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 .
Status of Claims and Other Notes
Claims 1–19 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0063503 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01 November 2024, 16 May 2025, and 24 July 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because:
Partial views are identified by the same number followed by a lowercase letter. Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. See 37 CFR 1.84 (u)(1).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BATTERY ENCLOSURE INCLUDING RELIEF VENT AND BURST DISK, AND BATTERY SYSTEM INCLUDING THE SAME.
The disclosure is objected to because of the following informalities:
The English units of ° F are used in paragraph 0018. All patent applicants should use the metric (S.I.) units followed by the equivalent English units when describing their inventions in the specifications of patent applications. See MPEP § 608.01 IV. Paragraph 0018 should use S.I. units.
Appropriate correction is required.
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 1–19 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 recites the limitation "a top wall, bottom wall, and side walls connected to each other." It is unclear if the phrase "connected to each other" is further limiting only the immediately adjacent limitation (i.e., side walls) or all the limitations preceding the phrase (i.e., a top wall, bottom wall, and side walls).
Claim 1 recites the limitation "the battery enclosure pressure relief" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 2–5 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–5 are also 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 6 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 5, which claim 6 is directly dependent, provides antecedent basis for a single barrier plate.
Claim 7 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 5, which claim 7 is directly dependent, provides antecedent basis for a single barrier plate.
Claim 8 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 5, which claim 8 is directly dependent, provides antecedent basis for a single barrier plate.
Claim 9 is directly dependent from claim 1 and includes all the limitations of claim 1. Therefore, claim 9 is also 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 10 recites the limitation "a top wall, bottom wall, and side walls connected to each other." It is unclear if the phrase "connected to each other" is further limiting only the immediately adjacent limitation (i.e., side walls) or all the limitations preceding the phrase (i.e., a top wall, bottom wall, and side walls).
Claim 10 recites the limitation "a lithium-ion battery cell positioned within each battery module" in line 8. Claim 10 has previously recited the limitation "a battery enclosure having a battery module therein" in line 2. The term "each" is defined as used to refer to every one of two or more people or things (see each, New Oxford American Dictionary). The limitation "a battery enclosure having a battery module therein" appears to require a single battery module. However, the limitation "a lithium-ion battery cell positioned within each battery module" appears to require at least two battery modules. Therefore, the number of battery modules required by claim 10 is unclear.
Claim 10 recites the limitation "a electronics control tray within electrical communication with the battery module." The term "within" is defined as inside (something) (see within, New Oxford American Dictionary). It is unclear how a electronics control tray can be inside electrical communication with the battery module.
Claims 11–14 are directly dependent from claim 10 and include all the limitations of claim 10. Therefore, claims 11–14 are also 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 15 recites, in the preamble, "[t]he battery system of claim 9." There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the barrier plates" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 is directly dependent from claim 10 and includes all the limitations of claim 10. Therefore, claim 19 is also 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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 15 recites, in the preamble, "[t]he battery system of claim 9." Claim 9 recites in the preamble "[t]he battery enclosure of claim 1;" and claim 1 recites, in the preamble, "[a] battery enclosure." Neither claim 9 nor claim 1 are directed to a battery system. Therefore, claim 15 fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1–3, 5–7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu et al. (CN 111106278 A; see English language equivalent, US 2021/0328281 A1; hereinafter Chu).
Regarding claim 1, Chu discloses a battery enclosure (1, [0061]) comprising:
a top wall, bottom wall, and side walls connected to each other, forming an inside (11) and an outside of the battery enclosure (1, [0061]);
a relief vent (9, [0077]),
the relief vent (9) extending through the top wall or side wall (FIG. 1, [0077]); and
a deflagration assembly (2),
the battery enclosure pressure relief (2) including a deflagration panel (6, [0071]),
wherein the deflagration panel (6) is a burst disk (FIG. 1, [0072]).
Regarding claim 2, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure:
wherein the relief vent (9) is adapted to equalize pressure between the inside (11) of the battery enclosure (1) and the outside of the battery enclosure (1, [0077]).
Regarding claim 3, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure, further comprising:
a dock bumper (8, [0066],
the dock bumper (8) positioned on the side wall (FIG. 1, [0066]).
Regarding claim 5, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure:
wherein the top wall, the bottom wall, and/or the side walls include a barrier plate (8, [0066]),
the barrier plate (8) positioned on the inside of the battery enclosure (1, [0066]).
Regarding claim 6, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure:
wherein the barrier plates (8) are separate pieces (FIG. 1, [0066]).
Regarding claim 7, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure:
wherein the barrier plates (8) are one connected or molded piece (FIG. 1, [0066]).
Regarding claim 9, Chu discloses all the claim limitations as set forth above and further discloses a battery enclosure:
wherein a barrier plate (8) is placed between battery modules (3) positioned within the inside (FIG. 1, [0066]).
Claims 10–13, 15–17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (WO 2021/221351 A1; see English language equivalent, US 2022/0407170 A1; hereinafter Shin).
Regarding claim 10, Shin discloses battery system (1000, [0049]) comprising:
a battery enclosure (400) having a battery module (100) positioned therein (FIG. 3, [0049]),
the battery enclosure (400) including a top wall, bottom wall, and side walls connected to each other (FIG. 3, [0049]), forming an inside and an outside of the battery enclosure (400, [0052]); a relief vent (500), the relief vent (500) extending through the top wall or side wall (FIG. 12, [0070]); and a battery enclosure pressure relief (500), the battery enclosure pressure relief (500) including a deflagration panel (510), wherein the deflagration panel (510) is a burst disk or explosion vent (510, [0070]);
a lithium-ion battery cell (101) positioned within each battery module (100, [0042]); and
a electronics control tray (BMS) within electrical communication with the battery module (100, [0052]).
