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 § 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.
Claim(s) 1-2, 7, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Han, et. al. (US2019341655A1), in view of Murai, et. al. (US2017222200A1), Ejiri, et. al. (US2013330579A1), Watanabe, et. al. (US2012082875A1), and Becker, et. al. (US2022093994A1).
Regarding Claim 1, Han recites a battery pack (“a modular multi-cell battery”) a vehicle (see intended use discussion below), the battery pack comprising: a plurality of battery modules (“[0054] twelve cells” depicted in Fig. 9) arranged on a flat surface in a battery casing (Fig. 5- 8; wherein the “casing” is battery case 10); a plurality of longitudinal members and a plurality of transversal members arranged between the plurality of battery modules (Fig. 5, 6, 8, 11 ; “[0010] In a preferred embodiment, the pressure frame further has a raised edge, and the pressure cover plate further has a groove that engages with the raised edge.” wherein the raised edges 53 on the bottom grid of the pressure frame are “members,” and form a grid together with the middle divider shown in Fig. 5, and “[0052] Referring to FIG. 8, the pressure frame 5 is fixed on an assembling equipment. The pressure frame 5 has two transverse assembling positions respectively in the front and the rear, each assembling position accommodating 6 cells, with a total of 12 cells being connected in series . . . The separator 4 is sequentially placed by a machine hand at the cell positions corresponding to the first to the twelfth cells of the pressure frame 5”). Han at Fig. 5-8, 11, [0048 – 54].
Han teaches a venting valve (outer safety valves 7, shown in Fig. 1, 7, which communicate with inner safety valves 9) provided at an upper portion of the battery casing (see Fig. 1, wherein “upper portion,” includes a raised portion on the top cover under the broadest reasonable interpretation) and configured to communicate with installation spaces formed by the plurality of longitudinal members or the plurality of transversal members (each of the holes shown in Fig. 9 corresponding to one of the 12 module installation spaces), the venting valve configured to provide a discharge space for gas at an outside space of the battery casing (“an outer safety valve 7 is installed on the battery case 10 to obtain the finished battery, as shown in FIG. 10.”). Han at [0061-62], Fig. 7.
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Fig. 1 of Han, depicting the outer casing 10, the vent holes 9 and outer safety valves 7, wherein a grid of battery modules is shown.
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Fig. 5 and 6(a – b), showing the transversal members (“transverse assembling positions”), creating a grid of “assembling positions,” wherein the grooves 62, 63 receive raised edge 53 in the pressure cover plate 6, wherein these edges are the “longitudinal members.” However, Examiner notes that because longitudinal and transversal aren’t defined in the claims, either label could be applied to the edges and the middle partitions which form the members.
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Fig. 7-10 of Han.
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Fig. 11- 12 of Han.
Regarding the term “for a vehicle,” in the preamble, the preamble language is a statement of intended use because a vehicle does not appear in this or dependent claims, and because the language in the body of the claim sets out the complete invention; the term “a battery pack for a vehicle,” is a statement of the intended use within the preamble which does not limit the claim. MPEP 2111.02, 2111.02 (II).
Regarding the amended terms, “a plurality of fixation brackets mounted to a rear end of the battery casing to fix the battery casing to a vehicle body, wherein: the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other, the venting valve is configured to communicate with one installation space of the installation spaces formed by the plurality of longitudinal members, the one installation space is extended toward a gap between two fixation brackets, among the plurality of fixation brackets, provided at opposite portions of the rear end of the battery casing, and the venting valve communicates with the one installation space of the installation spaces of the plurality of longitudinal members, and the one installation space is extended toward a rear center portion of the battery casing,” Han at Fig. 8 teaches a gap in the dividers between the plates 1, which strongly implies “the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other.” Han at Fig. 8. Further, the venting valves 7 and safety valves 9 communicate with the installation spaces as shown in in Fig. 6-7. Finally, the Office notes the terminals and the venting valve 7 are disposed upon what appears to be the rear end of the battery casing, with the terminals on a raised, inset position relative to the venting valve 7 in the corner area.
However, Han is silent as to “a plurality of fixation brackets mounted to a rear end of the battery casing to fix the battery casing to a vehicle body, the venting valve is configured to communicate with one installation space of the installation spaces formed by the plurality of longitudinal members, the one installation space is extended toward a gap between two fixation brackets, among the plurality of fixation brackets, provided at opposite portions of the rear end of the battery casing, and the venting valve communicates with the one installation space of the installation spaces of the plurality of longitudinal members, and the one installation space is extended toward a rear center portion of the battery casing.”
Murai teaches brackets 20, having fixing portions 22, which fix a battery module 10 to a floor panel of a vehicle. Murai at [0032- 35]. This apparatus provides the benefit of “[0009] promoting effective use of the space in a vehicle by mounting vertically stacked power storage modules on the vehicle, and also capable of firmly fixing the vertically stacked power storage modules to the vehicle using brackets even if the vertically stacked power storage modules are electrically connected.” Id. at [0009]. Murai also teaches the bracket 20 includes an insertion portion 23 that defines an insertion space for the positive electrode terminal P1 and the negative electrode terminal N2. Id. at [0038]. Murai at Fig. 3 depicts these brackets as corresponding to each column of cells. Id. at Fig. 3.
Applying these teachings to the apparatus shown in Fig. 8 and 10, this bracket would not interfere with the terminals as shown; in addition, [0045] teaches “plural slits (not shown) may be formed as ventilating ports,” which supports the presence of a venting valve found on this rear bracket area. Finally, Fig. 8 of Han shows a space wherein two cell stacks communicate (i.e. there is no central divider). This is a “one installation space [that] is extended toward a gap,” and because the brackets of Murai on both sides, it is “between two fixation brackets.” Finally, because the space creates a fluid communication path forming a “U” on one side, changing the orientation divider to the opposite side as shown within Fig. 8 of Han would not be expected to change the operation of the battery cell. Han at Fig. 8.
