DETAILED ACTION
This Office Action is responsive to the April 2nd, 2026 arguments and remarks (“Remarks”). The
text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
Response to Amendment
In response to the amendments received on April 2nd, 2026:
Claims 1, 3, 5-10, 13, 16, 18, and 20-24 are pending. Claims 2, 4, 11-12, 14-15, 17, and 19 have been canceled. Claims 1, 3, 5, 6, 8, 10, 13, 16, and 18 have been amended. Claims 21-24 have been newly added.
Claims 1 and 10 are amended to include limitations from original Claim 4 and further describe a thin metal sheet configuration of the collar.
Claims 3, 6, 16, and 18 are amended to recite “assigned” instead of “associated” with respect to the channel opening.
Claim 5 and 13 are amended and Claim 23 is newly added to describe a thin wall configuration of the connecting element and the collar.
Claim 8 is amended to clarify the battery module arrangement.
Claims 21-22 and 24 are newly added to specify a wall thickness of the connecting element and the collar.
Applicant's amendment finds support in the disclosure including the originally filed claims and specification.
The new grounds of rejection are necessitated by amendment.
Status of Claims
Claims 1-20 stand rejected under 35 U.S.C. 102(a)(1) or 35 U.S.C. 103 as described below:
Claims 1-4, 6-7, 9-11 and 15-20 were rejected under 35 U.S.C. 102(a)(1) as being anticipated by Froemling et al. (DE Pat. No. 102013213776 A1). The rejections are withdrawn in view of the amendment.
Claims 5 and 12-14 were rejected under 35 U.S.C. 103 as being unpatentable over Froemling et al. (DE Pat. No. 102013213776 A1). The rejections are withdrawn in view of the amendment.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Froemling et al. (DE Pat. No. 102013213776 A1) in view of Zacher et al. (U.S. Pat. No. 20200006730 A1). The rejection is withdrawn in view of the amendment.
Response to Arguments
Applicant's arguments filed April 2nd, 2026 have been fully considered as further described below:
Applicant presents arguments to Claims 1 and 10 in which are based on the claims as amended. Applicant's arguments with respect to Claims 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The new grounds of rejection are necessitated by amendment.
Cited Prior Art
Previously Cited Froemling et al. (DE Pat. No. 102013213776 A1) (“Froemling et al.”)
Previously Cited Zacher et al. (U.S. Pat. No. 20200006730 A1) (“Zacher et al.”)
Zbiral et al. (DE Patent No. 102012022346 A1) (“Zbiral et al.”)
Brechling et al. (U.S. Pat. No. 20180138464 A1) (“Brechling et al.”)
Claim Interpretation
Regarding Claims 1 and 10, the term “thin” describing the “metal sheet” forming the collar is interpreted as a thickness of less than one millimeter based on the applicant’s disclosure ([0016] discloses that the collar is in the form of a thin metal sheet, and [0018] teaches that the collar comprises a thin wall design in which is defined as a wall thickness of less than one millimeter; therefore, the thickness of the thin metal sheet is deemed to correspond to the wall thickness).
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.
Claims 1, 3, 5-7, 9-10, 13, 16, 18, and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Froemling et al. (DE Pat. No. 102013213776 A1) in view of Zbiral et al. (DE Patent No. 102012022346 A1) as further evidenced by Brechling et al. (U.S. Pat. No. 20180138464 A1).
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Regarding Claim 1, Froemling et al. teaches a battery module arrangement for a high-voltage battery of a motor vehicle ([0010],[0023]) comprising:
a battery module having at least one battery cell ([0043]), which comprises a cell housing (2) and an at least releasable degassing opening (8) arranged in an area of the cell housing ([0036]-[0037], Figs. 9-10),
wherein the battery module arrangement includes a degassing channel (degassing device (6) comprising an equivalent lower channel (first part 6’) and upper channel (second part 6’’) ([0037], [0045])), which has a channel opening assigned to the degassing opening (see annotated Figs. 9-10), wherein the degassing channel is connected to the degassing opening of the at least one battery cell, so that a gas escaping from the battery cell through the degassing opening is introducible through the assigned channel opening into the degassing channel ([0037] teaches that the degassing device (6) is open above the connection piece (4) and tubular extension (7), [0014] teaches that the released gas passes through the connection piece (forming a degassing opening and corresponding channel opening) into the degassing device (channel), see annotated Figs. 9-10),
wherein the battery cell includes a connecting element (4) for connecting the battery cell to the degassing channel ([0013] teaches connection between the connecting piece and the degassing device, [0037], Figs. 9-10), wherein the connecting element has a tube in which is arranged on the cell housing and encloses the degassing opening, and which has a tube end facing away from the cell housing, which protrudes through the assigned channel opening into the degassing channel (6) ([0041], [0046], see annotated Fig. 9),
wherein the degassing channel includes an at least partially cylindrical collar (thermally stable rubber sealing ring, [0046]) which protrudes into an interior of the degassing channel and radially delimits the channel opening, which the collar is arranged concentrically to the tube, extending annularly around the channel opening (see annotated Figs. 9-10), wherein the collar includes a collar end area, wherein the connecting element includes a terminating element (as shown in annotated Fig. 10, the collar (12) includes a collar end area in contact with the terminating element) which is arranged at the tube end.
