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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/30/2026 has been entered.
This office action addresses pending claims 1-14 and 17-22. Claims 6-12 were previously withdrawn. Claims 15-16 were cancelled, claims 1 and 14 were amended, and claims 17-22 were added in the response filed 7/30/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662) and Nishino et al. (US 2010/0330404).
Regarding claims 1 and 14, Oh discloses a battery pack 9 including a plurality of battery modules 1 comprising a plurality of battery cells 11 stacked in a horizontal direction ([0014], Fig 3), a housing 20 having an open upper portion, an upper cover 60 [module cover] disposed on an upper part of the stacked cells ([0014]). As seen in Figure 3, the cells are pouch-type. The housing 20 includes third plates 80 and second plates 22, and front cover 25 and rear cover 26 [any of the plates/covers reading on end plates] ([0073]-[0074], [0090]-[0097], Figs 1-2). The upper cover 60 is coupled to the covers 25, 26, 28 and plates 80 ([0091], [0096], [0121]-[0122]). The battery module 1 is mounted to the battery pack 9 by a fixing means ([0076]).
While Oh illustrates a case to house the battery modules of the battery pack (see Fig 10), Oh does not explicitly disclose a cover configured to cover the open upper part of the case, and wherein the cover is disposed on an upper part of the plurality of battery modules in a state of being spaced apart from the plurality of battery modules, such that a space is defined between the cover and the plurality of battery modules.
Toyota discloses a battery pack mounted below a floorpan of a vehicle (abstract). The battery pack 40 includes a battery case including a periphery wall 46, a plate-shaped ceiling plate (lid) 48, and a plate-shaped floor plate 50 ([0044], Figs 1-3). The battery case 42 serves as an outer casing for a plurality of battery modules 64 that are accommodated inside the battery case ([0043]). As seen in Figure 3, there is a gap between the battery modules 64 and the ceiling plate/lid 48. Sealing members 80 are disposed to block noise ([0051], Fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the ceiling plate/lid and to have a gap between the top of the battery modules and the bottom of the ceiling plate/lid as taught by Toyota with the battery pack of Oh for the purpose of providing a cover to protect the batteries, and to provide a gap to prevent direct noise transfer.
However, Oh does not explicitly disclose: a partition wall disposed between the cover and the plurality of battery modules, and configured to block a flame generated in any one of the plurality of battery modules from spreading to other adjacent battery modules; wherein the partition wall is disposed in the space, and is configured to block the flame from spreading to the other adjacent battery modules through the space.
Nishino discloses a battery housing tray 100,1000,1150,1400,1600 that houses a plurality of battery cells 1130 [plurality of battery modules] (abstract, [0120], Figs 9A-15). In an embodiment, the housing has a lid 1650 [cover] that covers an open upper part of the tray 1625 [case] ([0156], Fig 15). The lid 1650 includes second barrier rib members [partition wall between the cover and the battery modules] formed on the bottom surface of the lid and further discloses second barrier rib members on the bottom surfaces of the trays (see second barrier rib members in Fig 15 in view of second barrier rib members 1122 in Fig 9B, [0119]-[0120] and [0156]). Nishino further teaches that the battery housing tray is excellent in safety, and prevents flame from spreading to the surrounding batteries or abnormally overheating in advance ([0014], [0067], [0158]). Therefore, Nishino discloses that the partition wall is configured to block a flame generated in any one of the plurality of battery modules from spreading to other adjacent battery modules.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second barrier rib members formed on the bottom surface of the lid as taught by Nishino with the battery pack cover of modified Oh for the purpose of preventing flame from spreading to the surrounding batteries or abnormally overheating in advance.
Regarding claim 2, modified Oh discloses all of the claim limitations as set forth above. Nishino discloses the second barrier rib members 1322 as extending downward from a bottom surface of the cover/lid 1650 toward upper surfaces of the battery modules (Figs 9A-B, Fig 15).
