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 .
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 .
Election/Restrictions
Applicant's election with traverse of Group 1 and Species A in the reply filed on 4/9/26 is acknowledged. The traversal is on the following ground(s):
The applicant alleges the restriction of Groups 1-3 is improper because there is no undue search burden. The applicant also cites the International Search Report/Written Opinion as evidence for the lack of a search burden. The applicant also alleges that the restriction is improper because each of the dependent claims requires all of the particulars of the dependent claim which means there is no undue search burden in this case. These arguments are not persuasive because they all amount to an argument that because there is no search burden, the Unity of Invention Requirement is improper. Search burden is not a requirement for Unity of Invention Requirements.
The applicant further alleges that the election of species requirement is improper because the examiner has used language from a dependent claim in the comparison of the species against the prior art, citing MPEP 1850(II). This is not persuasive because:
1. Species are drawn from the content of the specification, not the claims.
2. Another analysis of the species may read as follows:
Species A-H lack unity because the species do not share the same special technical feature. The special technical feature of Species A is the uneven structure formed at the end of the end plates which are not bounded on the top by folded sections of the end plates (See Fig. 6). Species B-H lack this special technical feature, so the species lack unity.
Additionally, the applicant argues that there is not a search burden for the species, which is not relevant to Unity of Invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-8, and 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups and Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/09/26.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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.
Claims 1-5, 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20220126705 A1, HE.
Regarding claim 1, HE teaches a battery module (200 “battery pack”) comprising: a cell assembly (3 “cell array”) comprising at least one battery cell (100); and a module frame (components of 200 excluding 100) comprising a plurality of unit frames (201-204, 207-210) that are inserted and coupled to each other (see Fig. 12), an inner space (300, “cavity”) in which the cell assembly is accommodated (see Fig. 12), and a venting channel (path created by holes 211 in both 207/208 and 201/202, see [0206]) provided in an overlapping portion (207/208 and 201/202 overlap completely see Fig. 12) of the plurality of unit frames.
Regarding claim 2, HE teaches each of the plurality of unit frames comprises a center plate (209/210, 203/204), and an end plate (207/208, 201/202) bent at each end of the center plate (see Fig. 12, once assembled 207/208 will be located at each end of 209/210 and 201/202 will be located on each end of 203/204).
Regarding claim 3, HE teaches the plurality of unit frames comprise a first frame (207-210, taken together), and a second frame (201-204 taken together), the center plate (203 or 204) of the second frame having a width greater than a width of the center plate (209 or 210) of the first frame. It can be shown that the width of the second plate is greater than that of the first plate because the first plate fits into a space defined by the second plate and therefore must be smaller.
Regarding claim 4, HE teaches the places where the end plates of the first frame and the center plates of the first frame meet, in other words the corners of the first frame, are located right next to the center plates of second frame (see Fig. 12 for exploded view). This means that at least a part of the end plates provided in the first frame contacts the center plate of the second frame.
Regarding claim 5, HE teaches an end (either end of 201/202) of the end plates of the second frame extends to the center plate of the first frame (see Fig. 12).
Regarding claim 9, HE teaches at both of the plurality of unit frames comprise an opening (221) formed in the end plates.
Regarding claim 10, HE teaches the first unit frame comprises an uneven structure (221 is set of holes which are uneven when compared to the rest of the surface of 207/208, see Fig. 14) formed at an end (the positive Z axis end of 207/208, see Fig. 12 for axis) of the end plates to form the opening.
Regarding claim 11, HE teaches two end plates located at the overlapping portion comprise an inlet (221 on 207/208 is the inlet for vent gas [0206-207]) and an outlet (222, vent gas leaves through this channel [0206-207]) of the venting channel at opposite ends of the venting channel (Fig. 10 displays this path best in a different embodiment than has been referenced thus far. [0206] states that the difference in the embodiment in Figs. 12 and 14 is that the holes are formed in both 207/208 and 201/202, and that the rest is the same).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20160248058 A1 teaches a battery pack with a similar two frame structure to that of the instant. The geometry of the vent in this document is substantially similar to that of the instant with key differences in the length of bent portions of the upper frame and the geometry of the lower end of the bent portions. This art is not relied upon because of those key differences.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUISE JAMES IANNUCCI whose telephone number is (571)272-6917. The examiner can normally be reached 7:00 A.M. - 5:00 P.M..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LOUISE JAMES IANNUCCI/ Examiner, Art Unit 1721
/ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights