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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/2/26 has been entered.
Response to Arguments
Applicant’s arguments, see remarks, filed 2/3/26, with respect to the drawing objections and rejections under 35 USC 112(b) have been fully considered and are persuasive. The drawing objections and rejections under 35 USC 112(b) have been withdrawn.
Applicant’s amendments, filed 2/3/26, have overcome the rejection(s) of claim(s) 1-8, 11-18 and 20 under 35 USC 103. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of WO 2018/023050.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3, 4, 6 and 20 is/are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by WO 2018/023050 hereinafter ‘050.
Regarding claims 1 and 20, ‘050 teaches a battery pack 504 comprising: a plurality of battery cells 502 organized in battery cell modules; a battery pack enclosure surrounded by an external environment, the battery pack enclosure including: an enclosure tray having a first compartment configured to house the plurality of battery cells and a second compartment configured to collect high-temperature gas emitted by at least one of the plurality of battery cells during a thermal runaway and expel the high- temperature gas to the external environment (see annotated figure 5a below), wherein the enclosure tray includes a false floor 514 and the second compartment is incorporated into the false floor; and an enclosure cover configured to engage the enclosure tray and seal the battery pack enclosure, wherein the first compartment is arranged between the second compartment and the enclosure cover (see annotated figure 5a below); a temperature-sensitive component 510 arranged inside the battery pack enclosure between the second compartment and the enclosure cover; a plurality of vent channels (518 and the path from 518 to 534, see annotated figure 5c below) incorporated into the false floor, fluidly connecting the first compartment to the second compartment and configured to direct the high-temperature gas from the first compartment to the second compartment, thereby diverting the high-temperature gas away from the temperature-sensitive component; a baffle 536 arranged in each end of each vent channel in a flow 538 (see annotated figure 5c below) of the high-temperature gas directed by the respective vent channel and configured to slow and cool the high-temperature gas; and a ventilation plug 520 (e.g. louver, paragraph [0130]) arranged in the battery pack enclosure and configured to open fluid communication between the second compartment and the external environment when the ventilation plug is impinged on by the high-temperature gas. See also paragraphs [0127]-[0131].
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Regarding claim 3, ‘050 teaches the battery pack of claim 1, wherein the enclosure tray includes an endcap in fluid communication with the second compartment (see annotated figure 5c below).
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Regarding claim 4, ‘050 teaches the battery pack of claim 3, wherein the baffle 536 is located in the endcap.
Regarding claim 6, ‘050 teaches the battery pack of claim 3, further comprising a ventilation plug 520 (e.g. louver, paragraph [0130]) arranged in the battery pack enclosure and configured to interface with the endcap and open fluid communication between the endcap and the external environment when the ventilation plug is impinged on by the high-temperature gas.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘050.
‘050 discloses the claimed invention except for the baffle includes twin curvilinear sections diverging in opposite directions. The instant specification does not show any sort of criticality for the shape of the baffle. It would have been prima facia obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the baffle in ‘050, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. See MPEP 2144.04 IV (B).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘050 in view of US 11,316,230 hereinafter Boecker.
‘050 as discussed above is incorporated herein.
‘050 does not teach the endcap is constructed as a separate component from the first and second compartments and joined to the second compartment to thereby form the enclosure tray.
Boecker teaches a battery pack for an electric motor vehicle comprising vents 704 configured to selectively open and close, a separate end cap (heat shield 800) joined to the housing/compartment which forms a baffle (figs. 7 & 8 and column 16, lines 32-56).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to include the vents and end cap which forms a baffle of Boecker as part of the venting structure of ‘050 in order to allow the pressure inside the battery pack to equalize with atmospheric pressure or to allow gas and active material to exit the battery pack during a thermal runaway event and to direct the exiting gas and active material in a safer direction to prevent damage to people or structures located in its path (Boecker column 16, lines 32-56).
Claim(s) 7 & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘050.
Regardling claim 7, ‘050 as discussed above is incorporated herein. ‘050 additionally teaches the use of a screen to capture hot particles (paragraph [0131]).
‘050 discloses the claimed invention except for the specific location of the screen. The instant specification does not show any sort of criticality for the location of the screen. It would have been prima facia obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to relocate the screen, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI (C).
