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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/16/2026 has been entered.
Response to Amendments
In response to the amendments filed 07/16/2026:
Claims 1 and 3-20 are pending in the current application. Claim 2 has been canceled. Claims 1,3,5-6,13,15,17, and 19-20 have been amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 13, and 19 recite “…wherein the venting guide unit includes a material configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness”.
The claims define the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieve.
The instant disclosure teaches “the venting guide unit 400 may include a material that is hardened due to heat conduction generated as the internal temperature of the cell case 300 rises. As an example, the venting guide unit 400 may include clay that becomes hard when being heated for a specific time, but is not limited thereto” (P59). However, no temperature, composition/phase of the material of the venting guide unit prior to heat generation, or method is taught and thus the hardening can happen as an initial step or at any other point. In light of the instant disclosure, the venting guide unit is intended to keep the cell sealed, therefore forcing generated gas to be discharged from a fragile spot/vent/predetermined region. One of ordinary skill in the art would not know what other components would need to be used with the clay, or the amount, how cured, or material composition that must be included order to provide the function.
"Even if a claim is supported by the specification, the language of the specification, to the extent possible, must describe the claimed invention so that one skilled in the art can recognize what is claimed. The appearance of mere indistinct words in a specification or a claim, even an original claim, does not necessarily satisfy that requirement." MPEP 2163.03
Claims 3-12,14-18, and 20 are rejected for depending on claims 1,13, and 19 respectively.
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 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.
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.
Claims 1, 3-5, 10-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Seong et al. (US 20150093608) in view of Yoon et al. (US 20060286450).
Regarding claim 1, Seong teaches a battery cell 100 comprising an electrode assembly 120; an electrode lead 132/134 connected to the electrode assembly 120,
a cell case 110 accommodating the electrode assembly 120, a first portion 122/124 of the electrode lead disposed within the cell case and a second portion 132/134 of the electrode lead extending away from the cell case 110 ((P58-62; Fig. 1-2), and
a venting guide unit, or frame 210 coupled to a first side of the cell case, the venting guide unit defining a U-shaped first slot to receive and secure at least a portion of the first side therewithin, wherein the unit/frame is integrally coupled to cover the outer circumference of the cells 100 (P65.70; Fig. 2-5), the second portion 132/134 of the electrode lead extending through an opening in the venting guide unit,
wherein the venting guide unit 210 is configured to induce a formation of a break region in the cell case 110 when an internal pressure of the cell case 110 exceeds a threshold pressure, the break region located away from the venting guide unit, wherein the break region is at a region where the venting guide unit is cut out and removed, and the break region configured to rupture, or the sealing of the case is released based on the venting guide portion of the frame, and provide a venting channel 240 for discharge of venting gas (P65-67.76-80; Fig. 2-8).
Seong teaches the material of the venting guide unit is not particularly limited but may include thermosets such as rubber or silicone (P33-35), but is silent in teaching but is silent in teaching the venting guide unit includes a material configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness.
Thus because the venting guide unit of Seong performs the claimed function of inducing formation of a break region in the cell case when an internal pressure of the cell case exceeds a threshold pressure, the venting guide unit of Seong could reasonably be expected to result in a venting guide unit including a material, or the thermoset (material hardening with heat) configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness, as the venting guide unit. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of either anticipation or obviousness has been established. MPEP 2112.01
Furthermore, Yoon, in a similar field of endeavor also teaches a molding for a pouch cell (P16; Fig. 1-2). Yoon teaches the material of typical such units include thermosets and clay to have the unit increase strength of the sealing of a cell (P6.9.19)
Therefore, it also would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use a material such as clay in the venting guide unit of Seong as taught by Yoon to be a well-known material used in the art that increases strength. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved.
Regarding claim 3, modified Seong teaches the venting guide unit 410 is configured to induce channel through a predetermined region, the venting gas being discharged through the venting channel 440 (P65-67.70.77-79; Fig. 1-11).
Regarding claim 4, modified Seong teaches the cell case 110 includes an accommodation portion 112 and a sealing portion, the accommodation portion defining a volume to accommodate the electrode assembly 120 therein (P59), the sealing portion extending from the accommodation portion by a predetermined length, the portion of the first side disposed within the first slot of the venting guide unit includes the sealing portion (P59-62.65-66.70; Fig. 2-10).
Regarding claim 5, modified Seong teaches the venting channel 240/440 is located between the first side and a second side of the cell case adjacent the first side (P24-25; Fig. 3-12).
Regarding claim 10, modified Seong teaches a battery module, comprising a battery cell according to claim 1 (P38)
Regarding claim 11, modified Seong teaches a battery pack, comprising at least one battery module according to claim 10 (P38).
Regarding claim 12, modified Seong teaches a vehicle, comprising at least one battery pack according to claim 11 (P38-39).
Regarding claim 13, Seong teaches a battery cell 100 comprising an electrode assembly 120; a first electrode lead 132 and a second electrode lead 134 connected to the electrode assembly 120, a cell case 110 accommodating the electrode assembly 120,
a first venting guide unit, or frame 210 coupled to a first side of the cell case, the venting guide unit defining a U-shaped first slot to receive and secure at least a portion of the first side therewithin, wherein the unit/frame is integrally coupled to cover the outer circumference of the cells 100 (P23.65.70; Fig. 2-5), the second portion 132/134 of the electrode lead extending through an opening in the first venting guide unit,
wherein the first venting guide unit 210 is configured to induce a formation of a break region in the cell case 110 when an internal pressure of the cell case 110 exceeds a threshold pressure, the break region configured to rupture, or the sealing of the case is released based on the venting guide portion of the frame, and provide a venting channel 240 for discharge of venting gas, the break region located away from the first venting guide unit, or where the frame has been removed (P65.76-80; Fig. 2-8).
Seong teaches the material of the venting guide unit is not particularly limited but may include thermosets such as rubber or silicone (P33-35), but is silent in teaching but is silent in teaching the venting guide unit includes a material configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness.
Thus because the venting guide unit of Seong performs the claimed function of inducing formation of a break region in the cell case when an internal pressure of the cell case exceeds a threshold pressure, the venting guide unit of Seong could reasonably be expected to result in a venting guide unit including a material, or the thermoset (material hardening with heat) configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness, as the venting guide unit. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of either anticipation or obviousness has been established. MPEP 2112.01
Furthermore, Yoon, in a similar field of endeavor also teaches a molding for a pouch cell (P16; Fig. 1-2). Yoon teaches the material of typical such units include thermosets and clay to have the unit increase strength of the sealing of a cell (P6.9.19)
Therefore, it also would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use a material such as clay in the venting guide unit of Seong as taught by Yoon to be a well-known material used in the art that increases strength. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved.
Regarding claim 14, modified Seong teaches a second venting guide unit coupled to a second side of the cell case, the second side being opposite to the first side, or the frame forming a second venting guide on the opposite/second side of the cell case (P59-62.65-66.70; Fig. 2-10).
Regarding claim 15, modified Seong teaches the second venting guide unit, or second end of the frame, secures at least a portion of the second side therewithin, the second electrode lead, which may be positioned to protrude from the opposite side of the cell (P22-24), extending away from the cell case through the second venting guide unit, wherein the guide unit covers each side excluding a portion for the terminal to protrude (P22-24), the second venting guide unit being configured to discharge the venting gas through a predetermined region of the cell case as the internal pressure of the cell case increases, the predetermined region being located adjacent the second venting guide unit (P24-25.65-67.70.77-79; Fig. 1-11).
Regarding claim 16, modified Seong teaches a third venting guide unit coupled to a third side of the cell case extending between the first and second sides, or the side between the first and second sides covered by the unit (P24-25.65-67.70.77-79; Fig. 1-11).
