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 § 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) 1, 7-9, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCAGLIRARINI US-9428304-B2, and further in view of RHEE US-20210280937-A1.
Regarding claim 1, SCAGLIRARINI teaches:
A structure for preventing battery thermal runaway, comprising:
an outer plate (19) and an inner plate (4),
at least one of the outer plate and the inner plate is integrally or separately provided with a concave portion (see FIG. 1, Annotated),
the inner plate (4) and the outer plate (19) form an accommodating space (see FIG. 1, Annotated) in the concave portion
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SCAGLIRARINI, FIG. 1, Annotated
…
and the inner plate (4) is provided with an inner hole (6), and there is at least one inner hole (the Examiner notes that it is inherent that if there is the inclusion of an inner hole, there must be 1 or more inner holes),
the accommodating space (see FIG. 1, Annotated) is provided with an exhaust channel (50), and there is at least one exhaust channel (the Examiner notes that it is inherent that if there is the inclusion of an exhaust channel, there must be 1 or more exhaust channels),
and the exhaust channel (50) is in communication with the inner hole (6) (the Examiner notes the FIG. 1 depicts the exhaust channel in communication with the inner hole through the accommodation space);
and a turnover sealing apparatus (the Examiner notes that the turnover sealing apparatus is defined as including a sealing ring 60 and turnover sheet 20, as supported by the instant disclosure in [0048]),
which comprises a sealing ring (60) and a turnover sheet (20),
the sealing ring (60) is located between the turnover sheet (20) and the inner plate (4),
the turnover sheet (20) corresponds to the inner hole (6),
the turnover sheet (20) at least partially abuts against the sealing ring (60),
the sealing ring seals the exhaust channel in a normal state (Column 4, lines 19-24; "protrusion 60 (for example, of triangular form) suited to cooperate with a flat extreme part ... this protrusion, when there is not any overpressure in the battery, acts as a seal element to prevent gas from bypassing the filter element 18 around the unit 20"),
and the turnover sheet turns over at a preset pressure and/or temperature (Column 3, lines 18-28; "In order to be protected against rupture provoked by an elevated pressure of the gas that moves in body 2 from the battery, this unit 20 has, within the hole 22, an arm or radial structure 23 whose arms 23A, 23B and 23C are connected at one extremity to a body 23D placed in the geometric center of the hole 22 and at the other extremity to the unit 20. Near such arms 23A, B, C is placed the filter element 18, turned towards the passage 6, in such a way that the pressure of the gas coming from the latter pushes this element towards the aforesaid arms that support it and avoid an excessive deformation that could split the element itself"),
to make the sealing ring (60) unseal the exhaust channel (Column 4, lines 19-24; "protrusion 60 (for example, of triangular form) suited to cooperate with a flat extreme part ... this protrusion, when there is not any overpressure in the battery, acts as a seal element to prevent gas from bypassing the filter element 18 around the unit 20". The Examiner notes that based on the above description of the referenced sealing ring, it is inherent that the referenced sealing ring unseals the exhaust channel at a preset temperature).
SCAGLIRARINI is silent on:
and the accommodating space accommodates a thermal runaway prevention material, and
the thermal runaway prevention material is released outwards from the accommodating space.
RHEE teaches:
and the accommodating space accommodates a thermal runaway prevention material ((0097), "accommodation member 220 accommodated in the hollow portion H and formed of a material for performing at least one of an extinguishing function, a heat absorption function, and a fire resistance function");
the thermal runaway prevention material is released outwards from the accommodating space (the Examiner notes that FIG. 9 of Rhee shows the direction of a flame as it passes through the accommodation space (interior of 213). Paragraph (0098) of Rhee provides support for the thermal runaway prevention material following the path of flame F after being exposed to the flame. Fig. 7/8 of Rhee show the flame traveling in a direction outwards from the accommodating space. Therefore, it is the Examiner's position that modified Scaglirarini teaches the thermal runaway prevention material is released outwards from the accommodating space, especially after exposed to a flame.
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 SCAGLIRARINI by accommodating a thermal runaway prevention material, as well as the associated release direction of the thermal runaway prevention material, as shown by RHEE. This modification would benefit the system in order to provide for performing at least one of an extinguishing function, a heat absorption function, and a fire resistance function in the structure for preventing battery thermal runaway.
