DETAILED ACTION
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 .
Claim Interpretation
The examiner is interpreting the claim limitation of a “collection plate” in claim 1 line 7 to be a component of a busbar assembly which is electrically connected to a plurality of cells [0006, instant spec].
Claim Objections
Claim 9 objected to because of the following informalities:
In claim 1 and 12 applicant appears to describe a plurality of discrete portions of non-combustible compound in line 9.
However, Claim 9 line 2 does not follow this consistency. Examiner suggests amending such that claim 9 line 2 reflects this distinction between the portions to improve clarity and consistency (including in dependent claims 8 and/or 9).
Examiner Interpretation
Claim 1 line 2 recites a “vent means” this has been considered for a 112f but has been determined to meet all prongs for invoking a 112f. While a “vent means” uses means there is no modification by functional language present per se and “vent” suggests structure of an opening therefore the second prong test has been failed and as such a “vent means” will be interpretated according to the BRI as any structure capable of venting. If Applicant intended to invoke 35USC112f the examiner suggesting amending to “means for venting”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-2, 5, 10-13 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ahn (US20200227708A1).
Regarding claim 1 and 12, Ahn discloses a battery module and method comprising: a plurality of cylindrical cells [0012-0024, Ahn], each of the cylindrical cells having a vent means (130) located at a first end of the cylindrical cell [0067-0068, fig. 3, Ahn], wherein the first ends of at least some of the cylindrical cells are substantially coplanar [fig. 1-2, 5-6, 10-12, Ahn]; a busbar (240 and/or 260) assembly [0112-0125, 0149-0153, Ahn], wherein at least a portion of the busbar assembly is located adjacent to coplanar first ends of the cylindrical cells and wherein the portion of the busbar assembly adjacent to the coplanar first ends comprises a collection plate having one or more apertures or voids [fig. 5 and 10-12, Ahn]; a plurality of discrete portions (217) of a non-combustible compound [0130-0137, fig. 5, 10-12, Ahn], at least some of the portions being located within one of the apertures or voids and adjacent to the first end of at least one of the cylindrical cells [fig. 5, 10-12, Ahn]; and a pad (230) located adjacent to the busbar assembly [0107-0110, fig. 2 and 9, Ahn], wherein the pad at least partially covers the apertures or voids [fig. 2 and 9, Ahn].
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Annotated figure. 5, Ahn
Regarding claim 2 and 5, Ahn discloses a battery module wherein the pad (230) is a heat-resistant pad made of a mica material [0108, Ahn].
Regarding claim 10, Ahn discloses a battery pack comprising a plurality of modules [0160, Ahn].
Regarding claim 11 and 13, Ahn discloses a vehicle comprising the battery module [0003, 0178, Ahn].
Claim(s) 1-2, 5, 8, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon (US20200127249A1).
Regarding claim 1 and 12, Yoon discloses a battery module and method of manufacturing comprising a plurality of cylindrical cells [0008, fig. 1, Yoon discloses that as the cell experiences an abrupt increase in internal pressure the top cap region is likely to break first. The reads on a vent means], each of the cylindrical cells having a vent means located at a first end of the cylindrical cell [0056, Yoon], wherein the first ends of at least some of the cylindrical cells are substantially coplanar [fig. 2-8, Yoon]; a busbar (130/140 and/or 300) assembly [0058-0069, 0080-0083, fig. 2-3 and 6-9, Yoon ], wherein at least a portion of the busbar assembly is located adjacent to coplanar first ends of the cylindrical cells and wherein the portion of the busbar assembly adjacent to the coplanar first ends comprises a collection plate having one or more apertures or voids [fig. 2 and 7-9, Yoon]; a plurality of discrete portions of a non-combustible compound (123) [0055-0056, fig. 3 and 7-9, Yoon], at least some of the portions being located within one of the apertures or voids and adjacent to the first end of at least one of the cylindrical cells [fig. 2, 7-9, Yoon]; and a pad (200) located adjacent to the busbar assembly [0079-0080, fig. 6-7, Yoon], wherein the pad at least partially covers the apertures or voids [fig. 7, Yoon].
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Annotated figure 8, Yoon
Regarding claim 2, modified Yoon discloses the battery module, wherein the pad is a heat-resistant pad [0108, Yoon].
Regarding claim 5, modified Yoon discloses the battery module, wherein the pad is formed from mica [0108, Yoon].
