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 .
Election/Restrictions
Applicant’s election of Invention I and Species A1, drawn to claims 1-6 and 9-20 in the reply filed on 04/23/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/20/2023 and 04/19/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because figures 2, 3, 7, 8, and 11 are not in compliance with 37 C.F.R. 1.84(m), which states that solid black shading areas are not permitted, except when used to represent bar graph symbols or color.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 does not have indentations for each element of the invention. MPEP section 608.01(m) requires that where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation (See 37 C.F.R. 1.75(i)).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 and 9-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite due to the limitation “the first portion and the second portion are detachably connected to each other, the battery is connected to the first portion, or the battery is connected to the second portion”. Here, it is unclear if the conditions presented here are presented in an “A or B or C” format, where only one is required, or if they are presented in the form “A and B or C”, where one of the two conditions separated by “or” is required and the first condition is always required. For the purpose of this office action, this claim is interpreted as requiring that one of the two conditions separated by “or” is required and the first condition is always required.
Claim 13 is indefinite due to the limitation “wherein the pressure relief structure and the bottom plate are disposed at intervals.”. This limitation requires that two components, the pressure relief structure and the bottom plate, are disposed such that there are multiple intervals present. It is unclear what relationship between the pressure relief structure and bottom plate is required by this limitation, as multiple intervals cannot be present between two components, only a single interval. Based on figure 1 and specification paragraph 0074, which depicts pressure relief structure 21 and bottom plate 11 being disposed with an interval between them, this claim is interpreted as requiring that the pressure relief structure and the bottom plate are disposed at an interval.
Claim 14 is indefinite due to the limitation “wherein the terminal assembly and the bottom plate are disposed at intervals.”. This limitation requires that two components, the terminal assembly and the bottom plate, are disposed such that there are multiple intervals present. It is unclear what relationship between the terminal assembly and bottom plate is required by this limitation, as multiple intervals cannot be present between two components, only a single interval. Based on figure 1 and specification paragraph 0074, which depicts terminal assembly 22 and bottom plate 11 being disposed with an interval between them, this claim is interpreted as requiring that the terminal assembly and the bottom plate are disposed at an interval.
Additionally, Claims 2-6 and 9-20 are rejected as being indefinite due to their dependence on an indefinite claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 9, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You (WO 2020177738 A1 with EPO translation used for citation purposes).
Regarding Claim 1, You is an analogous art to the instant application, being directed towards the art of battery modules (Abstract, “The present application relates to a battery module (1), comprising battery cell arrangement structures (10)”). You discloses a battery pack comprising a battery box and battery, wherein the battery is provided in the battery box (Abstract, “a first cover (13), and a second cover (14), the first cover (13) being connected to the second cover (14), and the battery cell arrangement structure (10) being provided between the first cover (13) and the second cover (13).”). You further discloses structure where the battery box comprises a main frame, which comprises a first portion 131/132 and a second portion 14 that are stacked up, as shown in You’s figures 5 and 6, where the first portion and second portion are detachably connected to each other (Paragraph 0015, “In addition, the first supporting part and the second supporting part are connected by welding, riveting, bonding or bolting; and/or, the first lower cover part and the second lower cover part are connected by welding, riveting, Connect by bonding or bolting.”) where riveting or bolting represents a detachable connection method, and the battery 102 is connected to the first portion 131 and the second portion 132.
Regarding Claim 2, You anticipates the invention of Claim 1. Additionally, You discloses structure where the battery 102 is bonded with the second portion (Paragraph 0080, “In all the embodiments, the first supporting portion 131 and/or the second supporting portion 132 are attached to the battery cell arrangement structure 10 by glue.”).
Regarding Claim 3, You anticipates the invention of Claim 1. Additionally, You discloses structure where the battery box further comprises a bottom plate 17, shown in their figure 5, wherein the main frame is connected to the bottom plate to form an accommodating space (Paragraph 0082, “For example, as shown in FIGS. 5 to 6, the battery module 1 further includes a fixing member 17, and the first supporting portion 131 is connected to the second supporting portion 132 through the fixing member 17.”). Additionally, You discloses structure where the bottom plate is connected to a side of the main frame adjacent to the second portion, as it is connected to the bottom sides of 131 and 132, where the sides are adjacent to the second portion.
Regarding Claim 4, You anticipates the invention of Claim 3. Additionally, You discloses structure where the battery box further comprises a top cover 2, shown in their figure 1, which is connected to a top end of the main frame away from the bottom plate, where the bottom plate is connected to a bottom end of the main frame. Additionally, the top cover is connected to another side of the main frame adjacent to the first portion, being connected to the top side, which is adjacent to the first portion 131/132, which extends along to a lateral side of the main frame.