Regarding claim 7, modified SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 1:
wherein a bottom surface of the outer plate (19) is provided with a groove (see FIG. 1),
the inner plate (4) is mounted in the groove for increasing a volume of the accommodating space,
an edge of the groove is provided with a step (see FIG. 1),
the step surrounds the groove,
and the inner plate is embedded in the step.
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SCAGLIRARINI, FIG. 1, Annotated
Regarding claim 8, modified SCAGLIRARINI teaches:
A battery housing (SCAGLIRARINI, Column 1, lines 15-18; “Containers are known in which are put moving parts, electrical parts in which an environment is present containing chemical Substances for electric power production (like batteries for a vehicle, land, water or flight-worthy)”),
which is a closed housing (The Examiner notes that SCAGLIRARINI implies the housing is closed, especially with respect to discussion of pressure, SCAGLIRARINI, Column 1, lines 19-23, “during use of the container itself, a gas under pressure is formed. In particular, such containers must be continuously and slowly ventilated, but they must also be vented quickly (in order to prevent an explosion) in case the internal pressure exceeds a predetermined safety limit value”.),
and the battery housing is provided with at least one structure for preventing battery thermal runaway according to claim 1.
Regarding claim 9, modified SCAGLIRARINI teaches a battery (SCAGLIRARINI, Column 1, Lines 24-30), comprising a cell (the Examiner notes that it is inherent that a battery will contain a cell) and the battery housing according to claim 8, and the cell is accommodated in the battery housing (as disclosed in claim 8).
Regarding claim 20, modified SCAGLIRARINI teaches the battery housing according to claim 8, wherein a bottom surface of the outer plate (19) is provided with a groove (see FIG. 1),
the inner plate (4) is mounted in the groove for increasing a volume of the accommodating space,
an edge of the groove is provided with a step (see FIG. 1),
the step surrounds the groove,
and the inner plate is embedded in the step.
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SCAGLIRARINI, FIG. 1, Annotated
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 1 above, and further in view of RHEE US-20210280937-A1.
Regarding claim 2, SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 1,
wherein the outer plate (19) is provided with an outer hole (31)
corresponding to the inner hole (6; the Examiner notes that the outer hole 31 corresponds to the inner hole 6 through cavity 5),
and the turnover sheet (20)
…
an abutting portion (31; the Examiner notes that the abutting portion 31 abuts against the sealing ring 60 in the normal state through turnover sheet 20 that connects to springs 30 which abuts the abutting portion 31) and a
welding portion (Column 3, lines 13-17; "the support unit 20 has, as said, a ring-shaped form and supports the element 18 that is fixed to this unit through comolding, ultrasonic welding, thermowelding or other. The element is placed near the hole 22 of the unit 20");
and the turnover sheet is welded to the outer plate (the Examiner notes that the turnover sheet 20 is welded to the outer plate 19 through springs 30; further see Column 4, lines 46-47, "the top 19 can be fixed to the body 2 in a permanent way (for example, by welding)")
by the welding portion (welding portion already defined above),
…
and releases the sealing ring when the turnover portion turns over (the Examiner notes that the sealing ring must be released to allow for unsealing of the exhaust, which occurs at the same time the turnover portion turns over).
SCAGLIRANI is silent on:
and the turnover sheet (SCAGLIRANI, 20) comprises a turnover portion,
the abutting portion abuts against the sealing ring in the normal state,
and releases the sealing ring when the turnover portion turns over.
RHEE teaches:
and the turnover sheet (SCAGLIRANI, 20) comprises a turnover portion (RHEE, 214),
the abutting portion (212; part of turnover portion) abuts against the sealing ring (hinge in FIG. 8) in the normal state (The Examiner notes that the equivalent hinge (instead of sealing ring; both the hinge of RHEE and sealing ring of instant provide the purpose of sealing the opening) as shown in FIG. 8 abuts against abutting portion 212),
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and releases the sealing ring when the turnover portion turns over ((0096), ""when ... the internal space R is in a high-pressure environment, the opening/closing plate portion 214 may be rotated in a direction to open the entrance portion 212a").
The Examiner notes that it is inherent that the hinge of US 20210280937 must be released to allow the opening/closing plate portion 214 to be rotated in a direction to open the entrance portion 212a.
