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 .
DETAILED ACTION
This Office action is in response to Application No. 18/034,950 to Ju et al., assigned to LG Energy Solution, Ltd., Seoul, Korea, filed 05/02/2023, and published as U.S. PG Publication 2023/0402681 on 12/14/2023. This application is a 371 national stage of PCT/KR2022/008029 filed 06/07/2022 and claims foreign priority to Korean application KR10-2021-0074425 filed 06/08/2021.
Status of the Claims
The status of the claims as filed on 05/02/2023 stand as follows
Currently amended 1, 3, 7-13
Original 2, 4-6
Claims 1-13 are currently pending in this application.
Foreign Priority Benefit
Acknowledgment is made of applicant’s claim to foreign priority benefit from Korean application KR10-2021-0074425 filed 06/08/2021. A certified copy of the priority document has been filed and is made of record.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/02/2023; 07/09/2024; 07/30/2024; 08/05/2025 have been placed in the application file and the information referred to therein has been considered by the examiner. Duly initialed and signed copies are attached herewith. Accordingly, information disclosure statements are being considered if signed and initialed by Examiner.
Drawings
The drawings filed on 05/02/2023 are acceptable for examination purposes
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 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-10, 12-13 of co-pending Application No. 18/034,944 (reference application; application is allowed but not published yet). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of instant application recites the limitation a battery module comprising a submodule including plurality of battery cells and cooling fin interposed between the adjacent cells; a module housing configured to house the sub module; a front sealing plate; a rear sealing plate and a sensing assembly to sense voltage of the cells . Claim 1 of co-pending application 18/034,944 also recite a battery module comprising a submodule including plurality of battery cells, the cells assembly include a flow path spacer between the cells; a module housing configured to house the sub module; a front sealing plate; a rear sealing plate; a sensing assembly to sense voltage of the cells. Claim 2 of instant application recites the sensing assembly is disposed on the top of the sub module. Claim 2 of co-pending application also recites similar limitation. Claim 3 of instant application recites a sensing line electrically connected to the plurality of battery cells and extending from first longitudinal end of battery cells to the second longitudinal end. Claim 3 of co-pending application also recites similar limitation. Claim 4 of instant application recite the sensing line interposed between cell body portion and cell wing portion. Claim 4 of co-pending application also recites similar limitation. Claim 5 of instant application recite the sensing assembly further includes a temperature sensor mounted on the sending line. Claim 5 of co-pending application also recites similar limitation. Claim 6 of instant application recites the temperature sensor interposed between cell body portion and a cell wing portion. Claims 6 of co-pending application recites similar limitation. Claim 8 of instant application recites a front bus bar assembly and a rear bus bar assembly. Claim 8 of co-pending application recites similar limitation. Claim 9 of instant application recites the bus bar frame assembly include plurality of cooling liquid holes. Claim 9 and 10 of co-pending application recite similar limitations. Claim 12 and 13 of instant application discloses battery pack comprising the battery module of claim 1, and a vehicle comprising the battery module. Claim 12 and 13 of co-pending application recite similar limitation.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim 1-13 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation, “…a front sealing plate configured to cover an opening at a first longitudinal side of the module housing and having an inlet; a rear sealing plate configured to cover an opening at a second longitudinal side of the module housing opposed the first longitudinal side and having an outlet…“ The “inlet” and “outlet” by itself without being qualified as to what they allow-in and allow-out of the module housing such as coolant gas, coolant liquid, electrolyte, connection wires, etc., is considered to be indefinite and renders the claim indefinite. The instant specification was reviewed for any disclosure regarding the “inlet” and “outlet”, and the specification discloses “…cooling liquid introduced to the module housing through the inlet (Instant Specification paragraph 0017), and “…discharged to the outside of the module housing through the outlet (Instant Specification paragraph 0018). Therefore, applicant is required to amend the claim and include a language that better define the “inlet” and “outlet”.
Claim 3 recites the limitation "”…the first longitudinal end of the battery to the second longitudinal end..." in line 3. Claim 3 itself or claim 1 upon which claim 3 depends do not recite “…a first longitudinal end…” or “…a second longitudinal end…” of the battery cells. There is insufficient antecedent basis for this limitation in the claim.
Claims 2 and 4-13 are rejected as being dependent on the rejected claims 1 and 3.
