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 .
Status of Claims
Claims 1-13 and 20-26 remain pending. Claims 2 and 14-19 are cancelled as noted in the claim set filed 9/16/2025.
Claim 8 is withdrawn subject to the restriction requirement filed 3/31/2025 and it was a non-elected species by the applicant in the response filed 4/9/2025.
Prosecution History
Prosecution has been reopened to better address the dependent claims. The examiner sent out a final rejection on 8/20/2025 based on the claim set filed 7/16/2025. Applicant sent a claim amendment on 9/16/2025 in the Response After Final Action, wherein Applicant canceled claim 2 and amended claim 1 to include the limitations of claim 2. The examiner entered the claim amendment in the advisory action on 9/25/2025. Applicant filed Appeal brief on 11/11/2025, wherein the applicant argues the Final Office action sent out 8/20/2025 does not read on the claim amendment filed 9/16/2025. The Applicant’s argument is persuasive because the combination of the amended claim 1 that includes the limitations of claim 2 combined with all the rest of the dependent claims has not been considered nor addressed in the Final Office Action sent out 8/20/2025 prior to the claim amendments filed on 9/16/2025. The prosecution is reopened and a new non-final is issued.
Response to Amendment
Applicant’s amendment to the claims has overcome the objections to the claim objection of claim 1 previously set forth in the Non-Final Office Action mailed 4/29/2025.
The amendment filed 9/16/2025 has been entered. Claims 1, 3-13, and 20-26 remain pending in this application. The examiner acknowledges no new matter has been added.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
As per MPEP 71413 (III) regarding entering of amendments after final - "Examiners should indicate the status of each claim of record or proposed in the amendment, and which proposed claims would be entered on the filing of an appeal if filed in a separate paper. Whenever such an amendment is entered for appeal purposes, the examiner must indicate on the advisory action which individual rejection(s) set forth in the action from which the appeal was taken would be used to reject the new or amended claim(s)."
In view of the appeal brief filed on 11/11/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723
Specification
The disclosure is objected to because of the following informalities:
Paragraph 45 of the instant specification refers to “attachment portion 46” in lines 6 and 7. However, throughout the rest of the instant specification, the cell stacks are referred to as cell stack(s) 46 and the attachment portion is referred to as attachment portion(s) 78.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 1, 3-6, 12, 13, and 20-25 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2023/0253662 A1) in view of Choi et al. (US 2018/0145294 A1). Choi et al. was cited in the non-final rejection filed 4/17/2025.
Regarding claim 1, Jeon et al. teaches a battery pack assembly (see e.g. battery pack 200 in Para. 149 and Fig. 16), comprising:
a first cell stack (see e.g. first stack 140a of cell stack 140 in Para. 68 and Fig. 2) having a first side and a second side, the first side transverse to the second side (see e.g. annotations of annotated Fig. E in which the first and second sides are transverse from each other);
a second cell stack alongside the first cell stack and adjacent to the first side of the first cell stack (see e.g. second cell stack 140B of cell stack 140 in Para. 68 and Fig. 2 next to and adjacent to the first stack 140a in Fig. 2); and
a divider (see e.g. frame member 120 in Para. 62 and Fig. 2 and 9A) having a barrier portion (see e.g. partition member 128 of the frame member 120 in Para. 60-62, Fig. 2, and Fig. 9A-9B) and an attachment portion (see e.g. first plate 121 and second plate 125 of the frame member 120 in Para. 119 and Fig. 9A-9B), the barrier portion disposed between the first side of the first cell stack and the second cell stack (see e.g. partition member 128 in Para. 60-62, Fig. 2, and Fig. 9A-9B disposed between the two stacks 140A and 140B in Fig. 9B and annotated Fig. E),
wherein the first cell stack includes a plurality of battery cells disposed along an axis (see e.g. first stack 140a of cell stack 140 in Para. 68 and Fig. 2 and the first axis as shown in annotated Fig. E), wherein the first side of the first cell stack is a laterally facing side of the first cell stack that faces outward away from the axis (see e.g. annotated Fig. E where the first side is laterally facing side of the stack and faces outward away from the first axis), wherein the first side of the first cell stack faces the second cell stack (see e.g. the first side faces the adjacent second cell stack 140B in annotated Fig. E).
Jeon et al. teaches the first frame 120A and second frame 120B may press the cell stacks 140 in the second coupling position along the vertical direction Z in Fig. 9A-9C. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90.