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Froemling et al. does not teach that the cylindrical collar is in the form of a thin metal sheet;
Zbiral et al. teaches a degassing channel (gas passage) including a collar 82 (metal sheet also referred to as a membrane support grid/membrane protection body) in which extends annularly to surround the exterior of a carrier body flange (connecting element, [0007]); the flange (connecting element) and collar surround the channel opening, while the collar is in the form of a thin metal sheet ([0016], [0025], [0071], see annotated Fig. 17). The term “sheet” often implies a thin material: "[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw [AltContent: textbox (Fig. 11 (Zbiral et al.))]
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therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968) (see MPEP 2144.01).
As further support, Zbiral et al. does not teach a specific thickness of the metal sheet; however, Zbiral discloses a thickness of the membrane 45 of 0.25 mm. Based on Figures 11 and 17 of Zbiral et al., one of ordinary skill in the art can establish that the collar 82 is similar in thickness to the membrane 45 in relation to a thickness of the carrier body flange 31.2 (connecting element). Therefore, one of ordinary skill in the art would expect the thickness of the collar 82 to also be close to 0.25 mm. The flange (connecting element), collar (membrane protection body), and membrane are clamped providing adequate sealing against water penetration from outside to the exterior of the housing ([0025]). Further, the collar (membrane support grid) provides protection of the membrane against damage caused by handling and deformations caused by external gas and water pressure, while also allowing degassing and pressure equalization within the interior of the housing ([0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collar of Froemling et al. to be formed as a thin metal sheet in which surrounds the flange (connecting element); and a collar end area is connected to a flange end as taught by Zbiral et al. One of ordinary skill in the art would have been motivated to perform the described modification to improve sealing; and to provide improved protection of the membrane against damage caused by handling and deformations caused by external gas and water pressure, while also allowing degassing and pressure equalization within the interior of the housing as described above.
Froemling et al. teaches that the terminating element is bent and connected to the collar end area by a folded (bent) joint ([0037] teaches an edge (9) of the connecting element (4) in which is bent toward the inside of the tubular extension (7)).
As the collar of Froemling et al. is modified by Zbiral et al. to comprise a thin metal sheet surrounding the flange (corresponding to the connecting element of Froemling et al.) in which a collar end area is connected to a flange end (corresponding to the terminating element of Froemling et al.), it would be obvious to also bend the collar end area in relation to the terminating element to form the folded joint of Froemling et al. and establish connection there between (see annotated Fig. 17 of Zbiral et al.). Further, utilizing folded joints to establish connection between components is well known in the field of endeavor. As the applicant notes in [0016] of the published application, bending or turned inside out radially outward one or more times together with the collar end area is typical for folded joints; as further evidence, Brechling et al. teaches that folded joints, preferably double folded joints, can be used to achieve a tight connection between materials ([0029], [0078]).
Regarding Claim 3, Froemling et al. is modified by Zbiral et al. teaching all claim limitations as applied to Claim 1 above. Froemling et al. teaches that the tube has a smaller external diameter in at least one first direction than the assigned channel opening ([0024] teaches that the tube of the connection piece is advantageously moveably connected to the at least one battery cell in relation to the degassing channel; [0037] teaches that the opening (8) holds the connecting piece (4) and tube portion thereof, the tube fits inside the channel opening in which a gap exists between the connection piece and the bordering edges (inner walls) of the degassing channel, see Figs. 9-10; [0013] teaches that during degassing, the openings of the bordering edges (walls) of the degassing channel are connected by the deformation of the connection piece, see Fig. 6). Therefore, all claim limitations are met.
Regarding Claim 5, 13, and 23, Froemling et al. is modified by Zbiral et al. teaching all claim limitations as applied above to Claims 1, 3, and 10, respectively. As required by Claims 5, 13, and 23:
Froemling teaches that the connecting element is designed with walls forming the tubular structure and is advantageously moveable relative to the degassing channel (Figs. 9-10, [0024], [0037]). While Froemling et al. does not explicitly disclose the specific thickness of the walls of the connecting element, it would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the thickness of the wall to be thin, since such modification would have involved a mere change in the size of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984) (MPEP 2144.04(IV)). It is within the level of one of ordinary skill in the art to adjust the thickness of the walls of the connection element to allow movability of the connecting piece ([0024] of Froemling et al. teaches that the connection piece is advantageously moveably connected to the at least one battery cell in relation to the degassing channel wherein upon movement of the degassing channel away from the battery cells, the sealing element is compressed by the connecting piece and the tightness is improved).