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, 2, 3, 5, 12, 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirschbeck et al (EP 3493292; hereafter EP ‘292)
Regarding Claim 1 and 12 EP ‘292 discloses a battery system 100 (EP ‘292 Fig. 1, paragraph 0010, 0033) considered equivalent to the battery pack of claim 12 , and including battery modules comprising sub modules 40 (EP ‘292 Fig. 2, paragraph 0012) including a plurality of battery cells 1 connected to each other to form a submodule and several submodules are connected to each other to form the module (EP ‘292 Fig. 2, paragraph 0005, 0012, 0034), the plurality of battery cells are equivalent to a cell stack assembly having a plurality of battery cells. EP ‘292 discloses a cooling fin 68 interposed between adjacent battery cells (EP ‘292 Fig. 4, paragraph 0012). EP ‘292 discloses a module housing to accommodate the sub module (EP ‘292 paragraph 0010, 0012), and having a pair of side plates 31, a front sealing plate 33 and a rear sealing plate 33 configured to cover openings at a first longitudinal side and at a second longitudinal side of the module housing opposed the first longitudinal side, a bottom plate 32 and upper plate 34 (EP ‘292 Fig. 2). EP ‘292 discloses the carrier frame, equivalent to the housing, comprise coolant ports configured to be connected to cooling cannels (EP ‘292 paragraph 0021, 0041), the ports are considered equivalent to the inlet and outlet. EP ‘292 discloses battery module comprise sensing unit 35 including sensors and electronic including printed circuit board (EP ‘292 paragraph 0048) considered equivalent the sensing assembly; the battery cells are electrically connected to the sensing unit by voltage supervision circuit (EP ‘292 paragraph 0015) considered equivalent to being configured to sense voltage of the battery cells.
Regarding claim 2 EP ‘292 discloses the sensing unit 35 may be provided between the ell cover 34 and the top part of the battery sub module (EP ‘292 Fig. 2, paragraph 0048), the sensing unit is considered equivalent to the sensing assembly.
Regarding claim 3 the sensing unit 35, equivalent to the sensing assembly, has a sensing line connected to the plurality of battery cells (EP ‘292 paragraph 0050), and since the voltage sensing lines electrically connect all the plurality cells (EP ‘292 paragraph 0014, 0049) it extends from one end of the battery module to the other end.
Regarding claim 5 EP ‘292 discloses the sensing unit, equivalent to the sensing assembly may include a cell temperature supervision circuit (EP ‘292 paragraph 0014,.0015) and temperature sensors for temperature supervision of the cells (EP ‘292 paragraph 0050).
Regarding claim 13 EP ‘292 discloses a vehicle including the disclosed battery system (EP ‘292 paragraph 0024).
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.
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.
Claim 4, 6, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hirschbeck et al (EP 3493292; hereafter EP ‘292) as applied to claim 1, 3 and 5 above in view of Pflueger et al. (U.S. PG Publication 2017/0214017)
The discussion of EP ‘292 as applied to claim 1, 3 and 5 above is fully incorporated here and is relied upon for the limitation of the claim in this section.
Regarding Claim 4 EP ‘292 discloses the sensing unit 35, equivalent to the sensing assembly, has a sensing line connected to the plurality of battery cells (EP ‘292 paragraph 0050), but is silent about the sensing line is interpose between a cell body of the battery cells and a cell wing portion folded towards the cell body portion.
Pflueger discloses a battery module which has a multiplicity of battery cells and a method of insulting the battery module (Pflueger paragraph 0003) and insulating the multiplicity of battery cells from each other (Pflueger paragraph 0007). The insulation element 20 of the battery cells have attachment sections 22 extending over the dimension of the battery cells 10 and form wing-like sections on the insulation element 20 and is folded towards the cell body portion (Pflueger Fig. 3, 4, paragraph 0023) considered equivalent to the cell wing portion folded toward the cell body. Pflueger is silent about a sensing line interposed between the cell body portion and the wing-like portion. However, it would have been obvious to a person of ordinary skill to have modified the battery cells of EP ‘292 by of the insulation element 20 of Pflueger having the wing-like portion (Pflueger Fig. 3, 4, paragraph 0023) for insulating the individual battery cell and to have made the insulating member having the wing-like portion to also cover the sensing line for added protection of the sensing line so that the sensing line is interposed between the battery cell body and the wing-like portion of Pflueger. According to the MPEP such a modification can be considered as the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Regarding claim 6 EP ‘292 is silent about the temperature sensor being interposed between a cell body portion of the battery cell and a cell wing portion folded towards the cell body. However, it would have also been obvious to a person of ordinary skill to have interposed the temperature sensors for temperature supervision of the cells disclosed by EP ‘292 (EP ‘292 paragraph 0050) between the battery cell body and the insulation member having the wing-like portion as disclosed by Pflueger (Pflueger Fig. 3, 4, paragraph 0023) for added insulation and protection of the temperature sensor (MPEP 2143 I C).
Regarding claim 7 EP ‘292 discloses the cooling fin 68 interposed between adjacent battery cells is a flat-shape plate includes a body portion interposed between adjacent battery cells (EP ‘292 Fig. 4, paragraph 0012). But EP ‘292 is silent about a wing cover portion bent at one of top and bottom of a body contact portion to cover a cell wing portion. However, it would have been obvious to a person of ordinary to have made a wing-like portion in the interposing fin similarly to the insulation member of Pflueger (Pflueger Fig. 3, 4, paragraph 0023) and to have made it cover one of a top part and a lower side of the wing-like portion in the battery cell of EP ‘299 as modified by Pflueger (Pflueger Fig. 3, 4, paragraph 0023) for added insulation and protection of the battery cells (MPEP 2143 I C).