Regarding claim 19, Seong teaches a battery cell 100 comprising an electrode assembly 120; a first electrode lead 132 and a second electrode lead 134 connected to the electrode assembly 120,a cell case 110 accommodating the electrode assembly 120,
a first venting guide unit, or frame 210 coupled to a first side of the cell case, the venting guide unit defining a U-shaped first slot to receive and secure at least a portion of the first side therewithin, wherein the unit/frame is integrally coupled to cover the outer circumference of the cells 100 (P23.65.70; Fig. 2-5), the second portion 132/134 of the electrode lead extending through an opening in the first venting guide unit,
a second venting guide unit coupled to the second side of the cell case, the second side being opposite to the first side, or the frame forming a second venting guide on the opposite/second side of the cell case (P59-62.65-66.70; Fig. 2-8), the second venting guide unit, or second end of the frame, secures at least a portion of the second side therewithin, the second electrode lead, which may be positioned to protrude from the opposite side of the cell (P22-24), extending away from the cell case through the second venting guide unit, wherein the guide unit covers each side excluding a portion for the terminal to protrude (P22-24), and a third venting guide unit coupled to a third side of the cell case extending between the first and second sides, or the side between the first and second sides covered by the unit (P24-25.65-67.70.77-79; Fig. 1-8), wherein the first venting guide unit 210 is configured to induce a formation of a break region in the cell case 110 when an internal pressure of the cell case 110 exceeds a threshold pressure, the break region located away from the first venting guide, or in a location where the venting guide unit has been removed, and the break region configured to rupture, or the sealing of the case is released based on the venting guide portion of the frame, and provide a venting channel 240 for discharge of venting gas (P27.65.76-80; Fig. 2-8).
Seong teaches the material of the venting guide unit is not particularly limited but may include thermosets such as rubber or silicone (P33-35), but is silent in teaching but is silent in teaching the venting guide unit includes a material configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness.
Thus because the venting guide unit of Seong performs the claimed function of inducing formation of a break region in the cell case when an internal pressure of the cell case exceeds a threshold pressure, the venting guide unit of Seong could reasonably be expected to result in a venting guide unit including a material, or the thermoset (material hardening with heat) configured to transition in response to heat generated from the cell case from an initial state having a first hardness to a hardened state having a second hardness greater than the first hardness, as the venting guide unit. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of either anticipation or obviousness has been established. MPEP 2112.01
Furthermore, Yoon, in a similar field of endeavor also teaches a molding for a pouch cell (P16; Fig. 1-2). Yoon teaches the material of typical such units include thermosets and clay to have the unit increase strength of the sealing of a cell (P6.9.19)
Therefore, it also would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use a material such as clay in the venting guide unit of Seong as taught by Yoon to be a well-known material used in the art that increases strength. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over modified Seong as applied to at least claim 5 above, and further in view of Rhee (US 20220021073).
Regarding claim 6, modified Seong teaches the venting channel can be formed in any direction, is not restricted, and may be selected such that in an array each channel is aligned (P23-28).
Seong in silent in teaching the venting channel is a corner formed between the first and second side of the cell case; however, Rhee, in a similar field of endeavor, also teaches venting of battery cells (P13-14).
A venting channel is formed in a corner, between a first and second side of the cell case, or at a vertex which is the corner, a point of weakness, of the cell to discharge flame, gas and the like quickly to avoid explosion (P44-46.51-62; Fig. 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to form the venting channel in a corner formed between the first side and a second side of the cell case of Seong, as taught by Rhee, to account for general pouch manufacture and have a quick discharge, avoiding explosion. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. MPEP 2144.04
Regarding claim 7, modified Seong teaches including a lead film 140 disposed around the electrode lead, 132 the lead film 140 being disposed within the first slot of the venting guide unit (P60; Fig. 2-3).
Regarding claim 8, modified Seong teaches the venting guide unit is disposed around a portion of the electrode lead (P59-62.65-66.70; Fig. 2-10).
Regarding claim 9, modified Seong teaches the corners of the cell may be chamfered (Fig. 3.10.12). Rhee of modified Seong shows when the corner is used as the corners may be chamfered, wherein when used as the venting channel corner, it is shown chamfered, as a weakness point to induce the channel formation at a known weak vertex point delaying ignition (P53- 66; Fig. 2-3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to chamfer the corner of modified Seong in view of Rhee to form the weak point of the seal at the corner vertex of the cell delaying ignition.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over modified Seong as applied to at least claim 16 above, and further in view of Rhee (US 20220021073).
Regarding claim 17, Seong teaches the venting channel can be formed in any direction, is not restricted, and may be selected such that in an array each channel is aligned (P23-28).
Modified Seong in silent in teaching the venting channel is a corner formed between the first and second side of the cell case; however, Rhee, in a similar field of endeavor, also teaches venting of battery cells (P13-14).
