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 Status
Claim 15 has been cancelled, claims 1 and 2 have been amended, and new claim 16 have been added. Claims 1-14 and 16 are currently pending.
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) 1-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (CN 212485434U, presented n IDS submitted 09/18/2024, Espacenet translation provided for reference) in view of Golubkov (U.S. 20190379030).
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With respect to claim 1, Liang discloses a battery pack (Fig. 1, [0030]) comprising:
battery modules (batteries on either side of first supporting plate 61) including a plurality of battery cells (Fig. 1); and
a pack frame (10 – battery frame) for housing the battery modules (Fig. 1),
wherein within the pack frame (10), the battery modules are arranged in a multiple row and single layer structure (Fig. 1),
wherein at least two of the battery modules (separated by first supporting plate 61) are arranged in a row along a first direction (labeled) to form a battery module group (labeled - first battery module group), and the battery pack including a plurality of battery module groups (first, second, third, fourth) (Fig. 1 – above),
wherein a partition wall member (12 – cross beams) is located between any one battery module group (first through fourth) and another battery module group (first through fourth) (Fig. 1 - above and 2), and
wherein the partition wall member (12) extends along the first direction (labeled) from the pack frame so that each of the one and the another battery module groups (labeled) is spatially separated by the partition wall member (12) within the pack frame (10) (Fig. 1 – above), and
wherein a space gap (122 - groove) is provided on one end side of the partition wall member (12) (Fig. 2).
The limitation which states “to prevent propagation of heat and venting gas,” is a recitation of an intended use. Applicant is reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (MPEP [7.37.09]). In the instant case, there are no claimed structural differences between the claimed battery pack and partition wall member compared to the prior art, therefore the recitation of intended use does not patentably distinguish the claimed battery pack over the prior art.
Liang does not disclose that the space gap is provided on one end side of the partition wall member so that the one end side of the partition wall member is separated from the pack frame, and wherein a bottom part of the pack frame between the one end side of the partition wall member and the pack frame is exposed by the space gap.
Golubkov discloses a pack frame (71 – four exterior walls) and partition wall member (72b – partition wall) that separates and houses adjacent modules (20a, 20b, and 20c) (Fig. 7) and teaches the that one end side of the partition wall member (72b) is separated from the pack frame (71) providing a space gap (labeled) (Fig. 7), and wherein a bottom part of the pack frame (71) between the one end side of the partition wall member (72b) and the pack frame (71) is exposed by the space gap (labeled) (Fig. 7 – below). Golubkov further teaches that this allow for the placement of a connection member (63c – high current connector) to be placed inside the space gap (labeled) within the pack frame (71) (Fig. 7), which is identical to the purpose of the space gap in the instant application (Fig. 9), and the space gap (122) disclosed by Liang (Fig. 2).
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It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that another way of providing the space gap to house a connection member as disclosed by Liang would be to leave one end of a partition member freed form connecting to a pack frame, thus exposing the bottom of the pack frame wherein the connection member may be placed as taught by Golubkov. Applicant is reminded that a simple substitution of one known element for another to obtain a predictable result supports a conclusion of obviousness (MPEP 2143.I.B).
With respect to claim 2, modified Liang discloses the plurality of battery cells are stacked along the first direction while one surface of a cell body of a battery cell among the plurality of battery cells stands upright so as to be perpendicular to one surface bottom part (13 – bottom plate) of the pack frame (10) (Fig. 1).
With respect to claim 3, modified Liang discloses each battery cell is a pouch-type battery cell (Fig. 1).
With respect to claim 4, modified Liang discloses a connection member (not shown, via groove 122 in partition member 12) that connects the one battery module group (first through fourth) and another battery module group (first through fourth) among the plurality of battery module groups (first through fourth) (Fig. 5, [0053]).
With respect to claim 5, modified Liang discloses the connection member (not shown) is located is provided on the one end side or on opposite end sides of the partition wall member (12) (Fig. 2 and 5), and
a sealing member (1221 – insulating sheath) is arranged in the space gap (122) where in the connection member is located (Fig. 7, [0053]).