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Fig. 1 and 5 of Murai.
One of ordinary skill in the art before the effective filing date would find it obvious to further modify the battery of Han, such that it comprises a plurality of fixation brackets (brackets 20 Murai) of mounted to a rear end of the battery casing (Fig. 3 of Murai) to fix the battery casing to a vehicle body, wherein: the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other (see Fig. 8, wherein the lack of a central divider permits fluid communication), the venting valve is configured to communicate with one installation space of the installation spaces formed by the plurality of longitudinal members (as modified, this is such that the venting valve 7 orients with that of the non-divided space shown in Fig. 8), the one installation space is extended toward a gap between two fixation brackets (wherein the two brackets 20 of Murai are disposed roughly in the position of the terminals of Fig. 10 of Han, because in Murai, these brackets feature contact points for terminals; as such, there would logically be a space between them), among the plurality of fixation brackets, provided at opposite portions of the rear end of the battery casing (see above), and the venting valve communicates with the one installation space of the installation spaces of the plurality of longitudinal members (see above), and the one installation space is extended toward a rear center portion of the battery casing (see above), because Murai teaches a benefit to effective space utilization and firm fixation, even when using vertical stacks (i.e., like in the battery of Han).
However, modified Han is silent as to “the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other to define a continuous gas flow path toward the venting valve,” because the installation spaces of modified Han teaches the cells are separated by insulation material. Han at [0046].
Ejiri teaches a plurality of battery cells 2 arrayed and connected together on a flat surface, wherein an end plate 3, section plates 5, and short bus bars 8 form segments or sections of the array S1, S2, S3, S4; a vent duct 15 is disposed above the plurality of battery cells, wherein “0041] In the thus-constructed vent duct 15, the gas vent valves 2f of the six battery cells 2 in the first section S1 of array A communicate with a first duct material 15A, and the gas vent valves 2f of the six battery cells 2 in the second section S2 of array A communicate with a second duct material 15B. Likewise, the gas vent valves 2f in the third section S3 communicate with a third duct material 15C, and the gas vent valves 2f in the fourth section S4 communicate with a fourth duct material 15D. The fourth duct material 15D is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15A. Similarly to the duct materials in array A, a first duct material 15E to fourth duct material 15H in array B are constructed so that the gas vent valves 2f of the battery cells 2 in the sections S1 to S4 communicate with the duct materials in the respective sections, the fourth duct material 15H is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15E.” Ejiri at [0025 – 27, 40 – 43]. Ejiri teaches that this structure provides the benefit that “[0011] all gas from the gas vent valves of the battery cells can be released at the same time from the vent valves through the vent duct,” and “[0042] ensures leakage-free communication” via the sealed vent duct parts 15a (which at least implies a benefit to preventing condensate from reaching the cells despite being disposed above the cell stacks).
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that the longitudinal members include the vertical pipe parts 15a of Ejiri, such that the installation spaces communicate with the vent duct 15 (and thereby each other), such that the installation spaces are configured to communicate with each other to define a continuous gas flow path toward the venting valve, because Ejiri teaches a benefit to allowing gas to be received from all of the modules simultaneously while preventing leakage.
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Fig. 4 of Ejiri.
However, modified Han is silent as to “such that the venting valve is positioned to discharge the gas through a gap defined by the two fixation brackets.”
Watanabe teaches “[0071] The plurality of electric cells 1 are arranged to define ventilation spaces S through which a gas (cooling gas) flows between electric cells 1 adjacent in the column direction.” Watanabe at [0071]. Watanabe at Fig. 9 and 11 indicates that sections of the cell cover 331 and the terminal cover 33 have a bracket-like shape, wherein the cutout shaped terminal exposure sections 400 are bolted down via the fixation pieces 411. This indicates this assembly functions as a “two fixation brackets” which for a gap which covers the venting valve.
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Fig. 9 of Watanabe.
Watanabe teaches “[0008] As a result, the gas flowing though the ventilation spaces cools the electric cells on both sides of the ventilation spaces in the battery pack, preventing an excessive temperature rise of the electric cells. It is therefore supposed that the life span of the electric cells is not reduced, and the electric cells can provide necessary performance,” and teaches a goal of the invention is to “uniformly cool” the battery pack, and implicitly by providing a designated space for ventilation. Id. at [0008 – 12].
As applied to Han, the venting valve of Han is to the corner side; however, as previously discussed, the brackets of Murai are logically located at the position of the terminals. However, Fig. 8 and 10 indicate the cell stacks of Han are in fluid communication. As such, locating the venting valve 7 of Han towards the center of the rear side as shown would not be expected to modify the operation of the device.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that the venting valve is positioned to discharge the gas through a gap defined by the two fixation brackets, because Watanabe teaches a benefit to the uniformity of cooling, and because the rearrangement of parts is obvious where it would not modify the operation of the device. MPEP 2144.04 (VI)(C).
However, modified Han is silent as to “the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other through the empty space within the battery casing to define a continuous gas flow path toward the venting valve.”
Becker teaches “[0038] an electric battery module 1 , in particular a motor vehicle battery module, comprising a plurality of individual accumulators 2 in the form of battery elements or cells, of elongate, advantageously cylindrical, shape, preferably with a circular section, these battery elements 2 being connected electrically together and to the connection terminals 1 ′ of the module 1 and mounted in a container 3 forming part of said module 1 . [0039] In accordance with the invention, said container 3 comprises:
at least one support body 4 which defines a plurality of mutually parallel elongate housings 5 that are configured in the form of grooves or channels each for receiving a row Ri of battery elements 2 with their longitudinal axes AL perpendicular to the bottom 5 ′ of the housing 5 in question, first wedging elements 6 in the form of ladder- or frame-like perforated components which comprise side members 6 ′ and crossmembers 6 ″, disposed against and between the battery elements 2 of a row Ri and each of the two lateral walls 5 ″ of the elongate housing 5 receiving them.” Becker at [0038 – 39]. Further, regarding the compartmentalizing walls 5’’, Becker teaches “[0057] a battery sub-module 10 in the form of a block. [0058] These blocks 10 form modular assemblies,” wherein “[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.” Becker at [0057 -58], Fig. 4. Becker finally notes that “[0073] The temperature control of the support body 4 and of the battery elements 2 by a suitable means can be realized in different ways, for example by the Peltier effect, by exposure of a temperature-controlled forced air flow or the like.” However, Becker does not teach a venting valve.