A venting channel is formed in a corner, between a first and second side of the cell case, or at a vertex which is the corner, a point of weakness, of the cell to discharge flame, gas and the like quickly to avoid explosion (P44-46.51-62; Fig. 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to form the venting channel in a corner formed between the first side and a second side of the cell case of modified Seong, as taught by Rhee, to account for general pouch manufacture and have a quick discharge, avoiding explosion. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. MPEP 2144.04
Regarding claim 18, modified Seong teaches the corners of the cell may be chamfered (Fig. 3.10.12). Rhee of modified Seong shows when the corner is used as the corners may be chamfered, wherein when used as the venting channel corner, it is shown chamfered, as a weakness point to induce the channel formation at a known weak vertex point delaying ignition (P53- 66; Fig. 2-3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to chamfer the corner of modified Seong in view of Rhee to form the weak point of the seal at the corner vertex of the cell delaying ignition.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over modified Seong as applied to at least claim 19 above, and further in view of Rhee (US 20220021073).
Regarding claim 20, modified Seong teaches the venting channel can be formed in any direction, is not restricted, and may be selected such that in an array each channel is aligned (P23-28).
Modified Seong in silent in teaching the venting channel is located at a first corner formed between the first and an adjacent fourth side of the cell case, the fourth side being opposite to the third side; however, Rhee, in a similar field of endeavor, also teaches venting of battery cells (P13-14).
A venting channel is formed in a corner, between a first and adjacent side of the cell case, or at a vertex which is the corner, a point of weakness, of the cell to discharge flame, gas and the like quickly to avoid explosion (P44-46.51-62; Fig. 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to form the venting channel in a corner formed between the first side and an adjacent side, such as the fourth side opposite to the third side of the cell case of Seong, as taught by Rhee, to account for general pouch manufacture and have a quick discharge, avoiding explosion. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. MPEP 2144.04
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive.
Applicant argues:
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Examiner respectfully disagrees. Seong teaches:
“…the venting guiding portion is not particularly restricted so long as a portion of the outer circumference of each of the battery cells is exposed or can be exposed from the venting guiding portion. For example, the venting guiding portion may be formed by cutting a portion of each of the frames such that a portion of the outer circumference of a corresponding one of the battery cells is exposed…” (P27) and “…a venting guiding portion formed by cutting out or otherwise removing a section of the frame…” (P76). This embodiment is shown in Fig. 3-8, while the embodiments of Applicants argument are in reference to Fig. 10-14, taught as alternatives by Seong (P27.76).
Applicant argues:
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Examiner notes 112(a) rejection above. The arguments of counsel cannot take the place of evidence in the record (“An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness.”). Once the examiner has established a prima facie case of lack of description, the burden falls on the applicant to present persuasive arguments, supported by suitable proofs where necessary, that one skilled in the art would have been able to make and use the claimed invention using the disclosure as a guide. In re Brandstadter, 484 F.2d 1395, 179 USPQ 286 (CCPA 1973). Affidavits or declarations purporting to explain the disclosure or to interpret the disclosure of a pending application are usually not considered. In re Oppenauer, 143 F.2d 974, 62 USPQ 297 (CCPA 1944).
The disclosure only teaches that “the venting guide unit may include a material that is hardened by heat generated from the cell case”, “the venting guide unit 400 may stably bind the aforementioned fragile site by including a material that is hardened due to heat conduction. Accordingly, the venting guide unit 400 may prevent the venting gas from being discharged to the outside of the cell case 300 through the fragile site” (P61) and “As an example, the venting guide unit 400 may include clay that becomes hard when being heated for a specific time, but is not limited thereto” (P59). However, one of ordinary skill would not know how to form such a layer that hardens at the correct rate to direct discharged gas. Nor, what alternatives or composition such a guide must have. As such, and best deduced in light of the disclosure, including any materials known to harden with applied heat such as thermosets (i.e., rubber and silicon) and clay will meet the limitation. Also, while Seong is silent in teaching the functional limitation of hardening, the guide unit of Seong performs the exact same advantage as that claimed of sealing a cell and directing gas to a break region. It has been held that where the claimed and prior art products are identical or substantially identical in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 U.S.C. 102 and 103.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. MPEP 2112
Conclusion
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/Amanda Rosenbaum/Examiner, Art Unit 1752
/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752