DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 2/24/26 have been received. Claims 1, 8, 13, and 17 have been amended. Claims 4, 5, and 7 have been cancelled.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1, 2, 3, 6, and 8-18 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.
5. Claim 1 recites the limitation "each of the battery cells" in line 18. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "each of the plurality of battery cells" as there is antecedent basis.
6. Claims 2, 3, 6, and 8-18 are rejected as depending from claim 1.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
10. Claim(s) 1-3, 6, 8, 9, 13, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka et al. (US 2019/0181505) in view of Liang et al. (CN110098362A) as cited in IDS dated 1/19/23 with citations from machine translation provided with previous Office Action.
Regarding claim 1, Otsuka discloses a battery cell (secondary battery 100D, Fig. 4A, [0056]) comprising: a battery case (exterior body 6, Figs. 4A and 7, [0064]) accommodating an electrode assembly ([0086]-[0087], Fig. 7) and having outer periphery sealed by heat fusion([0062], [0106]). The instant claim includes a recitation describing the manner in which the outer periphery is sealed: by heat fusion. Said recitation appears to be product-by-process language. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. See MPEP 2113.
Continuing with claim 1, Otsuka discloses an electrode lead electrically connected to an electrode tab included in the electrode assembly and protruding outward of the battery case(external terminal 5, Fig. 4A, [0079], [0088]), wherein a first protrusion and a second protrusion protruding in a direction to which the electrode lead protrudes are formed on one side surface of the battery case (see line segments 74 a and 74 b in Fig. 4A), wherein the electrode lead is located between the first protrusion and the second protrusion(Fig. 4A), wherein the battery case comprises a pair of first side surfaces facing each other (see peripheral edge portions 96 d and 96 h and 96 f in Fig. 4A) and a pair of second side surfaces facing each other (see peripheral edge portions 96 e and 96 g in Fig. 4A) and the first side surface has a length longer than the second side surface (Fig. 4A), and wherein the first protrusion and the second protrusion are formed on one of the pair of first side surfaces(Fig. 4A) but does not explicitly disclose wherein the battery cell comprises a plurality of battery cells, wherein a battery module comprises: a battery cell stack comprising the plurality of battery cells.
It would have been obvious to one of ordinary skill in the art to have the battery cell comprises a plurality of battery cells, wherein a battery module comprises: a battery cell stack comprising the plurality of battery cells in order to provide more power, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (MPEP 2144.04 VI).
Continuing with claim 1, Otsuka does not explicitly disclose a module frame accommodating the battery cell stack.
Liang teaches a battery module with a self-contained liquid cooling structure ([0002]). Liang teaches a battery module (Fig. 2) comprising the battery cell (21, Fig. 2), the battery module comprising: a battery cell stack comprising a plurality of the battery cells(cells 21, Fig. 2); and a module frame accommodating the battery cell stack(Fig. 2, [0033]).
It would have been obvious to one of ordinary skill in the art to provide the battery cell of Otsuka with a module frame accommodating the battery cell stack as taught by Liang as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Continuing with claim 1, modified Otsuka discloses wherein each of the plurality of battery cells is configured such that the first protrusion and the second protrusion are disposed in a direction toward an upper part of the module frame (Otsuka, Fig. 4A and Liang, Fig. 2).
Regarding claim 2, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses one side surface of the electrode assembly is extended along a direction to which the first protrusion and the second protrusion protrude(Otsuka [0062], [0086]-[0088]).
Regarding claim 3, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the electrode lead comprises a positive electrode lead and a negative electrode lead, wherein the positive electrode lead is located so as to be spaced apart from the first protrusion, and wherein the negative electrode lead is located so as to be spaced apart from the second protrusion (Otsuka, see external terminals 5 and line segments 74 a and 74 b in Fig. 4A, [0088]).
Regarding claim 6, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the first protrusion and the second protrusion are respectively located at both ends of the first side surface(Otsuka Fig. 4A).
Regarding claim 8, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the battery module further comprises a busbar frame (Liang, integrated cover plate 3, Figs. 1-4) located between an upper surface of the battery cell stack and the upper part of the module frame(Liang, claim 1), wherein at least one busbar is located at the busbar frame(Liang, aluminum bars 6, Figs. 2 and 3, claim 1).
Regarding claim 9, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka does not explicitly disclose the busbar frame is inserted between the first protrusion and the second protrusion.
It would have been obvious to one of ordinary skill in the art to modify the battery module of modified Otsuka with the busbar frame is inserted between the first protrusion and the second protrusion in order for busbars to connect battery cells together to increase voltage and capacity.
Regarding claim 13, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka discloses the module frame comprises a lower frame configured such that an upper surface of the battery cell stack is uncovered(Liang, frame 14, Figs. 1, 2, 8 and 9), and an upper plate that covers the upper surface of the battery cell stack(Liang, upper cover plate 13, Figs. 1, 2, and 8).
Regarding claim 17, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka does not explicitly disclose a battery pack comprising the battery module of claim 7.
It would have been obvious to one of ordinary skill in the art to have a battery pack comprising the battery module of claim 7 in order to provide more power, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (MPEP 2144.04 VI).
