DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 25 August 2026 has been entered.
Claim 1 is currently amended. Claims 4 and 5 are canceled. Claims 1 and 6-13 are pending review in this action.
New grounds of rejection necessitated by Applicant’s amendments are presented below.
Information Disclosure Statement
The information disclosure statements submitted on 16 June 2026 and 29 June 2026 have been considered by the examiner.
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.
Claims 1, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo. (The equivalent U.S. Pre-Grant Publication No. 2020/0076025 is used in lieu of a formal translation of Jo).
Regarding claim 1, Haeusler teaches a battery block (2). The battery block (2) comprises a sub-module comprising a cell stack. The cell stack comprises a plurality of battery cells (3) (paragraph [0024] and figure 3). Thermally conductive cell holders (21, “cooling fins”) are located between adjacent battery cells (3) (paragraphs [0012, 0030] and figure 3).
A housing (7) comprises a main housing accommodating the sub-module. A lower cover covers a lower opening of the main housing. An upper cover covers an upper opening of the main housing (paragraphs [0024, 0025] and figure 1).
A distributor (10a, “inlet”) passes through a first side of the main housing in a longitudinal direction of the main housing. The distributor (10a, “inlet”) supplies a dielectric cooling fluid into a receiving space of the sub-module (paragraphs [0025, 0026] and figures 1 and 4).
A collector (10b, “outlet”) passes through a second side of the main housing in the longitudinal direction of the main housing. The collector (10b, “outlet”) discharges the dielectric cooling fluid to an outside of the main housing. The first side of the main housing is opposite to the second side of the main housing (paragraphs [0025, 0036] and figures 1 and 4).
Haeusler’s dielectric cooling fluid is considered equivalent to the instantly recited “insulating oil”. Alternatively, an “insulating oil” is capable of being flown through Haeusler’s system of distributor (10a, “inlet”) and collector (10b, “outlet”).
Each of the thermally conductive cell holders (21, “cooling fins”) comprises a body contact portion located between adjacent battery cells (3) (paragraphs [0012, 0030] and figure 3).
Each thermally conductive cell holder (21, “cooling fin”) further comprises a pair of edge cover portions (22a/22b and/or 26) bent at an upper end and a lower end of the body contact portion to cover respective edges of one of the adjacent battery cells (3) (paragraphs [0012, 0030] and figure 3).
A flow passage (15a) is defined between an inner surface of the upper cover and a first common edge of the plurality of battery cells (3) (paragraphs [0026, 0030] and figures 1 and 3). The dielectric fluid (“insulating oil”) flows through flow passage (15a).
Haeusler further teaches a flow passage (15b) defined between an inner surface of the lower cover and a second common edge of the plurality of battery cells (3) (paragraphs [0026, 0030] and figures 1 and 3). The dielectric fluid (“insulating oil”) flows through flow passage (15b).
Haeusler further teaches part channels (23a) (portions of flow passage (15a)) between the first common edge of the plurality of battery cells (3) and edge cover portions (22a) and part channels (23b) (portions of flow passage (15b)) between the second common edge of the plurality of battery cells (3) and edge cover portions (22b) (paragraph [0030] and figure 3).
The upper cover delimits flow passage (15a) from above in the z-direction and the lower cover delimits flow passage (15b) from below in the z-direction (figure 1). Therefore, it is understood that the dielectric fluid (“insulating oil”) directly contacts the inner surface of the upper cover and the inner surface of the lower cover as it flows through the flow passage (15a) and the flow passage (15b).
Haeusler teaches that after entering through the distributor (10a, “inlet”), the dielectric fluid (“insulating oil”) is introduced into the flow passage (15a and 15b) and after having passed through the flow passage (15a and 15b) is discharged to the outside through the collector (10b, “outlet”) (paragraphs [0026, 0031] and figures 1 and 4). During the course of this flow pattern, the battery cells are flowed around on four sides by the dielectric fluid (“insulating oil”) (paragraphs [0026, 0031] and figures 1 and 4).
Haeusler teaches that the battery cells (3) have current diverters (“cell tabs”) (18a and 18b) located on opposite sides of the cell stack (paragraph [0028] and figures 2-4). The current diverters (18a, “cell tabs”) face the distributor (10a, “inlet”) through which the dielectric fluid (“insulating oil”) enters the receiving space. The current diverters (18b, “cell tabs”) face the collector (10b, “outlet”) through which the dielectric fluid (“insulating oil”) exits the receiving space (paragraph [0028] and figure 4). Haeusler does not provide explicit details on the electrical interconnection between the battery cells (3).
