DETAILED ACTION
Status of the Claims
Applicant’s amendment filed 12 March 2026 is acknowledged. Claim 1 has been amended, and claims 1-13 remain pending.
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 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.
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, 2, 4, 6-10, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2006/0115714; hereinafter “Lee”), in view of Lee et al. (US 2020/0340863; hereinafter “Lee ‘863”) and Lee et al. (CN 104659301 A, hereinafter “Lee ‘301”; using the attached English machine translation)
Regarding claim 1, Lee teaches a system for charging and discharging a battery, the system comprising:
a tray (mount part 32, see Fig. 1; [0050]) configured to accommodate a plurality of battery cells (plurality of unit batteries 11, see Fig. 2; [0044]);
a cooling unit (combination of heat transfer medium supply part 38, and first and second dispersion plates 41 and 42, see Fig. 2; [0082]-[0085]) configured to cool the plurality of battery cells accommodated in the tray (see [0082]-[0090]),
wherein the cooling unit includes an air supply unit (heat transfer medium supply part 38, see Fig. 2; [0081]-[0082]) positioned at an upper portion of the tray (see Fig. 2), and n perforated plates which are positioned on an air flow path of the air supply unit (first and second dispersion plates 41 and 42, see Figs. 2-6; [0082]-[0090]), the perforated plates being arranged in a fixed lamination structure (see Fig. 2 – plate 42 is always above plate 41 so they are considered a fixed lamination structure) outside of the tray (see Fig. 2 – plates 41 and 42 are outside of mount part 32), and
wherein n is an integer equal to or greater than 2 (two plates 41 and 42, see Figs. 2-6).
Lee is silent to a charge and discharge unit configured to be electrically connected to first and second electrode leads of the plurality of battery cells accommodated in the tray, the charge and discharge unit being configured to charge and discharge the plurality of battery cells a predetermined number of times, and wherein two opposing side surfaces of the tray are perforated such that the first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray.
Lee ‘863 teaches a charge and discharge apparatus 300 configured to be electrically connected to first and second electrode leads 20 of the plurality of battery cells 10 accommodated in a tray 30 (see [0091]-[0094]), the charge and discharge unit being configured to charge and discharge the plurality of battery cells (see [0003]) a predetermined number of times (it is the Examiner’s position that it is well known to perform the charge/discharge cycle a predetermined number of times for battery activation), and wherein two opposing side surfaces of the tray are perforated (see Fig. 14 and [0093] - For convenient connection, for example, the tray 30 may have a slot (not shown) where the charge/discharge probe 340 can be inserted and detached on the side in which the electrode leads 20 of the secondary batteries 10 are disposed, but the present disclosure is not limited to the structure of the tray 30 and a particular connection structure of the charge/discharge probe 340). Lee ‘863 teaches that the use of the charge/discharge apparatus 300 makes it possible to measure the temperature of each secondary battery 10 through the temperature measurement device T1 while charging/discharging the secondary batteries 10 within the tray 30. It is possible to calculate a temperature deviation between the secondary batteries 10, so when calculating the capacity, the temperature deviation may be taken into account. Because the temperature is measured by the unit of secondary battery 10, not by the unit of tray 30, accuracy of temperature correction in the capacity test is improved (see [0094]).
In view of Lee ‘863’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Lee to include a charge and discharge unit configured to be electrically connected to first and second electrode leads of the plurality of battery cells accommodated in the tray, the charge and discharge unit being configured to charge and discharge the plurality of battery cells a predetermined number of times, and wherein two opposing side surfaces of the tray are perforated because it is a known structure for a charge/discharge apparatus used to activate batteries after assembly and it can help to improve accuracy of temperature correction in the capacity test.
The combination of Lee and Lee ‘863 teaches wherein two opposing side surfaces of the tray are perforated (see Fig. 14 and [0093]), but is silent to wherein first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray.
Lee ‘301 teaches it is known for electrode terminals 31 of battery cells 30 to protrude through a tray 20 so that a charge and discharge process can be performed (see Figs. 5A, 5B, and 6; [0048]).
In view of Lee ‘301’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of the combination of Lee and Lee ‘863 to include wherein first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray in order to perform a charge and discharge process. Furthermore, the substitution of a known element (the leads of the combination of Lee and Lee ‘863 not passing through the perforations of the tray) for another known element (the leads of Lee ‘301 which pass through the tray) would have been obvious with predictable results to one of ordinary skill in the art at the time the invention was filed.