Regarding Claim 5, You anticipates the invention of Claim 4. Additionally, You discloses structure where the main frame further comprises a support portion, the support portion being the first fixing portion 134 and second fixing portion 135, which are in contact with the battery as shown in figure 5.
Regarding Claim 6, You anticipates the invention of Claim 5. Additionally, the support portion 134/135 extend from the first portions 131/132, as shown in figure 5. Additionally, a line can be drawn from the support portions to the bottom plate, with said line intersecting with the battery. Accordingly, the battery is located in between the support portion and the bottom plate.
Regarding Claim 9, You discloses the invention as presented in claim 4. Additionally, in regards to the limitation which requires that the top cover comprises a heat exchange channel, “heat exchange channel” is interpreted as a pathway through which heat may be used to heat or cool the battery, consistent with specification paragraph 0058 (“In an embodiment, the top cover 13 includes a heat exchange channel, the top cover 13 is in contact with the battery 20, so that the top cover 13 may be used to heat or cool the battery 20.”), which does not require any additional structure. Accordingly, a surface capable of transmitting conduction can act as a heat channel consistent with the definition presented by the instant application. Accordingly, where the top cover 2 of You is exposed to the battery, the top cover therefore comprises a heat exchange channel consistent with the claims.
Additionally, You discloses structure where the top cover is in indirect contact with the battery, through disclosing an embodiment wherein the top cover is in contact with the first and second fixed beams 31 and 32 (Paragraph 0061, “In addition, in other embodiments, the first fixed beam 31 and the second fixed beam 32 may be provided on the box cover 2.”), where the fixed beams 31 and 32 are in contact with the battery module 1 (Paragraph 0062, “The battery pack further includes a bead 4 which presses the two ends of the battery module 1 on the first fixing beam 31 and the second fixing beam 32 to fix the battery module 1 on the box body”) which comprises the battery, thereby representing structure wherein the top cover is in contact with the battery.
Regarding Claim 15, You discloses the invention as presented in claim 3. Additionally, You discloses structure wherein the main frame comprises a side beam arranged around the bottom plate to form the accommodation space, where the side beam comprises side plates 1321, as shown in figure 3. These side beams are arranged around the bottom plate, being located at positions across the area of the bottom plate, thereby forming bounds of the accommodation space, as well as comprising at least a part of the first portion and the second portion, as depicted in figure 3, the upper 1321 is a part of the first portion and the lower 1321 is a part of the second portion.
Regarding Claim 16, You discloses the invention as presented in claim 15. Additionally, You discloses structure where the main frame further comprises a partition beam 15, here a collection board 15, which is located on an inner side of the side beans 1321, as shown in Figure 7, thereby separating the accommodating space into two separating sub-accommodating spaces, one being located on a right side of the partition beam 15, and the other on a left side of partition beam 15. Accordingly, as shown in figures 1 and 2, the battery cells 101/102 are provided in plural, with one being respectively arranged on right and left sides of the partition beam 15 and are therefore respectively arranged in the two sub-accommodating spaces.
Regarding Claim 17, You discloses the invention as discussed above in regards to claim 16. Additionally, You discloses that the side beam comprises a part of the first portion and the second portion, as depicted in figure 3, where the upper 1321 is a part of the first portion and the lower 1321 is a part of the second portion. Additionally, the partition beam comprises another part of the first portion and the second portion, as depicted in figure 2, where the partition beam 15, in being stacked above the second portion 14, can be considered a part of the first portion, as the claim 1 which specifies the details of the first portion and second portion requires only that “the main frame comprises a first portion and second portion that are stacked up, and the first portion and second portion are detachably connected to each other”.
Regarding Claim 18, You discloses the invention as presented in claim 3. Additionally, You discloses structure wherein the main frame comprises a side beam arranged around the bottom plate to form the accommodation space, where the side beam comprises side plates 1321, as shown in figure 3. These side beams are arranged around the bottom plate, being located at positions across the area of the bottom plate, thereby forming bounds of the accommodation space, as well as comprising at least a part of the first portion and the second portion, as depicted in figure 3, the upper 1321 is a part of the first portion and the lower 1321 is a part of the second portion.
Additionally, You discloses structure where the main frame further comprises a partition beam 15, here a collection board 15, which is located on an inner side of the side beans 1321, as shown in Figure 7, thereby separating the accommodating space into two separating sub-accommodating spaces, one being located on a right side of the partition beam 15, and the other on a left side of partition beam 15. Accordingly, as shown in figures 1 and 2, the battery cells 101/102 are provided in plural, with one being respectively arranged on right and left sides of the partition beam 15 and are therefore respectively arranged in the two sub-accommodating spaces.
