DETAILED 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 .
The pending claims are claims 1-15.
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.
Claim(s) 1-5, 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al., KR 20190078521.
Regarding claim 1, Choi et al., teaches a battery module (0001-0002) comprising: at least one battery cell (0011-0013); and a module case (0115) comprising: a case body (0011; 0017; 0019) having an inner space for accommodating the at least one battery cell (empty space) (0021) and an open end on an upper side (0075); and a top plate (cover plate) (0017) that covers the upper side of the case body (0034) and is coupled to an upper portion of the case body (0060), wherein the open end of the case body has an upwardly protruding assembly guide (0060protrusion (0055; 0060), and wherein a perimeter where the open end of the case body and the top plate are in contact with each other is welded (0100; 0127; 0135).
Regarding claim 2, Choi et al., teaches wherein the case body is a sealed box except for the upper side (0023; 0061; 0065-0066).
Regarding claim 3, Choi et al., teaches wherein the case body further comprises a bottom plate forming the bottom surface and a wall plate forming a front wall (0023; 0074), a rearwall, a left wall, and a right
Regarding claim 4, Choi et al., teaches wherein the open end of the case body is a flange horizontally protruding outward from the wall plate (0015; 0025).
Regarding claim 5, Choi et al., teaches wherein the module case is formed of a clad metal (aluminum) (0068) in which dissimilar metals are bonded to each other (plates are joined together by welding) (0068; 0100-0101; 0135).
Regarding claim 7, Choi et al., teaches wherein the top plate comprises a first lid portion and a second lid portion (0023; 0040), and wherein the first lid portion forms an outer surface of the top plate (0023; 0019; 0034) and is made of the first metal (0068) (aluminum), and the second lid portion forms an inner surface of the top plate and is made of the second metal (0068; “aluminum material…not limited to being formed of the same material, and may be formed of different materials”).
Regarding claim 8, Choi et al., teaches wherein the first lid portion is seated on an upper edge of the outside portion (0055), and the second lid portion is seated on an upper edge of the inside portion (0055).
Regarding claim 9, Choi et al., teaches wherein the assembly guide hole (fastening hole) is provided on an edge of the first lid portion (0131; 0133).
Regarding claim 10, Choi et al., teaches wherein the first lid portion and the second lid portion are provided to have a same surface area (0040), and wherein the assembly guide hole (fastening hole) is provided only on the edge of the second lid portion among the edges of the first lid portion and the second lid portion (0023; 0040).
Regarding claim 11, Choi et al., teaches battery pack comprising a battery module (0007-0020) according to claim 1.
Regarding claim 12, Choi et al., teaches wherein the assembly guide hole is on an edge of the second lid portion (0131).
Regarding claim 13, Choi et al., teaches wherein the assembly guide hole (fastening hole) does not extend through the first lid portion (0131).
Regarding claim 14, Choi et al., teaches wherein the outside portion extends above the inside portion (0060; 0100).
Regarding claim 15, Choi et al., teaches wherein the top plate comprises a first lid portion and a second lid portion (0040), wherein the first lid portion forms an outer surface of the top plate (0023), and the second lid portion forms an inner surface of the top plate (0023), and wherein the first lid portion is seated on an upper edge of the outside portion of the case body (0055), and the second lid portion is seated on an upper edge of the inside portion of the case body (0019; 0023; 0034).
Thus, the claims are anticipated.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al., KR 20190078521.
Regarding claim 6, Choi et al., teaches wherein the case body comprises: an outside portion forming an outer surface of the case body (0011; 0017; 0019) and made of a first metal (aluminum) (0068); and an inside portion forming an inner surface of the case body (0019; 0023; 0034) wherein the open end of the case body (0075) is formed on an upper edge of the outside portion (0055; 0060). Choi teaches case made of the first metal (0068) (aluminum), and the second lid portion forms an inner surface of the top plate and is made of the second metal (0068; “aluminum material…not limited to being formed of the same material, and may be formed of different materials”).
Choi does not teach a second metal having a higher melting point than a melting point of the first metal,
However, Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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