Jeon et al. fails to explicitly teach the attachment portion secured directly to the second side of the first cell stack.
Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyurethane compressible pad of Jeon et al., to be polyurethane double-sided adhesive tape, as taught by Choi et al., and thus use double-sided tape to attach the frame member 120 to the battery stacks 140A and 140B of Jeon et al., as taught by Choi et al., to provide stability and limit shaking and movement of the frame and electrodes vibrations are applied as noted in Para. 54-55 of Choi et al..
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Figure E. Annotated Fig. E of Fig. 2 of Jeon et al.
Regarding claim 3, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, wherein the attachment portion is adhesively secured to a top plate on the second side, the top plate covering vertically upward facing sides of battery cells in the first cell stack (see e.g. Jeon et al. teaches a top plate on the second side of the first cell stack, the top plate covering vertically upward facing sides of battery cells in the first cell stack by the top battery cell 150 in the stack in Para. 129 and Fig. 5 that in the vertical z-axis covers or resides above all of the upward facing sides in the vertical z-axis of the rest of the battery cells 150 in the cell stack 140. The claim as currently worded does not require the top plate to cover all of the battery cells in the first cell stack, just “battery cells in the first cell stack.” Additionally, plate is a broad term that’s definition includes a thin, flat sheet of a material. Jeon et al. teaches the first plate 121 and second plate 125 in Para. 119 and Fig. 9A-9B. See Rejection of claim 1. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90. Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74).
Regarding claim 4, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, further comprising a double sided tape that secures the attachment portion to the second side (see e.g. rejection of claim 1 above. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90. Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74.
Regarding claim 5, Jeon et al. in view of Choi et al. teaches the battery pack assembly, wherein the second side is a vertically upward facing side of the first cell stack (see e.g. Jeon al. teaches this by annotated Fig. E in which the second side is vertically facing upward in the same direction of the z-axis).
Regarding claim 6, Jeon et al. in view of Choi et al. teaches the battery pack assembly, wherein the first cell stack and the second cell stack (see e.g. Jeon et al. teaches first stack 140a and second stack 140b of cell stack 140 in Para. 68 and Fig. 2 and 9B) each include a plurality of pouch cells (see e.g. Jeon et al. teaches each of the cell stacks 140a and 140b comprise a plurality of battery cells 150 in Para. 84 and 113 and Fig. 2 and 9B. The battery cells 150 may be pouch-type secondary batteries in Para. 98) disposed along a respective cell stack axis (see e.g. Jeon et al. teaches the battery cells 150, as seen in annotated Fig. E and Fig. 5 a, 6, 9a, and 9b are each disposed along a z-axis), the cell stack axis of the first cell stack spaced from the cell stack axis of the second cell stack (see e.g. Jeon et al. teaches, as noted in annotated Fig. E, the two vertical cell stack axis that are spaced apart and the result in Fig. 9C would lead to them still being spaced apart).
Regarding claim 12, Jeon et al. in view of Choi et al. teaches the battery pack of claim 1, further comprising a traction battery pack enclosure that encloses the first cell stack, the second cell stack, and the divider (see e.g. Jeon et al. teaches the battery module may reasonably be used in the field of vehicles based on Para. 3. The battery modules 100 may be placed in a pack case 210 in Para. 205 and Fig. 16 that would include a pack cover. The battery module 100 includes the first cell stack 140a, second cell stack 140b, and frame member 120 in Fig. 2 and Para. 57, 59, 62, and 68).
Regarding claim 13, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1 , wherein the first cell stack and the second cell stack are part of a traction battery pack assembly (see e.g. Jeon et al. teaches the battery module 100 may include the first cell stack 140a and 140b in Para. 57 and 68. The battery module may reasonably be used in the field of vehicles based on Para. 3).
Regarding claim 20, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, wherein the barrier portion spans over a plurality of pouch cells of the first cell stack (see e.g. Jeon et al. teaches the partition member 128 which as seen in Fig. 2, 9B, and 9C spans over the sides of the first cell stack 140a which comprises battery cells 50 in Para. 58, 61, and 68.The battery cells 150 may be pouch-type secondary batteries in Para. 98).
Regarding claim 21, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, wherein a cell stack axis of the first cell stack is substantially parallel to a cell stack axis of the second cell stack (see e.g. Jeon et al. teaches, as shown in annotated Fig. E, the first cell stack and second cell stack reside along parallel axes).
