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 .
Response to Arguments
The examiner is withdrawing the rejections in the previous Office Action because
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, This Action Is Made Final.
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 of this title, 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.
1. Claims 12, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US20180269448).
2. Regarding claims 12, 23, and 25, Shimizu teaches a battery module (Figure 1) comprising: a battery cell stack in which a plurality of battery cells are stacked; and a module frame for housing the battery cell stack, wherein a vent is formed on at least one surface of the module frame, wherein the vent comprises a plurality of stacked layers, and wherein micropores are formed in each of the plurality of layers, each micropore extending from a top surface of each layer to a bottom surface of each layer. (see Figures below).
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3. Although Shimizu does not explicitly teach the pore are micro sizes, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have reduced the diameter to smaller than 1.2 mm
because by restricting diameter d of each of fine holes 56 and interval L1 between adjacent fine holes 56 in this manner, it is possible to obtain a remarkable effect on suppression of a temperature of the gas ejected from battery cells 2 and discharged via fine holes 56 [0053]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
4. Claims 13-18, 20, 21, 24, 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable Shimizu et al. (US20180269448) in view of over Binder et al. (US4859546).
5. Shimizu is silent about primary teachings of the limitations of claims 13-18, 20, 21, 24, 26 and 27.
6. Regarding claim 13, Binder teaches wherein: the plurality of layers comprises a first layer and a second layer stacked in a first direction (see Figs. below), and
the micropores formed in the first layer and the micropores formed in the second layer are offset from each other in a second direction (see Fig. below) for the benefit of attenuating the explosion of combustible gases accumulating therein in storage batteries (abstract).
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7. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Shimizu with the teaches of Binder for the benefit of attenuating the explosion of combustible gases accumulating therein in storage batteries.
8. Regarding claim 14, Binder teaches wherein: the plurality of layers comprises a first layer and a second layer (see Fig. above), and a size of the micropores formed in the first layer and a size of the micropores formed in the second layer are different from each other (The attenuation material is distributed to create a unique bimodal pore distribution, including a major proportion of small pores effective in attenuation and a minor proportion of large pores effective in gas and electrolyte management (abstract)).
9. Regarding claim 15, Binder teaches: wherein a diameter of the micropores formed in the first layer is different from a diameter of the micropores formed in the second layer (Thus, changes in the pore sizes, ratios of the two component materials, relative sizes of the pieces, and the compression with which the material is held in place may be made (col. 8 ln 18-21)).
10. Regarding claim 16, Binder teaches wherein: the plurality of layers comprises a first layer and a second layer (see Figs. above), and the micropores formed in the first layer and the micropores formed in the second layer are different from each other (The unique bimodal function may be provided by using a single porous material, properly prepared and installed, or by using a composite of two different porous materials, summary of the invention).
11. Regarding claim 17, Binder teaches wherein: the plurality of layers comprises a first layer and a second layer (see Figs. above), and a density of the micropores formed in the first layer is different than a density of the micropores formed in the second layer (On the other hand, it is desirable to keep the percentage of large pore material at a minimum since it is less effective than the small pore material (col. 9 ln 12-15)).
12. Regarding claim 18, Binder teaches: wherein: the plurality of layers comprises a first layer and a second layer (see Figs. above), a micropore group in which the micropores are gathered is formed in each of the first layer and the second layer, and an arrangement form formed by the micropore group of the first layer is different from an arrangement form formed by the micropore group of the second layer (In a preferred embodiment of the invention, the bimodal pore distribution is provided by a composite of two different porous, compressible plastic materials. A composite of two different types of open cell polyurethane foam has been found to be particularly effective. The small pore component of the composite material comprises a non-reticulated polyurethane foam with a pore size of 60 ppi. The large pore component of the composite comprises a reticulated polyurethane with a pore size of 20 ppi (col. 8 ln 8-17))
13. Regarding claim 20, Binder teaches: wherein: the plurality of layers are press-fitted at high temperature (The materials must also possess thermal stability against degradation in the face of the high temperatures potentially encountered in use (col. 13 ln 59-63)) and high pressure to form the vent (a sufficient positive pressure is established to cause the gases to vent through the vent holes 22 (col. 7 ln 31-34)).
14. Regarding claim 21, Binder teaches: wherein: the module frame comprises a ceiling, a bottom and side surfaces covering an upper surface, a lower surface and side surfaces of the battery cell stack, respectively, and at least one of the ceiling, the bottom and the side surfaces comprises the vent (see Fig. below).
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15. Regarding claim 24, Binder teaches: wherein: the module frame includes an upper frame and a lower frame, and the upper frame and the lower frame are joined by a method in which edges corresponding to each other are welded (In a preferred process for forming the pillows 60, the mat 66 is ultrasonically bonded at preselected spaced intervals to form the bonded segments 64, as shown in FIG. 12 (col. 11 ln 29-34).
16. Regarding claim 26, Binder teaches: wherein the plurality of layers comprises a first layer and a second layer (see Figs. above), and wherein the micropores formed in the first layer have a different shape than the micropores formed in the second layer (Other geometric shapes are equally possible provided that at least one bonded segment exists to form, collectively with other pillows, the large pores (col. 11 ln 51-54))
17. Regarding claim 27, Binder teaches: wherein the plurality of layers comprises a first layer and a second layer (see Figs. above), and wherein the micropores formed in the first layer are formed in a first pattern and the micropores formed in the second layer are formed in a second pattern different than the first pattern (The composite bimodal pore material 26 may utilize cut or chopped pieces of the foam materials 28 and 30 of any convenient size or shape (col. 8 ln 6-8)).
18. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US20180269448) in view of Kim et al. (US 20150147605)
19. Kim teaches the porous safety member 300 is installed at the area adjacent to the vent portion 110 [0041] and the safety member 300 may be formed of a metallic material ([0042], Figure 5) for the benefit of minimizing or reducing consecutive or reoccurring reactions caused by the runaway generation of heat (e.g., a short circuit). [0026].
20. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Shimizu with the teachings of Kim for the benefit of minimizing or reducing consecutive or reoccurring reactions caused by the runaway generation of heat (e.g., a short circuit).
21. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US20180269448) as applied to claim 12 in view of Matsuura (US 20170018748)
22. Matsuura teaches a first end plate and a second end plate that cover a front surface and a rear surface of the battery cell stack, respectively, and at least one of a terminal busbar opening through which a terminal busbar is exposed and a module connector opening through which a module connector is exposed is formed in at least one of the first end plate and the second end plate (The positive electrode fastening member 39 is a metallic bolt, is positioned outside the battery case 10, and fastens the positive electrode external terminal 37 to a bus bar (not shown). [0039]; The negative electrode fastening member 49 is a metallic bolt, is positioned above the lid member 13 (outside the battery case 10), and fastens the negative electrode external terminal 47 to a bus bar (not shown) [0040]) [0007].
23. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Shimizu with the teachings of Matsuura for the benefit of restraining moisture outside a battery case from entering the battery case even when the moisture permeates a valve body.
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 OLATUNJI GODO whose telephone number is (571)272-3104. The examiner can normally be reached 8:00 am - 5:30 pm.
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752