This reads upon “the plurality of longitudinal members [lateral walls 5’’] have heights lower than heights of the battery modules [blocks 10] to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing (“[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.”) , the installation spaces . . . configured to communicate with each other through the empty space within the battery casing (this is at least implied by the “circulation of air by natural convection,” which requires empty space).” Further, this provides “[0076] thermal control,” which strongly implies that, within an assembly defined by longitudinal and transversal members, transversal members having a height lower than the blocks would provide the same benefit.
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Fig. 4 of Becker.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that it comprises “the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other through the empty space within the battery casing,” because Becker teaches a benefit to natural air flow through circulation of air by natural convection.
Claim 1 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker.
Regarding Claim 2, Claim 2 relies upon Claim 1. Claim 1 is obvious over modified Han.
Modified Han recites the installation spaces of the plurality of longitudinal members and the plurality of transversal members are arranged to form a grid shape (Fig. 8-11) so that the installation spaces communicate with each other on the flat surface formed by the plurality of battery modules. Han at [0052], Fig. 8-11.; see also Becker at Fig. 2.
Claim 2 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker.
Regarding Claim 7, Claim 7 relies upon Claim 1. Claim 1 is obvious over modified Han.
Under the broadest reasonable interpretation, an “upper” edge includes a position upon a top plate, and Fig. 1 depicts the venting valve is provided at an upper edge of the battery casing.
Claim 7 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker.
Regarding Claim 11, Han recites a battery pack (“a modular multi-cell battery”) a vehicle (see intended use discussion below), the battery pack comprising: a plurality of battery modules (“[0054] twelve cells” depicted in Fig. 9) arranged on a flat surface in a battery casing (Fig. 5- 8; wherein the “casing” is battery case 10); a plurality of longitudinal members and a plurality of transversal members arranged between the plurality of battery modules (Fig. 5, 6, 8, 11 ; “[0010] In a preferred embodiment, the pressure frame further has a raised edge, and the pressure cover plate further has a groove that engages with the raised edge.” wherein the raised edges 53 on the bottom grid of the pressure frame are “members,” and form a grid together with the middle divider shown in Fig. 5, and “[0052] Referring to FIG. 8, the pressure frame 5 is fixed on an assembling equipment. The pressure frame 5 has two transverse assembling positions respectively in the front and the rear, each assembling position accommodating 6 cells, with a total of 12 cells being connected in series . . . The separator 4 is sequentially placed by a machine hand at the cell positions corresponding to the first to the twelfth cells of the pressure frame 5”). Han at Fig. 5-8, 11, [0048 – 54].
Han teaches a venting valve (outer safety valves 7, shown in Fig. 1, 7, which communicate with inner safety valves 9) provided at an upper portion of the battery casing (see Fig. 1, wherein “upper portion,” includes a raised portion on the top cover under the broadest reasonable interpretation) and configured to communicate with installation spaces formed by the plurality of longitudinal members or the plurality of transversal members (each of the holes shown in Fig. 9 corresponding to one of the 12 module installation spaces), the venting valve configured to provide a discharge space for gas at an outside space of the battery casing (“an outer safety valve 7 is installed on the battery case 10 to obtain the finished battery, as shown in FIG. 10.”). Han at [0061-62], Fig. 7.
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Fig. 1 of Han, depicting the outer casing 10, the vent holes 9 and outer safety valves 7, wherein a grid of battery modules is shown.
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Fig. 5 and 6(a – b), showing the transversal members (“transverse assembling positions”), creating a grid of “assembling positions,” wherein the grooves 62, 63 receive raised edge 53 in the pressure cover plate 6, wherein these edges are the “longitudinal members.” However, Examiner notes that because longitudinal and transversal aren’t defined in the claims, either label could be applied to the edges and the middle partitions which form the members.
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Fig. 7-10 of Han.
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Fig. 11- 12 of Han.
Regarding the term “for a vehicle,” in the preamble, because the preamble language does not provide antecedent basis for terms in the body of the claim (e.g., a vehicle does not appear in this or dependent claims), and because the language in the body of the claim sets out the complete invention, the term “a battery pack for a vehicle,” is a statement of the intended use within the preamble which does not limit the claim. MPEP 2111.02, 2111.02 (II).
However, Han is silent as to “a plurality of fixation brackets mounted to a rear end of the battery casing to fix the battery casing to a vehicle body.”
Murai teaches brackets 20, having fixing portions 22, which fix a battery module 10 to a floor panel of a vehicle. Murai at [0032- 35]. This apparatus provides the benefit of “[0009] promoting effective use of the space in a vehicle by mounting vertically stacked power storage modules on the vehicle, and also capable of firmly fixing the vertically stacked power storage modules to the vehicle using brackets even if the vertically stacked power storage modules are electrically connected.” Id. at [0009]. Murai also teaches the bracket 20 includes an insertion portion 23 that defines an insertion space for the positive electrode terminal P1 and the negative electrode terminal N2. Id. at [0038]. Murai at Fig. 3 depicts these brackets as corresponding to each column of cells. Id. at Fig. 3.
Applying these teachings to the apparatus shown in Fig. 8 and 10, this bracket would not interfere with the terminals as shown; in addition, [0045] teaches “plural slits (not shown) may be formed as ventilating ports,” which supports the presence of a venting valve found on this rear bracket area. Finally, Fig. 8 of Han shows a space wherein two cell stacks communicate (i.e. there is no central divider). This is a “one installation space [that] is extended toward a gap,” and because the brackets of Murai on both sides, it is “between two fixation brackets.” Finally, because the space creates a fluid communication path forming a “U” on one side, changing the orientation divider to the opposite side as shown within Fig. 8 of Han would not be expected to change the operation of the battery cell. Han at Fig. 8.