Regarding claim 22, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, wherein the first cell stack includes a plurality of battery cells disposed along a first cell stack axis and the second cell stack includes plurality of battery cells disposed along a different second cell stack axis (see e.g. Jeon et al. teaches each of the cell stacks 140a and 140b comprise a plurality of battery cells 150 in Para. 84 and 113 and Fig. 2 and 9B. The battery cells 150, as seen in annotated Fig. E and Fig. 5 a, 6, 9a, and 9b are each disposed along a z-axis that correlates with a spaced apart first cell axis and second cell axis as shown in annotated Fig. E).
Regarding claim 23, Jeon et al. teaches a battery pack assembly (see e.g. battery pack 200 in Para. 149 and Fig. 16), comprising:
a first cell stack (see e.g. first stack 140a of cell stack 140 in Para. 68 and Fig. 2) having a plurality of first battery cells disposed along a first cell stack axis (see e.g. first cell stacks 140a comprises a plurality of battery cells 150 in Para. 84 and 113 and Fig. 2 and 9B. The battery cells 150, as seen in annotated Fig. E and Fig. 5 a, 6, 9a, and 9b are disposed along a z-axis noted by first axis in annotated Fig. E), having a first side facing away from the first cell stack axis and a second side facing away from the first cell stack axis, the first side transverse to the second side (see e.g. annotations of annotated Fig. E in which the first side is transversely or perpendicularly facing away from the first cell stack axis. See the second side faces upward, outward, and away from the battery cells and the first axis, which is the axis the battery cells are disposed along, i.e. internal);
a second cell stack (see e.g. second cell stack 140B of cell stack 140 in Para. 68 and Fig. 2) having a plurality of second battery cells disposed along a second cell stack axis (see e.g. second cell stacks 140b comprises a plurality of battery cells 150 in Para. 84 and 113 and Fig. 2 and 9B. The battery cells 150, as seen in annotated Fig. E and Fig. 5 a, 6, 9a, and 9b are disposed along a z-axis noted by second axis in annotated Fig. E); and
a divider (see e.g. frame member 120 in Para. 62 and Fig. 2 and 9A) having a barrier portion (see e.g. partition member 128 of the frame member 120 in Para. 60-62, Fig. 2, and Fig. 9A-9B) and an attachment portion (see e.g. first plate 121 and second plate 125 of the frame member 120 in Para. 119 and Fig. 9A-9B), the barrier portion disposed between the first side of the first cell stack and the second cell stack (see e.g. partition member 128 in Para. 60-62, Fig. 2, and Fig. 9A-9B disposed between the two stacks 140A and 140B in Fig. 9B and annotated Fig. E).
Jeon et al. teaches the first frame 120A and second frame 120B may press the cell stacks 140 in the second coupling position along the vertical direction Z in Fig. 9A-9C. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90.
Jeon et al. fails to explicitly teach the attachment portion secured directly to the second side of the first cell stack.
Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyurethane compressible pad of Jeon et al., to be polyurethane double-sided adhesive tape, as taught by Choi et al., and thus use double-sided tape to attach the frame member 120 to the battery stacks 140A and 140B of Jeon et al., as taught by Choi et al., to provide stability and limit shaking and movement of the frame and electrodes vibrations are applied as noted in Para. 54-55 of Choi et al..
Regarding claim 24, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 23, further comprising at least one first spacer spacing the divider a distance from the first cell stack (see e.g. Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128, spacing them apart, in Fig. 2 and 13 and Para. 155 and 157. The cell stack 140 includes the first cell stack 140a in Para. 68).
Regarding claim 25, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 24, further comprising at least one second spacer spacing the divider a distance from the second cell stack (see e.g. Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128 in Fig. 2 and 13 and Para. 155 and 157. The cell stack 140 includes the second cell stack 140b in Para. 68).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2023/0253662 A1) in view of Choi et al. (US 2018/0145294 A1), as applied to claim 1 above, and further in view of Brooker et al. (GB 2304451 A). Brooker et al. was cited in the non-final rejection filed 4/17/2025.
Regarding claim 7, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1.
Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128 in Fig. 2 and 13 and Para. 155 and 157. The heat insulating members 147, between Fig. 2 and 13, appear to sandwich the partition member 128. Because each heat insulating member 147 space the first cell stack 140a away from the other cell stack 140b, it may be reasonably considered part of the divider. The heating insulating member 147 may be mica in Para.
Jeon et al. in view of Choi et al. fails to explicitly teach wherein the divider comprises a first and a second mica layer sandwiching a ceramic layer.
