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. Summary of Actions: Rejections: Claim 3 (112) Claims FILLIN "Enter in claims being rejected" \* MERGEFORMAT 1-2, 10-11 (102) Claims FILLIN "Enter in claims being rejected" \* MERGEFORMAT 3-9, 12 (103) Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim FILLIN "Enter claim indentification information" \* MERGEFORMAT 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Because Claim 3 recites a method step (“ wherein gas or liquid is injected into the swelling sensor ”) , but is directed toward a product (“the battery module”) , the metes and bounds of Claim 3 are indefinite. The Examiner recommends amending Claim 3 to recite “wherein the battery module is configured to allow gas or liquid to be injected into the swelling sensor.” To allow for further prosecution of claim (s), claim FILLIN "Enter in ONLY the claim(s) where assumptions were directly made." \* MERGEFORMAT 3 will be further interpreted herein and in subsequent office actions as reciting “wherein the battery module is configured to allow gas or liquid to be injected into the swelling sensor ” until applicant provides a clear, concise, and sufficient clarification of the aforenoted indefinite element(s) in a subsequent official correspondence to this O ffice. 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) FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 1-2 , 10-11 is/are rejected under 35 U.S.C. 102 (a)(1) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by FILLIN "Insert the prior art relied upon." \d "[ 4 ]" OSBORNE US-20150380697-A1 . Regarding claim FILLIN "Enter in all claims being rejected with 102" \* MERGEFORMAT 1 , FILLIN "Enter in 102 reference" \* MERGEFORMAT OSBORNE discloses, according to all the features of claim 1, a battery module , comprising: a plurality of battery cells (( 0087 ) , "pouch cells 26" ), each battery cell having an electrode lead (34); a module case ( (0087), "housing 22" ) configured to receive the plurality of battery cells; an interconnect board (ICB) assembly ( (0123), "a printed circuit board 152 (PCB 152)" ) having a busbar ( (0088) "The tabs 34 may be, for example, (a) a metallic strap" ) electrically connected to the electrode leads of the plurality of battery cells; and a swelling sensor configured to sense swelling of the plurality of battery cells ( (0146), "the sensor 204 is triggered, for example bent due to the swelling of the cell 26" ) . Regarding claim 2, the battery module according to claim 1, wherein the plurality of battery cells are pouch-shaped battery cells ( Abstract, "The battery pack includes at least one pouch battery cell" ) . Regarding claim 10, a battery pack comprising the battery module according to claim 1 ( (0087), "battery pack 20" ). Regarding claim 11, a device comprising the battery pack according to claim 10 ( (0086), "the battery pack may be used with a cordless power tool" ) 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) FILLIN "Enter claim being rejected" \* MERGEFORMAT 3 is/are rejected under 35 U.S. Code § 1 03 as being unpatentable over FILLIN "Enter prior art used in prior claim" \* MERGEFORMAT OSBORNE as applied to claim FILLIN "Enter prior claim number" \* MERGEFORMAT 1 above, and further in view of FILLIN "Enter new art(s)" \* MERGEFORMAT KIM US-20120121942-A1 . FILLIN "Enter first reference" \* MERGEFORMAT OSBORNE teaches FILLIN "Enter what primary reference teaches" \* MERGEFORMAT the battery module according to claim 2 , but is silent on FILLIN "Enter content being combined from new Ref. 2" \* MERGEFORMAT wherein gas or liquid is injected into the swelling sensor. FILLIN "Enter new Ref. 2" \* MERGEFORMAT KIM teaches FILLIN "Enter new material being combined from Ref. 2 (should be same as [3] \\* MERGEFORMAT" wherein gas or liquid is injected into the swelling sensor ( [0048], "a leakage of the electrolyte may be promptly detected by disposing a gas sensor at a location vulnerable to the leakage of the electrolyte, e.g., on an electrolyte injection unit" , See F IG. 1, [0066] "The gas sensor 180 may be disposed adjacent to the electrolyte injection unit 131", ) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of FILLIN "Enter prior art reference 1" \* MERGEFORMAT OSBORNE by FILLIN "Describe the modification" \* MERGEFORMAT wherein gas or liquid is injected into the swelling sensor , as FILLIN "Select suggested or shown" \* MERGEFORMAT shown by FILLIN "Enter new Ref. 2." \* MERGEFORMAT KIM . This modification would benefit the system by FILLIN "Describe how modification would benefit system/motivation" \* MERGEFORMAT promptly detecting "a leakage of the electrolyte". Claim(s) FILLIN "Enter claim being rejected" \* MERGEFORMAT 4 -6 is/are rejected under 35 U.S. Code § 1 03 as being unpatentable over FILLIN "Enter prior art used in prior claim" \* MERGEFORMAT modified OSBORNE as applied to claim