe connected to the first connector.
Iwatsuki teaches further comprising a second pipe (Iwatsuki, Fig. 1, pipe 26) connected to the first connector (Iwatsuki, Fig. 1, port 2). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery module of modified Kim with the teaching of Iwatsuki wherein further comprising a second pipe connected to the first connector, thereby discharging a gas from batteries through discharge pipes (Iwatsuki, col. 1 lines 48-50).
Regarding claim 15, Kim as modified by Iwatsuki above does not teach wherein the second pipe is perpendicular to the first pipe. Iwatsuki teaches wherein the second pipe (Iwatsuki, Fig. 2, pipe 26) is perpendicular to the first pipe (Iwatsuki, Fig. 2, pipe 21). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery module of modified Kim with the teaching of Iwatsuki wherein the second pipe is perpendicular to the first pipe, thereby discharging a gas from batteries through discharge pipes (Iwatsuki, col. 1 lines 48-50).
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR20160081394A (using machine English translation provided) in view of Kimoto JP2001110377A (using machine English translation provided; cited in office action mailed 09 December 2024) and Iwatsuki US5643691A, as applied to claim 5 above, and further in view of Bae US20160322617A1.
Regarding claim 6, modified Kim does not explicitly teach wherein the upper case includes a first fixing groove recessed in an inward direction, into which one end of first connector in the vertical direction is inserted, and the top plate includes a second fixing groove recessed in the inward direction, into which a second end of the first connector in the vertical direction is inserted.
Bae teaches wherein an end of a connector in the vertical direction (Bae, Fig. 4, gas conduit P1) is inserted into a fixing groove in an inward direction (Bae, Fig. 4, groove 158). Therefore it would be obvious to the skilled artisan to modify the upper case and top plate of modified Kim with the teaching of Bae wherein the upper case includes a first fixing groove recessed in an inward direction, into which one end of first connector in the vertical direction is inserted, and the top plate includes a second fixing groove recessed in the inward direction, into which a second end of the first connector in the vertical direction is inserted, thereby having an improved gas discharge and injection structure (Bae, [0078]).
Regarding claim 11, modified Kim does not teach wherein the upper case has a first fixing groove recessed in an inward direction into which a first end of the first connector is inserted in a vertical direction.
Bae teaches wherein the upper case (Bae, Fig. 4, case 111) has a first fixing groove recessed in an inward direction (Bae, Fig. 4, groove 158) into which a first end of the first connector (Bae, Fig. 4, gas conduit P1) is inserted in a vertical direction (Bae, Fig. 4). Therefore it would be obvious to the skilled artisan to modify the upper case of modified Kim with the teaching of Bae wherein the upper case has a first fixing groove recessed in an inward direction into which a first end of the first connector is inserted in a vertical direction, thereby having an improved gas discharge and injection structure (Bae, [0078]).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimoto US6278259B1 (hereafter referred to as Kimoto-B1) in view of Kim KR20160081394A (using machine English translation provided) and Kimoto JP2001110377A (using machine English translation provided; cited in office action mailed 09 December 2024)
Regarding claim 9, Kimoto-B1 discloses a battery pack comprising at least one battery module (Kimoto-B1, col. 1 line 66 – col. 2 line 2), but does not teach at least one battery module according to claim 1.
Kim teaches a battery module (Kim, [0036-37], Fig. 2), comprising: at least one cell assembly (Kim, [0005], Fig. 1, assembly 30) including a secondary battery (Kim, [0036], Figs. 1-2, battery 10), a gas pipe (Kim, Fig. 2, tube 52 and pipe 72) configured to allow produced gas to move (Kim, [0043]) and a module housing (Kim, [0050-0052]) including: a lower case (Kim, [0050], Fig. 2, lower case 40) having one open side and an internal space in which the at least one cell assembly is received (Kim, [0050], Fig. 2, battery 10, opening 41), an upper case (Kim, [0050], Fig. 2, upper case 50) coupled to one side of the lower case in a vertical direction to cover the open side of the lower case (Kim, Figs. 2-3, lower case 40, upper case 50) and having a receiving space in which the gas pipe is received (Kim, Figs. 2-3, upper case 50, tube 52 and pipe 72, space above upper case 50 where the tube 52 and pipe 72 is positioned), and a connection hole formed in the upper case (Kim, [0051], Fig. 5, gas hole 51) such that the gas pipe and the internal space are in communication with each other (Kim, [0051]), wherein the gas pipe includes: a first connector extending in the vertical direction (Kim, Figs. 2-3. tube 52), and a first pipe which extends in a horizontal direction (Kim, Figs. 2-3, pipe 72) and has a first end releasably connected with the first connector (Kim, [0053], Figs. 2-3, nut 52a, tube 52, pipe 72), wherein the first connector is retained in the connection hole (Kim, [0053]).
Therefore it would be obvious to the skilled artisan to modify the battery module of Kimoto-B1 with the teaching of Kim wherein comprising: at least one cell assembly including a secondary battery, a gas pipe configured to allow produced gas to move, and a module housing including: a lower case having one open side and an internal space in which the at least one cell assembly is received, an upper case coupled to one side of the lower case in a vertical direction to cover the open side of the lower case and having a receiving space in which the gas pipe is received, and a connection hole formed in the upper case such that the gas pipe and the internal space are in communication with each other, wherein the gas pipe includes: a first connector extending in the vertical direction, and a first pipe which extends in a horizontal direction and has a first end releasably connected with the first connector, wherein the first connector is retained in the connection hole, thereby improving portability (Kim, [0043]). Modified Kimoto-B1 however does not disclose a plurality of secondary batteries.
Kimoto teaches a battery module (Kimoto, [0026], Fig. 1, pack 1) comprising at least one cell assembly including a plurality of secondary batteries (Kimoto, [0026], Fig. 1, unit batteries 2). Therefore it would be obvious to the skilled artisan to modify the secondary battery of Kimoto-B1 as modified above by Kim with the teaching of Kimoto wherein comprising a plurality of secondary batteries, thereby providing a driving power source for an electric vehicle (Kimoto, [0025]).
Regarding claim 10, Modified Kimoto-B1 further teaches a vehicle (Kimoto-B1, col. 3 lines 11-14) comprising at least one battery pack (Kimoto-B1, col. 1 line 66 – col. 2 line 2) according to claim 9 (see claim 9 above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shukutani JP2002008603A (discloses a gas evacuating system comprising recessed grooves, connectors, pipes and other similarly claimed structures for a battery module for use in a vehicle).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723