However, Brooker et al. teaches partitions between batteries in which the inner layer may be ceramic for strength and rigidity and the other layers may be mica to be electrically insulating for partitions between adjacent rows of cells. Brooker et al. teaches wherein the divider comprises a first and a second mica layer sandwiching a ceramic layer as seen in Fig. 2, Fig. 4, labeled page 5 line 6-17, and labeled page 10 line 7-18.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the spacer of Jeon et al. in view of Choi et al. to be made of a ceramic layer, as taught by Brooker et al., resulting in two mica layers sandwiching a ceramic letter. Brooker et al. teaches the benefit of electrical insulation and rigidity between batteries as seen in Fig. 2, Fig. 4, labeled page 5 line 6-17, and labeled page 10 line 7-18 of Brooker et al.
Claims 9, 10, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2023/0253662 A1) in view of Choi et al. (US 2018/0145294 A1), as applied to claim 1 and 25 above, and further in view of Evans et al. (US 2021/0163303 A1). Evans et al. was cited in the IDS filed 09/13/2022.
Regarding claim 9, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1, wherein the divider includes a spacer attached to the barrier portion, the spacer configured to contact the first side to space the barrier portion from the first side (see e.g. Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128 of the frame member 120, contacting the first side of the first cell stack 140a to space it from the partition member 128, in Fig. 2 and 13 and Para. 155 and 157. The cell stack 140 includes the first cell stack 140a in Para. 68. The heating insulating member 147 may be aerogel in Para. 155).
Jeon et al. in view of Choi et al. fails to explicitly teach wherein the divider includes a foam spacer attached to the barrier portion, the foam spacer configured to contact the first side to space the barrier portion from the first side.
However, Evans et al. teaches reinforced aerogel compositions separating battery cells to improve various performances aspects including in compressibility, compressional resilience, compliance, thermal resistance, hydrophobicity, fire reaction and others, individually and in one or more combinations in Para. 8-9. Evans et al. teaches an embodiment in Para. 14, Para. 148, and Fig. 8 in which the heat control member 30 comprises exterior layers of reinforced aerogel composition opposite each other. Para. 69 and 72 establish this can be materials categorized as foams and foam-like materials and that help provide favorable properties for compressibility, compressional resilience, and compliance in Para. 115. Evans teaches in Para. 5 that this the purpose of the barrier is to block propagation of thermal runaway to adjacent cells. Para. 154 teaches the aerogel compositions sheet material can be used to form a thermal barrier between battery cells.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerogel heat insulating members of Jeon et al. in view of Choi et al., to be aerogel foam, as taught by Evans et al., to improve various performance aspects, particularly compressibility, compressional resilience, and compliance as noted in Para. 8-9. and 115 of Evans et al.
Regarding claim 10, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 9, wherein the foam spacer is a first foam spacer attached to a first side of the barrier portion, and further comprising a second foam spacer attached to an opposite, second side of the barrier portion, the second foam spacer configured to contact the second cell stack to space the barrier portion from the second cell stack (see e.g. rejection of claim 9 above. Jeon et al. teaches two heat insulating members 147 that may be installed between each cell stack 140 and the partition member 128, in Fig. 2 and 13 and Para. 155 and 157. Fig. 13 shows how the heat insulating members 147 contact and sandwich each side of the partition member 128. The cell stack 140 includes the first cell stack 140a and second cell stack 140b in Para. 68. As seen between Fig. 2 and Fig. 13, a heat insulating member 147 spaces each of the two cell stacks apart from the barrier portion 128. The heating insulating member 147 may be aerogel in Para. 155. Evans et al. notes in Para. 69, 72, and 115 a foam aerogel material between batteries for compressibility, compressional resistance, and compliance).
Regarding claim 26, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 25.
Jeon et al. teaches a first and second spacer (see e.g. Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128 in Fig. 2 and 13 and Para. 155 and 157. The cell stack 140 includes the first cell stack 140a and second cell stack 140b in Para. 68. The heating insulating member 147 may be aerogel in Para. 155).
