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 Status
Claims 1-15 have been examined on the merits.
Priority
Acknowledgment is made of the applicant's claim for foreign priority based on an application filed in the republic of Korea on 01/14/2022. It is noted that applicant has filed a certified copy of the application, KR10-2022-0005923, as required by 37 CFR 1.55.
Information Disclosure Statement
Each information disclosure statement (IDS) submitted on or before 10/25/2023 is in compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement is being considered by the examiner and an initial copy is attached herewith.
Claim Interpretation
The limitation “breakable” has been interpreted, according to its broadest reasonable interpretation, as capable of being broken.
The limitation “opposes” has been interpreted, according to its broadest reasonable interpretation, as being placed opposite or against something.
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.
Claims 1-15 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite because it unclear what the limitation “those” in line 9 refers to. The limitation could refer to actual temperatures of the first body portion and the second body portion or fusing temperatures of the same. For examination, the limitation has been interpreted according to the latter interpretation. Claims 2-10 are rejected because they are dependent on claim 1.
Claim 1 recites the limitation "the outside" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claims 2-10 are rejected because they are dependent on claim 1.
Claim 5 is indefinite because it is unclear if the limitation “a portion of the insulating cover” refers to the previously recited “portion of the insulating cover” of claim 1 or to another portion. For examination, the former interpretation is used. Claim 6 is rejected because it is dependent on claim 5.
Claim 6 is indefinite because it is unclear if the recitation of "the outside" in line 4 refers to the outside of the flameproof cover or to another outside. For examination, the latter interpretation is used.
Claim 8 is indefinite because seemingly applicant is claiming a method step with the limitation “is used as” in a claim directed to a product, thereby confusing the metes and bounds of the claim. For examination, this limitation is interpreted as meaning “is configured to be”. Claims 8-10 are rejected because they are dependent on claim 8.
Claim 9 recites the limitation "the outside of the reinforcing frame" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 10 is rejected because it is dependent on claim 9.
Claim 11 is indefinite because seemingly applicant is claiming a method step with the limitation “is used as” in a claim directed to a product, thereby confusing the metes and bounds of the claim. For examination, this limitation is interpreted as meaning “is configured to be”. Claims 12-15 are rejected because they are dependent on claim 11.
Claim 11 recites the limitation "the outside" in line 12. There is insufficient antecedent basis for this limitation in the claim. Claims 12-15 are rejected because they are dependent on claim 11.
Claim 14 is rejected because it is unclear if the limitation “at least a portion of the breakable portion” refers to the previously recited “at least a portion of the breakable portion” of claim 13 or to another portion. For examination, the previous interpretation is used. Claim 15 is rejected because it is dependent on claim 14.
Claim 14 recites the limitation "the outside of the flameproof cover" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 15 is rejected because it is dependent on claim 14.
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.
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, 2, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over You (US 20200176739 A1, cited in 12/12/2022 IDS) in view of Jin (CN-111730192-A, machine translation used for rejection below) and Roh (KR20160041311A, machine translation used for rejection below).
Regarding claim 1, You discloses a battery pack (Fig. 4; 10) comprising: a pack case (Fig. 4; 1000) accommodating a first battery module (annotated Fig. 4; 1BM) and a second battery module (annotated Fig. 4; 2BM); and a busbar (annotated Fig. 4; BB; Fig. 8; 290, 300) including a first body portion (annotated Fig. 5; 1BP, i.e. portion of 500 directly attached to the terminal) fastened to the first battery module (1BM), a second body portion (annotated Fig. 5; 2BP, i.e. portion of 500 directly attached to the terminal) fastened to the second battery module (2BM), at least one breakable portion (Fig. 5; portion of 500 between 1BP and 2BP) disposed between the first body portion (1BP) and the second body portion (2BP), wherein the busbar (BB, 290, 300) includes an insulating cover (Fig. 8; 290) covering the first (1BP) and second (2BP) body portions, and a flameproof cover (Fig. 8; 300) covering (Fig. 8) the insulating cover (290).