FILLIN "Enter prior claim number" \* MERGEFORMAT 3 above, and further in view of FILLIN "Enter new art(s)" \* MERGEFORMAT THURMEIER US-20210336298-A1 . FILLIN "Enter first reference" \* MERGEFORMAT M odified OSBORNE teaches FILLIN "Enter what primary reference teaches" \* MERGEFORMAT the battery module according to claim 3 … and an injection portion configured to allow injection of the gas or liquid into the swelling sensor , but is silent on FILLIN "Enter content being combined from new Ref. 2" \* MERGEFORMAT wherein the swelling sensor comprises: a plurality of sensing pockets; a connection portion configured to connect the plurality of sensing pockets to each other; . THURMEIER teaches FILLIN "Enter new material being combined from Ref. 2 (should be same as [3] \\* MERGEFORMAT" wherein the swelling sensor comprises: a plurality of sensing pockets; a connection portion configured to connect the plurality of sensing pockets to each other ( [0034] FIG. 4 shows a schematic illustration of a warning system for a motor vehicle, having multiple possible positionings of a pressure sensor in the region of a separating element as well as a connecting screw of a battery housing ) . The Examiner further notes that modified OSBORNE teaches the concept of sensing pockets by describing sensors (OSBORNE, 204) configured to allow for and detect the injection of the gas or liquid into the swelling sensor (KIM). This concept of a sensing pocket is supported by the applicant’s disclosure ((0066) “ The gas pocket 410 of the swelling sensing means 400 … whereby gas or liquid in the sensing pocket moves. The movement of the gas or the liquid is sensed by the sensor connected to the injection portion 430, whereby it is possible to sense that swelling occurs in the battery module. ”) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of FILLIN "Enter prior art reference 1" \* MERGEFORMAT modified OSBORNE by FILLIN "Describe the modification" \* MERGEFORMAT wherein the swelling sensor comprises: a plurality of sensing pockets; a connection portion configured to connect the plurality of sensing pockets to each other , as FILLIN "Select suggested or shown" \* MERGEFORMAT suggested by FILLIN "Enter new Ref. 2." \* MERGEFORMAT THURMEIER . This modification would benefit the system by FILLIN "Describe how modification would benefit system/motivation" \* MERGEFORMAT THURMIER, Abstract, detecting "a change in pressure in the pressure in the cavity" . Regarding claim 5, t he battery module according to claim 4, wherein the plurality of sensing pockets is located in spaces between the ICB assembly and the plurality of battery cells. The Examiner notes that OSBORNE, Figure 45b shows sensing pocket 204 on pouch cells 26, with sensing pocket 204 in between PCB 152 and pouch cells 26 in Figure 29, bottom schematic. Regarding claim 6, t he battery module according to claim 4, wherein the plurality of sensing pockets, the connection portion, and the injection portion are integrally formed (OSBORNE, [0171], "sense wires/straps and power wires/straps may be mechanically and electrically connected to the cell tabs by a compression element integral to the cell cartridge holder 260. This would eliminate the need for welding or soldering the wires to the tabs ) . Claim(s) FILLIN "Enter claim being rejected" \* MERGEFORMAT 7 is/are rejected under 35 U.S. Code § 1 03 as being unpatentable over FILLIN "Enter prior art used in prior claim" \* MERGEFORMAT modified OSBORNE as applied to claim FILLIN "Enter prior claim number" \* MERGEFORMAT 4 above, and further in view of FILLIN "Enter new art(s)" \* MERGEFORMAT FREDRIKSSON US-20090053586-A1 . Modified FILLIN "Enter first reference" \* MERGEFORMAT OSBORNE teaches FILLIN "Enter what primary reference teaches" \* MERGEFORMAT the battery module according to claim 4 , but is silent on FILLIN "Enter content being combined from new Ref. 2" \* MERGEFORMAT wherein the swelling sensor is made of an elastic polymer material . FILLIN "Enter new Ref. 2" \* MERGEFORMAT FREDRIKSSON teaches wherein the swelling sensor is made of an elastic polymer material (( 0033 ), “ The sensor 10 in FIG. 1 comprises a rubber membrane 1, which could be a part of a hydrophobic barrier 2 that prevents intercellular electrolyte leakage ”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of FILLIN "Enter prior art reference 1" \* MERGEFORMAT modified OSBORNE by FILLIN "Describe the modification" \* MERGEFORMAT wherein the swelling sensor is made of an elastic polymer material , as FILLIN "Select suggested or shown" \* MERGEFORMAT shown by FILLIN "Enter new Ref. 2." \* MERGEFORMAT FREDRIKSSON . This modification would benefit the system by FILLIN "Describe how modification would benefit system/motivation" \* MERGEFORMAT preventing "intercellular electrolyte leakage". Claim(s) FILLIN "Enter claim being rejected" \* MERGEFORMAT 8 is/are rejected under 35 