Jeon et al. in view of Choi et al. fails to explicitly teach wherein the at least one first spacer and the at least one second spacer comprises strips of foam
However, Evans et al. teaches reinforced aerogel compositions separating battery cells to improve various performances aspects including in compressibility, compressional resilience, compliance, thermal resistance, hydrophobicity, fire reaction and others, individually and in one or more combinations in Para. 8-9. Evans et al. teaches an embodiment in Para. 14, Para. 148, and Fig. 8 in which the heat control member 30 comprises exterior layers of reinforced aerogel composition opposite each other. Para. 69 and 72 establish this can be materials categorized as foams and foam-like materials and that help provide favorable properties for compressibility, compressional resilience, and compliance in Para. 115. Evans teaches in Para. 5 that this the purpose of the barrier is to block propagation of thermal runaway to adjacent cells. Para. 154 teaches the aerogel compositions sheet material can be used to form a thermal barrier between battery cells.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerogel heat insulating members of Jeon et al. in view of Choi et al., to be aerogel foam, as taught by Evans et al., to improve various performance aspects, particularly compressibility, compressional resilience, and compliance as noted in Para. 8-9. and 115 of Evans et al.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2023/0253662 A1) in view of Choi et al. (US 2018/0145294 A1), as applied to claim 1 above, and further in view of Burkman et al. (US 2018/0233724 A1). Burkman et al. was cited in the non-final rejection filed 4/17/2025.
Regarding claim 11, Jeon et al. in view of Choi et al. teaches the battery pack assembly of claim 1.
Jeon et al. teaches a divider (see e.g. frame member 120 in Para. 62 and Fig. 2 and 9A) having a barrier portion (see e.g. partition member 128 in Para. 60-62, Fig. 2, and Fig. 9A-9B) and an attachment portion (see e.g. first plate 121 and second plate 125 in Para. 119 and Fig. 9A-9B).
Jeon et al. in view of Choi et al. fails to explicitly teach further comprising a living hinge of the divider, the living hinge connecting the barrier portion to the attachment portion.
However, Burkman et al. teaches in Para. 17 and Fig. 2 tabs or flaps 60 connected to spacers 18 via a living hinge 62 for securing batteries to adjacent batteries by Fig. 2 and Para. 5. A similar embodiment is shown in Para. 18, Para. 20, Fig. 3, Fig. 4 of a living hinge to provide the flaps to be pivotable between open and closed positions Para. 17.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the sides of the first plate 121 of the frame member 120 of Jeon et al. in view of Choi et al. that is disposed between battery cell stacks 140 to be connected to the rest of the framing member 120 via a living hinge, as taught by Burkman et al., so that the plate ends can be pivotable between open and closed positions as discussed in Burkman et al. in Para. 17. This allows for the battery to be secured in a closed position, but for reasons such as needing to switch out batteries or run diagnostic checks on a particular battery, the living hinge allows for the battery to be removed or more easily accessed in an open position. It is further an obvious alternative to the frame structure of Jeon et al. in view of Choi et al. for the same purpose of securing batteries that leads to predictable results.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 6, 9, 10, and 11 filed 7/16/2025 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that Maguire et al. cannot be modified by Choi et al. as the reasoning of the modification and benefits is not rationally based. This is noted in page 6 paragraph 4 to page 7 paragraph 6 of Applicant’s arguments filed 7/16/2025. However, the current office action relies upon Jeon et al. in view of Choi et al.. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90. Jeon et al. fails to explicitly teach the attachment portion secured directly to the second side of the first cell stack. However, Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyurethane compressible pad of Jeon et al., to be polyurethane double-sided adhesive tape, as taught by Choi et al., and thus use double-sided tape to attach the frame member 120 to the battery stacks 140A and 140B of Jeon et al., as taught by Choi et al., to provide stability and limit shaking and movement of the frame and electrodes vibrations are applied as noted in Para. 54-55 of Choi et al.. Thus, there is a proper rationale of what Jeon et al. teaches, what Jeon et al. fails to teach, what Choi et al. teaches with proper motivation, and the resulting combination of the two teachings in the same field. Whether or not the primary reference Jeon et al. has the exact stacking frame of Choi et al., it would still receive the benefits of limiting shaking and movement of the frame and batteries or electrodes. This modification is proper.