Regarding claim 2, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein each of the perforated plates has a plurality of holes, and the holes are located in a central region of the perforated plate (Lee: see Figs. 3A-3C).
Regarding claim 4, the combination of Lee, Lee ‘863, and Lee ‘301 teaches a plurality of holes (Lee: see Figs. 3A-3C), but is silent to wherein each of the perforated plates has a plurality of slits parallel to each other, and the slits are located in a central region of each perforated plate. However, Lee teaches that the holes may be a polygonal shape (see [0064]), and so absent persuasive evidence to the contrary, the particular shape of the holes of the perforated plates of the combination of Lee, Lee ‘863, and Lee ‘301 are merely a matter of engineering choice of which a person of ordinary skill in the art would have found obvious at the time the invention was filed. See MPEP §2144.04(IV)(B).
Regarding claim 6, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein n is an integer from 2 to 5 (Lee: first and second dispersion plates 41 and 42, see Figs. 2-6; [0082]-[0090]).
Regarding claim 7, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein the air supply unit (Lee: heat transfer medium supply part 38, see Fig. 2; [0081]-[0082]) is provided and arranged at the upper portion of the tray (Lee: see Fig. 2), but is silent to wherein there are a plurality of air supply units, and the air supply units are arranged at the upper portion of the tray at regular intervals. However, the plurality of air supply units is merely a duplicate of the single air supply unit of Lee, and the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP §2144.04(VI)(B). Though the combination of Lee, Lee ‘863, and Lee ‘301 is silent to the air supply units being arranged at regular intervals, the particular placement of the air supply units is merely an obvious matter of design choice. See MPEP §2144.04(VI)(C).
Regarding claim 8, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein the air supply unit is a blowing fan (Lee: see [0082]).
Regarding claim 9, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein the plurality of battery cells accommodated in the tray are vertically arranged (Lee: plurality of unit batteries 11, see Fig. 2), and
wherein the cooling unit is configured to blow air to move downwards through the air supply unit positioned at the upper portion of the tray (Lee: see Fig. 2).
Regarding claim 10, the combination of Lee, Lee ‘863, and Lee ‘301 is silent to wherein the plurality of battery cells accommodated in the tray are pouch-type battery cells. However, the combination of Lee, Lee ‘863, and Lee ‘301 is not limited to a particular type of battery (Lee: see [0005]-[0006]: Only requirement is the battery is a secondary battery), and it is the Examiner’s position that pouch-type battery cells are well known, and so it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize any type of battery, including pouch-type battery cells, in the tray of the combination of Lee, Lee ‘863, and Lee ‘301.
Regarding claim 12, the combination of Lee, Lee ‘863, and Lee ‘301 teaches a temperature sensor (Lee ‘864: non-contact temperature sensor 200 of temperature measurement device T1; see [0093]) which measures a temperature of the battery cells accommodated in the tray.
Regarding the functional language (e.g., which measures a temperature of the battery cells accommodated in the tray), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 13, the combination of Lee, Lee ‘863, and Lee ‘301 teaches wherein the perforated plates (first and second dispersion plates 41 and 42, see Figs. 2-6; [0082]-[0090]) are located above the tray (Lee: mount part 32, see Fig. 1; [0050]).
Claim(s) 1, 5, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omi (JP 2010-114989 A; listed in the IDS filed 3 October 2023; using attached English machine translation), in view of Lee ‘863 (US 2020/0340863) and Lee ‘301 (CN 104659301 A; using the attached English machine translation).
Regarding claim 1, Omi teaches a system for charging and discharging a battery, the system comprising:
a tray (housing 2, see Fig. 11; [0077]) configured to accommodate a plurality of battery cells (battery modules 4, see Fig. 11; [0078]);
a cooling unit (air blower member 5D, see Fig. 11; [0077]) configured to cool the plurality of battery cells accommodated in the tray (see [0077]-[0083]),
wherein the cooling unit includes an air supply unit (air blower member 5D inherently has an air supply unit; see [0077]-[0083]) positioned at an upper portion of the tray (see Fig. 11 – upper portion equated to y-direction towards air blower 5D), and n perforated plates which are positioned on an air flow path of the air supply unit (see Fig. 12 – air conditioning regulating members 16 and 17), the perforated plates being arranged in a lamination structure (see Fig. 12 – air conditioning regulating members 16 and 17 are arranged in a lamination structure as member 16 is on the air blower member 5 side and the member 17 is provided on the housing side 2) outside of the tray (see Fig. 11 and 12 – plates are outside housing 2), and
wherein n is an integer equal to or greater than 2 (see Fig. 12 – n is equal to 2 for members 16 and 17).