Regarding Claim 19, You discloses the invention as presented in regards to claim 17. Additionally, You discloses structure wherein the first portion comprises a first segment 131 and a second segment 132, as shown in their figure 3, where the first segment and second segment are detachably connected to each other, as depicted in figure 4. Additionally, the first battery 101 is fixed on the first segment 131 and the second battery 102 is fixed on the second segment 132 as shown in figure 3. Accordingly, based on figure 3’s depiction of the structure, the first segment and second segment do not overlap, thereby preventing the second battery from blocking the first battery and the first segment from being simultaneously removed from the battery box, and preventing the first battery from blocking the second battery and the second segment from being simultaneously removed from the battery box.
Regarding Claim 20, You discloses the invention as presented in regards to claim 18. Additionally, You discloses structure wherein the first portion comprises a first segment 131 and a second segment 132, as shown in their figure 3, where the first segment and second segment are detachably connected to each other, as depicted in figure 4. Additionally, the first battery 101 is fixed on the first segment 131 and the second battery 102 is fixed on the second segment 132 as shown in figure 3. Accordingly, based on figure 3’s depiction of the structure, the first segment and second segment do not overlap, thereby preventing the second battery from blocking the first battery and the first segment from being simultaneously removed from the battery box, and preventing the first battery from blocking the second battery and the second segment from being simultaneously removed from the battery box.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (WO 2020177738 A1 with EPO translation used for citation purposes) as applied to claims 1-6, 9, and 15-20 above.
Regarding Claim 10, You discloses the invention as presented in claim 9. Additionally, in regards to the limitation which requires that the battery pack further comprise a heat conducting portion, which is located between the top cover and the battery, such that the top cover and the battery are in contact with each other through the heat conducting portion, where the heat conducting portion is a thermally conductive adhesive, You fails to disclose said structure.
However, You discloses a temperature adjustment plate 17 (Paragraph 0083, “the fixing member 17 is a water-cooled plate”) which is located between the battery and the bottom plate, as shown in their figures 5 and 6.
Here, You discloses that the temperature adjustment plate 17 absorbs heat generated by the battery cell, thereby cooling the battery cell (Paragraph 0083, “the heat generated by the battery cell 11 is passed through the first supporting portion 131 ( Or the second supporting portion 132) and the thermal conductive glue are transferred to the water cooling plate, and the battery cell 11 is cooled by the water cooling plate.”).
Accordingly, where the cooling of the battery cell by means of the water cooling plate 17, and where the plate is placed on the lower face of the battery body, it would be obvious to one ordinarily skilled in the art to include additional water cooling plates 17 to increase the effectiveness of cooling the battery. Further where the plate 17 is placed on a bottom face of the battery as shown in figure 6, an open and available position to introduce a second plate would be on the top of the battery, which would in turn, because of its positioning, be located between the battery and the top cover, in contact with both.
Further, where You discloses the effectiveness of a water-cooled temperature adjustment plate, it would be obvious to one ordinarily skilled in the art to try, based on the known result of battery cooling, to include additional temperature adjustment plates on surfaces of the battery module, thereby making obvious structure wherein the temperature adjustment plate is located between the top cover and the battery, and the temperature adjustment plate is in contact with the battery.
Additionally, You discloses structure which comprises a heat conducting portion located between their temperature adjustment plate and their battery, such that the temperature adjustment plate is in contact with the battery through the heat conducting portion, wherein the heat conducting portion is a thermally conductive adhesive (Paragraph 0083, “the heat generated by the battery cell 11 is passed through the first supporting portion 131 ( Or the second supporting portion 132) and the thermal conductive glue are transferred to the water cooling plate, and the battery cell 11 is cooled by the water cooling plate.”). Further, where You makes obvious the placement of the temperature adjustment plate on a top of the battery based on known results of said cooling structure, You’s disclosure that the thermal glue is a part of the cooling structure means that it would be a necessary and required step in applying the temperature adjustment plate to the top of the battery cell, thereby reading upon and making obvious the instant claim which requires that the battery pack further comprise a heat conducting portion, the heat conducting portion located between the top cover and the battery such that the top cover and the battery are in contact with each other through the heat conducting portion, wherein the heat conducting portion is a thermally conductive adhesive.
