DETAILED ACTION
This Office Action is responsive to the May 26th, 2026 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on May 26th, 2026:
Claims 1-3, 5-8, 10, and 12-23 are pending in the current application. Claims 1, 3, 6-8, 12-13, and 16-20 have been amended. Claims 3 and 8 stand withdrawn. Claims 21-23 are newly added. Claims 4, 9, and 11 have been cancelled.
The previous objection to the claims has been overcome in light of the amendment.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on May 26th, 2026 with respect to Claims 1-2, 5-7, 10, and 12-23 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Chen US PG Publication 2022/0140432 (“Chen”)
Wolfschmidt DE102015200571 (“Wolfschmidt”)
Kaplan US PG Publication 2016/0045841 (“Kaplan”)
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.
Claims 1-2, 5-7, 10, and 12-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen US PG Publication 2022/0140432 in view of Wolfschmidt DE102015200571.
Regarding Claim 1, Chen discloses a [traction] battery pack P ([0005], [0052], entire disclosure dependent upon), comprising:
a housing P20 (corresponding to the instantly claimed enclosure assembly) ([0006], [0052]);
a battery module P30 comprising a plurality of batteries (battery cells) housed within the enclosure assembly P20 ([0052]-[0053]); and
a filter (including at least first filter structure 3) including a frame (as defined by the inlet end 121 of the main body 12) ([0067]),
wherein the filter is integrated as part of a vent pipe within an explosion-proof valve P10 (which satisfies the claimed limitation of a vent valve, a vent pipe, a pressure equalization device, or an array housing of the traction battery pack, or the filter is integrated as part of a structure separate from the traction battery pack) ([0067]-[0068]).
Chen fails to explicitly disclose a filtering catalyst.
However, Wolfschmidt discloses a battery with a filter device ([0011], [0039], entire disclosure dependent upon). Wolfschmidt discloses filtering out hydrogen fluoride (HF) in the event of a thermal runaway event in a battery cell to prevent the decomposition of salts added to the electrolyte within the battery ([0015]-[0017], [0037], [0041]) with the assistance of a solid or gaseous catalyst incorporated within the filter device ([0039]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery pack of Chen such that the filter comprises a filtering catalyst applied to the structure comprising the filter, including the frame, wherein the filtering catalyst is configured to chemically reduce a concentration of hydrogen fluoride in a gaseous mixture vented by the battery cell during a battery thermal event in order to prevent the decomposition of the salts added to the electrolyte within the battery cell, as taught by Wolfschmidt.
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Annotated Figure 4 of Chen
Regarding Claim 2, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1, and Chen discloses wherein the filter is further configured to block a flow of particulate vented from the battery cell during thermal runaway (battery thermal event) ([0067]-[0068]).
Regarding Claim 5, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1, and Chen discloses wherein the filter is disposed within an internal passageway of the vent pipe (i.e. within the inlet end of the main body) ([0011]).
Regarding Claims 6-7, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 5, and Chen discloses wherein the vent pipe includes a plurality of deflectors and is attached to a second vent pipe that are arranged to define a tortuous venting path inside the vent pipe (wherein the second filter structure and an elastic member disposed inside the flow channel of the main body shake off particles and the second filter structure forms an additional air flow path) ([0016]).
Regarding Claim 10, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1, and Chen discloses wherein the structure is a frame member of an underbody of an electrified vehicle ([0051]).
Regarding Claim 12, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1, and Chen discloses wherein the frame includes a mesh structure ([0067]).
Regarding Claim 13, Chen discloses a [traction] battery pack P ([0005], [0052], entire disclosure dependent upon), comprising:
a housing P20 (corresponding to the instantly claimed enclosure assembly) establishing an interior area ([0006], [0052]);
a battery module P30 (battery array) housed within the interior area ([0052]-[0053]); and
a vent pipe (as defined by the air flow channel 123 and inlet end 121 within the explosion proof valve P10) attached to a wall of the enclosure assembly ([0067]-[0070]); and
a filter (including at least first filter structure 3) positioned within the vent pipe (within the inlet end 121) ([0067]) and configured to filter a constituent element of a gaseous mixture vented from a battery cell of the battery array during thermal runaway (a battery thermal event) ([0067]),
wherein the filter includes a frame (as defined by the inlet end 121 of the main body 12) ([0067]),
Chen fails to explicitly disclose a filtering catalyst.
However, Wolfschmidt discloses a battery with a filter device ([0011], [0039], entire disclosure dependent upon). Wolfschmidt discloses filtering out hydrogen fluoride (HF) in the event of a thermal runaway event in a battery cell to prevent the decomposition of salts added to the electrolyte within the battery ([0015]-[0017], [0037], [0041]) with the assistance of a solid or gaseous catalyst incorporated within the filter device ([0039]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery pack of Chen such that the filter comprises a filtering catalyst applied to the structure comprising the filter, including the frame, wherein the filtering catalyst is configured to chemically reduce a concentration of hydrogen fluoride in a gaseous mixture vented by the battery cell during a battery thermal event in order to prevent the decomposition of the salts added to the electrolyte within the battery cell, as taught by Wolfschmidt.