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 modified SCAGLIRARINI by inclusion of a turnover portion, as shown by RHEE. This modification would benefit the system by allowing for opening of an interior of the structure for preventing battery thermal runaway in a high pressure environment.
Claim(s) 12 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 1 above, and further in view of LEE US-20220355136-A1.
Modified SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 1, but is silent on wherein the outer plate or the inner plate is provided with an injection hole, and the injection hole is in communication with the accommodating space.
LEE teaches:
wherein the outer plate or the inner plate (216) is provided with an injection hole (H3),
and the injection hole (H3) is in communication with the accommodating space ((0079), "the fire extinguishing liquid (not shown) may be injected into the battery module 200 through an injection hole H3").
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 modified SCAGLIRARINI by inclusion of an injection hole in communication with the accommodating space, as shown by LEE. This modification would benefit the system by allowing for (LEE, (0079), "[a] fire extinguishing liquid (not shown) [to] be injected into the battery module through an injection hole").
Claim(s) 3 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 1 above, and further in view of JANG US-20100136374-A1.
Regarding claim 3, modified SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 2, but is silent on:
wherein a mounting structure is arranged on the inner plate,
the mounting structure is provided with a mounting groove,
and the sealing ring is embedded in the mounting groove.
JANG teaches:
wherein a mounting structure (JANG, 216) is arranged on the inner plate (212 b),
the mounting structure (216) is provided with a mounting groove (130; claim 4, "the mounting portion is disposed inside a groove"),
and the sealing ring (214) is embedded in the mounting groove (216).
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 modified SCAGLIRARINI by inclusion of a mounting structure arranged on the inner plate and provided with a mounting groove, as shown by JANG. This modification would benefit the system by allowing for a compact design ((0054), "Since the mounting portion 216 is compactly located in the groove 130 a, the secondary battery 10 can be miniaturized, as compared to a conventional battery").
Claim(s) 4-5 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 1 above, and further in view of JANG US-20100136374-A1.
Regarding claim 4, modified SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 3, the mounting structure of JANG, and the inner plate of SCAGLIRARINI, but is silent on wherein the mounting structure and the inner plate are molded in an integrated manner or a welded manner.
The Examiner notes that FIG. 4 of JANG shows the mounting structure (216) and an inner plate (212b) are molded in an integrated manner.
Therefore, it would have been obvious for one of ordinary skill in the art to modify the system of modified SCAGLIRARINI by integrally molding the inner plate of modified SCAGLIRARINI with the mounting groove of JANG. This modification would be obvious in light of the KSR rationale regarding “Making Integral”, see MPEP 2144.04, Section V, Subsection B.
Regarding claim 5, the structure for preventing battery thermal runaway according to claim 4, wherein a side of the mounting structure (JANG, 216) towards the outer plate (212a) is provided with a boss (the Examiner notes that FIG. 3 shows a boss), and the mounting groove (216) is arranged in a top surface of the boss (when looking at FIG. 4).
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FIG. 3 JANG Annotated
Claim(s) 13 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 8 above, and further in view of RHEE.
Regarding claim 13, modified SCAGLIRARINI teaches the battery housing according to claim 8, wherein the outer plate (19) is provided with an outer hole (31)
corresponding to the inner hole (6; the Examiner notes that the outer hole 31 corresponds to the inner hole 6 through cavity 5),
and the turnover sheet (20) …
an abutting portion (31; the Examiner notes that the abutting portion 31 abuts against the sealing ring 60 in the normal state through turnover sheet 20 that connects to springs 30 which abuts the abutting portion 31) and a
welding portion (Column 3, lines 13-17; "the support unit 20 has, as said, a ring-shaped form and supports the element 18 that is fixed to this unit through comolding, ultrasonic welding, thermowelding or other. The element is placed near the hole 22 of the unit 20");
and the turnover sheet is welded to the outer plate (the Examiner notes that the turnover sheet 20 is welded to the outer plate 19 through springs 30; further see Column 4, lines 46-47, "the top 19 can be fixed to the body 2 in a permanent way (for example, by welding)")
by the welding portion (welding portion already defined above),
…
and releases the sealing ring when the turnover portion turns over (the Examiner notes that the sealing ring must be released to allow for unsealing of the exhaust, which occurs at the same time the turnover portion turns over).