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Fig. 1 and 5 of Murai.
One of ordinary skill in the art before the effective filing date would find it obvious to further modify the battery of Han, such that it comprises a plurality of fixation brackets (brackets 20 Murai) of mounted to a rear end of the battery casing (Fig. 3 of Murai) to fix the battery casing to a vehicle body, because Murai teaches a benefit to effective space utilization and firm fixation, even when using vertical stacks (i.e., like in the battery of Han).
However, modified Han is silent as to “the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other to define a continuous gas flow path toward the venting valve,” because the installation spaces of modified Han teaches the cells are separated by insulation material. Han at [0046].
Ejiri teaches a plurality of battery cells 2 arrayed and connected together on a flat surface, wherein an end plate 3, section plates 5, and short bus bars 8 form segments or sections of the array S1, S2, S3, S4; a vent duct 15 is disposed above the plurality of battery cells, wherein “0041] In the thus-constructed vent duct 15, the gas vent valves 2f of the six battery cells 2 in the first section S1 of array A communicate with a first duct material 15A, and the gas vent valves 2f of the six battery cells 2 in the second section S2 of array A communicate with a second duct material 15B. Likewise, the gas vent valves 2f in the third section S3 communicate with a third duct material 15C, and the gas vent valves 2f in the fourth section S4 communicate with a fourth duct material 15D. The fourth duct material 15D is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15A. Similarly to the duct materials in array A, a first duct material 15E to fourth duct material 15H in array B are constructed so that the gas vent valves 2f of the battery cells 2 in the sections S1 to S4 communicate with the duct materials in the respective sections, the fourth duct material 15H is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15E.” Ejiri at [0025 – 27, 40 – 43]. Ejiri teaches that this structure provides the benefit that “[0011] all gas from the gas vent valves of the battery cells can be released at the same time from the vent valves through the vent duct,” and “[0042] ensures leakage-free communication” via the sealed vent duct parts 15a (which at least implies a benefit to preventing condensate from reaching the cells despite being disposed above the cell stacks).
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that the longitudinal members include the vertical pipe parts 15a of Ejiri, such that the installation spaces communicate with the vent duct 15 (and thereby each other), such that the installation spaces are configured to communicate with each other to define a continuous gas flow path toward the venting valve, because Ejiri teaches a benefit to allowing gas to be received from all of the modules simultaneously while preventing leakage.
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Fig. 4 of Ejiri.
However, modified Han is silent as to the space securing bracket is configured to surround an outer circumference of the venting valve and separate the discharge space from the plurality of fixation brackets thereby securing the gas discharge space and setting a discharge direction of the gas.
Watanabe teaches “[0071] The plurality of electric cells 1 are arranged to define ventilation spaces S through which a gas (cooling gas) flows between electric cells 1 adjacent in the column direction.” Watanabe at [0071]. Watanabe at Fig. 9 and 11 indicates that sections of the cell cover 331 and the terminal cover 33 have a bracket-like shape, wherein the cutout shaped terminal exposure sections 400 are bolted down via the fixation pieces 411. This indicates this assembly functions as a “space securing bracket being configured to surround an outer side of a valve” and is also on an outer side of the battery casing.
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Fig. 9 of Watanabe.
Watanabe teaches “[0008] As a result, the gas flowing though the ventilation spaces cools the electric cells on both sides of the ventilation spaces in the battery pack, preventing an excessive temperature rise of the electric cells. It is therefore supposed that the life span of the electric cells is not reduced, and the electric cells can provide necessary performance,” and teaches a goal of the invention is to “uniformly cool” the battery pack, and implicitly by providing a designated space for ventilation. Id. at [0008 – 12]. Finally, Watanabe teaches that within its gas guidance sections 311, within the ventilation openings IP on the cell cover, these sections provide the benefit of smoothly guiding gas to the requisite opening without staying outside (i.e. being trapped) the cell restriction units of the frame. Id. at [0185].
As applied to Han, the venting valve of Han is to the corner side; however, as previously discussed, the brackets of Murai are logically located at the position of the terminals. However, Fig. 8 and 10 indicate the cell stacks of Han are in fluid communication. As such, locating the venting valve 7 of Han towards the center of rear side as shown would not be expected to modify the operation of the device.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that a space securing bracket (a bracket portion of the gas guidance sections 311, shaped as in the cover ventilation section 330 to fit the venting valve 7 of Han on the outer side, as evidenced by [0071], Fig. 9 as discussed prior) coupled to the battery casing and disposed between the plurality of fixation brackets (i.e., where the vent is located in the previous modification) the space securing bracket being configured to surround an outer circumference of the venting valve (as in Fig. 9 and 11) and separate the discharge space from the plurality of fixation bracket, thereby securing the gas discharge space and setting a discharge direction of the gas (i.e., like the gas guidance sections 311 of Watanabe), because Watanabe teaches a benefit to the uniformity of cooling as well as smoothly guiding gas away from frame members (such as fixation brackets) and because the rearrangement of parts is obvious where it would not modify the operation of the device. MPEP 2144.04 (VI)(C).
As modified here, Han teaches a space securing bracket coupled to an outer side of the battery casing.
However, modified Han is silent as to “wherein the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing. . . introduced into the venting valve through the empty space.”
