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 Rejections - 35 USC § 112
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 1-14 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 module frame for accommodating the battery cell stack having a bottom portion and side portions extending from the battery portion” in L3-4 and then further recites “wherein an opening is formed between an edge of a bottom portion of the module frame and the end plate” in L7-8.
It is unclear if the recitation of “a bottom portion” in L7-8 of the claim is the same bottom portion set forth in L3-4 of the claim or if it is a different bottom portion.
For purpose of examination, the Examiner will interpret the claim to recite “wherein an opening is formed between an edge of the bottom portion of the module frame and the end plate”.
Claims 2-14 are dependent on Claim 1 and therefore are rejected under 35 U.S.C. 112(b) for the reasons set forth above.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sera et al. (US PGPub 2015/0132634 A1).
Regarding Claims 1 and 13, Sera discloses in Figs. 1-5 and 8-9 a battery pack (P) comprising a battery module (M) ([0054], [0064]) comprising:
a battery cell stack in which a plurality of battery cells (11) are stacked ([0054]);
a module frame (12A, 12B) for accommodating the battery cell stack having a bottom portion (e.g. the bottom surface of the module frame 12A, 12B) and side portions extending upward from the bottom portion ([0057]-[0058]); and
an end plate (14) for covering each of a front surface and a rear surface of the battery cell stack ([0057]);
wherein an opening (31a) is formed between an edge of the bottom portion of the module frame (12A, 12B) and the end plate (14) (Fig. 9 and [0077]-[0079]).
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Regarding Claim 10, Sera discloses all of the limitations as set forth above and further discloses wherein the opening (31a) is formed by recessing an outer shell portion (a) of the bottom portion of the module frame (12A, 12B) that meets the end plate (14) ([0077]-[0079], see arc-shaped curve formed in an outer shell portion (a) of the bottom portion of the module frame 12A, 12B).
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.
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.
Claims 1, 4-5, 8-9, 11-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 210167432 U, cited on the IDS dated August 23, 2023, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025) and further in view of Lu et al. (CN 110289376 A, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025).
Regarding Claim 1, Liu discloses in Figs. 1-3 a battery module ([0008]) comprising:
a battery cell stack ([0027]),
a module frame (1) for accommodating the battery cell stack having a bottom portion and side portions extending upward from the bottom portion ([0027]); and
an end plate (2) for covering each of a front surface and a rear surface of the battery cell stack ([0027]),
wherein an opening (4) is formed between an edge of the bottom portion of the module frame (1) and the end plate (2) ([0027]-[0028]).
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Specifically, Liu discloses a battery cell stack ([0027]) and therefore Liu suggests wherein the battery cell stack comprises a plurality of battery cells that are stacked.
However, Liu does not explicitly disclose a battery cell stack in which a plurality of battery cells are stacked.
Lu teaches in Figs. 1-2 a battery module comprising a battery cell stack (2) in which a plurality of battery cells are stacked, a module frame (11) for accommodating the battery cell stack (2), and an end plate (16) for covering each of a front and a rear surface of the battery cell stack (2) ([0032]).
It would have been obvious to one of ordinary skill in the art to form the battery cell stack of Liu to comprise a plurality of battery cells that are stacked, as taught by Lu, wherein the skilled artisan would have reasonable expectation that such would successfully form the battery cell stack desired by Liu.
Regarding Claim 4, modified Liu discloses all of the limitations as set forth above and further discloses wherein the opening (4 of Liu) is formed at a portion where the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) meet (Fig. 1 and [0027]-[0028] of Liu).
Regarding Claim 5, modified Liu discloses all of the limitations as set forth above. Modified Liu further discloses wherein the opening (4 of Liu) is formed on a left side and a right side of the portion where the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) meet.
Consequently, modified Liu does not disclose wherein the opening is formed in a center of the portion where the bottom portion of the module frame and the end plate meet.
Though, modified Liu discloses wherein the battery module comprises at least two openings ([0027] of Liu) and therefore the number and consequently the position of the openings formed at the portion wherein the bottom portion of the module frame and the end plate meet are not particularly limited.
Specifically, modified Liu discloses wherein the openings effectively remove condensed water accumulated in the battery module ([0014] of Liu).
It would have been obvious to one of ordinary skill in the art to form another opening in the battery module, as disclosed by modified Liu, such that the opening is formed in a center of the portion where the bottom portion of the module frame and the end plate meet, as the number and consequently the position of the openings is not particularly limited so long as it is formed at the portion wherein the bottom portion of the module frame and the end plate meet and therefore the skilled artisan would have reasonable expectation that such would successfully effectively remove condensed water accumulated in the battery module, as desired by modified Liu.
Regarding Claim 8, modified Liu discloses all of the limitations as set forth above and further discloses wherein the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) meet (Fig. 1 of Liu).
Specifically, modified Liu discloses wherein the end plate (2 of Liu) is fixed to the module frame (1 of Liu) ([0027] of Liu).
However, modified Liu does not disclose the method of fixing the end plate to the module frame and consequently does not disclose wherein a portion where the bottom portion of the module frame and the end plate meet is joined by welding.