Regarding claim 11, Shin discloses all the claim limitations as set forth above and further discloses a battery system, further comprising:
gap filler plates (411) positioned with the battery enclosure (400, .
Regarding claim 12, Shin discloses all the claim limitations as set forth above and further discloses a battery system:
wherein the relief vent (500) is adapted to equalize pressure between the inside of the battery enclosure (400) and the outside of the battery enclosure (400, [0070]):
Regarding claim 13, Shin discloses all the claim limitations as set forth above and further discloses a battery system, further comprising:
a dock bumper (520, [0062]),
the dock bumper (520) positioned on the side wall (FIG. 7B, [0062]).
Regarding claim 15, Shin discloses all the claim limitations as set forth above and further discloses a battery system:
wherein the top wall, the bottom wall, and/or the side walls include a barrier plate (200, [0049]),
the barrier plate (200) positioned on the inside of the battery enclosure (400, [0049]).
Regarding claim 16, Shin discloses all the claim limitations as set forth above and further discloses a battery system:
wherein the barrier plates (200) are separate pieces (FIG. 3, [0049]).
Regarding claim 17, Shin discloses all the claim limitations as set forth above and further discloses a battery system:
wherein the barrier plates (200) are one connected or molded piece (FIG. 3, [0049]).
Regarding claim 19, Shin discloses all the claim limitations as set forth above and further discloses a battery system:
wherein a barrier plate (200) is placed between battery modules (100) positioned within the inside (FIG. 3, [0049]).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chu (CN 111106278 A; see English language equivalent, US 2021/0328281 A1) as applied to claim 1 above, and further in view of Shalaev et al. (RU 199162 U1, hereinafter Shalaev).
Regarding claim 4, Chu discloses all the claim limitations as set forth above, but does not explicitly disclose a battery enclosure, wherein the deflagration assembly includes:
a flange having flange bolts therethrough,
wherein the flange bolts pass through an outside gasket, the deflagration panel, an inside gasket, the side wall; and
a flame arrester,
the flame arrester secured to at least one of the flange bolts.
Shalaev discloses a deflagration assembly (FIG. 2, [0011]) including a flange (3, 15) having flange bolts (9, 11) therethrough, wherein the flange bolts (9, 10) pass through an outside gasket, a deflagration panel (4), an inside gasket (6), a side wall (16); and a flame arrester (5), the flame arrester (5) secured to at least one of the flange bolts (9, 11; [0011]) to improve the reliability of the deflagration assembly (see end arrester, [0008]). Chu and Shalaev are analogous because they are directed to flame propagation prevention. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the deflagration assembly of Chu with the configuration of Shalaev in order to improve the reliability of the deflagration assembly.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chu (CN 111106278 A; see English language equivalent, US 2021/0328281 A1) as applied to claim 5 above, and further in view of Ko et al. (US 2022/0263189 A1, hereinafter Ko).
Regarding claim 8, Chu discloses all the claim limitations as set forth above, but does not explicitly disclose a battery enclosure:
wherein the barrier plates are constructed of ceramic or silica.
Ko discloses a battery enclosure (200) containing barrier plates (300) constructed of ceramic or silica (FIG. 8, [0101]) to prevent thermal propagation so as to avoid or prevent propagation of heat and flame (see ceramic material, [0100]). Chu and Ko are analogous because they are directed to improving safety of battery enclosures. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the barrier plates of Chu with the ceramic or silica of Ko in order to prevent thermal propagation so as to avoid or prevent propagation of heat and flame.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (WO 2021/221351 A1; see English language equivalent, US 2022/0407170 A1) as applied to claim 10 above, and further in view of Shalaev (RU 199162 U1).
Regarding claim 14, Shin discloses all the claim limitations as set forth above, but does not explicitly disclose a battery system, wherein the battery enclosure pressure relief includes:
a flange having flange bolts therethrough, wherein the flange bolts pass through an outside gasket, the deflagration panel, and an inside gasket, the side wall; and
a flame arrester,
the flame arrester secured to at least one of the flange bolts.
Shalaev discloses an enclosure pressure relief (FIG. 2, [0011]) includes a flange (3, 15) having flange bolts (9, 11) therethrough, wherein the flange bolts (9, 10) pass through an outside gasket, a deflagration panel (4), an inside gasket (6), a side wall (16); and a flame arrester (5), the flame arrester (5) secured to at least one of the flange bolts (9, 11; [0011]) to improve the reliability of the enclosure pressure relief (see end arrester, [0008]). Shin and Shalaev are analogous because they are directed to flame propagation prevention. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the battery enclosure pressure relief of Shin with the configuration of Shalaev in order to improve the reliability of the enclosure pressure relief.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (WO 2021/221351 A1; see English language equivalent, US 2022/0407170 A1) in view of Shalaev (RU 199162 U1) as applied to claim 14 above, and further in view of Ko (US 2022/0263189 A1).
Regarding claim 14, modified Shin discloses all the claim limitations as set forth above, but does not explicitly disclose a battery system:
wherein the barrier plates are constructed of ceramic or silica.
Ko discloses a battery enclosure (200) containing barrier plates (300) constructed of ceramic or silica (FIG. 8, [0101]) to prevent thermal propagation so as to avoid or prevent propagation of heat and flame (see ceramic material, [0100]). Shin and Ko are analogous because they are directed to improving safety of battery enclosures. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the barrier plates of modified Shin with the ceramic or silica of Ko in order to prevent thermal propagation so as to avoid or prevent propagation of heat and flame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725