SCAGLIRANI is silent on:
and the turnover sheet (SCAGLIRANI, 20) comprises a turnover portion,
the abutting portion abuts against the sealing ring in the normal state,
and releases the sealing ring when the turnover portion turns over.
RHEE teaches:
and the turnover sheet (SCAGLIRANI, 20) comprises a turnover portion (RHEE, 214),
the abutting portion (212; part of turnover portion) abuts against the sealing ring (hinge in FIG. 8) in the normal state (The Examiner notes that the equivalent hinge (instead of sealing ring; both the hinge of RHEE and sealing ring of instant provide the purpose of sealing the opening) as shown in FIG. 8 abuts against abutting portion 212),
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and releases the sealing ring when the turnover portion turns over ((0096), ""when ... the internal space R is in a high-pressure environment, the opening/closing plate portion 214 may be rotated in a direction to open the entrance portion 212a").
The Examiner notes that it is inherent that the hinge of US 20210280937 must be released to allow the opening/closing plate portion 214 to be rotated in a direction to open the entrance portion 212a.
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 modified SCAGLIRARINI by inclusion of a turnover portion, as shown by RHEE. This modification would benefit the system by allowing for opening of an interior of the structure for preventing battery thermal runaway in a high pressure environment.
Claim(s) 14-16 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 13 above, and further in view of JANG.
Regarding claim 14, modified SCAGLIRARINI teaches the battery housing according to claim 13, but is silent on:
wherein a mounting structure is arranged on the inner plate,
the mounting structure is provided with a mounting groove,
and the sealing ring is embedded in the mounting groove.
JANG teaches:
wherein a mounting structure (JANG, 216) is arranged on the inner plate (212 b),
the mounting structure (216) is provided with a mounting groove (130; claim 4, "the mounting portion is disposed inside a groove"),
and the sealing ring (214) is embedded in the mounting groove (216).
Regarding claim 15, the battery housing according to claim 14, wherein the mounting structure and the inner plate are molded in an integrated manner or a welded manner.
The Examiner notes that FIG. 4 of JANG shows the mounting structure (216) and the inner plate (212b) are molded in an integrated manner.
Regarding claim 16, the battery housing according to claim 15, wherein a side of the mounting structure (JANG, 216) towards the outer plate (212a) is provided with a boss (the Examiner notes that FIG. 3 shows a boss), and the mounting groove (216) is arranged in a top surface of the boss (when looking at FIG. 4).
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FIG. 3 JANG, Annotated
Claim(s) 6, 10-11 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 3 above, and further in view of TEMPLEMAN US-20170054120-A1.
Regarding claim 6, modified SCAGLIRARINI teaches the structure for preventing battery thermal runaway according to claim 3, but is silent on:
wherein the mounting structure is provided with a plurality of jaws extending towards the outer plate,
and the plurality of jaws are connected to the outer plate in a snap manner;
and the exhaust channel is formed between two adjacent jaws of the plurality of jaws.
TEMPLEMAN teaches:
wherein the mounting structure (16) is provided with a plurality of jaws extending towards the outer plate ((0030), “It will be understood that the above-described components may be fastened via ... any other suitable fastener, connector, or mounting system so long as ... isolate the battery 12 from the vehicle mounting plate 16 such that the shock absorbing elements 36 dampen shocks and/or vibrations and/or prevent them from reaching the battery 12. For example, the following fasteners and/or securing mechanisms may be used: ... flip clamps"),
and the plurality of jaws are connected to the outer plate in a snap manner;
The Examiner notes that flip clamps are a plurality of jaws that connect in a snap manner.
and the exhaust channel is formed between two adjacent jaws of the plurality of jaws.
The Examiner notes that there is nothing preventing the exhaust channel (SCAGLIRARINI, 50) of SCAGLIRARINI from being formed between two adjacent jaws of the jaws of TEMPLEMAN.
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 modified SCAGLIRARINI by providing a plurality of jaws extending towards the outer plate, as shown by TEMPLEMAN. This modification would benefit the system by securing the battery and therefore reducing shocks or vibrations from reaching the battery (TEMPLEMAN, (0030), “isolate the battery 12 from the vehicle mounting plate 16 such that the shock absorbing elements 36 dampen shocks and/or vibrations and/or prevent them from reaching the battery 12. For example, the following fasteners and/or securing mechanisms may be used: ... flip clamps [jaws]").