Lu further teaches in Figs. 1-2 wherein a portion where the module frame (11) and the end plate (16) meet is joined by welding ([0032]).
It would have been obvious to one of ordinary skill in the art to join the portion where the bottom portion of the module frame of modified Liu and the end plate of modified Liu meet by welding, as further taught by Lu, as such is a known method of joining a module frame to an end plate in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form the battery module desired by modified Liu.
Regarding Claim 9, modified Liu discloses all of the limitations as set forth above and further discloses where the portion where the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) are joined by welding is on both sides of the opening (4 of Liu) (Figs. 1-3 of Liu and [0032] of Lu) and therefore modified Liu discloses wherein welding lines of the bottom portion of the module frame (1 of Liu) and a lower end portion of the end plate (2 of Liu) are formed on both sides of the opening (4 of Liu), respectively, as evidenced by P8, L21-24 of the instant specification.
Regarding Claim 11, modified Liu discloses all of the limitations as set forth above and further discloses wherein in the opening (4 of Liu), a first width in a direction (e.g. X-direction) parallel to a contact line between the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) is wider than a second width in a direction (e.g. Y-direction) perpendicular to the contact line (Fig. 3 and [0027]-[0028] of Liu).
Regarding Claim 12, modified Liu discloses all of the limitations as set forth above and further discloses wherein the first width becomes wider in a direction (e.g. X-direction) of the end plate (2 of Liu) (Fig. 3 and [0027]-[0028] of Liu).
Regarding Claim 14, modified Liu discloses all of the limitations as set forth above and further discloses wherein the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) contact each other except for the opening (4 of Liu) along a contact line (Figs. 1 and 3 of Liu).
Specifically, modified Liu discloses wherein the end plate (2 of Liu) is fixed to the module frame (1 of Liu) ([0027] of Liu).
However, modified Liu does not disclose the method of fixing the end plate to the module frame and consequently does not disclose wherein the bottom portion of the module frame and the end plate are welded along the contact line.
Lu further teaches in Figs. 1-2 wherein a portion where the module frame (11) and the end plate (16) meet is joined by welding ([0032]).
It would have been obvious to one of ordinary skill in the art to join the bottom portion of the module frame of modified Liu and the end plate of modified Liu by welding, as further taught by Lu, such that the bottom portion of the module frame and the end plate are welded along the contact line, as such is a known method of joining a module frame to an end plate in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form the battery module desired by modified Liu.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 210167432 U, cited on the IDS dated August 23, 2023, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025) in view of Lu et al. (CN 110289376 A, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025), as applied to Claim 1 above, and further in view of Lee et al. (WO 2018/124494 A2, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025).
Regarding Claim 2, modified Liu discloses all of the limitations as set forth above. However, modified Liu does not disclose a busbar frame for covering each of the front surface and the rear surface of the battery cell stack, wherein a plurality of busbars are mounted on each busbar frame, and wherein the opening is formed under the plurality of busbars so as to be separated from the plurality of busbars.
Lee teaches in Figs. 1 and 3 a battery pack comprising a battery module (M) ([0102]-[0103], [0105]) comprising:
a battery cell stack (C) in which a plurality of battery cells are stacked ([0106]);
a busbar frame (120, 130) for covering each of the front surface and the rear surface of the battery cell stack (C) (Fig. 3, [0106], [0110]-[0111]),
wherein a plurality of busbars (121, 122, 131, 132) are mounted on each busbar frame (120, 130) (Fig. 3, [0110]-[0111]).
Specifically, Lee teaches wherein the plurality of busbars (121, 122, 131, 132) electrically connect the plurality of battery cells in the battery cell stack (C) ([0003], [0035]).
It would have been obvious to one of ordinary skill in the art to utilize a busbar frame for covering each of the front surface and the rear surface of the battery cell stack of modified Liu, wherein a plurality of busbars are mounted on each busbar frame, as taught by Lee, in order to electrically connect the plurality of battery cells in the battery cell stack of modified Liu, thereby forming a battery module as desired by modified Liu.
In light of the above, modified Liu further discloses wherein the opening (4 of Liu) is formed under the plurality of busbars (121, 122, 131, 132 of Lee) so as to be separated from the plurality of busbars (121, 122, 131, 132 of Lee) (Figs. 1-3 and [0027]-[0028] of Liu, wherein the opening 4 is formed at a portion where the bottom portion of the module frame 1 and the end plate 2 meet and wherein the plurality of bus bars 121, 122, 131, 132 are located above the portion where the bottom portion of the module frame 1 and the end plate 2 meet).
Regarding Claim 3, modified Liu discloses all of the limitations as set forth above and further discloses wherein the opening is formed at a portion where the bottom portion of the module frame (1 of Liu) and the end plate (2 of Liu) meet.
Specifically, modified Liu discloses wherein the openings effectively remove condensed water accumulated in the battery module ([0014] of Liu).
However, modified Liu does not disclose an insulating cover formed between the busbar frame and the end plate, wherein the opening is formed in a portion corresponding to a lower end portion of the insulating cover.