Becker teaches “[0038] an electric battery module 1 , in particular a motor vehicle battery module, comprising a plurality of individual accumulators 2 in the form of battery elements or cells, of elongate, advantageously cylindrical, shape, preferably with a circular section, these battery elements 2 being connected electrically together and to the connection terminals 1 ′ of the module 1 and mounted in a container 3 forming part of said module 1 . [0039] In accordance with the invention, said container 3 comprises:
at least one support body 4 which defines a plurality of mutually parallel elongate housings 5 that are configured in the form of grooves or channels each for receiving a row Ri of battery elements 2 with their longitudinal axes AL perpendicular to the bottom 5 ′ of the housing 5 in question, first wedging elements 6 in the form of ladder- or frame-like perforated components which comprise side members 6 ′ and crossmembers 6 ″, disposed against and between the battery elements 2 of a row Ri and each of the two lateral walls 5 ″ of the elongate housing 5 receiving them.” Becker at [0038 – 39]. Further, regarding the compartmentalizing walls 5’’, Becker teaches “[0057] a battery sub-module 10 in the form of a block. [0058] These blocks 10 form modular assemblies,” wherein “[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.” Becker at [0057 -58], Fig. 4. Becker finally notes that “[0073] The temperature control of the support body 4 and of the battery elements 2 by a suitable means can be realized in different ways, for example by the Peltier effect, by exposure of a temperature-controlled forced air flow or the like.” However, Becker does not teach a venting valve.
This reads upon “wherein the plurality of longitudinal members [lateral walls 5’’] have heights lower than heights of the battery module [blocks 10] to directly define an empty space for gas movement . . . ,wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing (“[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.”)” Further, this provides “[0076] thermal control,” which strongly implies that, within an assembly defined by longitudinal and transversal members, transversal members having a height lower than the blocks would provide the same benefit. Finally, Becker does not teach a valve, but is introduced to demonstrate a teaching of natural convection within a battery; if applied to a base device with a venting valve and space securing bracket, this would permit the space securing bracket of Han to “set a discharge direction of the gas introduced into the venting valve through the empty space.”
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Fig. 4 of Becker.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that it comprises “wherein the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing. . . introduced into the venting valve through the empty space,” because Becker teaches a benefit to natural air flow through circulation of air by natural convection.
Claim 11 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker.
Regarding Claim 12, Han recites a battery pack (“a modular multi-cell battery”) a vehicle (see intended use discussion below), the battery pack comprising: a plurality of battery modules (“[0054] twelve cells” depicted in Fig. 9) arranged on a flat surface in a battery casing (Fig. 5- 8; wherein the “casing” is battery case 10); a plurality of longitudinal members and a plurality of transversal members arranged between the plurality of battery modules (Fig. 5, 6, 8, 11 ; “[0010] In a preferred embodiment, the pressure frame further has a raised edge, and the pressure cover plate further has a groove that engages with the raised edge.” wherein the raised edges 53 on the bottom grid of the pressure frame are “members,” and form a grid together with the middle divider shown in Fig. 5, and “[0052] Referring to FIG. 8, the pressure frame 5 is fixed on an assembling equipment. The pressure frame 5 has two transverse assembling positions respectively in the front and the rear, each assembling position accommodating 6 cells, with a total of 12 cells being connected in series . . . The separator 4 is sequentially placed by a machine hand at the cell positions corresponding to the first to the twelfth cells of the pressure frame 5”). Han at Fig. 5-8, 11, [0048 – 54].
Han teaches a venting valve (outer safety valves 7, shown in Fig. 1, 7, which communicate with inner safety valves 9) provided at an upper portion of the battery casing (see Fig. 1, wherein “upper portion,” includes a raised portion on the top cover under the broadest reasonable interpretation) and configured to communicate with installation spaces formed by the plurality of longitudinal members or the plurality of transversal members (each of the holes shown in Fig. 9 corresponding to one of the 12 module installation spaces), the venting valve configured to provide a discharge space for gas at an outside space of the battery casing (“an outer safety valve 7 is installed on the battery case 10 to obtain the finished battery, as shown in FIG. 10.”). Han at [0061-62], Fig. 7.
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Fig. 1 of Han, depicting the outer casing 10, the vent holes 9 and outer safety valves 7, wherein a grid of battery modules is shown.
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Fig. 5 and 6(a – b), showing the transversal members (“transverse assembling positions”), creating a grid of “assembling positions,” wherein the grooves 62, 63 receive raised edge 53 in the pressure cover plate 6, wherein these edges are the “longitudinal members.” However, Examiner notes that because longitudinal and transversal aren’t defined in the claims, either label could be applied to the edges and the middle partitions which form the members.
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Fig. 7-10 of Han.
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Fig. 11- 12 of Han.
Regarding the term “for a vehicle,” in the preamble, because the preamble language does not provide antecedent basis for terms in the body of the claim (e.g., a vehicle does not appear in this or dependent claims), and because the language in the body of the claim sets out the complete invention, the term “a battery pack for a vehicle,” is a statement of the intended use within the preamble which does not limit the claim. MPEP 2111.02, 2111.02 (II).
However, Han is silent as to “a plurality of fixation brackets mounted to a rear end of the battery casing to fix the battery casing to a vehicle body.”
Murai teaches brackets 20, having fixing portions 22, which fix a battery module 10 to a floor panel of a vehicle. Murai at [0032- 35]. This apparatus provides the benefit of “[0009] promoting effective use of the space in a vehicle by mounting vertically stacked power storage modules on the vehicle, and also capable of firmly fixing the vertically stacked power storage modules to the vehicle using brackets even if the vertically stacked power storage modules are electrically connected.” Id. at [0009]. Murai also teaches the bracket 20 includes an insertion portion 23 that defines an insertion space for the positive electrode terminal P1 and the negative electrode terminal N2. Id. at [0038]. Murai at Fig. 3 depicts these brackets as corresponding to each column of cells. Id. at Fig. 3.
Applying these teachings to the apparatus shown in Fig. 8 and 10, this bracket would not interfere with the terminals as shown; in addition, [0045] teaches “plural slits (not shown) may be formed as ventilating ports,” which supports the presence of a venting valve found on this rear bracket area. Finally, Fig. 8 of Han shows a space wherein two cell stacks communicate (i.e. there is no central divider). This is a “one installation space [that] is extended toward a gap,” and because the brackets of Murai on both sides, it is “between two fixation brackets.” Finally, because the space creates a fluid communication path forming a “U” on one side, changing the orientation divider to the opposite side as shown within Fig. 8 of Han would not be expected to change the operation of the battery cell. Han at Fig. 8.
