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 Status
Claims 1-9 and 11 are under examination.
Claims 10 and 12-15 are canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Maintained Double Patenting
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of copending Application No. 18/452,013 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the follow:
Claim 1 of the instant application claims a vehicle comprising: a battery pack including a housing and a plurality of battery cells positioned in the housing, the housing including at least one discharge vent configured to discharge gases generated by the battery cells from the housing; and a manifold attached to an exterior of the housing and configured for receipt of the gases generated by the battery cells from the at least one vent; wherein the manifold includes a plurality of cooling vents that are configured to permit-ambient air that is external to the manifold and housing to enter the manifold to intermix with the gases generated by the battery cells, and wherein a flow of gases generated by the battery cells through the manifold creates a pressure differential within the manifold that assists in drawing the air that is external to the manifold and housing into the manifold to intermix with, dilute, and cool the gases generated by the battery cells.
Claim 1 of the reference application claims a hybrid vehicle comprising: a battery pack including a plurality of batteries, the battery pack including a housing having a plurality of vents attached thereto for expelling battery exhaust gases; a manifold attached to the housing and configured for receipt of the battery exhaust gases expelled from the plurality of vents.
Claim 6 of the reference application that depends from claim 1 claims the manifold includes a plurality of cooling vents that are configured to permit ambient air to enter the manifold to intermix with the battery exhaust gases.
Therefore, both the instant application and the reference application claim a vehicle comprising: a battery pack including a housing and a plurality of battery cells positioned in the housing, the housing including at least one discharge vent configured to discharge gases generated by the battery cells from the housing; and a manifold attached to an exterior of the housing and configured for receipt of the gases generated by the battery cells from the at least one vent; wherein the manifold includes a plurality of cooling vents that are configured to permit-ambient air that is external to the manifold and housing to enter the manifold to intermix with the gases generated by the battery cells.
Although the reference application is silent as to a flow of gases generated by the battery cells through the manifold creates a pressure differential within the manifold that assists in drawing the air that is external to the manifold and housing into the manifold to intermix with, dilute, and cool the gases generated by the battery cells, since the instant applicant and reference application disclose identical and/or substantially identical features, properties and/or functions such as the manifold creates a pressure differential within the manifold that assists in drawing the air that is external to the manifold and housing into the manifold to intermix with, dilute, and cool the gases generated by the battery cells (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), lacking any further structural distinction thereof.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Withdrawn Claim Rejections - 35 USC § 112
The amendment(s) to the claim(s) filed June 24th, 2026 is acknowledged and the previous rejection is withdrawn.
Claim Rejections - 35 USC § 102
Claims 1, 5-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itoi et al. (U.S. PGPub US 2015/0140369 A1), hereinafter Itoi.
Regarding claim 1, Itoi discloses a vehicle comprising: a battery pack including a housing and a plurality of battery cells positioned in the housing (i.e., at least battery module ref. 200 as disclosed in [0050]-[0051] and as illustrated in Fig. 2, a plurality of cells ref. 100 are arranged, and housed in a case ref. 20, etc., also see [0052], etc.),
the housing including at least one discharge vent configured to discharge gases generated by the battery cells from the housing (i.e., at least as disclosed in [0054] exhaust duct thus configured allows a gas from the vents ref. 8a of the cells ref. 100 to be released outside the case ref. 20 through a release outlet ref. 22 provided in the case ref. 20, etc., also see [0052], Fig. 2, Fig. 6, Figs. 20-21, etc.); and
a manifold attached to an exterior of the housing and configured for receipt of the gases generated by the battery cells from the at least one vent (i.e., at least first/second exhaust ducts refs. 65 and 67 as disclosed in [0119]-[0123], and as shown in at least Figs. 23a-b, lacking any further distinction thereof, also see Figs. 20-22, 23a-b, 24-25)
wherein the manifold includes a plurality of cooling vents that are configured to permit air that is external to the manifold and housing to enter the manifold to intermix with the gases generated by the battery cells (i.e., at least as shown in Annotated Fig. 25, lacking any further distinction thereof, also see [0119]-[0123], and Figs. 20-22, 23a-b, 24-25, [0114]-[0118]).