Lee further teaches in Fig. 21 wherein the battery module (M) may further comprise an insulating cover (541, 542) formed between a busbar frame (530) and an end plate (502) ([0160]-[0161]).
It would have been obvious to one of ordinary skill in the art to utilize an insulating cover formed between the busbar frame of modified Liu and the end plate of modified Liu, as further taught by Lee, in order to form a battery module, as desired by modified Liu.
Upon implementation of the insulation cover, it would have been obvious to one of ordinary skill in the art to form further form the opening to extend through the insulation cover of modified Liu, in order to effectively remove condensed water accumulated in the battery module of modified Liu, as desired by modified Liu.
Thus, modified Liu discloses wherein the opening (4 of Liu) is formed in a portion corresponding to a lower end portion of the insulating cover (541 or 542 of Lee) (Figs. 1-3 and [0027]-[0028] of Liu and Fig. 21 of Lee).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sera et al. (US PGPub 2015/0132634 A1), as applied to Claim 1 above, and further in view of Choo et al. (US PGPub 2013/0323560 A1).
Regarding Claim 6, Sera discloses all of the limitations as set forth above and further discloses wherein an upper end edge of the bottom portion of the module frame (12A, 12B) forming the opening (31a) is curved (a) in order to move away from fastening portions (15, 16) (Figs. 8-9 and [0077]).
However, Sera does not disclose wherein an upper end edge of the bottom portion of the module frame (12A, 12B) is chamfered.
Choo teaches in Figs. 1, 6, and 12 a battery module (100) comprising a module frame (30) for accommodating a battery cell stack (10), wherein an upper end edge of the plate may be curved or chamfered ([0055], [0075]).
It would have been obvious to one of ordinary skill in the art to form the upper end edge of the bottom portion of the module frame of Sera to be chamfered, as taught by Choo, as such is a known shape in the art, wherein the skilled artisan would have reasonable expectation that such would successfully move the upper end edge of the bottom portion of the module frame away from fastening portions in the battery module of Sera, as desired by Sera.
Regarding Claim 7, modified Sera discloses all of the limitations as set forth above. Modified Sera further discloses wherein the opening (31a of Sera) has an inclined edge formed by the chamfering (Figs. 8-9 of Sera and Fig. 12, [0075] of Choo).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 210167432 U, cited on the IDS dated August 23, 2023, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025) in view of Lu et al. (CN 110289376 A, see also the EPO machine generated English translation provided with the Office Action dated July 28, 2025), as applied to Claim 1 above, and further in view of Sera et al. (US PGPub 2015/0132634 A1).
Regarding Claim 13, modified Liu discloses all of the limitations as set forth above. However, modified Liu does not disclose a battery pack comprising the battery module.
Sera teaches a battery pack (P) comprising a plurality of battery modules (M) ([0054], [0064]).
It would have been obvious to one of ordinary skill in the art to utilize a plurality of the battery modules of modified Liu in a battery pack, as taught by Sera, in order to form a battery pack.
Response to Arguments
Applicant's arguments filed September 15, 2025 have been fully considered but they are not persuasive.
Regarding amended Claim 1, the Applicant argues that Sera discloses a frame 15, 16 extending along only corners of the battery cells 11. The opening 31a is at the end of the drainage channel 31 between a plate portion 12a of cell holder 12 and end plate 14. The opening 31a is not in a bottom portion of the module frame. The cell holders 12 being between battery cells are spaced from each other by engagement portions 12b and shielding portions 12d so there is no bottom portion of a module frame.
The Examiner respectfully disagrees and notes that, as set forth in the rejection above, Sera discloses a module frame (12A, 12B) for accommodating the battery cell stack having a bottom portion (e.g. the bottom surface of the module frame 12A, 12B) and side portions extending upward from the bottom portion ([0057]-[0058]).
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Specifically, the Examiner notes that the bottom portion as claimed has no structural requirements and therefore any lower portion of the module frame may read on the bottom portion (e.g. the bottom surface of the module frame 12A, 12B).
The Applicant further argues that the opening of Liu is in the end plate 2, not the bottom portion of the module frame.
The Examiner respectfully disagrees and notes that the claim does not require the opening to be in the bottom portion of the module frame. Instead, the claim requires the opening to be formed between an edge of the bottom portion of the module frame and the end plate.
Consequently, when an opening (4) is formed in the end plate (2), the opening is located between an edge of the bottom portion of the module frame (1) in first direction and between the end plate (2) in a second direction perpendicular to the first direction (Figs. 1, 3 and [0027]-[0028]).
The Examiner suggests that the Applicant count amend the claim to recite “wherein an opening is formed between an edge of the bottom portion of the module frame and the end plate in a first direction” or “wherein an opening is formed between an edge of the bottom portion of the module frame and the end plate in a direction perpendicular to a stacking direction of the battery cell stack” in order to overcome this interpretation, in light of Fig. 1 of the instant application.
Thus, the arguments are not persuasive.
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 KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Examiner, Art Unit 1725