Regarding Claim 14, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 13, and Chen discloses wherein the vent pipe is fluidly connected to an explosion-proof valve P10 (vent valve) disposed within the wall of the enclosure assembly ([0052], [0068]).
Regarding Claim 15, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 14, and Chen discloses wherein the vent valve includes a second filter (comprising at least second filter structure 4) that is configured to filter the constituent element of the gaseous mixture ([0068]-[0069]).
Regarding Claim 16, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 13, and Chen discloses wherein the filter is disposed within an internal passageway of the vent pipe (i.e. within the inlet end of the main body) ([0011]).
Regarding Claims 17-18, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 13, and Chen discloses wherein the vent pipe includes a plurality of deflectors and is attached to a second vent pipe that are arranged to define a tortuous venting path inside the vent pipe (wherein the second filter structure and an elastic member disposed inside the flow channel of the main body shake off particles and the second filter structure forms an additional air flow path) ([0016]).
Regarding Claim 19, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 13, and Chen discloses wherein the vent pipe is completely outside of the interior area ([0052]-[0055]).
Regarding Claim 20, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 13, and Chen discloses wherein the battery pack comprises a second filter (including at least second filter structure 4) integrated as part of an array housing of the battery array ([0052]-[0055], [0068]-[0069]).
Regarding Claim 21, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1.
Claim 21 puts forth limitations on the battery pack of Claim 1 in the scenario wherein the catalyst filters out carbon monoxide, but it does not require that such filtration be performed. Therefore, the battery pack of Chen in view of Wolfschmidt is considered to meet the requisite limitations of Claim 21.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Chen US PG Publication 2022/0140432 in view of Wolfschmidt DE102015200571, as applied to Claim 1, further in view of Kaplan US PG Publication 2016/0045841.
Regarding Claim 22, Chen in view of Wolfschmidt teaches the instantly claimed battery pack according to Claim 1.
Chen in view of Wolfschmidt fails to explicitly disclose wherein the filtering catalyst comprises at least one of sodium hydroxide or lime.
However, Kaplan discloses a filtration system ([0152]).
Kaplan discloses wherein calcium hydroxide (“slacked lime”) is a known catalyst ([0314]) that can be used in filtrations systems ([0541]) to prevent pollutants from entering a system ([0152]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery pack of Chen in view of Wolfschmidt such that the filtering catalyst comprises slacked lime (which meets the claim limitation of at least one of sodium hydroxide or lime) to filter the pollutants within the battery pack, including the hydrogen fluoride, due to the well known catalytic properties of slacked lime within filtering systems, as taught by Kaplan1,2.
1 The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
2 The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 417, 82 USPQ2d 1396 (2007) (see MPEP § 2143, C.).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Chen US PG Publication 2022/0140432.
Regarding Claim 23, Chen discloses a [traction] battery pack P ([0005], [0052], entire disclosure dependent upon), comprising:
a housing P20 (corresponding to the instantly claimed enclosure assembly) establishing an interior area ([0006], [0052]);
a battery module P30 (battery array) housed within the interior area ([0052]-[0053]);
an explosion-proof valve P10 (vent valve) disposed within a wall of the enclosure assembly ([0052]-[0056], [0067]-[0068]);
a first vent pipe (as defined by the air flow channel 123 and inlet end 121 within the explosion proof valve P10) connected to the vent valve P10 at an outer wall of the enclosure assembly and configured to carry a gaseous mixture from a battery cell of the battery array during thermal runaway (a battery thermal event) ([0067]-[0070]);
a filter (including at least first filter structure 3) disposed within an internal passageway of the first vent pipe (within the inlet end 121) ([0067]) and configured to filter a constituent element of a gaseous mixture vented from a battery cell of the battery array during the battery thermal event ([0067]); and
a second vent pipe connected to the first vent pipe, wherein the first vent pipe and the second vent pipe are arranged to define a tortuous venting path (wherein the second filter structure and an elastic member disposed inside the flow channel of the main body shake off particles and the second filter structure forms an additional air flow path) ([0016], [0067]-[0070]).
While Chen does not explicitly state that the first and second vent pipes reduce kinetic energy of the gaseous mixture and particulates vented from the battery cell during the battery thermal event, thereby enabling particle entertainment and diminishing ignition capability of the gaseous mixture – Chen does disclose cooling down the gaseous mixture after passing through the system comprising the first and second vent pipes and reducing the pressure build up in the battery pack to avoid explosion ([0067]). Additionally, the skilled artisan would recognize that this limitation is interpreted as an intended use for the claimed first and second vent pipes which would be possible the first and second vent pipes of Chen due to their identical structures3,4.
3 The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
4 The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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