Omi is silent to a charge and discharge unit configured to be electrically connected to first and second electrode leads of the plurality of battery cells accommodated in the tray, the charge and discharge unit being configured to charge and discharge the plurality of battery cells a predetermined number of times, and wherein two opposing side surfaces of the tray are perforated such that the first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray.
Lee ‘863 teaches a charge and discharge apparatus 300 configured to be electrically connected to first and second electrode leads 20 of the plurality of battery cells 10 accommodated in a tray 30 (see [0091]-[0094]), the charge and discharge unit being configured to charge and discharge the plurality of battery cells (see [0003]) a predetermined number of times (it is the Examiner’s position that it is well known to perform the charge/discharge cycle a predetermined number of times for battery activation), and wherein two opposing side surfaces of the tray are perforated (see Fig. 14 and [0093] - For convenient connection, for example, the tray 30 may have a slot (not shown) where the charge/discharge probe 340 can be inserted and detached on the side in which the electrode leads 20 of the secondary batteries 10 are disposed, but the present disclosure is not limited to the structure of the tray 30 and a particular connection structure of the charge/discharge probe 340). Lee ‘863 teaches that the use of the charge/discharge apparatus 300 makes it possible to measure the temperature of each secondary battery 10 through the temperature measurement device T1 while charging/discharging the secondary batteries 10 within the tray 30. It is possible to calculate a temperature deviation between the secondary batteries 10, so when calculating the capacity, the temperature deviation may be taken into account. Because the temperature is measured by the unit of secondary battery 10, not by the unit of tray 30, accuracy of temperature correction in the capacity test is improved (see [0094]).
In view of Lee ‘863’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Omi to include a charge and discharge unit configured to be electrically connected to first and second electrode leads of the plurality of battery cells accommodated in the tray, the charge and discharge unit being configured to charge and discharge the plurality of battery cells a predetermined number of times, and wherein two opposing side surfaces of the tray are perforated because it is a known structure for a charge/discharge apparatus used to activate batteries after assembly and it can help to improve accuracy of temperature correction in the capacity test.
The combination of Omi and Lee ‘863 teaches wherein two opposing side surfaces of the tray are perforated (see Fig. 14 and [0093]), but is silent to wherein first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray.
Lee ‘301 teaches it is known for electrode terminals 31 of battery cells 30 to protrude through a tray 20 so that a charge and discharge process can be performed (see Figs. 5A, 5B, and 6; [0048]).
In view of Lee ‘301’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of the combination of Omi and Lee ‘863 to include wherein first and second electrode leads of each battery cell protrude through the two opposing side surfaces of the tray in order to perform a charge and discharge process. Furthermore, the substitution of a known element (the leads of the combination of Omi and Lee ‘863 not passing through the perforations of the tray) for another known element (the leads of Lee ‘301 which pass through the tray) would have been obvious with predictable results to one of ordinary skill in the art at the time the invention was filed.
Regarding claim 5, the combination of Omi, Lee ‘863, and Lee ‘301 teaches wherein each of the perforated plates has a plurality of slits (Omi: see Fig. 12 – air conditioning regulating members 16 and 17), and
wherein a width of the slits located in a central region of the perforated plate is greater than a width of the slits located at an edge region of the perforated plate (Omi: see Figs. 11 and 12 – Omi teaches an embodiment in Fig. 11 in which the width of the slits located in a central region of the air conditioning regulating member 14 is greater than a width of the slits located at an edge region of the regulating member 14, wherein the width direction equated to dimension of slits in the Z direction. Omi teaches that the embodiment of Fig. 11 results in concentrated cooling of battery modules 14 closest to the central slit, and with less cooling for battery modules away from the center. This is similar to the effect of the overlapping regulating members 16 and 17 of the embodiment in Fig. 12, which uses the overlapping members to control cooling concentrated in the center vs the edges of the members (see [0087]-[0089]). It would have been obvious to combine the embodiments of Figs. 11 and 12 to result in the shape of the slits of Fig. 11 to be applied to each of the air conditioning regulating members 16 and 17 of Fig. 12 because the substitution of a known element (the shapes and distribution of slits in the embodiment of Fig. 12) for another known element (the shapes and distribution of slits in the embodiment of Fig. 11) would have been obvious to one of ordinary skill in the art with predictable results at the time the invention was filed.)