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Fig. 1 and 5 of Murai.
One of ordinary skill in the art before the effective filing date would find it obvious to further modify the battery of Han, such that it comprises a plurality of fixation brackets (brackets 20 Murai) of mounted to a rear end of the battery casing (Fig. 3 of Murai) to fix the battery casing to a vehicle body, because Murai teaches a benefit to effective space utilization and firm fixation, even when using vertical stacks (i.e., like in the battery of Han).
However, modified Han is silent as to “the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other to define a continuous gas flow path toward the venting valve,” because the installation spaces of modified Han teaches the cells are separated by insulation material. Han at [0046].
Ejiri teaches a plurality of battery cells 2 arrayed and connected together on a flat surface, wherein an end plate 3, section plates 5, and short bus bars 8 form segments or sections of the array S1, S2, S3, S4; a vent duct 15 is disposed above the plurality of battery cells, wherein “0041] In the thus-constructed vent duct 15, the gas vent valves 2f of the six battery cells 2 in the first section S1 of array A communicate with a first duct material 15A, and the gas vent valves 2f of the six battery cells 2 in the second section S2 of array A communicate with a second duct material 15B. Likewise, the gas vent valves 2f in the third section S3 communicate with a third duct material 15C, and the gas vent valves 2f in the fourth section S4 communicate with a fourth duct material 15D. The fourth duct material 15D is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15A. Similarly to the duct materials in array A, a first duct material 15E to fourth duct material 15H in array B are constructed so that the gas vent valves 2f of the battery cells 2 in the sections S1 to S4 communicate with the duct materials in the respective sections, the fourth duct material 15H is closed at the right end thereof, and the gas is released from the vent pipe 15f fixed to the opening at the left end of the first duct material 15E.” Ejiri at [0025 – 27, 40 – 43]. Ejiri teaches that this structure provides the benefit that “[0011] all gas from the gas vent valves of the battery cells can be released at the same time from the vent valves through the vent duct,” and “[0042] ensures leakage-free communication” via the sealed vent duct parts 15a (which at least implies a benefit to preventing condensate from reaching the cells despite being disposed above the cell stacks).
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that the longitudinal members include the vertical pipe parts 15a of Ejiri, such that the installation spaces communicate with the vent duct 15 (and thereby each other), such that the installation spaces are configured to communicate with each other to define a continuous gas flow path toward the venting valve, because Ejiri teaches a benefit to allowing gas to be received from all of the modules simultaneously while preventing leakage.
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Fig. 4 of Ejiri.
However, modified Han is silent as to the space securing bracket is configured to cover an upper side of the venting valve, which is exposed on a surface of the battery casing in a spaced apart manner, thereby shielding the venting valve from external impact while securing the gas discharge space and defining a discharge direction of the gas.
Watanabe teaches “[0071] The plurality of electric cells 1 are arranged to define ventilation spaces S through which a gas (cooling gas) flows between electric cells 1 adjacent in the column direction.” Watanabe at [0071]. Watanabe at Fig. 9 and 11 indicates that sections of the cell cover 331 and the terminal cover 33 have a bracket-like shape, wherein the cutout shaped terminal exposure sections 400 are bolted down via the fixation pieces 411. This indicates this assembly functions as a “space securing bracket being configured to surround an outer side of a valve,” and is also on an outer side of the battery casing.
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Fig. 9 of Watanabe.
Watanabe teaches “[0008] As a result, the gas flowing though the ventilation spaces cools the electric cells on both sides of the ventilation spaces in the battery pack, preventing an excessive temperature rise of the electric cells. It is therefore supposed that the life span of the electric cells is not reduced, and the electric cells can provide necessary performance,” and teaches a goal of the invention is to “uniformly cool” the battery pack, and implicitly by providing a designated space for ventilation. Id. at [0008 – 12]. Finally, Watanabe teaches that within its gas guidance sections 311, within the ventilation openings IP on the cell cover, these sections provide the benefit of smoothly guiding gas to the requisite opening without staying outside (i.e. being trapped) the cell restriction units of the frame. Id. at [0185].
As applied to Han, the venting valve of Han is to the corner side; however, as previously discussed, the brackets of Murai are logically located at the position of the terminals. However, Fig. 8 and 10 indicate the cell stacks of Han are in fluid communication. As such, locating the venting valve 7 of Han towards the center of the rear side as shown would not be expected to modify the operation of the device.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that it comprises a space securing bracket (a bracket portion of the gas guidance sections 311 of Watanabe, shaped as in the cover ventilation section 330 of Watanabe to fit the venting valve 7 of Han, as evidenced by [0071], Fig. 9 as discussed prior) coupled to the battery casing, positioned between the plurality of fixation brackets (i.e. towards the center; as noted above, because the brackets 20 of Murai comprise the electrical contacts and meet the terminals of Han, the venting valve fits in between them, and would not be expected to change the operation because they are in fluid communication), and disposed above the venting valve, wherein the space securing bracket is configured to cover or shield the venting valve (in a manner similar to the gas guidance sections 311 of Ejiri), which is exposed on a surface of the battery casing, in a spaced-apart manner (interpreted to mean a the gas guidance spaces form a space without being integral with the valve opening, and as modified here, the bracket defines a space and is secured via fastening portions 411 to the extending rear portion of Han in Fig. 10), thereby shielding the venting valve from external impact while securing the gas discharge space and defining a discharge direction of the gas (see the gas guidance section 311 of Ejiri), because Watanabe teaches a benefit to the uniformity of cooling, and because the rearrangement of parts is obvious where it would not modify the operation of the device. MPEP 2144.04 (VI)(C).
As modified here, Han teaches a space securing bracket coupled to an outer side of the battery casing.
However, modified Han is silent as to “wherein the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing. . . introduced into the venting valve through the empty space.”