Regarding claim 8, ‘050 as discussed above is incorporated herein. ‘050 additionally teaches “cell block vents may be coupled with the cell block structure via a polymeric membrane or other polymeric material. The polymeric material may be configured to weaken, break, or fail as a surrounding environmental temperature exceeds a threshold” (paragraph [0047]).
‘050 does not provide explicitly disclose details for the ventilation plug 520 (e.g. louver, paragraph [0130]).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use a polymeric membrane for the ventilation plug 520 (e.g. louver, paragraph [0130]) as taught in paragraph [0047] of ‘050, in order to provide a polymeric membrane ventilation plug that will break or fail when a temperature threshold is exceeded, thereby increasing the safety of the battery back system (paragraph [0047]).
Claim(s) 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘050 in view Boecker.
Regarding claim 11, ‘050 as discussed above is incorporated herein.
‘050 does not teach the battery pack is used in a motor vehicle.
Boecker teaches a motor vehicle 100 comprising: a power-source 110 configured to generate power-source torque; and a battery pack 106A & 106B configured to supply electrical energy to the power-source (see figure 1 and column 4, lines 19-44).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use the battery pack of ‘050 in a motor vehicle as taught by Boecker in order to provide a motor vehicle with sufficient electricity to power an entire vehicle, while at the same time reducing the risk of thermal runaway and preventing a chain reaction of thermal runaway in nearby cells (Boecker column 1, lines 6-16).
Regarding claim 12, ‘050 as modified by Boecker discloses the claimed invention except for the baffle includes twin curvilinear sections diverging in opposite directions. The instant specification does not show any sort of criticality for the shape of the baffle. It would have been prima facia obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the baffle in ‘050, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. See MPEP 2144.04 IV (B).
Regarding claims 13 & 14, ‘050 as modified by Boecker teaches the limitations of claims 13 & 14, see rejections of claims 3 & 4 above.
Regarding claim 15, ‘050 as modified by Boecker as discussed above is incorporated herein.
‘050 as modified by Boecker does not teach the endcap is constructed as a separate component from the first and second compartments and joined to the second compartment to thereby form the enclosure tray.
Boecker further teaches a battery pack for an electric motor vehicle comprising vents 704 configured to selectively open and close, a separate end cap (heat shield 800) joined to the housing/compartment which forms a baffle (figs. 7 & 8 and column 16, lines 32-56).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to include the vents and end cap which forms a baffle of Boecker as part of the venting structure of ‘050 in order to allow the pressure inside the battery pack to equalize with atmospheric pressure or to allow gas and active material to exit the battery pack during a thermal runaway event and to direct the exiting gas and active material in a safer direction to prevent damage to people or structures located in its path (Boecker column 16, lines 32-56).
Regarding claim 16, ‘050 as modified by Boecker teaches the limitations of claim 16, see rejection of claim 6 above.
Regarding claim 17, ‘050 as modified by Boecker as discussed above is incorporated herein. ‘050 additionally teaches the use of a screen to capture hot particles (paragraph [0131]).
‘050 as modified by Boecker discloses the claimed invention except for the specific location of the screen. The instant specification does not show any sort of criticality for the location of the screen. It would have been prima facia obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to relocate the screen, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI (C).
Regarding claim 18, ‘050 as modified by Boecker as discussed above is incorporated herein. ‘050 additionally teaches “cell block vents may be coupled with the cell block structure via a polymeric membrane or other polymeric material. The polymeric material may be configured to weaken, break, or fail as a surrounding environmental temperature exceeds a threshold” (paragraph [0047]).
‘050 as modified by Boecker does not explicitly disclose details for the ventilation plug 520 (e.g. louver, paragraph [0130]).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use a polymeric membrane for the ventilation plug 520 (e.g. louver, paragraph [0130]) as taught in paragraph [0047] of ‘050 as modified by Boecker, in order to provide a polymeric membrane ventilation plug that will break or fail when a temperature threshold is exceeded, thereby increasing the safety of the battery back system (paragraph [0047]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120164490 shows a battery module with a false floor for ventilation of batteries in figure 6.
US 12573711 shows an automotive battery with gas deflection elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT W HODGE whose telephone number is (571)272-2097. The examiner can normally be reached M-F 8-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Thomas can be reached at (571) 272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT W HODGE/ Supervisory Patent Examiner, Art Unit 3645
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