Regarding claim 12, the combination of Omi, Lee ‘863, and Lee ‘301 teaches a temperature sensor (Lee ‘863: non-contact temperature sensor 200 of temperature measurement device T1; see [0093]) which measures a temperature of the battery cells accommodated in the tray.
Regarding the functional language (e.g., which measures a temperature of the battery cells accommodated in the tray), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Omi, Lee ‘863, and Lee ‘301 as applied to claim 1 above, and further in view of Im (KR 20-0169662 – Y1, listed in the IDS filed 5 July 2022; using attached English machine translation).
Regarding claim 3, the combination of Omi, Lee ‘863, and Lee ‘301 teaches wherein each of the perforated plates has a plurality of slits (Omi: see Fig. 12).
wherein a width of the slits located in a central region of the perforated plate is greater than a width of the slits located at an edge region of the perforated plate (Omi: see Figs. 11 and 12) – Omi teaches an embodiment in Fig. 11 in which the width of the slits located in a central region of the air conditioning regulating member 14 is greater than a width of the slits located at an edge region of the regulating member 14, wherein the width direction equated to dimension of slits in the Z direction. Omi teaches that the embodiment of Fig. 11 results in concentrated cooling of battery modules 14 closest to the central slit, and with less cooling for battery modules away from the center. This is similar to the effect of the overlapping regulating members 16 and 17 of the embodiment in Fig. 12, which uses the overlapping members to control cooling concentrated in the center vs the edges of the members (see [0087]-[0089]). It would have been obvious to combine the embodiments of Figs. 11 and 12 to result in the shape of the slits of Fig. 11 to be applied to each of the air conditioning regulating members 16 and 17 of Fig. 12 because the substitution of a known element (the shapes and distribution of slits in the embodiment of Fig. 12) for another known element (the shapes and distribution of slits in the embodiment of Fig. 11) would have been obvious to one of ordinary skill in the art with predictable results at the time the invention was filed.)
The combination of Omi, Lee ‘863, and Lee ‘301 is silent to wherein each of the perforated plates has a plurality of holes.
Im teaches the use of a cover with holes wherein the holes in the center have a larger diameter than towards the edges (see Fig. 7 and p. 4). Im teaches that this distribution helps to ensure a uniform temperature distribution by cooling the battery equally, which results in maximizing the performance of the battery (see p. 3).
In view of Im’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of the combination of Omi, Lee ‘863, and Lee ‘301 to include wherein each of the perforated plates has a plurality of holes, as taught by Im, because it is known shape to be used and the substitution of a known element (the slits of the combination of Omi, Lee ‘863, and Lee ‘301) for another known element (the holes of Im) would have been obvious to one of ordinary skill in the art with predictable results at the time the invention was filed. Furthermore, it helps to ensure a uniform temperature distribution by cooling the battery equally, which results in maximizing the performance of the battery.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lee, Lee ‘863, and Lee ‘301 as applied to claim 1 above, and further in view of Omi (JP 2010-114989 A; listed in the IDS filed 3 October 2023; using attached English machine translation).
Regarding claim 11, the combination of Lee, Lee ‘863, and Lee ‘301 is silent to wherein the tray has an open side surface, and wherein the cooling unit further includes a sub-air supply unit which blows cooling air toward the battery cells at the open side surface of the tray.
Omi teaches a cooling unit (battery cooling device 1, see Figs. 1-2; [0024]) including a tray (housing 2, see Fig. 1; [0024]) having an open side surface (air outlet 9 and exhaust port 10, see Fig. 1; [0037]), and wherein the cooling unit further includes an air supply unit (blower member 5, see Fig. 1; [0024]) which blows cooling air toward the battery cells at the open side surface of the tray (see [0032]-[0039]). Omi teaches this results in reduced temperature differences between the battery modules, which increases the life span of the battery modules as a whole (see [0009]).
In view of Omi’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of the combination of Lee, Lee ‘863, and Lee ‘301 to include wherein the tray has an open side surface, and wherein the cooling unit further includes a sub-air supply unit which blows cooling air toward the battery cells at the open side surface of the tray, as taught by Omi, because it would further help to reduce temperature differences between the battery modules, which increases the life span of the battery modules as a whole (see [0009]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 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
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 STEVEN HA whose telephone number is (571)270-5934. The examiner can normally be reached M-F 8:00-5:00 EST.
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/S.S.H/Examiner, Art Unit 1735 10 June 2026
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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