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 .
Election/Restrictions
2. Applicant's election with traverse of Species I (Claims 1-12) in the reply filed on October 3, 2025, is acknowledged. The traversal is on the ground(s) that “the Office has not made a sufficient showing in its Restriction Requirement of August 5, 2025, that the two criteria for a proper requirement for restriction between patentably distinct inventions are met in this application”. This is not found persuasive because while independent Claim 1 and independent Claims 13 and 20 have common language, independent Claims 13 and 20 require particulars that are not required in independent Claim 1, including a busbar frame having a first surface arranged to face at least one side surface of the cell stack; and wherein one or more short-circuit prevention members include a material having a melting point higher than a melting point of a material that constitutes at least part of the busbar frame. These particulars give independent Claims 13 and 20 patentable distinction from independent Claim 1 and make the inventions independent from one another.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 3, 2025.
Priority
4. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file.
Information Disclosure Statement
5. Information disclosure statements (IDS), submitted November 16, 2022; January 30, 2024; and, March 14, 2024, have been received and considered by the examiner.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1-5, 7-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2021/0320374 A1).
With regard to Claim 1, Lee et al. disclose in Figures 1-6, a battery module (100), comprising: a cell stack (110) including a plurality of battery cells (111); a housing including a lower portion (200) and an upper portion (300) and an internal space to accommodate the cell stack (110) (paragraphs 0035-0037); a plurality of electrically conductive connectors, called busbars (not shown- welded to the electrode leads (111a) of each battery cell (111) and installed on the lead placing portion (121) of the busbar frame (120)), electrically connected to the plurality of battery cells (111) (paragraphs 0048-0049); a support frame, called a busbar frame (120), arranged to face at least one side surface of the cell stack (110) and supporting the plurality of electrically conductive connectors or busbars (paragraphs 0048-0049); an insulation cover, called a pressing plate (130), disposed between and fixed together with the support frame (120) and the housing (200, 300) (paragraph 0054); and one or more short-circuit prevention members, called mica plates (700, 800) and mica barrier assemblies (112), disposed on at least part of the insulation cover (130) when pressed together to electrically isolate the plurality of electrically conductive connectors from each other (paragraphs 0035, 0042-0043).
With regard to Claim 2, Lee et al. disclose in Figures 1-6, wherein the short-circuit prevention member (112, 700, 800) includes a material, including mica and/or expandable graphite powder, that has a property that prevents or retards a passage of excessive heat or flames, wherein the property includes at least one of heat resistance, flame retardancy, or heat insulation (paragraphs 0046-0047).
With regard to Claim 3, Lee et al. disclose in Figures 1-6, wherein the one or more short-circuit prevention members (112, 700, 800) include a material that inherently has a melting point higher than a melting point of a material that constitutes at least part of the support frame (120), since Lee et al. disclose that the short-circuit prevention members prevent the thermal runaway phenomenon from propagating between adjacent battery cells and prevents flame from leaking out through both side portions of the battery module (paragraphs 0045-0051).
With regard to Claim 4, Lee et al. disclose in Figures 5-6, wherein the one or more short-circuit prevention members (112, 700, 800) include mica and/or expandable graphite powder (paragraphs 0046-0047).
With regard to Claim 5, Lee et al. disclose in Figure 16, wherein at least a portion of the one or more short circuit prevention members (112, 700, 800) is disposed between two electrically conductive connectors, or busbars, adjacent to each other (not shown- welded to the electrode leads (111a) of each battery cell (111) and installed on the lead placing portion (121) of the busbar frame (120)) among the plurality of electrically conductive connectors (paragraphs 0048-0049, 0069-0070).
With regard to Claim 7, Lee et al. disclose in Figures 5-6, wherein the short-circuit prevention member (112) is attached to the insulation cover (130) when pressed together (paragraphs 0054-0055).
With regard to Claim 8, Lee et al. disclose in Figures 15-16, wherein the support frame (120) includes an accommodation groove, called a fixing slit (122b), in which at least a portion of the one or more short-circuit prevention members (700, 800) is accommodated in the plate support portion (122) of the busbar frame (120) (paragraphs 0069-0070).
With regard to Claim 9, Lee et al. disclose in Figures 5-7,9 and 15-16, wherein the one or more short-circuit prevention members (112, 700, 800) include one or more first short-circuit preventing members, called mica barrier assemblies (112), and one or more second short-circuit prevention members, called first and second mica plates (700, 800), wherein at least a portion of the one or more first short-circuit preventing members (112) is disposed between two electrically conductive connectors adjacent to each other among the plurality of electrically conductive connectors (paragraphs 0044-0047; See Figures 5-7 and 9), and wherein at least a portion of the one or more second short-circuit prevention members (700, 800) penetrates through the plurality of electrically conductive connectors into the fixing slits (122b) of the busbar frame (120) (paragraphs 0067-0071; See Figures 15-16).
With regard to Claim 11, Lee et al. disclose in Figures 5-6, wherein at least one of the plurality of battery cells (111) includes a lead tab (111a), wherein at least one of the plurality of electrically conductive connectors, or busbars (not shown), includes a slit opening, called a lead drawing slit (121a), and wherein the lead tab (111a) is inserted to the slit opening (121a) and is electrically connected to at least one of the plurality of electrically conductive connectors, or busbars (paragraphs 0048-0049).
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. 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.
12. Claims 6, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0320374 A1), as applied to Claims 1-5, 7-9 and 11 above.
With regard to Claim 6, Lee et al. disclose the battery module in paragraph 8 above, including wherein the insulation cover (130) is disposed to face the support frame (120) and are fixed to one another (paragraph 0054), but do not specifically disclose wherein the insulation cover further includes an insertion groove into which at least a portion of the one or more short-circuit prevention members is inserted. Before the effective filing date of the invention it would have been an obvious matter of design choice to manufacture the insulation cover to further include an insertion groove into which at least a portion of the one or more short-circuit prevention members is inserted, since such a modification would only involve a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV).
With regard to Claim 10, Lee et al. disclose the battery module in paragraph 8 above, but do not specifically disclose wherein the one or more first short-circuit prevention members and the one or more second short-circuit prevention members are alternately arranged in a stacking direction of the plurality of battery cells. Before the effective filing date of the invention it would have been obvious to one having ordinary skill in the art alternately arrange in a stacking direction of the plurality of battery cells the one or more first short-circuit prevention members and the one or more second short-circuit prevention members, since it has been held in the art that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 (VI).
With regard to Claim 12, Lee et al. disclose the battery module in paragraph 8 above, including wherein at least one of the plurality of battery cells (111) includes a lead tab (111a) electrically connected to at least one of the plurality of electrically conductive connectors or busbars (paragraphs 0048-0049), but do not specifically disclose wherein at least a portion of the lead tab is bent toward a surface of at least one of the plurality of electrically conductive connectors. Before the effective filing date of the invention it would have been an obvious matter of design choice to manufacture the lead tab to be bent toward a surface of at least one of the plurality of electrically conductive connectors, since such a modification would only involve a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV).
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM EST.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725