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 .
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)(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) 1-5, 9-12, 14-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xiao et al. (US 2023/0087017A1).
Regarding claim 1, Xiao discloses a battery module (battery pack 100 [0050], Fig. 1-8) comprising:
a cell assembly comprising one or more battery cells (battery cells 106 [0050]. Fig. 1);
a module case having an inner space in which the cell assembly is accommodated (housing or pouch 102 [0050], Fig. 1); and
at least one expansion member located in the module case, and configured to fill at least a part of an empty space in the module case by being expanded in volume when heat is supplied (thermal barrier components 110 disposed between adjacent battery modules 104 and/or between battery modules 104 and the housing 102, the thermal barrier component 110 including an intumescent carbon material such as polymer foam [0051]-[0053], Fig. 1-2).
Regarding claim 2, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the at least one expansion member comprises a phase-change material (functional material may include a phase change material [0052]).
Regarding claim 3, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses a fire extinguishing member containing a fire extinguishing material, and configured to release the fire extinguishing material therein when the at least one expansion member is expanded (particles including fire retardant [0052], [0061], [0068], [0070]).
Regarding claim 4, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the at least one expansion member is located between the cell assembly and the fire extinguishing member (thermal barrier assembly 200 including one or more thermal barrier components 110 and one or more additional layers with or without functional materials; thermal barrier assembly 200 includes one or more first layers 204 [0079]-[0080], Fig. 2).
Regarding claim 5, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the fire extinguishing member is located over the cell assembly (thermal barrier components 110 disposed between adjacent battery modules 104 and/or between battery modules 104 and the housing 102 [0051]-[0053], Fig. 1-2).
Regarding claim 9, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses a battery pack comprising the battery module according to claim 1 (the cells, blocks and battery modules may be connected in series and/or in parallel; in different connected configurations; and may be organized into blocks, packs, and/or groups [0050]; see rejection of claim 1 above).
Regarding claim 11, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses a vehicle comprising the battery module according to claim 1 (vehicle [0113]; see rejection of claim 1 above).
Regarding claim 14, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the cell assembly comprises two groups of battery cells (the cells, blocks and battery modules may be connected in series and/or in parallel; in different connected configurations; and may be organized into blocks, packs, and/or groups [0050], Fig. 1), and wherein the at least one expansion member is between the two groups of battery cells (thermal barrier components 110 disposed between adjacent battery modules 104 and/or between battery modules 104 and the housing 102 [0051], Fig. 1).
Regarding claim 15, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the at least one expansion member is a first expansion member and a second expansion member (thermal barrier assembly 200 including one or more thermal barrier components 110 and one or more additional layers with or without functional materials; thermal barrier assembly 200 includes one or more first layers 204 [0079]-[0080], Fig. 2), and wherein a fire extinguishing member containing a fire extinguishing material is between the first expansion member and the second expansion member (thermal barrier assembly 200 including one or more thermal barrier components 110 and one or more additional layers with or without functional materials; thermal barrier assembly 200 includes one or more first layers 204 [0079]-[0080], Fig. 2).
Regarding claim 16, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the at least one expansion member is a first expansion member between the cell assembly and a first wall of the module case, a second expansion member between the cell assembly and a second wall of the module case and a third expansion member between the two groups of battery cells (thermal barrier components 110 disposed between adjacent battery modules 104 and/or between battery modules 104 and the housing 102 (e.g., above battery modules 104, as shown, below battery modules 104, and/or along sides of battery modules 104) [0051], Fig. 1).
Regarding claim 10, Xiao discloses a battery pack (battery pack 100 [0050], Fig. 1-8) comprising:
a cell assembly comprising one or more battery cells (battery cells 106 [0050]. Fig. 1);
a pack case having an inner space in which the cell assembly is accommodated (housing or pouch 102 [0050], Fig. 1); and
an expansion member located in the pack case, and configured to fill at least a part of an empty space in the pack case by being expanded in volume when heat is supplied (thermal barrier components 110 disposed between adjacent battery modules 104 and/or between battery modules 104 and the housing 102, the thermal barrier component 110 including an intumescent carbon material such as polymer foam [0051]-[0053], Fig. 1-2).
