CTNF 18/287,134 CTNF 86213 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-6, 11-14, 18 and 21 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kondo (JP 2021-048113 A, cited by Applicant; see English machine translation) . Regarding claims 1, 2, 4, 5, 11, 12, 14 and 21 , Kondo teaches a battery pack 1 (module case; battery pack) comprising a plurality of battery modules 10 (cell assembly; battery modules) containing multiple battery cells 2, a cooler 3, and a smoke exhaust path 7 (vent) (see paragraph 12). The cooler 3 (cooler) extends below the battery cells 2 and is provided in contact with a partition wall 5 is configured to separate the space where the battery cells 2 are located (inner space) from the space where the battery cells 2 are not located. The partition wall 5 (outer surface of the module case; inner surface of the vent) has a weak point 5A (venting hole) that melts when exposed to heat or develops a hole when exposed to pressure (see paragraph 14). Gas discharged from the battery cells 2 flows through weak points 5A and the exhaust path 7 (see paragraph 15). At least a portion of the cooler 3 is located within the exhaust path 7 (provided in a path through which the venting gas flows; portion of the cooler is provided in the vent), which allows the heat of the gas discharged from the battery cells 2 to be cooled (see paragraph 18). Regarding claim 3 , FIG. 4 of Kondo illustrates that vertical walls of the exhaust path 7 are in contact with the partition wall 5 of the battery pack 1 (bent end of the vent is attached to an outer surface of the module case). Regarding claim 6 , FIGS. 2 and 4 of Kondo clearly illustrate that the cooler 3 has the form of a plurality of hollow conduits through which a cooling liquid may flow. Regarding claim 13 , it is well known in the art to utilize battery packs to provide power to electrical vehicles. Regarding claim 18 , insofar as a portion of the cooler 3 of Kondo is contained entirely within the exhaust path 7, it is understood that a width of the cooler 3 must be less than a width of the exhaust path 7 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 7, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo as applied to claims 1-6, 11-14, 18 and 21 above . Regarding claim 7 , although Kondo does not explicitly teach a bent portion of the cooling pipe, it has been held by the court that the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey , 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). Regarding claims 16 and 17 , although Kondo does not explicitly teach a first section, a second section, and a third section of the cooling pipe, it has been held by the court that the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey , 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). Regarding claims 19 , although Kondo does not explicitly teach a four sections of the cooling pipe connected to each other by U-shaped sections, it has been held by the court that the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey , 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). Claims 8-10, 15 and 20 are rejected as being unpatentable over Kondo as applied to claims 1-6, 11-14, 18 and 21 above, and further in view of Nakai et al. (hereinafter “Nakai”) (JP 2019-029245 A, cited by Applicant; see English machine translation). Regarding claims 8-10, 15 and 20 , Kondo is silent as a portion of the cooler configured to be ruptured by a venting gas. Nakai teaches an energy storage device comprising a plurality of energy storage elements 10, each having a case 13 equipped with a gas discharge valve 1321, and a pipeline section 6 capable of supplying a fire extinguishing agent (see paragraph 23). Each of the energy storage elements 10 may be a primary or secondary battery (see paragraph 24). The fire extinguishing agent may be water (see paragraph 49). The pipeline section 6 includes a heat-resistant tube 61 and a resin tube 62, wherein the resin tube 62 is placed inside the heat-resistant tube 61 (see paragraph 45). The heat-resistant tube 61 has multiple through holes 611A provided in the tube wall which exposes the resin 62 to an outside (see paragraph 46). Thus, in the event of a fire, the resin tube 62 may be melted or softened and a hole is formed in a part of it, allowing the fire extinguishing agent to be efficiently supplied from the through-hole 611A (see paragraph 50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have adapted the pipeline structure of Nakai to the cooler of Kondo in order to allow the release of a fire extinguishing agent in the event of a fire. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm. 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, Barbara Gilliam can be reached at (571) 272-1330. 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. /STEPHAN J ESSEX/Primary Examiner, Art Unit 1727 Application/Control Number: 18/287,134 Page 2 Art Unit: 1727 Application/Control Number: 18/287,134 Page 3 Art Unit: 1727 Application/Control Number: 18/287,134 Page 4 Art Unit: 1727 Application/Control Number: 18/287,134 Page 5 Art Unit: 1727
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