Regarding claim 3, modified Oh discloses all of the claim limitations as set forth above. Nishino further discloses that the second barrier rib members 1122 have a lattice-shaped structure corresponding to an arrangement of the plurality of battery modules arranged in a horizontal direction and a vertical direction, and is disposed in a closed-loop shaped corresponding to a periphery of an upper surface edge of a corresponding battery module, on an upper part of each battery module of the plurality of battery modules (see Fig 9A-B, wherein the second barrier rib members 1122 have the same arrangement as the first barrier rib members 1120 which have a lattice shape corresponding to the horizontal and vertical arrangement of the battery cells 1130 and the periphery thereof 1130).
Regarding claim 4, modified Oh discloses all of the claim limitations as set forth above. Nishino further teaches that a gap can be formed between the trays 1000A and 1000B ([0147], [0171] which has a gap of 5 mm between first and second barrier rib members), and therefore the first and second barrier rib members are not in contact and therefore have a gap between the bottom surface of the partition wall and the upper surfaces of the battery modules ([0171]).
Regarding claim 19, modified Oh discloses all of the claim limitations as set forth above. While Nishino teaches a gap of 5 mm between first and second barrier rib members ([0147], [0171]), modified Oh does not explicitly disclose wherein the interference-preventing gap is in a range of 2.0 mm to 3.0 mm. However, Nishino teaches that an air hole [gap] influences the heating and concentration of a flame on the battery and surrounding battery, and therefore affects safety ([0148], [0184]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize, by routine experimentation, the size of the gap (including the range of 2.0-3.0 mm) of Oh modified by Nishino for the purpose of obtaining the desired balance between containing the heat and flame in one battery or spreading the heat to surrounding batteries.
Claim(s) 5 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662) and Nishino et al. (US 2010/0330404), as applied to claim 2 or 14 above, and further in view of Kurita (US 2013/0149583).
Regarding claims 5 and 21, modified Oh discloses all of the claim limitations as set forth above. While Nishino discloses second barrier rib members can be integrated with the tray 1000/housing member 1110 and formed on the bottom surface of the cover/lid 1650 ([0119], [0156], Fig 15), modified Oh does not explicitly disclose wherein the partition wall is insert-molded on the bottom surface of the cover to be provided in an integrated structure.
Kurita discloses a battery system 1 comprising a plurality of battery cells 2 accommodated inside a battery accommodation casing 3 (abstract). A protrusion portion 14 protrudes toward the accommodation portion 9 from the bottom of the cover portion 10 of the casing 3 ([0058], [0067], Figs 2a and 3a-b). The protrusion 14 can be integrally formed with the cover portion 10 where the protrusion portion is formed by injection molding [insert-molding] ([0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the integrally formed by injection molding [insert-molding] of a protrusion on a bottom of a battery cover as taught by Kurita with second barrier rib members extending downward from a bottom surface of a cover as taught by Oh modified by Nishino for the purpose of having the second barrier rib members integrally formed with the cover.
Claim(s) 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662) and Nishino et al. (US 2010/0330404), as applied to claim 1 above, and further in view of Widener (US 2018/0309107).
Regarding claim 13, modified Oh discloses all of the claim limitations as set forth above. While Nishino teaches that the barrier rib members can comprise polypropylene resin or glass epoxy resin and further comprises fillers such as carbon fiber and glass fiber ([0065]), of which the instant application discloses the flame-retardant plastic contains for the char amount (paragraph [0058]), modified Oh does not explicitly disclose wherein the partition wall comprises a flame-retardant plastic having a char (bubble-shaped carbide) production amount of 10 to 40%.