Regarding claim 8, modified Yoon discloses the battery module, wherein the busbar assembly comprises a respective aperture or void adjacent to each of the cylindrical cells [fig. 2 and 7-9, Yoon], wherein a respective cavity is defined by each aperture or void and the first end of the adjacent cell or a second end of the adjacent cell [fig. 2 and 7-9, Yoon], wherein the discrete portions of non-combustible compound are located in the cavities and the pad substantially covers the cavities [fig. 2 and 7-9, Yoon].
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Annotated figure 8, Yoon
Regarding claim 10, modified Yoon discloses a battery pack comprising a plurality of modules [0073-0077, fig. 7-9, Yoon].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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(s) 3-4, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 1 above, and further in view of Sweeny (US 20180277810 A1).
Regarding claim 3, modified Yoon is silent to a plurality of weakened regions on the pad.
However, Sweney discloses a battery module comprised of a plurality of cylindrical batteries (125) in which a thermal shield (115, “pad”) is placed on top of the battery cells [0020, fig. 1-4, Sweeny]. Wherein the thermal shield possess a plurality of hole patterns (420) with perforated pattern cut (430, “weakened regions”) into the thermal shield that allows the thermal shield to deform or tear when the cell vents hot gas [0029, fig. 4b, Sweeny].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Yoon such that the pad had hole patterns with perforated pattern cuts (“weakened regions”). Doing so would allow for the pad to deform or tear when the cell vents hot gas [0029, Sweeny].
Regarding claim 4, Modified Yoon discloses the battery module as claimed in claim 3, wherein the plurality of weakened regions are substantially aligned with the apertures or voids [fig. 7, Sweeny].
Regarding claim 11 and 13, Yoon discloses that secondary batteries are in demand as an energy source [0003, Yoon], but is explicitly silent to them being used for a vehicle.
However, Sweeny discloses that cylindrical battery modules may being used in (electric) vehicles that require a power source [0003, 0019, Sweeny].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Yoon such that the battery module was used in a (electric) vehicle. Doing so would provide a power source for it [0019, Ahn].
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 1 above, and further in view of Simon (WO2017042308A1).
Regarding claim 6, Modified Yoon is silent to the non-combustible compound comprising a silicone-based compound.
However, Simon discloses that silicone resin can be used as a thermally resistant binder [pg. 3 line 14-16, Simon], including specific commercially available silicone-based compounds which are stable up to 300+oC [page 3 line 35 – page 4 line 6, Simon].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Yoon such that the non-combustible compounds was comprised of a silicone(-based) resin as described by Simon. Doing so would provide a (non-combustible) material that can be stable up to 300+oC [page 3 line 35 – page 4 line 6, Simon]. One would further find this modification obvious as it would be a matter of substituting equivalents (non-combustible mica for non-combustible silicone resin) known for the same purpose, see MPEP 2144.06.II
Regarding claim 9, modified Yoon is silent to the discrete portion of non-combustible compound at least partially securing the pad to the cylindrical cells.
However, Simon discloses that a thermally resistant silicone resin is capable of bonding to mica to form thermally resistant materials [page 3 line 29 - page 4 line 40, Simon].
One of ordinary skill within the arts prior to the time of filling would appreciate that instead of using a silicone based resin to bond two layers of mica together one could just as effectively use it to bind one layer of mica to a cylindrical cell.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Yoon such that the discrete portion of non-combustible compound at least partially secured the pad to the cylindrical cell using a silicone resin. Doing so would allow for one to combine two layers (at least one of which is a mica layer) together using a material that is not easily susceptible to burning [page 3 line 14-16, page 3 line 35 – page 4 line 30, Simon].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 1 above, and further in view of Abu-Isa (US20050170238A1).
Regarding claim 7, modified Yoon is silent to the non-combustible compound comprising an intumescent compound.
However, Abu-Isa the use of an intumescent flame retardant polymeric composition in which an fire resistant additive is blended with a base polymer (including silicone elastomers as noted in the background) for battery cases and internal battery components (“non-combustible compound”) [abstract, 0005-0009, Abu-Isa].
Prior to the effective filing date, on of ordinary skill within the arts would find it obvious to modify Yoon such that the non-combustible compound comprised an intumescent material. Doing so would provide a material inside of a battery case that burns at a slow rate, has a low heat release rate, and provides fire and heat shielding [0017, Abu-Isa].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ahn (US20200227708A1) discloses a safety vent on the caps of the cylindrical cells.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 5712705256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUINTIN D. ELLIOTT/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724