With respect to claim 6, modified Liang discloses the plurality of battery module groups comprise a first battery module group (labeled), a second battery module group (labeled), and a third battery module group (labeled) (Fig. 1 – above), and
within each of the first battery module group (labeled), the second battery module group (labeled), and the third battery module group (labeled), the battery modules (separated by first supporting plate 61) are arranged in a row along the first direction (labeled) (Fig. 1 – above).
With respect to claim 7, modified Liang discloses within the pack frame (10), the first battery module group (labeled), the second battery module group (labeled), and the third battery module group (labeled) are arranged along a second direction (labeled) perpendicular to the first direction (labeled) (Fig. 1 – above).
With respect to claim 8, modified Liang discloses the partition wall member (12) is provided in plural (Fig. 2), and the plurality of partition wall members (12) comprise a first partition wall member (labeled) and a second partition wall member (labeled) (Fig. 2 – below),
wherein the first partition wall member (labeled) is located between the first battery module group (labeled) and the second battery module group (labeled) (Fig. 1 – above and Fig. 2 – below), and
the second partition wall member (labeled) is located between the second battery module group (labeled) and the third battery module group (labeled) (Fig. 1 – above and Fig. 2 - below.)
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With respect to claim 9, modified Liang discloses a first opening (122 – labeled first opening) for connecting a space (20) of the first battery module group (labeled) and a space (20) of the second battery module group (labeled) is formed on one end side of the first partition wall member (labeled) (Figs. 1 and 2 – above), and
a second opening (122 – labeled second opening) for connecting the space (20) of the second battery module group (labeled) and a space of the third battery module group (labeled) is formed on one end side of the second partition wall member (labeled) (Figs. 1 and 2 – above).
With respect to claim 10, modified Liang discloses the first opening (122 – labeled) and the second opening (122 – labeled) are located on opposite sides to each other with respect to the first direction (labeled) (Figs. 1 and 2 – above).
With respect to claim 11, modified Liang discloses that due to the partition member (12), any one battery module (separated by first supporting plate 61) faces one or two battery modules among the battery modules (Fig. 1- above).
With respect to claim 12, modified Liang discloses a device (vehicle) comprising the battery pack of claim 1 (see above rejection of claim 1).
With respect to claim 13, modified Liang discloses the partition wall member (12) has a solid includes at least one of a heat insulator (123 – insulating sheath) and a metal plate (entirety of box 10 made of metal) (Figs. 1 and 11; [0052]).
With respect to claim 16, modified Liang discloses the partition wall member (12) is disposed between a first battery module group (labeled) including at least two of the battery modules (separated by first supporting plate 61; each one forms battery pack 60 [0066]) arranged in the first direction (labeled) and a second battery module group (labeled) including at least two of the battery modules arranged in the first direction (labeled), and
wherein the partition wall (12) member extends along the first direction (labeled) in a space between the first battery module group (labeled) and the second battery module group (labeled) (Fig. 1 – above).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liang in view of Golubkov as applied to claim 1 above, and further in view of Lee et al. (U.S. 20180138561).
With respect to claim 14, Liang discloses battery modules disposed on either side of a lateral surface of a partition member (see above rejection of claim 1), but does not disclose a separation gap exists between the battery modules and the lateral side of the partition wall.
Lee disclose a battery pack (10) comprising partition members (240 and 250 – coolant pipes) separating adjacent battery modules (200) (Figs. 4 and 7) and teaches that a separation gap (filled by R – coolant) exists between the battery modules (200) and the partition members (240 and 250) (Fig. 4 and 7). Lee further teaches that this separation gap allows for the improved cooling surrounding the battery modules (Fig. 4, [0066]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to include a separation gap as taught by Lee between the battery modules and lateral sides of the partition members in order to allow for improved cooling surrounding the battery modules.
Response to Arguments
Applicant’s arguments, see pages 5-11 of response, filed 06/02/2026, with respect to claim 1 have been fully considered and are persuasive. The 35 U.S.C. 102 rejection of claim 1 has been withdrawn in light of the amendment.
Applicant’s arguments with respect to claim 1 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. The arguments regarding Liang not reading on the new limitation that an end of the partition member not being connected to the pack frame, therein exposing a bottom of the pack frame was rejected without relying on Liang. New prior art of Golubkov was introduced to read on the new limitations.
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.
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/J.E.B./Examiner, Art Unit 1727
/WYATT P MCCONNELL/Primary Examiner, Art Unit 1727
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