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 .
Relevant MPEP Sections
MPEP 2114 relating to Apparatus and Article claims – Functional Language: While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. >In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)
MPEP 2115: "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d *>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 14 and 15 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Jo et al. (KR 2019-0064887 using US Pub 2020/0076025 as an English equivalent, both cited in IDS).
In regard to claim 1, 14 and 15, Jo et al. teach a vehicle and a battery pack (paragraph [0004]) including a battery module, the battery module comprising: a sub module including a cell stack (cells 110) and a plurality of cooling fins (heat dissipation plate 130 has a cooling liquid channel 132) located between adjacent battery cells (figure 2),
a front bus bar frame assembly (front bus bar assembly 220) coupled to a front end of the cell stack in a longitudinal direction of the cell stack assembly, and a rear bus bar frame assembly (rear bus bar assembly 220 – figure 2) coupled to a rear end of the cell stack in a longitudinal direction of the cell stack, wherein the second side of the cell stack is opposite to the first side of the cell stack;
a housing (including side plates 240) accommodating the sub module;
a front sealing plate (front end cover 230 – paragraph [0057], figure 2) covering an opening on a first side of the housing in a longitudinal direction of the housing and comprising an insulating oil inlet (vent hole H2 – paragraph [0091]); and a rear sealing plate (rear end cover 230) covering an opening on a second side of the housing in the longitudinal direction of the housing and comprising an insulating oil outlet (vent holes H2), wherein the second side of the housing is opposite to the first side of the housing (paragraphs [0057-0097], figures 1, 2, and 6 being the most relevant).
The Examiner notes that the holes, inlets and outlets being used for “insulating oil” does not structurally distinguish the instant claims from the prior art as such relates to an intended function of the inlet and outlet and the material worked upon by the apparatus (see MPEP 2114 and 2115 above).
In regard to claim 2, each of the plurality of cooling fins 130 comprises: a body contact portion (base plate 133) located between adjacent battery cells; and an edge cover portion (grip portion 137) bent at any one of an upper end and a lower end of the body contact portion to cover a corresponding edge of one of the adjacent battery cells (figure 5, paragraph [0116]).
In regard to claim 3, each of the front bus bar frame assembly 220 and the rear bus bar frame assembly 220 comprises a plurality of insulating oil holes (H2) formed at positions corresponding to insulating oil passages formed between the housing and an edge of the plurality of battery cells and between the edge cover portion and the edge of the plurality of battery cells (paragraph [0092], figure 1, 2 and 6).
In regard to claim 4, insulating oil (i.e. coolant) introduced through the insulating oil inlet into the housing passes through the plurality of insulating oil holes formed in the front bus bar frame assembly and is introduced into the insulating oil passage (paragraph [0092]). As noted above, the prior art teaches coolant passed through the holes of the assembly, and the recitation of “insulating oil” relates to a specific material worked upon which does not distinguish from the prior art (MPEP 2115).
In regard to claim 5, the insulating oil (coolant) passing through the insulating oil passage passes through the plurality of insulating oil holes formed in the rear bus bar frame assembly, and is discharged from the housing through the insulating oil outlet (figure 1, paragraph [0074-0075)).
In regard to claim 6, wherein each of the front bus bar frame assembly 220 and the rear bus bar frame assembly 220 comprises a plurality of guide ribs (frame 225, with fitting grooves 225H) formed at an upper end and a lower end of the front and rear bus bar frame assemblies and extending toward the cell stack (paragraph [0087], figure 2).
In regard to claim 7, wherein each of the plurality of cooling fins further comprises a pair of fixing portions (coupling protrusion 136P, insert grooves 136H) each of the pair of fixing portions having a shape corresponding to one of the plurality of guide ribs, formed on both end portions of the edge cover portion in a longitudinal direction of the edge cover portion, and each of the pair of fixing portions coupled to the respective guide rib (paragraph [0112], figure 2, 5 and 7 – note all components of the prior art device are considered coupled together).
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.
Claims 8-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. as applied to claim 1 above, and further in view of Yoon et al. (US Pub 2018/0254444 newly cited).
In regard to claim 8, Jo et al. the battery module as applied above, while not explicitly described, the module of Jo et al. must include a terminal assembly for external connection of the battery cells. Yoon et al. teach a similar battery module including cells B with leads L in a housing which includes a sealing plate (cover unit 130 including inner and outer cover) which includes inlets and outlets (133) for venting cooling medium, and the desirability to provide front and rear terminal assemblies (sensing block 122 with terminal stud 124 – figure 7), wherein the front terminal assembly comprises an external front terminal located outside the front sealing plate, and a first stud 124 passing through the front sealing plate and configured to electrically connect the external front terminal to the plurality of battery cells, and wherein the rear terminal assembly comprises an external rear terminal located outside the rear sealing plate, and a rear stud 124 passing through the rear sealing plate and configured to electrically connect the external rear terminal to the plurality of battery cells (figure 2-7, paragraphs [0074-0080]) because such creates a rigid structure which prevents leakage.
