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
This office action is in response to the amendment and remarks submitted on 4/7/2026.
Claims 1-4, 6-16, 18, 20 and 24 have been amended.
Claims 17 and 19 have been cancelled.
Claims 1-16, 18 and 20-24 are currently pending.
Specification
The amendment to the specification of 4/7/2026 has been accepted.
However it is noted that the trademark issue has not been corrected and is thus maintained.
The use of the term PyroBubbles (page 4, line 9), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as TM, SM , or R following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8, 10, 11, 13-15, 18, 20, 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1) in view of Dunkel et al. (US 2013/0288100 A1).
As to claims 1 and 16, Dunkel et al. discloses an electric battery for an electrically or partially electrically driven motor vehicle or for a movable or stationary unit, the battery comprising:
a battery housing (9, 7-foam structure) formed of a foamed plastic (The foam structure 7 should cure with a dense surface-[0040]) and
a plurality of battery cells surrounded by the housing (figure 2) .
However Stuetz does not disclose a cavity within the foamed plastic having a flame retardant extinguishing substance within.
Dunkel et al. et al discloses a housing for battery cells and teaches the use of a flame retardant in the housing walls [0023] which is made of foam (abstract) (also applies to claim 16).
Dunkel et al. teaches that it is envisaged that the material of the housing walls, internal housing walls or housing side walls will be provided with fire-retardant additives or with extinguishing agents or with extinguishing agent additives, so that in the event of a fire in a cell, an extinguishing action can be achieved as close as possible to the source of the fire and preferably also without influence from outside [0023].
[0027] discloses that the fire retardant is a gel, thus the gel remains in a layer thus a reservoir) Water-based gels, which are formed by corresponding super-absorbers by mixing with water, which remains in existence longer than with traditional foam layers. Thus since the walls have the fire retardant in the walls, cavities will form for the water gel to exist in the walls.
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the flame retardant because this would extinguish the fire as soon as possible.
As to claim 2, Modified Stuetz discloses the electric battery according to claim 1, wherein the battery cells are prismatic shaped (figure 2).
As to claim 3. Modified Stuetz discloses electric battery according to claim 1, further comprising: a holder for the battery cells and further battery components,
As to claim 4, Modified Stuetz et al. discloses the battery housing or the holder are of multipiece construction (the housing includes lid 9b and bottom part 9a).
As to claim 5, Modified Stuetz et al. discloses the battery housing has a cover (lid 9b).
As to claim 6, Modified Stuetz et al. discloses plus poles and minus poles of the cells extend through the battery housing to the exterior (10c-figure 1 or another interpretation can be seen in figure 2 where the positive and negative leads extend beyond the housing 9a as seen in figure 3 also).
As to claim 7, Stuetz discloses thermal interfaces extending through the battery housing to the exterior (10a, 10b, feed and discharge cooling agent lines figure 1).
As to claim 8, Modified Stuetz discloses the electric battery according to claim 1, wherein the plastic of the battery housing is foamed onto a battery cell structure formed of the plurality of the battery cells of the electric battery, and is cured there ([0009] of Stuetz).
As to claim 10, Stuetz discloses the electric battery according to claim 8, further comprising:
electric cell connectors joining together the battery cells to fo
As to claim 13, Stuetz discloses the battery housing has shapes (6-brackets) foIn re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
As to claim 14, Stuetz discloses the electric battery according to claim 1, wherein the battery housing has latching means on its outer side that latches a plurality of electric batteries or battery housings with or to one another (6-support brackets can be used to connect housing together). The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
As to claim 15, Modified Stuetz discloses the electric battery according to claim 1, Dunkel et al. further discloses the foamed plastic of the battery housing has gas content.
A gel is frequently a colloid. The solid phase in this case forms a sponge-like, three-dimensional network, the pores of which are filled by a liquid or also by a gas. [0030] thus since the fire extinguishing element is in the foam the a gas is formed in the pockets.
As to claim 18, Modified Stuetz discloses the electric battery according to claim 1, further comprising: an element surrounding the battery cell structure and formed with one or several cavities that are fo
It would have been obvious to one of ordinary skill in the art at the time the application as effectively filed to include the internal walls of Dunkel with the fire extinguishing element because this would extinguish the fire as soon as possible as it would be closer to the battery cells.
