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
Applicant’s amendment and arguments filed 06/10/2026 have been fully considered. Claim(s) 1, 4, 9, and 13-15 amended; and claim(s) 3, 6-8, 12 has/have been canceled. Examiner affirms that the original disclosure provides adequate support for the amendment.
Upon considering said amendment and arguments, the previous rejection(s) under 35 U.S.C. 102 and 35 U.S.C. 103 set forth in the Office action mailed 03/19/2026 has/have been withdrawn.
Applicant’s amendment necessitated the new grounds of rejection below.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 recites limitations directed to “the barrier”; preceding claim 1 establishes the structure of “a first barrier”. The objected limitation of claim 15 appears intended to refer to the “first barrier” of claim 1, the first barrier being the only barrier recited in claims 1 and 15, and is interpreted for purposes of examination as reciting such.
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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, 4, 9-11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Zhu et al. (CN112018299A; US20220367972A1 cited as English equivalent).
Regarding claim 1, Zhu discloses a battery module (20, “battery”, [0067], FIG. 2), comprising:
a cell assembly having at least one battery cell (22, “plurality of battery cells 22”, [0073-0074], FIG. 2);
a module case (21, “box”) configured to accommodate the cell assembly (22) in an inner space thereof (“accommodation cavity”) ([0074]).
Venting gas (see dashed arrow) leaves Zhu’s battery module (20) by flowing through inlets (215, “discharge hole”) provided in in a vent (212, “side wall”) ([0085-0087], FIG. 4, see Annotated Zhu FIG. 8 Showing Venting Gas Flow below). While not shown in the FIGs., a top wall (see thick black line in annotations) covers the top of the vent (212, “side wall”) to close the module case (21, “box”) ([0083]), and a gap is present between the top wall and a surface of the vent (212). Venting gas (see dashed arrow) leaving the inner space of the battery module would flow through this gap prior to entering the inlet (215), and this gap is thus broadly and reasonably recognized as a venting hole formed to discharge a venting gas generated from the cell assembly as claimed in claim 1 (Annotated Zhu FIG. 8 Showing Venting Gas Flow).
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Annotated Zhu FIG. 8 Showing Venting Gas Flow
Zhu’s side wall (212), which allows discharge of the venting gas to an outside of the module case (21) ([0096], [0102], FIGs. 2, 8), is recognized as the vent (212) provided to an outer side of the module case (21) as claimed in claim 1.
The vent (212) is configured to have a venting channel (216, “discharge passage”) so that the venting gas discharged from the venting hole is introduced into the venting channel (216) and is movable in the venting channel (216) ([0096], see Annotated Zhu FIG. 8 below); wherein the venting channel (216) includes a first barrier shown between a first wall (2122, “second side face”) and a second wall (2121, “first side face”) of the vent (212) to form a first channel and a second channel ([0102], FIGs. 4-6, see Annotated Zhu FIG. 8 below); and an opening shown in the first barrier is recognized as the connection hole between the first channel and the second channel (shown in Annotated Zhu FIG. 8).
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Annotated Zhu FIG. 8
Zhu uses a fire extinguishing member (23) internally provided inside the venting channel (216, “discharge passage”) to extinguish any flames entering the channel (216) ([0099]); as the structure of the venting channel (216) includes the connection hole between the first and second channels (Annotated Zhu FIG. 8), the fire extinguishing member would inherently be present in at least inside the connection hole between the first channel and the second channel as claimed in claim 1.
Assuming arguendo that Applicant provides convincing evidence that Zhu’s fire extinguishing member present inside the venting channel (216) is not necessarily or inherently present inside the connection hole, Zhu also recognizes advantages of providing a fire extinguishing member (23) as a ring located in the inlet (215, “discharge hole”) ([0093]), which helps quickly and effectively extinguish flames passing through the inlet (215) ([0091], FIGs. 4-6). The inlet (215) and connection hole are similar structures, being openings allowing the flow of exhaust gas towards the outside of the battery module ([0091], Annotated Zhu FIG. 8).
