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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 30, 2023, September 12, 2024, February 25, 2025 and November 13, 2025 has been considered by the examiner.
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.
Claims 1 and 6-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pre-Grant Publication 2013/0209852 (IDS dated 09/12/2024), hereinafter Schletterer.
Regarding claim 1, Schletterer teaches a battery module (‘electrochemical energy store’ [0047]) comprising:
a battery cell stack (‘cell stacks’ [0058]) in which a plurality of battery cells (Fig 7: 2) are stacked;
a module frame (Fig 7: 1) that surrounds the battery cell stack (Fi 7: 2); and
a fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) interposed between the plurality of battery cells (Fig 7: 2),
wherein the plurality of battery cells (Fig 7: 2) includes a first battery cell (most left battery cell 2) and a second battery cell (second from the left battery cell 2) that are adjacent to each other, and
wherein the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) extends over an upper surface of the first battery cell (Fig 7: most left extinguishing agent additive 16), in a space between the first battery cell and the second battery cell (Fig 7: most left extinguishing agent additive 10), and under a lower surface of the second battery cell in a zigzag shape (Fig 7: 17 under second from the left battery cell 2).
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Regarding claim 6, Schletterer teaches the battery module (‘electrochemical energy store’ [0047]) according to claim 1, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) contacts an upper part of the module frame (fig. 7: 1) and a lower part of the module frame (Fig 7: 9 and 15).
Regarding claim 7, Schletterer teaches the battery module (‘electrochemical energy store’ [0047]) according to claim 1, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) contacts the upper surface of the first battery cell (Fig 7: most left 16) and the lower surface of the second battery cell (Fig 7: second from the left 17).
Regarding claim 8, Schletterer teaches the battery module (‘electrochemical energy store’ [0047]) according to claim 1, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) adheres (extinguishing agent has a gel-like, particularly a viscous consistency’ [0051]) an upper part of the module frame and the upper surface of the first battery cell (Fig 7: most left 16), and adheres (extinguishing agent has a gel-like, particularly a viscous consistency’ [0051]) a lower part of the module frame and the lower surface of the second battery cell (Fig 7: 9).
Regarding claim 9, Schletterer teaches the battery module (‘electrochemical energy store’ [0047] [0048] [0058-9]) according to claim 1, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17) adheres (extinguishing agent has a gel-like, particularly a viscous consistency’ [0051]) the first battery cell and the second battery cell to each other (Fig 7: most left 10).
Regarding claim 10, Schletterer teaches the battery module (‘electrochemical energy store’ [0047]) according to claim 1, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) is interposed between a side surface part of the module frame and an outermost battery cell of the battery stack (Fig 7: 7 and 8).
Regarding claim 11, Schletterer teaches the battery module (‘electrochemical energy store’ [0047]) according to claim 10, wherein: the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) adheres (extinguishing agent has a gel-like, particularly a viscous consistency’ [0051]) the side surface part of the module frame to the outermost battery cell (Fig 7: 7 and 8).
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 2-5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication 2013/0209852 (IDS dated 09/12/2024), hereinafter Schletterer as applied to claim 1 above, and further in view of U.S Pre-Grant Publication 2018/0248160, hereinafter Lee.
Regarding claim 2-5, Schletterer teaches an electrical energy store having a housing 1 that contains a battery cell stack (Fig 7: 2s) and fire extinguishing members disposed around the battery cells (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) (instant claim 1). These fire extinguishing members are contained within housing member 1 and have a gel-like, viscous consistency (Schletterer, [0051]) (instant claim 4).
However, Schletterer fails to teach a double-sided adhesive case for fire extinguishing agents that melts above a predetermined temperature.
Lee teaches a battery pack 400 consisting of battery cells 10 in which a fire retarding material or fire extinguishing agent 60 may be covered with a thin film or a membrane 92 and adhesive 90 (reads on case) (instant claim 2) of a material which is apt to melt in the event of fires (instant claim 3), and the adhesive 90 of the case is able to be attached to the inside of the module case. (Lee, [0067], Fig 5).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to use the double-sided adhesive case for a fire extinguishing agents of Lee in Schletterer because ‘when a thin film or membrane 92 [case] of a material which is apt to melt in the event of fires is peeled off or melted, the fire retarding material or fire extinguishing agent 60 is discharged or diffused toward the cell 10’ (Lee, [0068]). This prevents and stops fires from spreading quickly, minimizing secondary damage such as battery explosions (Lee, [0069]).
Regarding claims 12 and 13, Schletterer teaches an electrical energy store having a housing 1 that contains a battery cell stack (Fig 7: 2s) and fire extinguishing members disposed around the battery cells (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) (instant claim 1). The first battery cell and second battery cell are provided in a plurality of pairs (‘adjacent pairs of electrochemical cells,’ Claim 24) and the fire extinguishing member (Fig 7: 7, 8, 9, 10, 15, 16, and 17 [0048] [0058-9]) extends between the first battery cell and second battery cell of each of the plurality of pairs (‘the extinguishing agent or extinguishing agent additive is arranged as an intermediate element between adjacent pairs,’ Claim 24) (instant claim 13).
However, Schletterer does not teach a battery pack that comprises of the battery module.
Lee teaches a battery pack 400 consisting of battery cells 10 in which a fire retarding material or fire extinguishing agent 60 may be covered with a thin film or a membrane 92 and adhesive 90 (reads on case) (instant claim 2) of a material which is apt to melt in the event of fires (instant claim 3), and the adhesive 90 of the case is able to be attached to the inside of the module case. (Lee, [0067], Fig 5).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to use the battery module of Schletterer in the battery pack of Lee because battery packs are ‘the most essential component of a hybrid electric vehicle or electric vehicle’ (Lee, [0004]) but have ‘risks of fire explosion caused by over-charging and over-current’ (Lee, [0006]). One of ordinary skill in the art would appreciate a battery module in a battery pack that consists of fire extinguishing agents to put out the fires that electric vehicles are at risk of.
Conclusion
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/M.K.H./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724