Regarding claim 10, the structure for preventing battery thermal runaway according to claim 6, wherein a side of the mounting structure (16) is further provided with a plurality of notches (see FIG. 3) for releasing the thermal runaway prevention material (the Examiner notes that there is nothing preventing the notches from releasing the thermal runaway prevention material of RHEE. Furthermore, the Examiner notes that the notches cited in FIG. 3 of TEMPLEMAN appear similar to the notches 62 in FIG. 6 of the instant disclosure).
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FIG. 3 of TEMPLEMAN, Annotated
Regarding claim 11, the structure for preventing battery thermal runaway according to claim 6, wherein a bottom surface of the outer plate (TEMPLEMAN, 16) is provided with a plurality of recesses (FIG. 3, 56),
The Examiner notes that objects 56 are fastener holes. However, there is nothing preventing the faster holes 56 to be used as recesses according to Merriam-Webster’s definition of recess (“indentation”)
and the plurality of jaws and the plurality of recesses (56) fit with each other in a concave-convex manner.
The Examiner notes that it would therefore be obvious to one of ordinary skill in the art at the time of filing to modify the invention of modified SCAGLIRARINI by inclusion of jaws (as aforementioned in the disclosure of TEMPLEMAN) which secure the battery through the recesses (TEMPLEMAN, 56). This modification is especially obvious to one of ordinary skill in the art at the time of filing as TEMPLEMAN discloses the recesses 56 as “faster holes” intended for fastening/securing the battery. In this instance, the plurality of jaws and the plurality of recesses inherently fit with each other in a concave or convex manner to enable fastening/securement.
Claim(s) 17-19 is/are rejected under 35 U.S. Code § 103 as being unpatentable over modified SCAGLIRARINI as applied to claim 14 above, and further in view of TEMPLEMAN US-20170054120-A1.
Regarding claim 17, modified SCAGLIRARINI teaches the battery housing according to claim 14, but is silent on:
wherein the mounting structure is provided with a plurality of jaws extending towards the outer plate,
and the plurality of jaws are connected to the outer plate in a snap manner;
and the exhaust channel is formed between two adjacent jaws of the plurality of jaws.
TEMPLEMAN teaches:
wherein the mounting structure (16) is provided with a plurality of jaws extending towards the outer plate ((0030), “It will be understood that the above-described components may be fastened via ... any other suitable fastener, connector, or mounting system so long as ... isolate the battery 12 from the vehicle mounting plate 16 such that the shock absorbing elements 36 dampen shocks and/or vibrations and/or prevent them from reaching the battery 12. For example, the following fasteners and/or securing mechanisms may be used: ... flip clamps"),
and the plurality of jaws are connected to the outer plate in a snap manner (The Examiner notes that flip clamps are a plurality of jaws that connect in a snap manner).
and the exhaust channel is formed between two adjacent jaws of the plurality of jaws (The Examiner notes that there is nothing preventing the exhaust channel (SCAGLIRARINI, 50) of SCAGLIRARINI from being formed between two adjacent jaws of the jaws of TEMPLEMAN).
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 modified SCAGLIRARINI by providing a plurality of jaws extending towards the outer plate, as shown by TEMPLEMAN. This modification would benefit the system by securing the battery and therefore reducing shocks or vibrations from reaching the battery (TEMPLEMAN, (0030), “isolate the battery 12 from the vehicle mounting plate 16 such that the shock absorbing elements 36 dampen shocks and/or vibrations and/or prevent them from reaching the battery 12. For example, the following fasteners and/or securing mechanisms may be used: ... flip clamps [jaws]").
Regarding claim 18, the structure for preventing battery thermal runaway according to claim 6, wherein a side of the mounting structure (16) is further provided with a plurality of notches (see FIG. 3) for releasing the thermal runaway prevention material (the Examiner notes that there is nothing preventing the notches from releasing the thermal runaway prevention material of RHEE. Furthermore, the Examiner notes that the notches cited in FIG. 3 of TEMPLEMAN appear similar to the notches 62 in FIG. 6 of the instant disclosure).