As to claim 20, Stuetz discloses a method for making and assembling an electric battery for an electrically or partially electrically driven motor vehicle, movable or stationary unit, where a plurality of battery cells is in a battery housing, the method including the steps of:
forming the battery housing [0009] by foaming plastic directly onto a battery cell structure formed by cells
but does not discloses the foaming having a reservoir or cavity or providing the extinguishing substance in the reservoir or cavity; and curing the plastic of the housing.
Dunkel et al. et al discloses a housing for battery cells and teaches the use of a flame retardant in the housing walls [0023] which is made of foam (abstract).
Dunkel et al. teaches that it is envisaged that the material of the housing walls, internal housing walls or housing side walls will be provided with fire-retardant additives or with extinguishing agents or with extinguishing agent additives, so that in the event of a fire in a cell, an extinguishing action can be achieved as close as possible to the source of the fire and preferably also without influence from outside [0023].
[0027] discloses that the fire retardant is a gel, thus the gel remains in a layer thus a reservoir) Water-based gels, which are formed by corresponding super-absorbers by mixing with water, which remains in existence longer than with traditional foam layers. Thus since the walls have the fire retardant in the walls, cavities will form for the water gel to exist in the walls.
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the flame retardant because this would extinguish the fire as soon as possible.
As to claim 22, Modified Stuetz discloses the method according to claim 20, further comprising the step of: fixing the battery cell structure by electric cell connectors during the foaming and curing of the battery housing [0017] .
As to claims 11 and 23 . Modified Stuetz discloses the battery structure is secured by pressing plates but is silent to using a temporary fixing device.
However this would have been within the skill of an ordinary artesian at the time the application was effectively filed to temporarily hold the cells with a removable fixing device, such as a removable band) during the foaming and curing step because make the battery module weigh less than the plates and still would provide pressure until the foam cures.
As to claim 24, Stuetz further discloses further comprising the step of: using the battery cell structure in an installation space of the motor vehicle or unit, and is provided with the battery housing [0041-0042].
Claim(s) 9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1) in view of Dunkel et al. (US 2013/0288100 A1). as applied to claim 8 and 20 above, and further in view of Selinko (US 4020244).
As to claim 9, Modified Stuetz discloses the electric battery according to claim 8, but not further comprising: a belt joining together the battery cells and surrounding the battery
Selinko discloses a clamping structure for battery cells and teaches the use of pressure plates are used with straps to clinch tight the pressure plated in a fixed position (col. 1 lines 50-60) thus disclosing the battery cells are joined together by a belt surrounding the battery cell structure.
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a band to the system of Stuetz because this ensures that the pressure plates are fixed in position.
As to claim 21, Modified Stuetz discloses the method according to claim 20, but not further comprising the step of: fixing the battery cell structure by a belt that surrounds the battery cell structure during the foaming and curing of the battery cell housing.
Selinko discloses a clamping structure for battery cells and teaches the use of pressure plates are used with straps to clinch tight the pressure plated in a fixed position (col. 1 lines 50- 60) thus disclosing fixing the battery cell structure by a belt that surrounds the battery cell structure.
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a band to the system of Stuetz because this ensures that the pressure plates are fixed in position. Since the pressure is applied prior to the foaming the belt surrounds the cell structure during the foaming and curing of the battery cell housing
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1) in view of Dunkel et al. (US 2013/0288100 A1). as applied to claim 8 and 20 above, and further in view of Kim (US 9065111B2)
As to claim 12, Stuetz discloses the electric battery according to claim 1, wherein the battery housing is formed with passages that serve for stiffening or reinforcing.
KIM teaches a battery pack having a strength reinforced housing to accommodate the plurality of battery cells (abstract). The housing of the battery pack 110 includes a bottom portion and sidewalls (column 4 lines 61-64). For the purpose of increasing strength of the housing 110 a plurality of latticed ribs are formed on the sidewalls (column 4 lines 65-67). 29.
At the time the invention was filed one having ordinary skill in the art would have been motivated to include the stiffening ribs in the housing as taught by KIM for the battery pack of Stuetz, as this is a combination of known prior art elements in order to achieve predictable results, as KIM teaches such ribs are beneficial for increasing the strength of the housing.
Response to Arguments
Applicant's arguments filed 4/7/2026 have been fully considered but they are not persuasive.
Applicant argues that claim17 was not taught by Stuetz does not disclose the cavity, however the rejection of claim 17 was under the heading of Stuetz and Dunkel. Therefore a typographical error occurred when the name of Stuetz was used. Dunkel discloses the gel as is discussed in paragraph 0027. This rejection was maintained above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/Primary Examiner, Art Unit 1727
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