Since discloses the manifold with plurality of vents as discussed above, and further discloses in [0116] gas from the vents ref. 8a of the cells ref. 100 is released to the outside, etc., and further discloses in [0118] apertures ref. 66a communicate with respective release outlets, etc., so that a temperature decrease due to adiabatic expansion of a gas released, etc., this at least provides said vents are cooling vents so as to, etc., and lacking any further structural distinction thereof.
Furthermore, since Itoi discloses the manifold with plurality of vents as discussed above, which as an identical and/or substantially identical product to that claimed, properties and/or functions such as cooling are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), and lacking any further structural distinction thereof.
Since discloses the manifold with plurality of vents as discussed above, and further discloses in [0116] gas from the vents ref. 8a of the cells ref. 100 is released to the outside, etc., and further discloses in [0118] apertures ref. 66a communicate with respective release outlets, etc., so that a temperature decrease due to adiabatic expansion of a gas released, etc., this at least provides said vents are configured to permit air that is external to the manifold and housing to enter the manifold to intermix with the gases generated by the battery cells, such that the skilled artisan would appreciate that the battery pack at least possesses air above the cells, and such that said environment within the pack and/or outside the battery cell at least allows said air so as to allow venting of said battery cells, etc., lacking any further structural distinction thereof.
Furthermore, since Itoi discloses the manifold with plurality of vents as discussed above, which as an identical and/or substantially identical product to that claimed, properties and/or functions such as configured to permit air that is external to the manifold and housing to enter the manifold to intermix with the gases generated by the battery cells are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), and lacking any further structural distinction thereof.
Since Itoi discloses the battery cells and manifold, etc., as discussed above, and further discloses in [0116] gas from the vents ref. 8a of the cells ref. 100 is released to the outside, etc., and further discloses in [0118] apertures ref. 66a communicate with respective release outlets, etc., so that a temperature decrease due to adiabatic expansion of a gas released, etc., the skilled artisan would appreciate that a flow of gases generated by the battery cells through the manifold would at least create a pressure differential within the manifold that assists in drawing the air that is external to the manifold and housing into the manifold to intermix with, dilute, and cool the gases generated by the battery cells.
Furthermore, since Ito discloses the battery cells and manifold, etc., as discussed above, which is an identical and/or substantially identical product as that claimed, properties and/or functions such as a flow of gases generated by the battery cells through the manifold creates a pressure differential within the manifold that assists in drawing the air that is external to the manifold and housing into the manifold to intermix with, dilute, and cool the gases generated by the battery cells, are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), lacking any further structural distinction thereof.
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Annotated Figure 25 (Itoi)
Regarding claim 5, Itoi discloses the vehicle as discussed above in claim 1. Itoi further discloses the manifold includes a deflector in communication with the at least one discharge vent (i.e., at least as shown in Annotated Fig. 25 above in claim 1, whereby as disclosed in [0116] gas from the vents ref. 8a of the cells ref. 100 is released to the outside, etc., and further discloses in [0118] apertures ref. 66a communicate with respective release outlets, etc., so that a temperature decrease due to adiabatic expansion of a gas released, etc.), and
a conduit in communication with the deflector (i.e., at least at least as shown in Annotated Fig. 25 above in claim 1, whereby as disclosed in [0119]-[0123] the second exhaust duct ref. 67 has a plurality of apertures ref. 68a communicating with the release outlet ref. 66b of each of the first exhaust ducts ref. 65, etc., also see ).
Regarding claim 6, Itoi discloses the vehicle as discussed above in claim 5. Itoi further discloses each of the deflector and the conduit include the cooling vents (i.e., at least as shown in Annotated Fig. 25 above in claim 1).
Regarding claim 7, Itoi discloses the vehicle as discussed above in claim 5. Itoi further discloses the deflector includes a primary panel having an outer surface that faces away from battery pack (i.e., at least as shown in Annotated Figs. 23a-b),
an opposite inner surface that faces battery pack (i.e., at least as shown in Annotated Figs. 23a-b),
a side surface that travels about a perimeter of the primary panel and connects the primary panel to an outwardly extending flange that is configured to mate with an exterior surface of the housing (i.e., at least as shown in Annotated Figs. 23a-b).
