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 the Claims
The preliminary amendment submitted 02/14/2023 has been entered and fully considered. Claims 1-19 are pending. Claims 17-19 are new. Claims 1-3, 5-7, 9-12, and 16 are amended. Claims 1-19 are examined herein.
Claim Rejections - 35 USC § 102
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.
Claims 1, 6-10, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0152941 A1 (“Wynn”).
Regarding claim 1, Wynn discloses a battery pack assembly 300, 500 (Abstract; Figs. 3-5) comprising
a plurality of battery modules 100, 200, 401-409, each battery module of the plurality of battery modules including battery cells 101, 102, 201-203 and a module housing accommodating the battery cells (Figs. 1-2; [0015], [0017]);
a gas venting channel on each battery housing of the plurality of battery modules (see Fig. 2, where vented materials travel in the direction of arrows 210 through cover layer 208) in communication with an inside of the module housing ([0018]); and
a pack case (including pack lid 209; floor as shown, for example, in Fig. 5A; and siderails 301, 502) ([0015]-[0017]-[0018]) accommodating the plurality of battery modules (Figs. 3-5), and having channel assemblies 504 (“gas movement passage”) within a pack frame including siderails 301, 502 which forms at least one wall of the pack case (Figs. 3-5; [0019]-[0024]);
wherein the gas venting channel of each battery module is in communication with the channel assemblies 504 (via openings 506) (Figs. 3-5; [0019]-[0024]).
Regarding claim 6, Wynn discloses the battery pack of claim 1. As shown in Figs. 3-5, the pack frame includes a left side frame which forms a left wall of the pack case and a right side frame which forms a right wall of the pack case.
Regarding claim 7, Wynn discloses the battery pack of claim 6. As shown in, for example, Fig. 5A, each of the left and right side frames includes a vertical frame part extended in a first direction of the battery module, and a module connection frame part extended in a second direction from the vertical frame part and connected to the gas venting channel of at least one of the plurality of battery modules.
PNG
media_image1.png
290
534
media_image1.png
Greyscale
Annotated Fig. 5A
Regarding claim 8, Wynn discloses the battery pack of claim 7. As shown in Fig. 5A, the channel assemblies 504 are in the module connection frame part. One end of the channel assemblies 504 has an open structure to communicate with outdoor air via outlets 302, 508 (Fig. 3; [0019]-[0024]).
Regarding claims 9-10, Wynn discloses the battery pack of claim 7. As shown in Fig. 5A as annotated above, the module connection frame part is on and on a side of the channel assemblies 504 and configured to communicate with the channel assemblies 504.
Regarding claim 16, Wynn discloses the battery pack of claim 1. Wynn discloses the battery pack is applicable to automobile applications ([0025]) and further discloses one side of the battery pack is a front side of a vehicle and the opposite side is a rear side of the vehicle ([0019]). Wynn is therefore deemed to disclose a vehicle comprising the battery pack.
Claim Rejections - 35 USC § 103
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.
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.
Claims 2-5, 11-13, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0152941 A1 (“Wynn”) in view of CN 110364644 A (“Li – machine translation provided by applicant dated 09/24/2024 cited herein).
Regarding claims 2-5, Wynn discloses the battery pack of claim 1. Wynn does not expressly disclose the gas venting channel includes a duct with a hollow structure, a gas inlet provided on one side of the duct, and a gas outlet provided on the other side of the duct at a predetermined distance apart from the gas inlet in an extension direction of the duct [claim 2].
Li discloses a battery pack comprising a plurality of battery modules 2 (Abstract; Fig. 1). Each battery module 2 comprises a plurality of battery cells 22. Each of the battery cells 22 is arranged to vent through a first one-way valve 24 from a corresponding sealed chamber 23 and into an individual gas channel 212 (Figs. 5, 6; [0056]-[0059]). The individual gas channels 212, extending a lengthwise direction, are formed a plurality of channels by portions of the upper housing 202 (Fig. 6; [0059]-[0060]). A second one-way valve 13 is provided between the module gas channels 211 and the gas channel 11 (Fig. 6; [0058]). The gas channel 11 is provided as part of lower housing 1 of the battery pack housing ([0041]-[0044], [0052], [0058]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the structure taught by Li to allow for timely discharge of thermal runaway gas emitted by lithium battery during thermal runaway and to reduce or eliminate the impact of the thermal runaway gas on other battery cells or battery modules ([0006], [0025], [0062]).
Regarding claim 11, modified Wynn discloses the battery pack of claim 3. Li further discloses the plurality of battery cells in each battery module include first group battery cells and second group battery cells with a heat-insulating component 2012 (“firewall”) dividing an inner space of each module housing (Figs. 3, 4, 7).
Regarding claim 12, modified Wynn discloses the battery pack of claim 11. Wynn and Li do not expressly disclose the first first opening, the second first opening, the first gas inlet, and the second gas inlet. However, it is the opinion of the Office that this amounts to a duplication and rearrangement of parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide two openings and two gas inlets, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Furthermore, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, providing the first first opening, the second first opening, the first gas inlet, and the second gas inlet as claimed would not change the operation of the device and one would be motivated to position the openings and gas inlets in pursuit of optimal gas exhaust.