Regarding claim 18, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka does not explicitly disclose a thickness of the busbar frame is larger than or equal to lengths by which the first protrusion and the second protrusion are protruded from the battery case.
It would have been obvious to one of ordinary skill in the art to provide the battery module of modified Otsuka with a thickness of the busbar frame is larger than or equal to lengths by which the first protrusion and the second protrusion are protruded from the battery case as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success since such a thickness would be more efficient use of the module frame. See MPEP 2143.
11. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka et al. (US 2019/0181505) further in view of Liang et al. (CN110098362A) as cited in IDS dated 1/19/23 with citations from machine translation provided with previous Office Action as applied to claims 1, and 8 above, and further in view of Kinoshita et al. (JP2013098032A) as cited in IDS dated 1/19/23 with citations from machine translation provided with previous Office Action.
Regarding claim 10, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka discloses the electrode lead comprises a positive electrode lead and a negative electrode lead(Otsuka [0088]), but does not explicitly disclose wherein a sensing member is located on the upper surface of the battery cell stack, and the sensing member is located between the positive electrode lead and the negative electrode lead.
Kinoshita teaches a connection structure for a voltage detection terminal ([0001]). Kinoshita teaches a sensing member (FPC 30, Fig. 1, [0036]-[0039]) is located on the upper surface of the battery cell stack (cell group 10, Fig. 1), and the sensing member is located between the positive electrode lead and the negative electrode lead([0024]-[0025]).
It would have been obvious to one of ordinary skill in the art to modify the battery module of modified Otsuka with a sensing member is located on the upper surface of the battery cell stack, and the sensing member is located between the positive electrode lead and the negative electrode lead as taught by Kinoshita as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Regarding claim 11, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the sensing member is located between the busbar frame and an upper part of the battery cell stack(Kinoshita [0036]-[0039]).
Regarding claim 12, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the sensing member is extended along a stacking direction of the battery cell stack(Kinoshita, Fig. 1).
12. Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka et al. (US 2019/0181505) further in view of Liang et al. (CN110098362A) as cited in IDS dated 1/19/23 with citations from machine translation provided with previous Office Action as applied to claims 1 and 13 above, and further in view of Lee et al. (US 2020/0343604) as cited in IDS dated 1/19/23.
Regarding claim 14, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka does not explicitly disclose an insulating layer is formed on a lower surface of the upper plate.
Lee teaches a battery module includes at least one battery cell; a first plate disposed on one side of the at least one battery cell to dissipate heat generated by the at least one battery cell externally; and a second plate disposed on the other side of the at least one battery cell to dissipate heat generated by the at least one battery cell externally, wherein an electrode lead of the at least one battery cell is disposed between the first plate and the second plate, and is disposed to be biased toward the first plate(abstract). Lee teaches an insulating layer (heat transfer member 90, [0085], Fig. 2) is formed on a lower surface of the upper plate(second plate 40, Fig. 2). Lee teaches the battery module 100 may maintain insulation between the battery cells 10 and the case 30 by the heat transfer member 90 disposed around the battery cells 10([0086]).
It would have been obvious to one of ordinary skill in the art to modify the battery module of modified Otsuka with an insulating layer is formed on a lower surface of the upper plate as taught by Lee in order to maintain insulation between the battery cells and the case by the heat transfer member disposed around the battery cells.
Regarding claim 15, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further discloses the lower frame comprises a U-shaped frame (Lee, first plate 50, Fig. 2) configured such that both side surfaces of the battery cell stack are uncovered(Lee, battery cell 10, Fig. 2), and a cover frame that covers the both side surfaces of the battery cell stack(Lee, side cover 60, Fig. 2).
Regarding claim 16, modified Otsuka discloses all of the claim limitations as set forth above. Modified Otsuka further disclose a heat conductive resin layer is formed on a bottom surface of the lower frame(Lee, heat transfer member 90, Fig. 2, [0015], [0083]).
Response to Arguments
13. Applicant's arguments filed 2/24/26 have been fully considered but they are not persuasive.
Applicant’s argument: The Applicant points out that claim 1 requires, inter alia, "wherein each of the battery cells is configured such that the first protrusion and the second protrusion are disposed in a direction toward an upper part of the module frame."
As correctly asserted on Page 5 of the office action, Otsuka does not teach the above- mentioned limitation. Thus, Otsuka is deficient with respect to amended claim 1.
Examiner’s answer: Otsuka discloses a secondary battery wherein a first protrusion and a second protrusion protruding in a direction to which the electrode protrudes are formed on one side surface of the battery case (Fig. 4A). Otsuka does not explicitly disclose the secondary batteries housed in a module frame. However, it would have been obvious to have a module frame accommodating the secondary batteries as such a module frame is taught by Liang.
Applicant’s argument: Liang teaches a battery module with battery cells 21 where the cell poles pass through openings 31 in the integrated cover plate 3. Liang does not disclose battery cells having first and second protrusions formed on one side surface of the battery case that protrude in the same direction as the electrode lead, with the electrode lead located between these protrusions.
Examiner’s answer: Liang teaches the module frame accommodating the battery cell stack. Therefore the cited prior art combination of Otsuka and Liang disclose all of the limitations set forth in amended independent claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724