Thus, it thus would be obvious before the effective filing date of the instant application for one having ordinary skill in the art seeking to improve Zhu’s fire extinguishing efficiency to provide a fire extinguishing member (23) located in the connection hole between the first channel and the second channel which fully reads on the scope of claim 1, with a reasonable expectation of success as Zhu recognizes providing fire extinguishing member (23) in the venting channel (216) (i.e., in the general location of the connection hole) ([0099]), and inside opening structures such as inlet (215) (i.e., in the specific structure used by the connection hole) ([0093]) (MPEP 2144.07).
Regarding claim 2, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 1, wherein the vent (212) has an inlet (215) formed in an inner surface to communicate with the venting hole of the module case (21) ([0085-0087], FIGs 4-6, Annotated Zhu FIG. 8) and has an outlet (217, “pressure relief valve”) formed in the first wall (2122, “second side face”), being a portion spaced from the inner surface as claimed in claim 2 (FIG. 4, Annotated Zhu FIG. 8).
Regarding claim 4, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 1. Zhu discloses various suitable extinguishing mechanisms of the fire extinguishing member, including inter alia the production of nitrogen and carbon dioxide ([0112]) under the action of flame, i.e., under pyrolysis ([0106-0112]), anticipating or reading on the scope of claim 4.
Assuming arguendo that Applicant persuasively argues or shows by means of evidence that Zhu fails to disclose with sufficient specificity a fire extinguishing member configured to generate carbon dioxide through a pyrolysis reaction, a skilled artisan would necessarily choose an extinguishing mechanism to enable the fire extinguishing member to function; it would thus be obvious for one having ordinary skill in the art to routinely explore the selection of a fire extinguishing member configured to generate carbon dioxide through a pyrolysis reaction through the finite group of suggested extinguishing mechanisms identified by Zhu with a reasonable expectation of success (MPEP 2143 I. E).
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Annotated Zhu FIG. 8 Showing Outlet
Regarding claim 9, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 1.
The end of Zhu’s venting channel (216) at an outlet (217, “pressure relief valve”) ([0100-0102]) is depicted with a narrowed portion which gradually expands, i.e., tapers into a wider portion on which a cap of the outlet (217) is seated (see Annotated Zhu FIG. 8 Showing Outlet, above); Zhu thus discloses or suggests with sufficient specificity the battery module of claim 1 wherein the venting channel is tapered as claimed in claim 9.
Regarding claim 10, Zhu, or in the alternative, modified Zhu discloses a battery pack (100, “energy storage apparatus”), comprising the battery module (20, “battery”) according to claim 1 ([0067-0068]).
Regarding claim 11, Zhu, or in the alternative, modified Zhu discloses a vehicle (100, “vehicle”) comprising the battery module according to claim 1 ([0067]).
Regarding claim 13, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 1, further comprising a second barrier between the first wall (2122) and the second wall (2121) of the vent (212) to form a third channel ([0087], see Annotated Zhu FIGs. 8 and 3, below).
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Annotated Zhu FIGs. 8 and 3
Regarding claims 14 and 15, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 1.
Zhu’s vent (212, “side wall”) is shown comprising holes (e.g., inlet 215 “discharge hole” as an example) with edges that protrude inward from the surrounding walls (e.g., second wall 2121, first barrier, see Annotated Zhu FIGs. 8 and 3 above, [0092]). Spaces (see annotations) of the venting channel (216) around the sides of these edges are comparatively hollow. A plain English definition of “groove” is “a long, narrow, hollow space cut into a surface” (Cambridge Dictionary); thus, the spaces on the surface of the second wall (2121) facing the first wall (2122) are recognized as the grooves of claim 14.
Additionally, edges (see annotations) formed on the (first) barrier constitute variations in thickness of the (first) barrier from a first end of the (first) barrier (a bottom end, adjacent to bottom wall 211) to a second end of the (first) barrier (a top end, adjacent to the inner surface) (Annotated Zhu FIGs. 8 and 3) as claimed in claim 15.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (CN112018299A) as applied to claim 4 in view of Nishino et al. (US20100104928A1), as evidenced by Sui et al. (US20190127644A1).