Widener discloses an inorganic platelet composition 16 for use as thermal and/or electrical insulation and fire protection for electrochemical cells such as lithium ion cells (abstract). The inorganic platelet composition 16,26,36,46 may be located on individual battery cells 12,22,32,42, within interstitial spaces of adjacent battery cells and/or between modules of battery cells in a larger battery pack (abstract, [0035]-[0038], Figs 1-4). The inorganic platelet composition can comprises about 20% to less than about 100% weight of inorganic platelet with the rest a polymer binder ([0055],[0060]-[0061]), and are carried on a support layer that can comprise a polymer film, a paper, a woven fabric, a non-woven fabric, or combinations thereof ([0067]-[0068]). The support layer can further include glass fibers ([0072]-[0073],[0088]-[0089]). The composition can further include a flame retardant ([0093]). That is, Widener teaches a variety of materials and composition to optimize the thermal and electrical insulation and fire protection, including the properties of thickness, weight, temperature resistance, dielectric strength, burst strength, puncture structure ([0109]-[0116]) which would affect the char production amount.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize, by routine experimentation, the relative amount of retardant plastic to glass fibers (including an amount of that is within the range of 10-40% char production amount) as taught by Widener with the second barrier rib members having polymer/plastic and glass fiber of Oh modified by Nishino for the purpose of obtaining the desired balance between properties of thickness, weight, temperature resistance, dielectric strength, burst strength, puncture structure.
Regarding claim 18, modified Oh discloses all of the claim limitations as set forth above. While Nishino teaches that the barrier rib members can comprise polypropylene resin or glass epoxy resin and further comprises fillers such as carbon fiber and glass fiber ([0065]), and teaches a gap of 5 mm between first and second barrier rib members ([0147], [0171]), modified Oh does not explicitly disclose wherein a thickness of the partition wall in a width direction is in a range of 1.5 mm to 3.0 mm.
However, as Nishino teaches that the material and height of the barrier rib affects its heat transfer property, mechanical strength, flame resistance, and the influence of ignition or heat generation on surrounding batteries, as well as the need to have a shape corresponding to the battery ([0065]-[0068]), Nishino recognizes that the thickness is a result effective variable.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize, by routine experimentation, the thickness of the barrier rib member [partition wall] (including in the range of 1.5 mm to 3.0 mm) of Oh modified by Nishino for the purpose of obtaining the desired balance between heat transfer property, mechanical strength, flame resistance, influence of ignition/heat generation on surrounding batteries, and shape corresponding to the battery.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662) and Nishino et al. (US 2010/0330404), as applied to claim 1 above, and further in view of Tian et al. (CN 106784574, see machine translation).
Regarding claim 17, modified Oh discloses all of the claim limitations as set forth above. While Nishino teaches that the barrier rib members can comprise polypropylene resin or glass epoxy resin and further comprises fillers such as carbon fiber and glass fiber ([0065]), modified Oh does not explicitly disclose wherein the partition wall comprises a flame-retardant plastic containing 10 to 30% of glass fiber.
Tian discloses a battery and module for assembling a battery system (abstract). The module includes a plurality of batteries 5 separated by side supports and grids ([0009], Figs 16-18). The side supports and grid are made of PP, PE, or PE, and 5-15% glass fiber modified material, to improve strength, insulation, heat insulation, and fire resistance ([0013]-[0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the 10-15% glass fiber modified plastic of Tian with the second barrier rib members having polymer/plastic and glass fiber of Oh modified by Nishino for the purpose of having a material with improved strength, insulation, heat insulation, and fire resistance.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662), Nishino et al. (US 2010/0330404), and Kurita (US 2013/0149583), as applied to claim 5 above, and further in view of Shin et al. (WO 2021/002626, see English language equivalent US 2022/0115737).
Regarding claim 20, modified Oh discloses all of the claim limitations as set forth above. However, modified Oh does not explicitly disclose wherein the partition wall comprises a coupling anchor protrusion formed on an upper surface of the partition wall, the coupling anchor protrusion being inserted into and fixed in the cover.