Further, as described above, the collar of Froemling et al. is modified by Zbiral et al. to comprise thin walls (thin metal sheet) surrounding the flange (corresponding to the connection element of Froemling et al.) and a connection is formed between the collar end area and the flange end (corresponding to the terminating element of Froemling et al.). It would be obvious to design the collar to also shift and bend in relation to the connection element as the movement of either component would be effected by the movement of the other component. If the collar does not comprise said bending/shifting capabilities, the collar may be damaged upon movement of the attached connection element; in addition, the collar may restrict movement of the connection element and inhibit the corresponding functions.
Regarding Claims 6, 16, and 18, Froemling is modified by Zbiral et al. teaching all claim limitations as applied above to Claims 1, 3, and 5, respectively.
As required by Claims 6, 16, and 18, Froemling et al. teaches that the degassing channel includes a lower channel shell (first part 6’) in which the assigned channel opening is arranged, and an upper channel shell (second part 6’’) which is arranged on the lower channel shell and faces away from the battery module ([0045], Figs. 9-10). Therefore, all claim limitations are met.
Regarding Claims 7 and 20, Froemling is modified by Zbiral et al. teaching all claim limitations as applied to Claim 1 and 3 respectively, above. As required by Claims 7 and 20, Froemling et al. teaches wherein the battery module includes multiple battery cells arranged in a row, which include the respective cell housings (2), degassing openings (8), and connecting elements (4) for connecting the respective battery cells to the degassing channel (6), wherein the degassing channel includes multiple channel openings assigned to a respective degassing opening ([0046], Figs. 9-10). Therefore, all claim limitations are met.
Regarding Claim 9, Froemling is modified by Zbiral et al. teaching all claim limitations as applied to Claim 1 above. Froemling et al. teaches a motor vehicle having the battery module arrangement ([0010], [0023]). Therefore, all claim limitations are met.
Regarding Claim 10, Froemling et al. teaches a method for providing a battery module arrangement for a high-voltage battery of a motor vehicle ([0001], [0010],[0023]) wherein the method comprises:
providing a battery module having at least one battery cell ([0043]), the at least one battery cell comprising a cell housing (2) and an at least releasable degassing opening (8) arranged in an area of the cell housing ([0036]-[0037], Figs. 9-10),
providing the battery cell with a connecting element (connecting piece (4)) for connecting the battery cell to the degassing channel ([0037]), wherein the connecting element has a tube in which is arranged on the cell housing and encloses the degassing opening, the tube having a tube end facing away from the cell housing, and the connecting element including a terminating element arranged at the tube end (see annotated Figs. 9-10),
providing a degassing channel (degassing device (6), [0037]) having a channel opening assigned to the degassing opening, the degassing channel includes an at least partially cylindrical collar (thermally stable rubber sealing ring, [0046]) that protrudes into an interior of the degassing channel and radially delimits the channel opening, which the collar is arranged concentrically to the tube, extending annularly around the channel opening, the collar (12) includes a collar end area (in contact with the terminating element) (see annotated Figs. 9-10), and
connecting the degassing channel to the degassing opening of the at least one battery cell, by introducing the tube end through the assigned channel opening into the degassing channel by bending the terminating element and connecting to the collar end area by a folded (bent) joint ([0037], annotated Figs. 9-10),
so that a gas escaping from the battery cell through the degassing opening is at least partially introducible through the assigned channel opening into the degassing channel ([0037] teaches that the degassing device (6) is open above the connection piece (4) and tubular extension (7), Figs. 9-10).
Froemling et al. does not teach that the cylindrical collar is in the form of a thin metal sheet.
Zbiral et al. teaches a degassing channel (gas passage) including a collar 82 (metal sheet also referred to as a membrane support grid/membrane protection body) in which extends annularly to surround the exterior of a carrier body flange (connecting element, [0007]); the flange (connecting element) and collar surround the channel opening, while the collar is in the form of a thin metal sheet ([0016], [0025], [0071], see annotated Fig. 17). The term “sheet” often implies a thin material: "[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968) (see MPEP 2144.01).
As further support, Zbiral et al. does not teach a specific thickness of the metal sheet; however, Zbiral discloses a thickness of the membrane 45 of 0.25 mm. Based on Figures 11 and 17 of Zbiral et al., one of ordinary skill in the art can establish that the collar 82 is similar in thickness to the membrane 45 in relation to a thickness of the carrier body flange 31.2 (connecting element). Therefore, one of ordinary skill in the art would expect the thickness of the collar 82 to also be close to 0.25 mm. The flange (connecting element), collar (membrane protection body), and membrane are clamped providing adequate sealing against water penetration from outside to the exterior of the housing ([0025]). Further, the collar (membrane support grid) provides protection of the membrane against damage caused by handling and deformations caused by external gas and water pressure, while also allowing degassing and pressure equalization within the interior of the housing ([0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collar of Froemling et al. to be formed as a thin metal sheet in which surrounds the flange (connecting element); and a collar end area is connected to a flange end as taught by Zbiral et al. One of ordinary skill in the art would have been motivated to perform the described modification to improve sealing; and to provide improved protection of the membrane against damage caused by handling and deformations caused by external gas and water pressure, while also allowing degassing and pressure equalization within the interior of the housing as described above.
Froemling et al. teaches that the terminating element is bent and connected to the collar end area by a folded (bent) joint ([0037] teaches an edge (9) of the connecting element (4) in which is bent toward the inside of the tubular extension (7)).
As the collar of Froemling et al. is modified by Zbiral et al. to comprise a thin metal sheet surrounding the flange (corresponding to the connecting element of Froemling et al.) in which a collar end area is connected to a flange end (corresponding to the terminating element of Froemling et al.), it would be obvious to also bend the collar end area in relation to the terminating element to form the folded joint of Froemling et al. and establish connection there between (see annotated Fig. 17 of Zbiral et al.). Further, utilizing folded joints to establish connection between components is well known in the field of endeavor. As the applicant notes in [0016] of the published application, bending or turned inside out radially outward one or more times together with the collar end area is typical for folded joints; as further evidence, Brechling et al. teaches that folded joints, preferably double folded joints, can be used to achieve a tight connection between materials ([0029], [0078]).
Regarding Claims 21, 22, and 24, Froemling is modified by Zbiral et al. teaching all claim limitations as applied above to Claims 5, 13, and 23, respectively.
As required by Claims 21, 22, and 24:
Froemling teaches that the connecting element is designed with walls forming the tubular structure and is advantageously moveable relative to the degassing channel (Figs. 9-10, [0024], [0037]). While Froemling et al. does not explicitly disclose the specific thickness of the walls of the connecting element, it would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the thickness of the wall to be within said range of less than 1 mm, since such modification would have involved a mere change in the size of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (MPEP 2144.04(IV)). It is within the level of one of ordinary skill in the art to determine a suitable thickness of the walls of the connection element that allows movability of the connecting piece while minimizing the use of materials and related costs ([0024] of Froemling et al. teaches that the connection piece is advantageously moveably connected to the at least one battery cell in relation to the degassing channel wherein upon movement of the degassing channel away from the battery cells, the sealing element is compressed by the connecting piece and the tightness is improved).
As described above, the collar of Froemling et al. is modified by Zbiral et al. to comprise a thin metal sheet surrounding the flange (corresponding to the connecting element of Froemling et al.) with a motivation to provide improved sealing while allowing degassing/pressure equalization. As described above, Zbiral et al. teaches that a wall thickness of the collar 82 is similar in thickness to the membrane 45 in which is 0.25 mm, within the claimed range of less than 1 mm (Based on Figures 11 and 17 of Zbiral et al., one of ordinary skill in the art can establish that the collar 82 is similar in thickness to the membrane 45 in comparison to a thickness of the carrier body flange 31.2 (connecting element)). Alternatively, a mere change in size is deemed an obvious design choice (MPEP 2144.04(IV)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Froemling et al. (DE Pat. No. 102013213776 A1) in view of Zbiral et al. (DE Patent No. 102012022346 A1) as applied to Claim 1 above, and further in view of Zacher et al. (U.S. Pat. No. 20200006730 A1) .
Regarding Claim 8, Froemling is modified by Zbiral et al. teaching all claim limitations as applied to Claim 1 above. Froemling et al. teaches a battery module having at least one battery cell arranged in a row, the battery cell comprising a respective cell housing (2), a respective degassing opening (8), a respective connecting element (4) for connecting the respective battery cells to a common degassing channel (6), wherein the common degassing channel includes multiple channel openings each assigned to a respective one of the degassing openings ([0043], [0046], Figs. 9-10).
Froemling et al. does not teach multiple modules arrange in a row.
Zacher et al. teaches arranging multiple battery modules in a row for use in a motor vehicle (Abstract, Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery module arrangement of Froemling et al. to include multiple modules arranged in a row as taught by Zacher et al. One of ordinary skill in the art would have been motivated to perform the described modification to include obvious advantages such as providing increased capacity and scalability for use in larger vehicles. "Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)." When performing the described modification in would be obvious to extend the common degassing channel over the multiple battery modules as making elements integral (merely integrating the degassing channel of each battery module) is within the level of one of ordinary skill in the art (see MPEP 2144.04.V.B); and can provide a simplified manufacturing process.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/C.R.D./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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