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Annotated Figures 23a-b (Itoi)
Regarding claim 8, Itoi discloses the vehicle as discussed above in claim 7. Itoi further discloses the cooling vents are formed in each of the primary panel and side surface (i.e., at least as shown in Annotated Fig. 21 and Annotated Figs. 23a-b above in claim 7).
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Annotated Figure 21 (Itoi)
Regarding claim 9, Itoi discloses the vehicle as discussed above in claim 7. Itoi further discloses the cooling vents formed in the primary panel are positioned in a pattern (i.e., at least as disclosed in Annotated Fig. 21 above in claim 8, also see Fig. 25, etc.).
Regarding claim 11, Itoi discloses the vehicle as discussed above in claim 5. Itoi further discloses the deflector includes a plurality of flow directing features (i.e., at least as shown in Annotated Fig. 21 above in claim 8), such that the skilled artisan would appreciate that said ref. 65 at least provides features (e.g., walls, apertures, etc.) so that gas is guided as shown in Fig. 21 with the arrows to ref. 66b, etc., and lacking any further distinction thereof as to said flow directing features.
Since Itoi discloses said deflector and plurality of flow directing features as discussed above, properties and/or functions such as configured to create a turbulent flow within the manifold are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), lacking any further structural distinction thereof.
Claim Rejections - 35 USC § 103
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Itoi as applied to claim 1 above, and further in view of Feltham et al. (U.S. PGPub US 2022/0416359 A1), hereinafter Feltham.
Regarding claim 2, Itoi discloses the vehicle as discussed above in claim 1. Itoi further discloses the cooling vents as discussed above in claim 1. Itoi further discloses the cooling vents each include an aperture (i.e., at least as disclosed in [0116] aperture(s) refs. 66a, etc., and as disclosed in [0121] apertures ref. 68a, etc., also see Fig. 25), and lacking any further distinction thereof (also see [0163]).
Furthermore, since Itoi discloses the plurality of vents in said manifold as discussed above, and further discloses in [0116] gas from the vents ref. 8a of the cells ref. 100 is released to the outside, etc., and further discloses in [0118] apertures ref. 66a communicate with respective release outlets, etc., so that a temperature decrease due to adiabatic expansion of a gas released, etc., this at least provides the aperture configured to permit the air that is external to the manifold and housing to enter the manifold, lacking any further distinction thereof.
Furthermore, since Itoi discloses the cooling vents that each include an aperture as discussed above, which is an identical and/or substantially identical product as that discloses, properties and/or functions such as configured to permit the air that is external to the manifold and housing to enter the manifold are presumed inherent (MPEP 2112.01, I.), lacking any further distinction thereof.
However, Itoi is silent as to a fluid deflecting tab. Furthermore, Itoi is silent as to the fluid deflecting tab configured to deflect the gases generated by the battery cells in the manifold to intermix with the air.
Feltham teaches a directional venting cover for a battery system (Title). Feltham further teaches a fluid deflecting tab (i.e., at least as shown in Fig. 10, also see Figs. 3-4, 6-9), (also see [0014]-[0015], [0041]-[0042], [0049]).
Feltham further teaches in [0029] it may be desired to route venting air and/or gas to vent ports ref. 110 and ref. 111 in enclosure ref. 120 to prevent undesired temperature rises in components of battery system ref. 100 due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules refs. 101-108 may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction, etc., which at least provides said fluid deflecting tab configured to deflect the gases generated by the battery cells, etc.
Furthermore, since Feltham discloses the fluid deflecting tab(s) as discussed above, which is an identical and/or substantially identical product as that discloses, properties and/or functions such as configured to deflect the gases generated by the battery cells are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified with the teachings of Itoi with teachings of Feltham, whereby the cooling vents including the aperture as disclosed by Itoi further includes the fluid deflecting tabs as taught by Feltham so as to prevent undesired temperature rises in components of battery system due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction.