Regarding claim 13, modified Wynn discloses the battery pack of claim 11. Wynn and Li do not expressly disclose the gas outlet includes a first gas outlet in a left edge area of the duct and a second gas outlet in a right edge area of the duct. However, it is the opinion of the Office that this amounts to a duplication and rearrangement of parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide two gas outlets, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Furthermore, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, providing the first gas outlet and the second gas outlet as claimed would not change the operation of the device and one would be motivated to position the openings and gas inlets in pursuit of optimal gas exhaust.
Regarding claim 18, Wynn discloses the battery pack of claim 1. Wynn does not expressly disclose each battery module of the plurality of battery modules has a firewall dividing an interior of the battery module into a first section having an opening and a second section having an opening, wherein the gas venting channel has a divider dividing an interior of the gas venting channel into a first portion having a gas inlet aligned with the opening in the first section and a gas outlet and a second portion having a gas inlet aligned with the opening in the second section and a gas outlet.
Li discloses a battery pack comprising a plurality of battery modules 2 (Abstract; Fig. 1). Each battery module 2 comprises a plurality of battery cells 22. Li further discloses each battery module comprises a heat-insulating component 2012 (“firewall”) dividing an inner space of each module housing into a first section having an opening and a second section having an opening (Figs. 3, 4, 7). Each of the battery cells 22 is arranged to vent through a first one-way valve 24 from a corresponding sealed chamber 23 and into an individual gas channel 212 (Figs. 5, 6; [0056]-[0059]). The individual gas channel 212 are separated by dividers (Fig. 6) and as such are aligned with the openings as claimed. This forms a completely isolated relationship between each battery cell 22, eliminating mutual influence between each battery cell ([0059]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed features as Li teaches eliminates mutual influence between each battery cell.
Regarding claim 19, Wynn discloses the battery pack of claim 1. Wynn does not expressly disclose each battery module of the plurality of battery modules has an opening, and wherein the gas venting channel has a gas inlet aligned with the opening in the battery module and a gas outlet aligned with an opening in the gas movement passage.
Li discloses a battery pack comprising a plurality of battery modules 2 (Abstract; Fig. 1). Each battery module 2 comprises a plurality of battery cells 22. Each upper shell 202 of the battery modules comprises a hole into which a second check valve 13 is fixed ([0059]). The second check valve 13 vents to gas channel 11 (Fig. 6). Therefore, the gas inlet aligns with the opening, and the gas outlet aligns with an opening in the gas movement passage. This configuration reduces or blocks the impact between battery modules ([0061]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed features as Li teaches this reduces or blocks the impact between battery modules.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0152941 A1 (“Wynn”) in view of CN 110364644 A (“Li – machine translation provided by applicant dated 09/24/2024 cited herein) as applied to claim 11 above, and further in view of US 2011/0174556 A1 (“Hermann”).
Regarding claim 14, modified Wynn discloses the battery pack of claim 11. Li discloses the second one-way valve 13 is provided in the first opening (Fig. 6; [0058]-[0059], [0061]-[0062]). Modified Li does not expressly disclose the first opening is closed by a cap made of a hot melt material.
Hermann discloses a battery pack (Abstract). The housing of the battery pack includes side members 505 having lumens 507-510, wherein the lumen 507 provides a fist gas pathway and is coupled to the interior of battery pack 200 via interior side wall perforations 511 (Fig. 5; [0039]). Hermann discloses that perforations 511 can be sealed with one-way valves or a material that has a low enough melting point to melt when a battery within the adjoining section goes into thermal runaway, but a high enough melting point to prevent it from melting as hot gas passes by it as the gas flows through the side member lumens (“cap made of a hot melt material”) ([0040]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute a cap made of a hot melt material for the one-way valve as the two are art recognized equivalents known for the same purpose. See MPEP 2144.06(II).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0152941 A1 (“Wynn).
Regarding claim 15, Wynn discloses the battery pack of claim 1. While Wynn does not expressly disclose the module housing and the gas venting channel are integrally formed, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form these parts integrally as this would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). See MPEP 2144.04(V)(B).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0152941 A1 (“Wynn”) in view of CN 110364644 A (“Li – machine translation provided by applicant dated 09/24/2024 cited herein) as applied to claim 12 above, and further in view of US 2016/0233471 A1 (“Khandelwal”).
Regarding claim 17, modified Wynn discloses the battery pack of claim 12. Modified Wynn does not expressly disclose a barrier in the gas venting channel between the first gas inlet and the second gas inlet.
Khandelwal discloses an equipment enclosure includes an inner chamber configured to house one or more rechargeable batteries (Abstract). Khandelwal discloses the enclosure includes a metal plate 210 (“barrier”) between perforations 202, 204 (analogous to inlets) and respective perforations 206, 208 (analogous to outlets) (Figs. 2-7; [0038]). Therefore, when multiple inlets and outlets are provided, the plate prevents gas exhausted to an outer chamber from reentering an inner chamber. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a barrier as claimed to prevent gas exhaust from reentering the module housing as taught by Khandelwal.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 5-19 of copending Application No. 18/025,546 in view of US 2020/0152941 A1 (“Wynn”).
The instant claims differ from the claims of the copending application in the recitation of the pack frame. This feature would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention over Wynn as the frame structure avoids impacting pack egress as ventilation output is routed through one or more openings in the battery cell pack side extrusion, with a larger ventilation opening into, for example, the rear wheel wells ([0016]).
This is a provisional nonstatutory double patenting rejection.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727