Haeusler fails to teach a front bus bar frame and a rear bus bar frame.
Bus bars supported on a frame are widely used in the art to electrically interconnect pouch cells arranged in a stack – see, e.g. Jo (paragraphs [0086, 0087]). In Jo’s assembly, a cell stack (100) is enclosed in a housing including two end covers (230) positioned on opposite sides of the cell stack (100) (figure 2). A coolant is introduced into the stack through openings (H2) in one end cover, passes through openings (H1) of a front bus bar frame (225), passes along coolant passage (132) along four sides of each battery cell, then exits through openings (H1) in a rear bus bar frame (225) and is finally discharged through openings (H2) in the other end cover (230) (paragraphs [0076, 0088, 0089, 0091]).
It would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to include a front bus bar frame coupled to the current diverters (“cell tabs”) (18a) on the first side of Haeusler’s cell stack and a rear bus bar frame coupled to the current diverters (“cell tabs”) (18b) on the second side of Haeusler’s cell stack for the purpose of providing a stable electrical connection for the battery cells in the cell stack.
In the combination of Haeusler and Jo, the front bus bar frame would be positioned in space between the distributor (10a, “inlet”) and the cell stack along the y-direction and the rear bus bar frame would be positioned in space between the cell stack and the collector (10b, “outlet”) along the y-direction.
It would thus have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have the dielectric fluid (“insulating oil”) pass through the front bus bar frame after it is introduced through the distributor (10a, “inlet”) so that the dielectric fluid (“insulating oil”) could access and cool the sides of the cells facing the distributor (10a, “inlet”). Similarly, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have the dielectric fluid (“insulating oil”) pass through the rear bus bar frame prior to exiting through the collector (10b, “outlet”), so that the dielectric fluid (“insulating oil”) would be able to access and cool the sides of the cells facing the collector (10b, “outlet”) prior to being discharged.
In the combination of Haeusler and Jo, the dielectric fluid (“insulating oil”) would thus be introduced through the distributor (10a, “inlet”), pass through the front bus bar frame, then enter the flow passage (15a and 15b), pass through the rear bus bar frame and be discharged through the collector (10b, “outlet”).
Regarding claim 12, Haeusler as modified by Jo teaches a battery pack comprising the battery block (2) of claim 1 (paragraph [0027]).
Regarding claim 13, Haeusler as modified by Jo teaches a vehicle comprising the battery block (2) of claim 1 (paragraph [0006]).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo as applied to claim 1 above and further in view of U.S. Pre-Grant Publication No. 2016/0372736, hereinafter Kim.
Regarding claim 6, Haeusler teaches a battery module having a housing and an upper cover.
Haeusler fails to teach terminal assemblies.
It is well-known in the art that a battery module requires external terminals for the purpose of electrically connecting a load to the battery module. Kim teaches a battery module comprising a stack of pouch battery cells arranged within a housing having an upper cover (201) (paragraphs [0051, 0053, 0054]). Kim teaches a pair of terminal assemblies, each including an external terminal (300) partially exposed to the outside through the upper cover (201) (paragraph [0055] and figure 1).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to include a pair of terminal assemblies – one for each polarity – and to partially expose them through the upper cover for the purpose of providing a means for connecting a load to Haeusler’s battery module.
Regarding claim 7, Haeusler as modified by Kim teaches that each terminal assembly comprises an internal terminal (110) fixed to the front bus bar frame (Kim’s paragraph [0058] and figure 3). Given that the internal terminal (110) is used to conduct current from the battery cells, it would necessarily be electrically connected to the electrode leads of all the battery cells – including the one located at an outermost position of the cell stack.
Each terminal assembly further comprises a sealing member (S, “terminal spacer”) inserted through the upper cover (201) (Kim’s paragraph [0083] and figure 8).
Each terminal assembly further comprises an external terminal (300) connected to the internal terminal (110) via busbar (500) inside the housing. The external terminal (300) passes through the sealing member (S, “terminal spacer”) and is exposed to the outside of the housing (Kim’s paragraphs [0058, 0083] and figure 8).