Claim 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hirschbeck et al (EP 3493292; hereafter EP ‘292) in view of Pflueger et al. (U.S. PG Publication 2017/0214017) as applied to claim 7 above, and further in view of Jo et al. (U.S. PG Publication 2020/0076025)
The discussion of EP ‘292 and Pflueger as applied to claim 7 above is fully incorporated here and is relied upon for the limitation of the claim in this section.
Regarding claim 8 EP ‘292 discloses the battery system has bus bar for the interconnecting of positive and negative terminals of the battery cells (EP ‘299 paragraph 0050), but EP ‘299 is silent about the submodule include front bus bar frame assembly and a rear busbar frame assembly. Jo discloses a battery module comprising cell assembly having plurality of secondary batteries (Jo paragraph 0013, 0014). Jo discloses the battery module has a bus bar assembly located at a front side or a rear side of the cell assembly (Jo paragraph 0014), the front side and rear side are equivalent to the first longitudinal side of the cell stack and the second longitudinal side opposite the first longitudinal side. Jo is silent that the bus bar assembly are found on both front end and rear end. However, it would have been obvious to a person of ordinary skill to have made the bus bar of Jo in the battery stack of EP ‘292 in both the front end and rear end of the cell assembly since such a modification is considered duplication of parts. According to the MPEP, duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 9 Jo discloses the battery module includes an end cover coupled to an outer side surface of the bus bar assembly and having a vent hole H2 communicating with the coolant moving portion so that the coolant is introduced from the outside or discharged to the outside (Jo Fig. 1, paragraph 0014, 0033), and the vent hole may communicate with the insert hole formed in the bus bar frame (Jo paragraph 0091), the holes in the busbar cover communicating with the insert hole formed in the bus bar is considered equivalent to the cooling liquid holes recited in claim 9. But Jo is silent about the vent hole is positioned between the module housing and the cell wing portion, and between the wing cover portion and the cell wing portion, since the vent holes communicate with the insert holes of the bus bar (Jo paragraph 0092) the holes are positioned between the module housing and the battery cells as the bus bar is located between the housing the battery cells (Jo Fig. 2). Further to make the cooling liquid contact the body of the battery cells for an efficient cooling of the battery cells it would have been obvious to a person of ordinary skill to have also placed the cooling liquid holes between the wing cover portion and the cell wing portion wing portion folded toward the cell body disclosed by Pflueger (Pflueger Fig. 3, 4, paragraph 0023). Such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Claim 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hirschbeck et al (EP 3493292; hereafter EP ‘292) in view of Pflueger et al. (U.S. PG Publication 2017/0214017) and further in view of Jo et al. (U.S. PG Publication 2020/0076025) as applied to claim 9 above, and Deng et al. (U.S. PG Publication 2017/0162923; cited in the IDS dated 05/02/2023)
Regarding claim 10 and 11 Jo discloses a cell assembly having plurality of secondary batteries and a coolant introduced to the cell assembly from outside and discharged to the outside (Jo paragraph 0014, 0031), the coolant flows through the housing (Jo paragraph 0079); thus, the coolant is a liquid and is considered equivalent to the cooling liquid. Jo is silent about the coolant, considered equivalent to the cooling liquid, is an insulating cooling liquid as recited in claim 10 and 11. Deng discloses a liquid-cooled battery pack system including a battery module, the battery case and a cooling insulating liquid (Deng paragraph 0016). Deng discloses the cooling liquid has electrical insulation (Deng paragraph 0020). Therefore, it would have been obvious to a person of ordinary skill in the art to have used the insulating cooling liquid of Deng (Deg paragraph 0020), in the battery system of EP ‘292 as modified by the coolant of Jo (Jo paragraph 0014, 0031), since the cooling liquid of Deng provided electrical insulation (Deng paragraph 0020), and thus, eliminates any unwanted electrical conduction between the battery cells. According to the MPEP such a modification can be considered as the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Jo discloses a cell assembly having plurality of secondary batteries and a coolant introduced to the cell assembly from outside and discharged to the outside (Jo paragraph 0014, 0031). Jo also discloses holes in the busbar cover communicating with the insert hole formed in the bus bar (Jo paragraph 0019); thus, the coolant of Jo, modified by the insulating cooling liquid of Deng, is introduced to the cell assembly from outside though the vent hole and the insert hole of the bus bar (Jo Fig. 2, paragraph 0014) equivalent to the cooling liquid flow recited in claim 10, and is discharged to the outside of the cell assembly (Jo Fig. 2, paragraph 0014), equivalent to the insulating cooling liquid discharge to the outside recited in claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/OMAR M KEKIA/ Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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