Regarding Claim 11, You discloses the invention of Claim 4. Additionally, in regards to the limitation which requires that the battery pack further comprises a temperature adjustment plate, the temperature adjustment plate located between the top cover and the battery, and the temperature adjustment plate is in contact with the battery, You discloses a temperature adjustment plate 17 (Paragraph 0083, “the fixing member 17 is a water-cooled plate”) which is located between the battery and the bottom plate, as shown in their figures 5 and 6.
Here, You discloses that the temperature adjustment plate 17 absorbs heat generated by the battery cell, thereby cooling the battery cell (Paragraph 0083, “the heat generated by the battery cell 11 is passed through the first supporting portion 131 ( Or the second supporting portion 132) and the thermal conductive glue are transferred to the water cooling plate, and the battery cell 11 is cooled by the water cooling plate.”).
Accordingly, where the cooling of the battery cell by means of the water cooling plate 17, and where the plate is placed on the lower face of the battery body, it would be obvious to one ordinarily skilled in the art to include additional water cooling plates 17 to increase the effectiveness of cooling the battery. Further where the plate 17 is placed on a bottom face of the battery as shown in figure 6, an open and available position to introduce a second plate would be on the top of the battery.
Further, where You discloses the effectiveness of a water-cooled temperature adjustment plate, it would be obvious to one ordinarily skilled in the art to try, based on the known result of battery cooling, to include additional temperature adjustment plates on surfaces of the battery module, thereby making obvious structure wherein the temperature adjustment plate is located between the top cover and the battery, and the temperature adjustment plate is in contact with the battery.
Regarding Claim 12, You makes obvious the invention as presented in claim 11. Additionally, You discloses structure which comprises a heat conducting portion located between their temperature adjustment plate and their battery, such that the temperature adjustment plate is in contact with the battery through the heat conducting portion, wherein the heat conducting portion is a thermally conductive adhesive (Paragraph 0083, “the heat generated by the battery cell 11 is passed through the first supporting portion 131 ( Or the second supporting portion 132) and the thermal conductive glue are transferred to the water cooling plate, and the battery cell 11 is cooled by the water cooling plate.”). Further, where You makes obvious the placement of the temperature adjustment plate on a top of the battery based on known results of said cooling structure, You’s disclosure that the thermal glue is a part of the cooling structure means that it would be a necessary and required step in applying the temperature adjustment plate to the top of the battery cell, thereby reading upon and making obvious the instant claim.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (WO 2020177738 A1 with EPO translation used for citation purposes) as applied to claims 1-6, 9, and 15-20 above, further in view of Lee (WO 2020145532 A1 with US equivalent 20210091351 A1 used for citation purposes).
Regarding Claim 13, You makes discloses the invention of Claim 3, as discussed above. Additionally, in regards to the limitation which requires that the battery comprise a pressure relief structure, and that the pressure relief structure is disposed towards the bottom plate, and that the pressure relief structure and the bottom plate are disposed at intervals, You fails to disclose said structure. Accordingly, we look to Lee, which is an analogous art to the instant application, being directed towards the art of battery packs (See abstract). Lee discloses structure which comprises a safety vent which is configured to deform and release gas when a pressure within a battery exceeds a certain level (Paragraph 0051, “The safety vent C2 may be configured to deform when the internal pressure of the secondary battery 100 , that is, the internal pressure of the battery can 112 , increases to a certain level or more.”). As the release of excess internal pressure is a desirable attribute for a battery, it would therefore be obvious to one ordinarily skilled in the art to apply a safety vent to the battery of You, thereby allowing for the release of excess internal pressure.
Further, as depicted in You’s figures 3 and 4, the only portion of their battery which is not covered by the first portion and the second portion of their main frame is the inward-facing section of the battery. Accordingly, where this side is unobstructed, it would be obvious to one ordinarily skilled in the art to apply the safety vent of Lee to this side of You’s battery. Accordingly, this results in structure where the pressure relief structure, when venting gas outward, would release said gas such that it moves in the direction of the bottom plate. Additionally, where the side of the battery is separated from the bottom plate 3 by the second portion 14, the pressure relief structure and the bottom plate are disposed at intervals.
Regarding Claim 14, modified You makes obvious the invention of claim 13. Additionally, in regards to the limitation of the instant claim which requires that the battery comprises a terminal assembly, You discloses a terminal assembly 115 on a side of their battery, shown in their figure 17 (Paragraph 0089, “On one side, the electrode terminal 115”). This terminal assembly is located on the same side of the battery that the vent of Lee is applied to, as discussed above and depicted in 7. Additionally, as the terminal assembly is located in the center of the battery, a distance away from the bottom plate 3, the terminal assembly and bottom plate are therefore arranged at intervals.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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/J.W.E./Examiner, Art Unit 1725
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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