Response to Appeal Brief
Applicant’s arguments with respect to claims 1, 3-7, 9-13, and 20-26 filed 11/11/2025 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that Maguire et al. cannot be modified by Choi et al. as the reasoning of the modification and benefits is not rationally based. This is noted in page 7 paragraph 5 to page 8 paragraph 4 and page 8 paragraph 9 of Appeal Brief filed 11/11/2025. However, the current office action relies upon Jeon et al. in view of Choi et al.. Jeon et al. teaches a compressible pad 149 in Para. 90, that as seen in Para. 92 and Fig. 13, resides between the first plate 121 and the two battery stacks 140a and 140b comprising the cells 150. The compressible pad 149 may be polyurethane in Para. 90. Jeon et al. fails to explicitly teach the attachment portion secured directly to the second side of the first cell stack. However, Choi et al. teaches adhering the terrace portion T of stacking frame 130 to the secondary battery 110 with double-sided adhesive tape 120 as an adhesive to provide stability and limit shaking of the stacking frame and electrode lead 115 moving when vibrations are applied in Para. 54-55 and Fig. 2. Choi et al. teaches the double-sided adhesive tape may be polyurethane in Para. 74. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyurethane compressible pad of Jeon et al., to be polyurethane double-sided adhesive tape, as taught by Choi et al., and thus use double-sided tape to attach the frame member 120 to the battery stacks 140A and 140B of Jeon et al., as taught by Choi et al., to provide stability and limit shaking and movement of the frame and electrodes vibrations are applied as noted in Para. 54-55 of Choi et al.. Thus, there is a proper rationale of what Jeon et al. teaches, what Jeon et al. fails to teach, what Choi et al. teaches with proper motivation, and the resulting combination of the two teachings in the same field. Whether or not the primary reference Jeon et al. has the exact stacking frame of Choi et al., it would still receive the benefits of limiting shaking and movement of the frame and batteries or electrodes. This modification is proper.
Applicant argues that Maguire et al. cannot be modified by Evans et al. because it would not result in improving performance aspects or compressibility as is alleged. This is noted in page 9 paragraph 4-5 and page 10 paragraph 2 of Appeal Brief filed 11/11/2025. Jeon et al. in view of Choi et al. teaches a spacer configured to contact the first side to space the barrier portion from the first side (see e.g. Jeon et al. teaches a heat insulating member 147 that may be installed between each cell stack 140 and the partition member 128 of the frame member 120, contacting the first side of the first cell stack 140a to space it from the partition member 128, in Fig. 2 and 13 and Para. 155 and 157. The cell stack 140 includes the first cell stack 140a in Para. 68. The heating insulating member 147 may be aerogel in Para. 155). Jeon et al. in view of Choi et al. fails to explicitly teach wherein the divider includes a foam spacer attached to the barrier portion, the foam spacer configured to contact the first side to space the barrier portion from the first side. However, Evans et al. teaches reinforced aerogel compositions separating battery cells to improve various performances aspects including in compressibility, compressional resilience, compliance, thermal resistance, hydrophobicity, fire reaction and others, individually and in one or more combinations in Para. 8-9. Evans et al. teaches an embodiment in Para. 14, Para. 148, and Fig. 8 in which the heat control member 30 comprises exterior layers of reinforced aerogel composition opposite each other. Para. 69 and 72 establish this can be materials categorized as foams and foam-like materials and that help provide favorable properties for compressibility, compressional resilience, and compliance in Para. 115. Evans teaches in Para. 5 that this the purpose of the barrier is to block propagation of thermal runaway to adjacent cells. Para. 154 teaches the aerogel compositions sheet material can be used to form a thermal barrier between battery cells. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerogel heat insulating members of Jeon et al. in view of Choi et al., to be aerogel foam, as taught by Evans et al., to improve various performance aspects, particularly compressibility, compressional resilience, and compliance as noted in Para. 8-9. and 115 of Evans et al. Thus, there is a proper rationale of what Jeon et al. in view of Choi et al. teaches, what Jeon et al. in view of Choi et al. fails to teach, what Evans et al. teaches with proper motivation, and the resulting combination of the teachings in the same field. The benefits of adding aerogel foam for compressibility between batteries and on the exterior of battery separators or dividers is clear. The orientation and quantity of the cells relative to the aerogel foam layer does not negate the compressibility benefits of an aerogel foam layer. This modification is proper.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2019/177275 A1 teaches battery module packaging that acts as a barrier. This was cited in the Non-Final Rejection filed 4/29/2025.
WO 2022/092654 A1 teaches battery stack spacers. This was cited in the Non-Final Rejection filed 4/29/2025.
US 2013/0164592 A1 teaches casing for battery modules each comprising a plurality of battery cells. This was cited in the Non-Final Rejection filed 4/29/2025.
US 2021/0083240 teaches tray and cross members between battery arrays. This was cited in the Non-Final Rejection filed 4/29/2025.
US 2021/0036278 A1 teaches adhesive applied to the top of a battery module between a structure as part of a divider.
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/K.J.M./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723