Regarding claim 8, Haeusler as modified by Kim teaches that the upper cover comprises a spacer receiving groove (210) into which the sealing member (S, “terminal spacer”) is inserted and a spacer insertion hole passing through a bottom surface of the spacer receiving groove (210) (Kim’s figure 8).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo as applied to claim 1 above and further in view of U.S. Pre-Grant Publication No. 2017/0331164, hereinafter Kwon.
Regarding claim 6, Haeusler teaches a battery module having a housing and an upper cover.
Haeusler fails to teach terminal assemblies.
It is well-known in the art that a battery module requires external terminals for the purpose of electrically connecting a load to the battery module. Kwon teaches a battery module (20) comprising a stack of pouch battery cells (1) arranged within a housing (23) having an upper cover (23c) (paragraphs [0039, 0056, 0064] and figures 5b and 7). Kwon teaches a pair of terminal assemblies, each including an external terminal (22b and 22c) partially exposed to the outside through the upper cover (23c) (paragraph [0063] and figure 7).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to include a pair of terminal assemblies – one for each polarity – and to partially expose them through the upper cover for the purpose of providing a means for connecting a load to Haeusler’s battery module.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo and U.S. Pre-Grant Publication No. 2017/0331164, hereinafter Kwon as applied to claim 6 above and further in view of U.S. Patent No. 2,892,006, hereinafter Belove.
Regarding claim 7, Haeusler as modified by Kwon teaches that each terminal assembly comprises an internal busbar (14a and 14b, “internal terminal”). The internal busbar (14a, “internal terminal”) is attached (“fixed”) to a front busbar assembly (22, “bus bar frame”) and is connected to an electrode lead of a battery cell located at an outermost position of the cell stack. Each terminal assembly also includes an external terminal (22b and 22c) connected to the corresponding internal busbar (14a and 14b, “internal terminal”) inside the housing. The external terminals (22b and 22c) are exposed to the outside of the housing (Kwon’s paragraph [0063]).
Haeusler as modified by Kwon fails to teach: 1) that both internal busbars (14a and 14b, “internal terminal”) are attached (“fixed”) to the front bus bar frame and 2) a terminal spacer.
Regarding 1), the ordinarily skilled artist would understand that attaching both internal busbars (14a and 14b, “internal terminal”) to the front bus bar frame would be an obvious modification motivated by the choice to locate both external terminals on the same side of the housing.
The ordinarily skilled artist before the effective filing date of the claimed invention would be capable of choosing to attach both internal busbars (14a and 14b, “internal terminal”) to the front bus bar frame for the purpose of locating both external terminals on the same side of the housing and in this way simplifying the connection of an external load to the battery module.
Regarding 2), Belove teaches an arrangement for sealing an external terminal (21) passing through the cover (15) of a battery for the purpose of preventing a leak (col. 3, lines 68-75; col. 4, lines 1-13). Belove teaches surrounding the external terminal (21) with an epoxy sealing member (51, “terminal spacer”), such that the epoxy sealing member (51, “terminal spacer”) passes through the cover (15) and the external terminal (21) passes through the epoxy sealing member (51, “terminal spacer”) (col. 4, lines 20-24 and figure 4).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to include an epoxy sealing member (51, “terminal spacer”) in the assembly of Haeusler as modified by Kwon for the purpose of preventing the dielectric liquid from leaking around the external terminals.
Regarding claim 8, Hausler as modified by Kwon and Belove teaches that the upper cover comprises a receiving groove into which the epoxy sealing member (51, “terminal spacer”) is inserted and an insertion hole through a bottom surface of the receiving groove (see Figure 1 below).
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[AltContent: textbox (Figure 1 - Belove's assembly)]
Regarding claim 9, Haeusler as modified by Belove teaches that each terminal assembly comprises a pair of compressible sealing washers (23 and 23-1, “O-rings”) (col. 3, lines 70-73). A first compressible sealing washer (23-1, “O-ring”) is located between an edge of the epoxy sealing member (51, “terminal spacer”) and the bottom surface of the spacer receiving groove. A second compressible sealing washer (23-1, “O-ring”) is located in a space defined by the external terminal (21), an inner surface of an opening (“through-hole”) formed in the epoxy sealing member (51, “terminal spacer”) and the inner head (22, “internal terminal”) (Belove’s figure 4).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo as applied to claim 1 above and further in view of WIPO Patent Publication No. 2019/132290, hereinafter Seo and U.S. Pre-Grant Publication No. 2015/0132622, hereinafter Gohl. (The equivalent U.S. Pre-Grant Publication No. 2020/0168864 is used in lieu of a formal translation of Seo).