Becker teaches “[0038] an electric battery module 1 , in particular a motor vehicle battery module, comprising a plurality of individual accumulators 2 in the form of battery elements or cells, of elongate, advantageously cylindrical, shape, preferably with a circular section, these battery elements 2 being connected electrically together and to the connection terminals 1 ′ of the module 1 and mounted in a container 3 forming part of said module 1 . [0039] In accordance with the invention, said container 3 comprises:
at least one support body 4 which defines a plurality of mutually parallel elongate housings 5 that are configured in the form of grooves or channels each for receiving a row Ri of battery elements 2 with their longitudinal axes AL perpendicular to the bottom 5 ′ of the housing 5 in question, first wedging elements 6 in the form of ladder- or frame-like perforated components which comprise side members 6 ′ and crossmembers 6 ″, disposed against and between the battery elements 2 of a row Ri and each of the two lateral walls 5 ″ of the elongate housing 5 receiving them.” Becker at [0038 – 39]. Further, regarding the compartmentalizing walls 5’’, Becker teaches “[0057] a battery sub-module 10 in the form of a block. [0058] These blocks 10 form modular assemblies,” wherein “[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.” Becker at [0057 -58], Fig. 4. Becker finally notes that “[0073] The temperature control of the support body 4 and of the battery elements 2 by a suitable means can be realized in different ways, for example by the Peltier effect, by exposure of a temperature-controlled forced air flow or the like.” However, Becker does not teach a venting valve.
This reads upon “wherein the plurality of longitudinal members [lateral walls 5’’] have heights lower than heights of the battery module [blocks 10] to directly define an empty space for gas movement . . . ,wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing (“[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.”)” Further, this provides “[0076] thermal control,” which strongly implies that, within an assembly defined by longitudinal and transversal members, transversal members having a height lower than the blocks would provide the same benefit. Finally, Becker does not teach a valve, but is introduced to demonstrate a teaching of natural convection within a battery; if applied to a base device with a venting valve and space securing bracket, this would permit the space securing bracket of Han to “set a discharge direction of the gas introduced into the venting valve through the empty space.”
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Fig. 4 of Becker.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the battery pack of Han, such that it comprises “wherein the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, wherein the installation spaces are configured to communicate with each other through the empty space within the battery casing. . . introduced into the venting valve through the empty space,” because Becker teaches a benefit to natural air flow through circulation of air by natural convection.
Claim 12 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Han, in view of Murai, Ejiri, Watanabe, and Becker, further in view of Herron (US2012231306A1), et. al.
Regarding Claim 8, Claim 8 relies upon Claim 1. Claim 1 is anticipated by Han.
Han teaches a venting valve which comprises “a safety valve 9” and a which is “configured for acid injection into and gas exhaustion from the respective cells,” wherein this valve is “provided with a rubber cap” over the valve hole 61. Han at [0046]. This at least implies the presence of a valve which seals the inside and outside spaces of the installation spaces during normal operation, and wherein the venting valve is configured to maintain a state where an inside space and the outside space of the battery casing are closed from each other in normal times. However, Han is silent as to “when an inner pressure of the battery casing is increased to be greater than an outer pressure, the venting valve is opened.”
Herron teaches a battery pack for a vehicle, having modules separated by a plurality of longitudinal members, having a “valve and an exhaust port integrated into an outer wall of the battery pack compartment, the valve being configured to seal the exhaust port under normal operating conditions and to unseal the exhaust port when at least one of the batteries within the battery pack compartment enters into thermal runaway. The valve is preferably fabricated from an elastomeric material, such as fluorosilicone, and has a cracking pressure in the range of 0.5 to 1.0 psi.” Herron at [008]. Further, Herron notes “[0005] During the initial stages of a thermal runaway event, the cell undergoing runaway becomes increasingly hot due to the increased reaction rate and the inability of the system to withdraw the heat at a rapid enough rate. As the temperature within the cell increases, so does the pressure. . . . it is not until the hot gas escapes the confines of the cell, and potentially the confines of the battery pack, that the risk to people and property damage is significant . . . [0007] it is desirable to delay the escape of hot gas from the cell or cells undergoing thermal runaway for as long as possible, and then to control the point of egress of the hot gas to the ambient environment. The present invention provides a system and method for achieving these goals, thereby limiting collateral damage and the risk to first responders and others.” Herron at [0005 – 7].
One of ordinary skill in the arty would find it obvious to modify the safety vents 7 and 9 of Han to comprise the vent structure of Herron, because Herron teaches an improvement to safety and combustion prevention.
Claim 8 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker, further in view of Herron.
Regarding Claim 9, Claim 9 relies upon Claim 8. Claim 8 is obvious over modified Han.
Han teaches two valves, a series of individual safety valves 9 above each installation space, and the outer safety valve 7 which communicates with the outside environment. This reads on “a separate vent valve [safety valve 9] configured to be opened and closed to adjust the inner pressure of the battery casing in the normal times.”
Claim 9 is obvious over Han, in view of Murai, Ejiri, Watanabe, and Becker, further in view of Herron.
Response to Arguments
Applicant’s arguments with respect to claim 11-12 found within the Applicant Arguments / Remarks Made in an Amendment of 06/24/2026 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.