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FIG. 3 of TEMPLEMAN, Annotated
Regarding claim 19, the structure for preventing battery thermal runaway according to claim 6, wherein a bottom surface of the outer plate (TEMPLEMAN, 16) is provided with a plurality of recesses (FIG. 3, 56),
The Examiner notes that objects 56 are fastener holes. However, there is nothing preventing the faster holes 56 to be used as recesses according to Merriam-Webster’s definition of recess (“indentation”)
and the plurality of jaws and the plurality of recesses (56) fit with each other in a concave-convex manner.
The Examiner notes that it would therefore be obvious to one of ordinary skill in the art at the time of filing to modify the invention of modified SCAGLIRARINI by inclusion of jaws (as aforementioned in the disclosure of TEMPLEMAN) which secure the battery through the recesses (TEMPLEMAN, 56). This modification is especially obvious to one of ordinary skill in the art at the time of filing as TEMPLEMAN discloses the recesses 56 as “faster holes” intended for fastening/securing the battery. In this instance, the plurality of jaws and the plurality of recesses inherently fit with each other in a concave or convex manner to enable fastening/securement.
Response to Amendment
The amendment filed August 25, 2026 has been entered. Claims 1-20 remain pending in the application.
Response to Arguments
Applicant's arguments filed August 25, 2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments in claim 1 that Scaglirarini does not teach the newly amended claim limitation that thermal runaway prevention material is released outwards from the accommodating space (Page 8, Paragraph 1 – Page. 10 Paragraph 1), the Examiner notes that the newly amended claim limitation has been addressed in the amended claim rejection of claim 1 found in this office action.
Regarding applicant’s arguments in claim 1 that Scaglirarini does not share same technical intended use as present invention (Page 8, Paragraph 1 – Page. 10 Paragraph 1), the Examiner notes that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Furthermore, the Examiner notes that Applicant’s additional arguments as outlined in Page 8, Paragraph 1 – Page. 10 Paragraph 1 do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Regarding applicant’s arguments in claim 1 that Scaglirarini does not teach the same explosion-proof valve as the instant disclosure (Page 10, Paragraph 2), the Examiner notes that the features upon which applicant relies (i.e., an explosion-proof valve) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding applicant’s arguments that Scaglirarini does not teach the turnover sealing structure accommodating thermal runaway prevention material or a structure for accommodating the thermal runaway prevention material (Page 10, Paragraph 3 – Page 11, Paragraph 1), the Examiner notes that Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
However, should the Applicant consider a structure for accommodating the thermal runaway prevention material be an inventive step in the art, the Applicant is encouraged to submit amended claims and arguments precisely explaining the details of the novel structure that allows for accommodation of the thermal runaway prevention material. Applicant is further encouraged to explain aspects of the novel limitation that are an improvement over aspects of the prior art at the effective time of filing of the present disclosure. This will allow the Examiner to perform a comprehensive updated search that may help to advance prosecution.
Regarding applicant’s arguments in claim 1 that there would be no motivation to combine Rhee with Scaglirarini since Rhee and Scaglirarini have different structures (Page 11, Paragraph 2), the Examiner notes that Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that does not specifically point out how the structure of Rhee varies from the structure of Scaglirarini. Applicant is encouraged to specifically describe the specific structure of Scaglirarini and Rhee, and describe aspects which would lack motivation to combine.
The Examiner notes the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
However, as noted above, the Applicant may be able to overcome this response to argument by describing the specific structure of Scaglirarini and Rhee, and describe aspects which would lack suggestion, and possibly be incompatible, to combine.
Regarding applicants arguments that claims 2-20 are allowable since they depend on claim 1, which Applicant argues is allowable, the Examiner notes that the arguments are not persuasive since the arguments the Applicant relies on in claim 1 were found to be not persuasive above.
Conclusion
Additional prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Wang US-20180166675-A1 (Fig. 6), Li US-20190067649-A1 (Fig. 3), Qin US-20190288256-A1 (Fig. 6).
The Examiner has indicated potential suggestions in their response to arguments that may help to advance prosecution. The Applicant is encouraged to review such suggestions and afford them consideration. If the applicant decides to consider such suggestions and wishes to discuss implementation of the suggestions to advance prosecution, the Examiner encourages the Applicant to request an interview using the contact information below or the Automated Interview Request form.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN M ABELSON whose telephone number is (571)272-9302. The examiner can normally be reached 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, 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.
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/E.M.A./Examiner, Art Unit 1721
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