Shin discloses a battery module 200 having a reduced risk of secondary fire or explosion (abstract). The module includes cell assemblies 100, a module housing 210, and a flame retardant plate 230 ([0045], Figs 1-2). An insertion protrusion 226p of the flame barrier 236 is inserted and fixed into an inner surface of the module housing 210 ([0093], Fig 5); as the insertion protrusion is inserted, the flame barrier has a coupling anchor protrusion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the insertion protrusion of the flame barrier of Shin with second barrier rib members extending downward from a bottom surface of a cover as taught by Oh modified by Nishino for the purpose of forming, inserting, and fixing the second barrier rib members with the cover.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (KR 10-2280326, see machine translation) in view of Toyota (US 2019/0009662) and Nishino et al. (US 2010/0330404), as applied to claim 14 above, and further in view of Shin et al. (WO 2021/002626, see English language equivalent US 2022/0115737).
Regarding claim 22, modified Oh discloses all of the claim limitations as set forth above. However, modified Oh does not explicitly disclose wherein the partition wall comprises a coupling anchor protrusion formed on an upper surface of the partition wall, the coupling anchor protrusion being inserted into and fixed in the cover.
Shin discloses a battery module 200 having a reduced risk of secondary fire or explosion (abstract). The module includes cell assemblies 100, a module housing 210, and a flame retardant plate 230 ([0045], Figs 1-2). An insertion protrusion 226p of the flame barrier 236 is inserted and fixed into an inner surface of the module housing 210 ([0093], Fig 5); as the insertion protrusion is inserted, the flame barrier has a coupling anchor protrusion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the insertion protrusion of the flame barrier of Shin with second barrier rib members extending downward from a bottom surface of a cover as taught by Oh modified by Nishino for the purpose of forming, inserting, and fixing the second barrier rib members with the cover.
Response to Arguments
Applicant's arguments filed 7/30/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of Nishino, Lee, or Utley do not disclose the amended limitations of the independent claims.
In response to the amended limitations, a new rejection has been presented above.
Applicant argues with regards to claim 4, that the gap between the first and second barrier rib members of Nishino is not a gap.
This is not considered persuasive. The gap is a bottom surface of the second barrier rib, and therefore there is a gap between a bottom surface of the second barrier rib [partition wall] and the upper surfaces of the plurality of battery modules.
Applicant argues with regards to claim 13, that no prima face case of obviousness based upon Nishino and Widener because char production amount is not a recognized result-effective variable. Applicant further argues that the claimed range is critical, and refers to the specification at paragraphs [0058], [0085]-[0087] and Fig 9.
This is not considered persuasive. Nishino teaches that the barrier rib members can comprise polypropylene resin or glass epoxy resin and further comprises fillers such as carbon fiber and glass fiber ([0065]), which are the same materials that result in the char amount (see paragraph [0058], with glass fiber with PP [polypropylene]).
In addition, Widener teaches a variety of materials and composition to optimize the thermal and electrical insulation and fire protection for an electrochemical battery module and pack, including the properties of thickness, weight, temperature resistance, dielectric strength, burst strength, puncture structure ([0109]-[0116]), wherein the material includes inorganic platelet composition comprising about 20% to less than about 100% weight of inorganic platelet with the rest a polymer binder ([0055],[0060]-[0061], which would affect the char production amount. Because Widener teaches the properties that can be adjusted, Widener recognizes the parameter of char as a result effective variable.
With regards to Applicant’s argument that the claimed char range is critical, Applicant merely asserts that the range is critical, and has not established that the range is critical. As stated in MPEP 716.02(d), applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range.
Applicant has provided one test, under the specific conditions of PP-GF30 at a thickness of 2.0 mm with a 200 µm fire-retardant paint (see arguments page 10). However, this test did not report the char. One test cannot provide results for both inside and outside the range, especially if the test does not even report the critical parameter. Because there is only one specific test directed towards a specific polymer and fiber percentage with fire-retardant paint and thicknesses, with an undisclosed char amount, and the claims are drawn to any partition wall having any flame-retardant plastic, the arguments and specification do not demonstrate the criticality of the claimed char range, nor is the test commensurate in scope of the claims.
Conclusion
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/JACOB BUCHANAN/Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