Applicant’s arguments pertaining to Ejiri and Han found on pages 8-11 are addressed below:
The previous combination of Han, in view of Murai, Ejiri, and Watanabe, as applied to the claim set of 02/18/2026 presented “installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other to define a continuous gas flow path toward the venting valve.” However, the new claim set of 06/24/2026 now requires “the plurality of longitudinal members and the plurality of transversal members have heights lower than heights of the battery modules to directly define an empty space for gas movement between an upper side of the longitudinal and transversal members and an upper cover of the battery casing, the installation spaces formed by the plurality of longitudinal members and the plurality of transversal members are configured to communicate with each other through the empty space within the battery casing.” While Ejiri is still relied upon because it demonstrates why it is beneficial for the battery modules to be in fluid communication, Becker is presented to specifically lay out why “natural convection” is beneficial over an enclosed duct. Becker teaches “[0038] an electric battery module 1 , in particular a motor vehicle battery module, comprising a plurality of individual accumulators 2 in the form of battery elements or cells, of elongate, advantageously cylindrical, shape, preferably with a circular section, these battery elements 2 being connected electrically together and to the connection terminals 1 ′ of the module 1 and mounted in a container 3 forming part of said module 1 . [0039] In accordance with the invention, said container 3 comprises:
at least one support body 4 which defines a plurality of mutually parallel elongate housings 5 that are configured in the form of grooves or channels each for receiving a row Ri of battery elements 2 with their longitudinal axes AL perpendicular to the bottom 5 ′ of the housing 5 in question, first wedging elements 6 in the form of ladder- or frame-like perforated components which comprise side members 6 ′ and crossmembers 6 ″, disposed against and between the battery elements 2 of a row Ri and each of the two lateral walls 5 ″ of the elongate housing 5 receiving them.” Becker at [0038 – 39]. Further, regarding the compartmentalizing walls 5’’, Becker teaches “[0057] a battery sub-module 10 in the form of a block. [0058] These blocks 10 form modular assemblies,” wherein “[0080] a height of the compartmentalizing walls 5 ″ less than that of the blocks 10 also promotes the circulation of air by natural convection in a battery 22 containing one or more battery modules 1.” Becker at [0057 -58], Fig. 4. Becker finally notes that “[0073] The temperature control of the support body 4 and of the battery elements 2 by a suitable means can be realized in different ways, for example by the Peltier effect, by exposure of a temperature-controlled forced air flow or the like.” However, Becker does not teach a venting valve.
This renders Applicant’s initial arguments regarding the sealed pipes of Ejiri no longer applicable. Regarding the argument that “secondly, Han is expressly directed to isolating its cells for safety and insulation purposes. Any modification to the physical heights of Han's internal pressure frame so as to create open, continuous 'empty spaces' extending across the battery pack would fundamentally undermine and destroy this isolation function. In other words, such a modification would defeat Han's intended principle of operation,” this does not capture the full scope of Han’s disclosure. Han discloses that the insulation is intended to prevent flow of liquid and gas from the safety valve / liquid injection ports. Han at [0046]. Because the structure of Han (standing alone) disposes these valves 9 at the top of each cell stack, this is straightforwardly directed towards preventing leakage; however, this has the side effect of preventing air flow which could remove heat between the cells, which also has safety consequences (in the form of overheating and fire risk) as discussed within Ejiri and Becker (in particular convective air flow between cell stacks as discussed in Becker). Creating a space between the cells for convective air flow thus would not render the prior art device inoperable for it’s intended purpose, although this would represent a tradeoff between maximal insulation and improved heat performance.
Regarding Applicant’s third argument regarding the fixation brackets, the previous Non-Final Rejection stated “Watanabe teaches “[0071] The plurality of electric cells 1 are arranged to define ventilation spaces S through which a gas (cooling gas) flows between electric cells 1 adjacent in the column direction.” Watanabe at [0071]. Watanabe at Fig. 9 and 11 indicates that sections of the cell cover 331 and the terminal cover 33 have a bracket-like shape, wherein the cutout shaped terminal exposure sections 400 are bolted down via the fixation pieces 411. This indicates this assembly functions as a “two fixation brackets” which for a gap which covers the venting valve.” Applicant argues that “regarding the fixation brackets and gas discharge space (gap), the Examiner asserted that it would have been obvious to relocate Murai's side-mounted fixation brackets 20 to the rear terminal portion of Han to create space (gap) between two brackets through which gas is discharged. . . Watanabe's cell cover 331 and terminal cover 33 are merely internal electrical terminal protection covers, and the cutout-shaped terminal exposure sections 400 (as shown in Fig. 11 of Watanabe) is a terminal exposure opening rather than a gas discharge outlet. These structures do not correspond to the claimed fixation brackets and gas discharge space.” However, Watanabe teaches the air flow “[0153] The battery pack P can release heat generated by electrical charge and discharge of the cell modules 3 to prevent an excessive temperature rise of the electric cells 1 . More specifically, the battery pack P creates a flow of gas in the packaging case 2 to cool the electric cells 1 by the flow of the gas,” and “[0185] The inside ventilation openings IP are formed, corresponding to the arrangement of the electric cells 1 , in the cell restriction units 357 a and 357 b of the upper frame 350 , and the gas guidance sections 311 are formed, corresponding to the arrangement of the inside ventilation openings IP, on the cell cover 31 that covers the upper frame 350 . As a result, the gas is smoothly guided to the inside ventilation openings IP without staying outside the cell restriction units 357 a and 357 b of the upper frame 350 (areas where the connection terminals 11 a and 11 b are located).” In order for this gas to reach the ventilation openings on the cell cover 31, these flow through the cutouts shown in the fixation member main body of Fig. 11 of Watanabe, into the cutouts in the top cover 31, having gas guidance sections 311. Watanabe at [0185], Fig. 9,11. Logically, this air would also flow out of the cutout at the top left of the cover 31, which also corresponds to the location of the location of case linkage sections 41, which are mirrored on both sides of the module fixation member 4. This is the “gas discharge space” contemplated by the modification, and meets “the venting valve is positioned to discharge the gas through a gap defined between the two fixation brackets” when applied to the combination of modified Han.
Applicant’s final argument regarding the alleged inconsistency are met by the above arguments; the rejection of Claim 2 relies upon the final combination of references, which does teach communicating cell spaces. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). For clarity, the citation in the Claim 2 analysis now references Fig. 4 of Becker, which does present the communication spaces as newly claimed.
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 KRISHNA RAJAN HAMMOND whose telephone number is (571)272-9997. The examiner can normally be reached 9:00 - 6:30 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at (571) 270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.R.H./Examiner , Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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