U.S. Code § 1 03 as being unpatentable over FILLIN "Enter prior art used in prior claim" \* MERGEFORMAT modified OSBORNE as applied to claim FILLIN "Enter prior claim number" \* MERGEFORMAT 7 above, and further in view of FILLIN "Enter new art(s)" \* MERGEFORMAT MINAKTA US-2019029979-A1 . FILLIN "Enter first reference" \* MERGEFORMAT M odified OSBORNE teaches FILLIN "Enter what primary reference teaches" \* MERGEFORMAT the battery module according to claim 7 , but is silent on wherein the polymer material is any one selected from the group consisting of natural rubber (NR), butadiene rubber (BR), styrene butadiene rubber (SBR), acrylonitrile butadiene rubber (NBR), hydrogenated nitrile butadiene rubber (H-NBR), chloroprene rubber (CR), ethylene propylene rubber (EPDM), isobutylene isoprene rubber (IIR), acrylic rubber (ANM/ACM), silicone rubber, fluoro rubber (FKM/FPM), and urethane rubber (AU/EU). . FILLIN "Enter new Ref. 2" \* MERGEFORMAT MINAKTA teaches FILLIN "Enter new material being combined from Ref. 2 (should be same as [3] \\* MERGEFORMAT" wherein the polymer material is any one selected from the group consisting of natural rubber (NR), butadiene rubber (BR), styrene butadiene rubber (SBR), acrylonitrile butadiene rubber (NBR), hydrogenated nitrile butadiene rubber (H-NBR), chloroprene rubber (CR), ethylene propylene rubber (EPDM), isobutylene isoprene rubber (IIR), acrylic rubber (ANM/ACM), silicone rubber, fluoro rubber (FKM/FPM), and urethane rubber (AU/EU) MINAKTA, [0041] discloses "e xamples of the thermoplastic elastomer include … a polyurethane-based thermoplastic elastomer, … a polybutadiene-based thermoplastic elastomer, … a fluororubber-based thermoplastic elastomer … polybutadiene rubber, styrene-butadiene rubber, polychloroprene rubber, nitrile rubber, and ethylene-propylene rubber, … polyurethane rubber, fluororubber, silicone rubber, and … natural rubbers. Among these, a thermosetting elastomer is preferable, and this is because settling of the magnetic elastomer accompanying the heat generation or overloading of the battery can be suppressed. Further, a polyurethane rubber (which may also be referred to as a polyurethane elastomer) or a silicone rubber (which may also be referred to as a silicone elastomer) is more preferable. ”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of FILLIN "Enter prior art reference 1" \* MERGEFORMAT modified OSBORNE by wherein the polymer material is any one selected from the group consisting of natural rubber (NR), butadiene rubber (BR), styrene butadiene rubber (SBR), acrylonitrile butadiene rubber (NBR), hydrogenated nitrile butadiene rubber (H-NBR), chloroprene rubber (CR), ethylene propylene rubber (EPDM), isobutylene isoprene rubber (IIR), acrylic rubber (ANM/ACM), silicone rubber, fluoro rubber (FKM/FPM), and urethane rubber (AU/EU) , as FILLIN "Select suggested or shown" \* MERGEFORMAT shown by FILLIN "Enter new Ref. 2." \* MERGEFORMAT MINAKTA . This modification would benefit the system by FILLIN "Describe how modification would benefit system/motivation" \* MERGEFORMAT "because settling of the .... elastomer accompanying the heat generation or overloading of the battery can be suppressed" . Claim(s) FILLIN "Enter claim being rejected" \* MERGEFORMAT 9, 12 is/are rejected under 35 U.S. Code § 1 03 as being unpatentable over FILLIN "Enter prior art used in prior claim" \* MERGEFORMAT modified OSBORNE as applied to claim FILLIN "Enter prior claim number" \* MERGEFORMAT 4 above . Regarding claim 9, modified OSBORNE teaches t he battery module according to claim 4, wherein the swelling sensor monitors change in internal pressure of the swelling sensor to sense swelling of the battery cell (THURMEIER, Abstract, "at least one pressure sensor is designed to detect a pressure change value that describes a change in pressure in the pressure in the cavity" ) . Regarding claim 12, modified OSBORNE teaches t he battery module according to claim 4, wherein each of the plurality of cells has a sealed portion, the electrode lead extending from the sealed portion, and wherein each of the plurality of sensing pockets is between the sealed portion of two of the plurality of battery cells. The Examiner notes that OSBORNE Figure 45b shows sealed pouch cells 26 stacked atop each other with sensing pockets 204 in between them. Figure 45b further shows tabs (leads) 34 extending from the sealed portion of the pouch cells 26 . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT EVAN M ABELSON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9302 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:30 AM - 5:00 PM U.S. EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Allison Bourke can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (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. /EVAN M ABELSON/ Examiner, Art Unit 1721 /SADIE WHITE/ Primary Examiner, Art Unit 1721