Regarding claim 5, Zhu, or in the alternative, modified Zhu discloses the battery module according to claim 4. Zhu’s battery module comprises a fire extinguishing member which produces carbon dioxide ([0112]) under the action of flame, i.e., under pyrolysis ([0106-0112]), reading on portions of claim 5, but Zhu fails to disclose a fire extinguishing member configured to also pyrolyzes into water as claimed in claim 5, or identify a chemical composition of the fire extinguishing member configured to inherently produce this effect.
Nishino (US20100104928A1), analogous as directed to methods of preventing flames from being emitted from a battery module (Nishino, abstract, [0001]), teaches the use of sodium hydrogen carbonate as a fire extinguishing agent ([0092]) to produce CO2 and suppress flame ([0103]) where venting gas is routed through a gas cooling portion (1L) lined with sodium hydrogen carbonate as a fire extinguishing agent ([0047, 0092], FIG. 1). Sui (US20190127644A1) also evidences that Nishino’s sodium bicarbonate (i.e., sodium bicarbonate) produces carbon dioxide and water during the heating process (Sui [0024]).
A skilled artisan would necessarily select some identity of chemical composition for Zhu’s fire extinguishing member. As Nishino teaches a suitability of sodium hydrogen carbonate as a fire extinguishing agent to produce CO2 through pyrolysis inside a venting channel comparable to Zhu’s venting channel and connection hole comprising the fire extinguishing member, it would be obvious for one having ordinary skill in the art to select sodium hydrogen carbonate as a material for Zhu’s fire extinguishing member as taught by Nishino, with a reasonable expectation of successfully producing CO2 with the fire extinguishing member (MPEP 2144.07). Such a selection would also result in a fire extinguishing member inherently configured to generate water as well through the pyrolysis reaction, fully reading on the scope of claim 5.
Response to Arguments
Applicant amendments to the specification filed 06/10/2026 correct the deficiency noted in the 03/19/2026 Office action; the objection to is withdrawn.
Amendments to claim 1 to specify movement of the venting gas in the venting channel instead of the inner space overcomes the previous rejection of claim 1 under 35 U.S.C. 112, where the recitation of “inner space” implied the movement of venting gas discharged from the venting hole of the module case into the venting channel of the vent was allowed to be moved back into the inner space of the module case (see rejection filed 03/19/2026, p. 3).
The rejection of claim 3 under 35 U.S.C. 112 has been withdrawn based on the cancellation of this claim. Claim 3’s previously recited terminology of a “multilayer structure” which was found to be ambiguous is not recited in amended claim 1; therefore, no rejection under 35 U.S.C. 112 is applied on the basis of this unclear terminology is applied to claim 1.
The rejection of claim 8 under 35 U.S.C. 112 has been withdrawn based on the cancellation of this claim. Claim 8’s previously recited terminology of an “upper surface”, which was found to be ambiguous because the claims do not clearly establish the orientation of an “up” direction” (see rejection filed 03/19/2026, p. 4), is not recited in amended claim 1; therefore, no rejection to claim 1 under 35 U.S.C. 112 is applied on the basis of this terminology.
Applicant amendment to claim 9 to recite a “tapered structure” instead of an “inclined structure” overcomes the rejection of this claim under 35 U.S.C. 112 (rejection filed 03/19/2026, p. 4).
The rejection of claims 12-14 under 35 U.S.C. 112 has been withdrawn based on the cancellation of claim 12 and amendments to claims 13 and 14. These claims previously recited terminology of an “upper wall” and a “bottom wall”, which was found to be ambiguous because the claims do not clearly establish the orientation of an “up” direction”. Corresponding limitations in amended claims 1, 13, and 14 to instead recite a “first wall” and “second wall” provide sufficient clarity and are not rejected under 35 U.S.C. 112.
Amendments to claim 15 to specify a thickness of the barrier instead of a height of the barrier overcome the previous rejection to this claim under 35 U.S.C. 112 (rejection filed 03/19/2026, p. 4).
Applicant’s arguments with respect to the rejection of amended claims 1-3, 10, and 11 under 35 U.S.C. 102 and 35 U.S.C. 103 over previously cited prior art Seo (US20180358593A1), Nishino (US20100104928A1), Sui (US20190127644A1), Chung (US20110008657A1), Kim (US20180108892A1), and Yoda (US20090081531A1) (remarks p. 6-10) 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.
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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/E.C./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/19/2026
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