Regarding claim 12, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses a vehicle comprising the battery pack according to claim 10 (vehicle [0113]; see rejection of claim 10 above).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US 2023/0087017A1), as applied to claims 1-5, 9-12, 14-16 above, in view of JP2018098074A, refer to English machine translation by EPO.
Regarding claim 6, Xiao discloses all of the claim limitations as set forth above. However, Xiao does not disclose a venting hole is formed in the module case, and wherein the at least one expansion member is configured to close at least a part of the venting hole when being expanded.
JP2018098074A discloses a battery pack comprising unit cells 3 in a case 2 and a foam heating insulating material 10 (thermal expansion heat insulation material) provided inside the upper wall 2b of the case 2, wherein the case 2 includes an air inlet 7 and air outlet 8 for introducing and discharging cooling air ([0013]-[0019], Fig. 1-3). JP2018098074A further discloses foam heating insulating material 10 flows into cooling air passage during thermal runaway to close air outlet 8 to prevent influence to the outside of the case 2 ([0019]).
Xiao and JP2018098074A are analogous art because they are concerned with the same field of endeavor, namely temperature management in battery packs.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Xiao to include an air inlet and air outlet along with a foam heating insulation material near the air outlet configured to close the air outlet during thermal runaway because JP2018098074A teaches improved safety.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US 2023/0087017A1), as applied to claims 1-5, 9-12, 14-16 above.
Regarding claim 7, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the at least one expansion member comprises a plurality of expansion portions, and wherein a degree of expansion of the plurality of expansion portions of the expansion member is partially different.
While Xiao does not explicitly disclose the at least one expansion member comprises a plurality of expansion portions, and wherein a degree of expansion of the plurality of expansion portions of the expansion member is partially different, there are only a finite number of solutions for relative degree of expansion of materials, namely, selecting among the various intumescent materials (Xiao discloses various intumescent materials [0052]-[0053], [0066], [0075]-[0078]) resulting in one of two possibilities-degree of expansion of two materials being the same or different. Thus, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103.” KSR International Co. v. Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1397 (2007).
Regarding claim 8, Xiao discloses all of the claim limitations as set forth above. Xiao further discloses the plurality of expansion portions have different reaction temperatures for expansion (first temperature [0063], second temperature [0065], third temperature [0069]m fourth temperature [0076]; thermal barrier component 110 configured to provide different functions at different temperature stages [0077]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US 2023/0087017A1), as applied to claims 1-5, 9-12, 14-16 above, in view of Min (US20210083344A1).
Regarding claim 13, Xiao discloses all of the claim limitations as set forth above. However, Xiao does not further disclose the at least one expansion member has apertures.
Min discloses a battery module including an air intake unit 300, an air discharge unit 400 and a sheet member 500, the sheet member 500 made of a foam material configured to expand at a predetermined temperature ([0034], [0039]-[0044] Fig. 1-2). Fig. 2 of Min further shows sheet member 500 including apertures aligned with air intake unit 300 and air discharge unit 400.
Xiao and Min are analogous art because they are concerned with the same field of endeavor, namely temperature management in battery packs.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Xiao to include an air intake and discharge along with apertures in the sheet member aligned with the air intake and discharge because Min teaches air cooling for battery packs.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US 2023/0087017A1), as applied to claims 1-5, 9-12, 14-16 above, in view of Kume et al. (US 2012/0003526A1).
Regarding claim 17, Xiao discloses all of the claim limitations as set forth above. Although Xiao further discloses the one or more battery cells are stacked in a first direction of the module case (see Fig. 1), the reference does not disclose concave grooves are formed across a bottom wall of the module case in the first direction.
Kume discloses a battery pack having battery cells stacked together in an outer case 6, wherein the outer case 6 has concave grooves formed across a bottom wall of the module case in the battery stacking direction (see Title, Abstract, [0032], Fig. 2).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 3/16/2026
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