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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species I-A-2 (i.e., claims 1 and 3-4) in the reply filed on 11/26/05 and 01/08/26 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/30/23, 07/09/24, 01/22/25, 02/10/25 and 10/07/25 was considered by the examiner.
Drawings
The drawings were received on 03/30/23.
Claim Rejections - 35 USC § 112
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.
Claims 1 and 3-4 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.
Claim 1 recites the limitation "the battery cell" in line 6. There is insufficient antecedent basis for this limitation in the claim. Since clam 1 itself contains an earlier recitation of “a plurality of battery cells”, it is immediately unclear whether applicant refers to “the plurality of battery cells”, or to another/different “battery cells”. If so, it is also unclear which one of the plurality of battery cells is being referred to.
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.
Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Quy et al 2022/0093989.
As to claim:
Quy et al disclose that it is known in the art to make a battery pack module comprising a cooling device/plate for cooling a plurality of battery cells including a mounting frame/portion-plate contacting the battery cells for supporting/holding the battery cells and including a thermal breaking zone/rupturable part for venting (Abstract; 0002-0006; 0018-0022; 0034-0035; see Claims 1, 7-8 & 17; see Figures 1-4).
Figures 1-4, infra, illustrate the structure of the battery pack module:
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Thus, the present claim is anticipated.
Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by the publication EP 4199215 (heretofore EP’215).
EP’215 discloses that it is known to make a battery pack/module including, inter alia, a plurality of battery cells and a module case accommodating the plurality of battery cells, wherein the module case include an upper plate positioned on the plurality of battery cells and a lower plate positioned below the plurality of battery cells so that the upper plate includes a vent hole and a first sealing cap in a second plate which faces the first plate, the vent hole through which gas is forced out, and the first sealing cap to seal the vent hole (Abstract; 0032-0033; 0034; 0036; 0040-0041; Figures 1 & 6) wherein the upper plate 210 includes a first plate 211 and a second plate 215, and a channel F; and the lower plate may be the same (0040-0041); and the battery module is configured such that the battery cells 100 are secured to the module housing (i.e., including the upper/lower plates) with a thermally conductive adhesive (0034).
Figures 1 and 6, infra, depict the battery module structure:
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Thus, the present claim is anticipated.
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.
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Quy et al 2022/0093989 as applied to claim 1 above, and further in view of the publication WO 2018/131221 (hereinafter WO’221).
Quy et al are applied, argued and incorporated herein for the reasons expressed supra. However, the preceding reference does not expressly disclose the specific upper/lower plates including a multilayer film and their thickness.
As to claim 3: In this respect, in the same field of applicant’s endeavor, WO’221 discloses that it is known to make a battery pack/module including, inter alia, a plurality of battery cells mounted on a lower plate and being enclosed by an upper plate wherein the upper/lower plates includes a multilayer structure/film and have a thickness of 0.5-1.5 mm (500-1500 µm) (Abstract; 0029; see Figures 1-4 & 9). Figures 1-4 and 9, infra, depict the battery module structure:
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In view of the above, it would have been within the ambit of a skilled artisan prior to the effective filing date of the claimed invention to use the specific upper/lower plates of WO’221 including the multilayer film and their thickness in the battery pack module of Quy et al as WO’221 teaches that the specifically disclosed battery module upper/lower plates assist in providing a lid which is a for a cell tray and makes it possible to suppress the spread of fire to surrounding cells when heating or ignition of a cell occurs. Further, the claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, or based upon the teaching of such improvement in other situations. Thus, one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. Stated differently, use of known technique to improve similar devices (methods, or products) in the same way is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 417, 82 USPQ2d at 1396.
With respect to the thickness of the specific upper/lower plates, it would have been obvious to a skilled artisan before the effective filing date of the claimed invention to make the upper/lower plates of Quy et al by having the thickness as instantly clamed because where the only difference between the prior art and the claims is a recitation of relative dimensions (changes in size/proportion) of the claimed feature and a feature having the claimed relative dimensions would not perform differently than the prior art feature, element or component, the claimed element, feature or component is not patentably distinct from the prior art element, feature or component. That is, limitations relating to the size of the element, feature or component are not sufficient to patentably distinguish over the prior art as it is noted that changes in size is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular thickness of the claimed of the upper/lower plates is critical. In re Rose 105 USPQ 237; In re Rinehart 189 USPQ 143; In Gardner v. TEC Systems, Inc., 220 USPQ 777 & 225 USPQ 232 (See MPEP 2144.04 Legal Precedent as Source of Supporting Rationale).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Quy et al 2022/0093989 in view of the publication WO 2018/131221 (hereinafter WO’221) as applied to claim 3 above, and further in view of the publication EP 4199215 (heretofore EP’215).
Quy et al and WO’221 are both applied, argued and incorporated herein for the reasons expressed supra. However, the preceding reference does not expressly disclose the specific multilayer including the outer protective layer, the reinforcement metal layer and the inner adhesive layer.
As to claim 4: In this respect, in the same field of applicant’s endeavor, EP’215 discloses that it is known to make a battery pack/module including, inter alia, a plurality of battery cells and a module case accommodating the plurality of battery cells, wherein the module case include an upper plate positioned on the plurality of battery cells and a lower plate positioned below the plurality of battery cells so that the upper plate includes a vent hole and a first sealing cap in a second plate which faces the first plate, the vent hole through which gas is forced out, and the first sealing cap to seal the vent hole (Abstract; 0032-0033; 0034; 0036; 0040-0041; Figures 1 & 6) wherein the upper plate 210 includes a first plate 211 and a second plate 215, and a channel F; and the lower plate may be the same (0040-0041); and the battery module is configured such that the battery cells 100 are secured to the module housing (i.e., including the upper/lower plates) with a thermally conductive adhesive (0034). Examiner’s note: thus, in this case, EP’215 readily envision the formation of a layered structure/multilayer arrangement including upper/lower plates including first/second plates 211, 215 and a thermally conductive adhesive contacting the same to secure the battery cells (i.e., applicant’s outer protective layer, the reinforcement metal layer and the inner adhesive layer, respectively). Figures 1 and 6, infra, depict the battery module structure:
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In view of the above, it would have been within the ambit of a skilled artisan prior to the effective filing date of the claimed invention to use the specific multilayer arrangement of EP’215 including the upper/lower plates including respective first/second plates and the thermally conductive adhesive (i.e., applicant’s outer protective layer, the reinforcement metal layer and the inner adhesive layer) in the battery pack module of Quy et al and WO’221 as EP’215 teaches that the specifically disclosed upper/lower plate including respective first/second plates and a thermally conductive adhesive assists in providing a battery module for quickly feeding a coolant to a battery cell in which a fire occurred and smoothly forcing venting gas out while also securing the battery cells to the module housing. Further, the claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, or based upon the teaching of such improvement in other situations. Thus, one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. Stated differently, use of known technique to improve similar devices (methods, or products) in the same way is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 417, 82 USPQ2d at 1396.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752