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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 contains new matter because the original specification of the instant application fails to reasonably convey that the sectioned membrane is configured to “plastically deform”. The original specification fails to support the entire scope of plastic deformation. On [0047] of the original specification states the sectioned membrane 48 may locally break away when the battery cell(s) experiences a thermal event. One way to overcome this rejection is to change “plastically deform” to --locally break away--.
Claim 23 contains new matter because the original specification of the instant application fails to reasonably convey the thermal barrier is “non-metallic”. The original specification does not recite the thermal barrier is “non-metallic”. One way to overcome this rejection is to delete “non-metallic”.
Allowable Subject Matter
Claims 1-11, 13-14, 16, 18, 20, 22, and 24 are allowed.
The following is an examiner’s statement of reasons for allowance:
For claim 1, the prior art of record fails to render obvious a traction battery pack comprising a first cross-member beam that supports a first cell stack by holding a first plurality of battery cells; a second cross-member beam that supports a second cell stack by holding a second plurality of battery cells; a venting passageway disposed between the first cross-member beam and the second cross member bead; and a thermal barrier arranged within the venting passageway.
For claim 10, the prior art of record fails to render obvious a traction battery pack comprising “a venting passageway disposed between the first cross-member beam and the second cross-member beam; a thermal barrier arranged within the venting passageway; wherein the thermal barrier includes a thermally resistant material; and wherein the thermally resistant material includes mica, aerogel materials, or refractory ceramic fibers” and having all of the remaining limitations recited in claim 10.
For claim 13, the prior art of record fails to render obvious a traction battery pack comprising “a sectioned membrane positioned to cover a vent opening of the first cross-member beam or the second cross-member beam” in combination with the remaining claimed subject matter of claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KENDRA LY whose telephone number is (571)270-7060. The examiner can normally be reached Monday-Friday, 8:00-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn B Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENDRA LY/Primary Examiner, Art Unit 1749
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