Regarding claim 10, Haeusler teaches a housing (7) comprising a main housing, a lower cover covering a lower opening of the main housing and an upper cover covering an upper opening of the main housing (paragraphs [0024, 0025] and figure 1).
Haeusler does not provide information on the coupling of the upper cover and the lower cover to the main housing.
Haeusler fails to teach an upper binder and a lower binder.
Battery housings that include an upper cover (500) and a lower cover (200) fastened to a main housing (300 and 400) are well-known in the art – see, e.g. Seo (paragraph [0037] and figure 3).
The fastening and sealing of a cover to a main housing by an adhesive (“binder”) is likewise widely used in the art – see, e.g. Gohl (paragraph [0099]).
Therefore it would have obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to fasten and seal Haeusler’s upper cover and lower cover to the main housing via adhesive (“binder”) applied along the perimeter for the purpose of preventing the dielectric fluid from leaking out.
In the combination of Haeusler, Seo and Gohl there would be an adhesive (“upper binder”) applied along the perimeter of the upper cover and thus crossing the upper cover in a width direction of the upper cover. Similarly, there would be an adhesive (“lower binder”) applied along the perimeter of the lower cover and thus crossing the lower cover in a width direction of the lower cover.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler in view of WIPO Patent Publication No. 2019/107717, hereinafter Jo as applied to claim 1 above and further in view of WIPO Patent Publication No. 2019/132290, hereinafter Seo and U.S. Pre-Grant Publication No. 2018/0316070, hereinafter Lee. (The equivalent U.S. Pre-Grant Publication No. 2020/0168864 is used in lieu of a formal translation of Seo).
Regarding claim 11, Haeusler teaches a housing (7) comprising a main housing, a lower cover covering a lower opening of the main housing and an upper cover covering an upper opening of the main housing (paragraphs [0024, 0025] and figure 1).
Haeusler does not provide information on the coupling of the upper cover and the lower cover to the main housing.
Haeusler fails to teach a pair of gaskets for sealing located at a first fastening portion between the main housing and the upper cover and a second fastening portion between the main housing and the lower cover.
Battery housings that include an upper cover (500) and a lower cover (200) fastened to a main housing (300 and 400) are well-known in the art – see, e.g. Seo (paragraph [0037] and figure 3).
The inclusion of gaskets at fastening portions for the purpose of preventing a leak is also well-known – see Lee who teaches a sealing member (241, “gasket”) at a fastening portion between a casing cover (230) and a casing body (210) of a battery pack. A circulating insulating oil coolant passes through the casing body (210) and the purpose of the sealing member (241, “gasket”) is to prevent the coolant from leaking (paragraphs [0048, 0054] and figure 3).
Therefore it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to couple Haeusler’s upper cover and lower cover to the main housing via gaskets for the purpose of preventing the dielectric fluid from leaking out.
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.
Claim 1, 12 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of copending Application No. 18/029,841 in view of U.S. Pre-Grant Publication No. 2020/0153060, hereinafter Haeusler.
Claims 1 and 3-5 of copending Application No. 18/029,841 include all of the limitations of Claims 1, 12 and 13 except for a lower cover covering a lower opening of the main housing and an upper cover covering an upper opening of the main housing, an insulating oil passage defined between the upper cover and a first common edge of the battery cells, between a lower cover and a second common edge of the battery cells and between the first and second common edges and the corresponding edge cover portions, a battery pack and a vehicle.
It is customary in the art to have a housing with a lower cover covering a lower opening of the main housing and an upper cover covering an upper opening of the main housing – see, e.g. Haeusler (paragraphs [0024, 0025] and figure 1). Haeusler further describes the claimed passage, battery pack and vehicle (paragraphs [0006, 0026, 0027, 0030] and figures 1 and 3).
It would have been obvious to the ordinarily skilled artist to include a lower cover covering a lower opening of the main housing and an upper cover covering an upper opening of the main housing for the purpose of protecting the cell stack from the environment, to form the claimed passage for the purpose of directing the insulating oil around the battery cells and effectively cooling them and to implement a battery pack and use it to power an electric vehicle.
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant’s newly added limitations have been considered. However, after further search and consideration, the previously presented combination of the Haeusler and Jo references was found to address the amended claims.
Conclusion
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/LILIA NEDIALKOVA/Examiner, Art Unit 1724