Furthermore, since the combined teachings of Itoi and Feltham discloses manifold and the fluid deflecting tab(s) as discussed above, which is an identical and/or substantially identical product as that discloses, properties and/or functions such as configured to deflect the gases generated by the battery cells in the manifold to intermix with the air are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).), lacking any further distinction thereof.
Regarding claim 3, Itoi discloses the vehicle as discussed above in claim 2, Itoi further discloses the manifold include a primary panel and a side surface (at least as shown in Annotated Figs. 23a-b above in claim 7).
However, Itoi is silent as to the fluid deflecting tabs are angled relative to the primary panel and the side surface in a range of 15 to 45 degrees.
The combined teachings of Itoi and Feltham disclose the fluid deflecting tabs as discussed above in claim 2. Feltham further teaches in [0003] the plurality of openings and/or features may direct the gas in a second predetermined direction, such as normal, perpendicular to, and/or angled from the first direction, etc., such that said deflecting tabs (e.g., flat louvres at an angle as illustrated in panel ref. 1053, [0049]), this at least provides tab(s) are angled.
Therefore, since Feltham teaches the plurality of openings and/or features may direct the gas in a second predetermined direction, such as normal, perpendicular to, and/or angled from the first direction, etc., this at least provides a range of angles that encompass (i.e., perpendicular to normal) that encompasses the claimed range of the fluid deflecting tabs are angled relative to the primary panel and the side surface in a range of 15 to 45 degrees, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified with the teachings of Itoi with teachings of Feltham, whereby the manifold including a primary panel and a side surface, cooling vents including the aperture, etc., as disclosed by Itoi further includes the fluid deflecting tabs are angled relative to the primary panel and the side surface as taught by Feltham so as to prevent undesired temperature rises in components of battery system due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction.
Furthermore, the skilled artisan would appreciate the teachings of Feltham such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform routine experimentation to optimize the angle (of the tab) so as to direct the gas in a second predetermined direction, such as normal, perpendicular to, and/or angled from the first direction, etc., and thereby preventing undesired temperature rises in components of battery system due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction., etc. (See MPEP 2144.05(11.), 2144.05 7) ROUTINE OPTIMIZATION, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 288, 285 (CCPA 1955)) (also see [0353]-[0362]).
Regarding claim 4, Itoi discloses the vehicle as discussed above in claim 2. However, Itoi is silent as to the fluid deflecting tabs are planar members.
The combined teachings of Itoi and Feltham disclose the fluid deflecting tabs as discussed above in claim 2. Feltham further teaches fluid deflecting tabs are planar members (e.g., flat louvres at an angle as illustrated in panel ref. 1053, [0049])), lacking any further distinction thereof.
Feltham further teaches in [0029] it may be desired to route venting air and/or gas to vent ports ref. 110 and ref. 111 in enclosure ref. 120 to prevent undesired temperature rises in components of battery system ref. 100 due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules refs. 101-108 may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified with the teachings of Itoi with teachings of Feltham, whereby the cooling vents including the aperture as disclosed by Itoi further includes the fluid deflecting tabs are planar members as taught by Feltham so as to prevent undesired temperature rises in components of battery system due to heat transfer from the venting gas and/or air, and as such, gases emitted from one or more battery modules may be directed to a vent and/or a ventilation path to direct the gases in a predetermined direction.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 5-11 rejected under 35 U.S.C. 102 in view of Coppola have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Therefore, in light of the amendments to the claims, a new grounds of rejection 35 U.S.C. 102 is made for claims 1, 5-9 and 11 in view of Itoi.
See the current rejection for the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Utley et al. (U.S. PGPub 2013/0143083 A1) discloses a battery pack (Title), whereby as disclosed in [0019] raised portions ref. 12c, 12d sealingly cover the upper surfaces of arrays ref. 20a, 20b to define a pair of vent chambers or manifolds ref. 38a, 38b (see Fig. 2) extending along and above the length of the respective arrays.
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 JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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