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
Applicant's arguments filed 16 June 2026 have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the edge cover portion is bent directly from an upper or lower end of the body contact portion itself”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). As applicant notes, the Jo teaches grip portions 137 extend from the body portion at a slant (as described in paragraph [0116]:
[0116] In addition, the sidewall 135 of the heat dissipation plate 130 may have a grip portion 137 so that at least a portion of the sidewall 135 closely adheres and supports the outer surface of the secondary battery 110. Further, the grip portion 137 may be formed by convexly extending a portion of the sidewall 135 outwardly with a slant from the base plate 133.
The Examiner maintains that forming grip portions as described in the prior art above is reasonably considered an edge cover portion 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 as forming a convexly extending portion of the sidewall at an angle as described by the prior art would necessarily requiring bending the metal heat dissipation plate 130 to form such structures.
In any event, the Examiner notes that “an edge cover portion bent at…” is drawn to products by process. Per MPEP 2113, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) In the instant case, the product set forth in product-by-process claims is the same as that set forth by the Jo et al. reference below.
Therefore, the rejection is maintained and made FINAL. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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
Claims 1, 3-7, 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 the amendment, 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
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 of the previous office action is maintained. Applicant notes the intention to file a terminal disclaimer which will overcome the double patenting rejection; however, such the terminal disclaimer has not yet been filed.
The Examiner notes that the co-pending application has issued as US Patent No. 12,695,136 and therefore this rejection is no longer provisional.
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) teaches a similar battery module with internal cooling structure.
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 Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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