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include a terminal assembly including a stud on the front and rear surface in the battery module of Jo et al. as such is necessary to externally connect the battery cells and creates a rigid structure were leakage is prevented as taught by Yoon et al.
In regard to claim 9, Jo et al. teach the front bus bar frame assembly comprises: a front bus bar frame 225; a plurality of bus bars 221 fixed to the front bus bar frame, and connected to an electrode lead 111A of the plurality of battery cells; and a pair of internal terminals (connection to sensing circuit board 250) each fixed to the front bus bar frame, and connected to an electrode lead of the battery cell located at an outermost position from among the plurality of battery cells provided in the cell stack. (paragraph [0081-0087], figure 6).
In regard to claim 16, Jo et al. teach the rear bus bar frame assembly comprises: a rear bus bar frame 225; a plurality of bus bars 221 fixed to the rear bus bar frame, and connected to an electrode lead 111A of the plurality of battery cells; and a pair of internal terminals (connection to sensing circuit board 250) each fixed to the front bus bar frame, and connected to an electrode lead of the battery cell located at an outermost position from among the plurality of battery cells provided in the cell stack. (paragraph [0081-0087], figure 6).
In regard to claim 10, Yoon et al. teach the front sealing plate 130 comprises a front terminal hole, wherein the front terminal assembly further comprises a front terminal spacer (sealing O-ring “O” and/or sealing member 113b) inserted into the front terminal hole of the front sealing plate, and wherein the front stud 124 is fixed to the internal terminal and passes through the front terminal spacer (figure 3, 7, paragraphs [0075-0077]).
In regard to claim 11, Yoon et al. teach the front terminal assembly further comprises a front fastening nut (portion of unit 120 which terminal 124 is inserted, figure below) fastened to the front stud passing through the front terminal spacer and the front external terminal and configured to fix the front external terminal to the front terminal spacer (figure 9, paragraphs [0075-0079]).
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In regard to claim 12, Yoon et al. teach the front terminal assembly further comprises a first front O-ring (“O”) covering an outer circumferential surface of the front terminal spacer, wherein the first front O-ring is located between an inner surface of the front sealing plate and the internal terminal. (paragraph [0075], figure 7).
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In regard to claim 13, Yoon et al. teach the front stud 124 is fitted by passing through the internal terminal, and wherein the front terminal assembly further comprises a second front O-ring (sealing member 113b) surrounding the front stud, and wherein the second front O-ring is located between the internal terminal and the front bus bar frame (paragraph [0075-78], figure 1, 2 and 6). (figure 9 above, paragraphs [0075]). The Examiner notes that the term “press fit” relates to a method of forming the claimed battery module, i.e. a product by process limitation, and does not distinguish the claims from the prior art (see MPEP 2113).
In regard to claim 17-20, Yoon et al. teach the front and rear of the battery module have identical structure, therefore claims 17 through 20 are rejected for the same reasoning applied to claims 11 through 13 above where the designation front and rear are interchangeable as both the front and rear of the module have the same structure.
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of co-pending Application No. 18/021,101 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the co-pending claims require a battery module, comprising: a sub module including a cell stack assembly, a front bus bar frame assembly coupled to a front end of the cell stack assembly, and a rear bus bar frame assembly coupled to a rear end of the cell stack assembly, wherein the cell stack assembly includes a plurality of battery cells and a channel spacer interposed between adjacent ones of the plurality of battery cells; a module housing configured to accommodate the sub module; a front sealing plate configured to cover a front opening of the module housing adjacent the front end of the cell stack assembly, the front sealing plate having an inlet for introducing an insulation cooling liquid; and a rear sealing plate configured to cover a rear opening of the module housing adjacent the rear end of the cell stack assembly, the rear sealing plate having an outlet for discharging the insulation cooling liquid, and a terminal assembly coupled to the front sealing plate, the terminal assembly including an external terminal positioned along an outer side of the front sealing plate, the terminal assembly including a stud extending from the front bus bar frame assembly through a terminal hole in the front sealing plate to electrically connect the external terminal and the plurality of battery cells, and the terminal assembly including a terminal spacer axially aligned with the terminal hole, wherein the stud extends through the terminal spacer such that the terminal spacer is concentrically arranged around the stud in a manner which obviates the instant claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US Pub 2020/0343604 newly cited) teaches a similar battery module with internal cooling structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/ Primary Examiner, Art Unit 1723