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You fails to disclose the at least one breakable portion fused at a temperature lower than those of the first body portion and the second body portion, the insulating cover covering the breakable portion, wherein at least a portion of the insulating cover covering the breakable portion is exposed to the outside of the flameproof cover.
Jin discloses a bus bar (Fig. 2) comprising at least one breakable portion (Fig. 2; 100) disposed between a first body portion (Fig. 2; one of 200) and a second body portion (Fig. 2; another of 200) and fused at a temperature (melting temperature of “aluminum”; [0053]) lower than those (melting temperature of “copper”; [0053]) of the first body portion (1BP) and the second body portion (2BP).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You by substituting the materials of You’s busbar for the materials of Jin’s busbar such that the breakable portion is fused at a temperature lower than those of the first body portion and the second body portion, in order to achieve a bus bar with a substantial weight reduction as taught by Jin ([0028]).
You in view of Jin fails to disclose the insulating cover covering the breakable portion, and wherein at least a portion of the insulating cover covering the breakable portion is exposed to the outside of the flameproof cover.
Roh discloses a busbar (Fig. 4) that includes an insulating cover (Fig. 4; 600) covering a breakable portion (annotated Fig. 1; BP, i.e. portion between the parts of the busbar directly contacting the terminals), and a flameproof cover (Fig. 4; 700) covering (Fig. 4; 700 covers the inner side of 600) the insulating cover (600), and wherein at least a portion (Fig. 4; outer surface of 600) of the insulating cover (600) covering the breakable portion (BP) is exposed to the outside (Fig. 4; outside of 700) of the flameproof cover (700).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin by adding the insulating and flameproof covers of Roh to those of You in view of Jin, on the breakable portion, such that at least a portion of the insulating cover covering the breakable portion is exposed to the outside of the flameproof cover. In doing so, one of ordinary skill in the art would reasonably expect to further improve safety against fire as taught by Roh ([0067]).
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Regarding claim 2, You in view of Jin and Roh discloses wherein the flameproof cover (You 300, Roh 700) is formed of a sheet ([0020]) including mica ([0020]).
Regarding claim 5, You in view of Jin and Roh discloses wherein a portion (annotated Fig. 5; P; Roh’s insulating cover covers this portion in the modification) of the insulating cover (You 290, Roh 600) exposed to the outside (outside of You’s 300 and Roh’s 700) of the flameproof cover (You 300, Roh 700) is disposed to oppose (Fig. 5) one of the first battery module (1BM) and the second battery module (2BM).
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Regarding claim 7, You in view of Jin and Roh discloses wherein the first body portion (Jin one of 200) and the second body portion (Jin another of 200) are formed of a copper material (Jin [0053]), and the breakable portion (Jin 100) is formed of an aluminum material (Jin [0053]).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over You (US 20200176739 A1, cited in 12/12/2022 IDS) in view of Jin (CN-111730192-A, machine translation used for rejection below) and Roh (KR20160041311A, machine translation used for rejection below), as applied to claim 1 above and further in view of Wang (US 20230134692 A1).
Regarding claim 3, You in view of Jin and Roh fails to disclose wherein the insulating cover is formed of a material melting at a temperature of 200°C or lower.
Wang discloses an insulating cover (Fig. 4c; 30) formed of a material (“polyolefin” [0058]) melting at a temperature of 200°C or lower (polyolefins are generally known in the art to melt at temperatures below 200°C as evidenced by table 4, pg. 256 of Goodship, Vannessa. "Plastic recycling." Science progress 90.4 (2007): 245-268).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin and Roh by substituting the material of the insulating cover for the material taught by Wang such that the insulating cover is formed of a material melting at a temperature of 200°C or lower in order to predictably insulate the bus bar as taught by Wang ([0058]).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over You (US 20200176739 A1, cited in 12/12/2022 IDS) in view of Jin (CN-111730192-A, machine translation used for rejection below) and Roh (KR20160041311A, machine translation used for rejection below), as applied to claim 1 above and further in view of Tsuji (US 20150194641 A1).
Regarding claim 4, You in view of Jin and Roh discloses wherein the flameproof cover (You 300, Roh 700) is formed of a material (“mica”; [0049]) but fails to disclose melting at a temperature of 1000°C or higher.
Tsuji discloses a material (“mica”; [0067]) melting at a temperature of 1000°C or higher ([0067] teaches higher).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin and Roh by substituting the material for the material of Tsuji in order to obtain a material capable of predictable heat insulation as taught by Tsuji ([0067]).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over You (US 20200176739 A1, cited in 12/12/2022 IDS) in view of Jin (CN-111730192-A, machine translation used for rejection below) and Roh (KR20160041311A, machine translation used for rejection below), as applied to claim 5 above and further in view of Lee (US 20120015218 A1) and Chen (US 20220021082 A1).
Regarding claim 6, You in view of Jin and Roh fails to disclose wherein at least one of the first battery module and the second battery module includes a vent portion discharging gas generated therein to the outside, and the busbar is disposed such that at least a portion of the breakable portion opposes the vent portion.
Lee discloses a battery module (Fig. 1; 101) including a vent portion (Fig. 2; 114a, 130) discharging gas ([0043]) generated therein to the outside ([0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin and Roh by adding the vent portion of Lee to the first and/or second battery module in order to discharge gas from the modules while preventing the infiltration of foreign materials therein as taught by Lee ([0043]).
You in view of Jin, Roh and Lee still fails to disclose the busbar is disposed such that at least a portion of the breakable portion opposes the vent portion.
Chen discloses a busbar (Fig. 4; 21) disposed such that at least a portion (Fig. 5; 217) of a breakable portion (Fig. 5; 216, 217) opposes a vent portion (Fig. 5; 113).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin, Roh and Lee by adding the portion of a breakable portion taught by Chen to the breakable portion of You in view of Jin, Roh and Lee, and arranging the breakable portion and the vent portion such that the portion opposes the vent portion in order to electrically disconnect the first and/or second battery module during a thermal event thereby reducing a risk of safety incidents such as a fire or an explosion and improving safety performance as taught by Chen ([0022]).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over You (US 20200176739 A1, cited in 12/12/2022 IDS) in view of Jin (CN-111730192-A, machine translation used for rejection below) and Roh (KR20160041311A, machine translation used for rejection below), as applied to claim 1 above and further in view of Cao (CN113540684A, machine translation used for rejection below).
Regarding claim 8, You in view of Jin and Roh fails to disclose wherein the pack case includes a reinforcing frame disposed between the first battery module and the second battery module, and an inner space of the reinforcing frame is used as a gas flow path through which gas moves.
Cao discloses wherein a pack case (Fig. 2; 100) includes a reinforcing frame (Fig. 2; 15) disposed between a first battery module (annotated Fig. 1; 1BM) and a second battery module (annotated Fig. 1; 2BM), and an inner space (Fig. 2; inner space of 15) of the reinforcing frame (15) is used as a gas flow path (“an exhaust channel”; [0049]) through which gas (“air”; [0049]) moves ([0049]).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin and Roh by adding the reinforcement frame and gas flow path of Cao to the pack case of You in view of Jin and Roh in order to reduce the risk of explosion and fire as taught by Cao ([007]).
Regarding claim 9, You in view of Jin, Roh and Cao fails to disclose wherein the reinforcing frame includes a vent portion through which the gas moving through the gas flow path is discharged to the outside of the reinforcing frame, and the busbar is disposed such that at least a portion of the breakable portion opposes the vent portion.
Cao discloses wherein the reinforcing frame (Fig. 2; 15) includes a vent portion (“the exhaust channel of the inner beam 15 communicates with the air outlet channel of the side beam 11”; [0049]; annotated Fig. 6; VP; VP must exist at the end of 15 interfacing with 11 to allow communication between the two as taught) through which the gas ([0049]) moving through the gas flow path ([0049]) is discharged to the outside (“air outlet channel of the side beam 11”; [0049]) of the reinforcing frame (15), and a busbar (“high voltage bus bar” protected with insulators and high temperature resistant materials per [0054]; annotated Fig. 6; the busbar extends through BB per [0054]) is disposed such that that at least a portion of a breakable portion (portion of the busbar extending through BB of annotated Fig. 6; “BP”) opposes (annotated Fig. 6 shows BB, which the breakable portion occupies, opposite and against the vent portion) opposes the vent portion (VP).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin, Roh and Cao by adding a vent portion to the reinforcing frame and rearranging the bus bar such that the reinforcing frame includes a vent portion through which the gas moving through the gas flow path is discharged to the outside of the reinforcing frame, and the busbar is disposed such that at least a portion of the breakable portion opposes the vent portion, as taught by Cao in order to reduce the risk of explosion and fire as taught by Cao ([007]).
Regarding claim 10, You in view of Jin, Roh and Cao fails to disclose wherein the vent portion is disposed on an upper surface of the reinforcing frame, and the busbar is disposed to cross an upper portion of the reinforcing frame.
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Cao discloses wherein a vent portion (per [0049] a vent portion must be provided at the end of 15 interfacing with 11 to allow 15 to communicate with 11, this vent portion is illustrated as VP in annotated Fig. 6) is disposed on (annotated Fig. 6; depending on the shape and position of VP, VP is either directly on UP or indirectly on UP) an upper surface (annotated Fig. 6; UP) of the reinforcing frame (15), and a busbar ([0054]; annotated Fig. 6; the busbar occupies BB per [0054]) is disposed to cross ([0054]) an upper portion (annotated Fig. 6; UP) of a reinforcing frame (Fig. 6; 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified You in view of Jin, Roh and Cao by disposing the vent portion on an upper surface of the reinforcing frame, and the busbar crossing an upper portion of the reinforcing frame in order to reduce the risk of explosion and fire as taught by Cao ([007]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cao (CN113540684A, machine translation used for rejection below).
Regarding claim 11, Cao discloses a battery pack (Fig. 1) comprising:
a pack case (Fig. 2; 100) accommodating a first battery module (annotated Fig. 1; 1BM) and a second battery module (annotated Fig. 1; 2BM), the pack case (100) including a reinforcing frame (Fig. 2; 15) disposed between the first battery module (1BM) and the second battery module (2BM); and a busbar (“high voltage bus bar” [0054]; annotated Fig. 6; the busbar extends through BB per [0054]) crossing an upper portion (annotated Fig. 6; UP) of the reinforcing frame (15) and interconnecting the first battery module (1BM) and the second battery module (2BM), wherein an inner space (Fig. 2; inner space of 15) of the reinforcing frame (15) is used as a gas flow path (“an exhaust channel”; 0049]) through which gas (“air”; [0049]) moves ([0049]), the reinforcing frame (Fig. 2; 15) includes a vent portion (“the exhaust channel of the inner beam 15 communicates with the air outlet channel of the side beam 11”; [0049]; annotated Fig. 6; VP; VP must exist at the end of 15 interfacing with 11 to allow communication between the two as taught) through which the gas ([0049]) moving through the gas flow path ([0049]) is discharged to the outside (“air outlet channel of the side beam 11”; [0049]) of the reinforcing frame (15), and at least a portion (annotated Fig. 6; portion of the busbar extending through BB) of the busbar ([0054]) is disposed to oppose (annotated Fig. 6 shows BB, which the portion occupies, opposite and against the vent portion) the vent portion (VP).
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The examiner notes that while Cao teaches that the gas flow path and the configuration of the reinforcing frame are optional (“in some embodiments”; [0049]; [0054]) it would have been obvious to one of ordinary skill in the art to have selected the options set forth in [0049] and [0054] because the courts have held that combining embodiments is obvious.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cao (CN113540684A, machine translation used for rejection below), as applied to claim 11 above and in view of You (US 20200176739 A1, cited in 12/12/2022 IDS) and Jin (CN-111730192-A, machine translation used for rejection below).
Regarding claim 12, Cao fails to disclose wherein the busbar includes: a first body portion fastened to the first battery module; a second body portion fastened to the second battery module; and at least one breakable portion disposed between the first body portion and the second body portion and fused at a temperature lower than those of the first body portion and the second body portion.
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You discloses a busbar (annotated Fig. 4; BB) including a first body portion (annotated Fig. 5; 1BP, i.e. portion of 500 directly attached to the terminal) fastened to a first battery module (annotated Fig. 4; 1BM), a second body portion (annotated Fig. 5; 2BP, i.e. portion of 500 directly attached to the terminal) fastened to a second battery module (annotated Fig. 4; 2BM), at least one breakable portion (Fig. 5; portion of 500 between 1BP and 2BP)
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disposed between the first body portion (1BP) and the second body portion (2BP).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Cao by substituting the busbar of You for the busbar of Cao such that the busbar included: a first body portion fastened to the first battery module; a second body portion fastened to the second battery module; and at least one breakable portion disposed between the first body portion and the second body portion, in order to predictably electrically connect the battery modules together as taught by You ([0051]).
Cao in view of You still fails to disclose fused at a temperature lower than those of the first body portion and the second body portion.
Jin discloses a bus bar (Fig. 2) comprising at least one breakable portion (Fig. 2; 100) disposed between a first body portion (Fig. 2; one of 200) and a second body portion (Fig. 2; another of 200) and fused at a temperature (melting temperature of “aluminum”; [0053]) lower than those (melting temperature of “copper”; [0053]) of the first body portion (1BP) and the second body portion (2BP).
It would have been obvious to one of ordinary skill in the art to have modified Cao in view of You by substituting the materials of the busbar for the materials of Jin’s busbar such that the breakable portion is fused at a temperature lower than those of the first body portion and the second body portion, in order to achieve a bus bar with a substantial weight reduction as taught by Jin ([0028]).
Regarding claim 13, Cao in view of You and Jin discloses wherein the busbar (annotated Fig. 6; busbar of You modified by Jin occupying BB) disposed such that at least a portion (annotated Fig. 6; portion of busbar occupying BB) of the breakable portion (Jin 100) opposes (annotated Fig. 6 shows BB, which the breakable portion occupies, opposite and against the vent portion) the vent portion (VP).
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Regarding claim 14, Cao in view of You and Jin fails to disclose a flameproof cover covering the busbar, wherein at least a portion of the breakable portion is exposed to the outside of the flameproof cover.
You discloses a flameproof cover (Fig. 6; 300A) covering a busbar (Fig. 6; 500a), wherein at least a portion (annotated Fig. 6; BP) of a breakable portion (annotated Fig. 6; BP) is exposed to the outside (Fig. 6; outside of 300A) of the flameproof cover (300A).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Cao in view of You and Jin by adding the flameproof cover of You to the busbar such that the flameproof cover covers the busbar and at least a portion of the breakable portion is exposed to the outside of the flameproof cover in order to prevent battery module ignition from being promoted due to an external short circuit as taught by You ([0031]).
Regarding claim 15, Cao discloses an insulating cover ([0054]).
It would have been obvious to one of ordinary skill in the art to have modified Cao in view of You and Jin by including the insulating cover on the entirety of the busbar of Cao in view of You and Jin (excluding the electrical contact portions) in order to protect the busbar as taught by Cao ([0054]).
In this modification the insulating cover would be disposed on the portion of the breakable portion exposed to the outside of the flameproof cover, because the insulating cover covers the entirety of the busbar, excluding the electrical contact portions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.K./Examiner, Art Unit 1723
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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