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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-9 in the reply filed on 06/22/2026 is acknowledged.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/22/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 6, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over EP 4181288 (Kim) in view of EP 2381525 (Takahashi).
Regarding claims 1-3, 6, and 7, Kim discloses a battery module comprising a battery cell stack formed by stacking a plurality of battery cells; a module frame that houses the battery cell stack; and a compression pad disposed between the battery cells, wherein the compression pad has a porous structure (abstract). The compression pad is positioned between a pair of battery cells 110 adjacent as shown in Figure 4. Figure 5 shows compression pad 150 has a plurality of circle shaped holes 140 considered to be a plurality of passages in a layer of material. Protective inserts 160 are positioned inside the holes 140 and are considered filler members. The shape of the inserts is considered to take on the geometric shape of the hole. The compression pad is made of urethane or polyurethane. Kim does not disclose a first and second backing plate and does not disclose the filler members are made of a polymer.
Takahashi discloses a battery comprising multiple cells with spacers therebetween and further provides insulating sheets disposed between spacers (20) and cells (10) (Figure 4). Takahashi discloses that by making it difficult for the heat of the unit cell 10 that has abnormally generated heat to be transmitted to the spacer 20, it is possible to prevent the spacer 20 from being melted by the heat of the unit cell 10 even if the spacer 20 is formed of a thermoplastic resin. It would have been obvious to one of ordinary skill to provide plates (sheets) on either side of the spacer of Kim to prevent melting of the spacer. Note that polyurethane cited by Kim as material for the compression pad can be a thermoplastic.
Regarding the filler members, Kim discloses that the members (inserts) may comprise heat insulating materials but does not particularly limit these materials [0015]. Takahashi discloses known heat insulating materials include thermosetting resins such as phenol resin, epoxy resin, melamine resin, urea resin, unsaturated polyester resin, alkyd resin, polyurethane, and thermosetting polyimide. It would have been obvious to one of ordinary skill in the art to use a known heat insulating material disclosed by Takahashi as the heat insulating material of the filler members in Miyazaki as these materials provide the desired property of heat insultation as disclosed by Takahashi and would be reasonably expected to provide the desired property.
Regarding claim 9, a change in the shape of the passages and filler members is not seen to be critical and is are considered routine expedients that are obvious to one of ordinary skill in the art. See MPEP 2144.04(IV)(B) citing In re Dailey 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 1-6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0081610 (Miyazaki) in view CN 212257629 (Li).
Regarding claims 1-3 and 8, Miyazaki discloses an intercell spacer for a battery module comprising a spacer arranged between battery cells that are adjacent to each other and include a heat-resistant compression portion as shown in Figure 2. The heat-resistant anti-compression portions are shown as having a cylindrical shape and the holding portion is shown as having passages for holding the cylindrical shaped anti-compression portions. The material of the heat-resistant anti-compression portion may, for example, be a heat-resistant resin such as a polyimide resin, a phenolic resin, or an epoxy resin [0061]. The holding portion may comprise a member that contracts upon heating and may, for example, be an elastomeric polymer. The elastomeric polymer may, for example, be an acrylic polymer, hydrogenated nitrile rubber, polyethylene, polypropylene, ABS resin, polyvinyl acetate, or polystyrene [0086-0087]. Thus, the first and second polymers of the two materials are distinct. Miyazaki does not disclose first and second backing plates.
Li discloses a battery pack comprising spacers 100 comprising a first outer plate 10, a buffer heat insulation layer 20 and a second outer plate 30. The plates are made of aluminum alloy material or stainless-steel material, aluminum alloy material or stainless-steel material can ensure enough strength, ensure the reliable positioning of the electric core 50 (cells) (See Figures 1 and 6). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide first and second outer plates on either side of the spacers of Miyazaki to ensure reliable positioning of the cells as disclosed by Li.
Regarding claims 4 and 5, the materials and shapes of the spacer of Miyazaki are similar to that disclosed and claimed and the purpose of the intercell spacer is to provide an anti-compression effect. Miyazaki discloses that permanent strain of the holding portion is 1-20% [0090] and the heat-resistant anti-compression portion can maintain intercell distance even in a situation in which a cell has expanded at abnormally high temperature because the heat-resistant anti-compression portion can withstand pressure from the expanded cell and resist compression thereof [0057]. Absent a showing of criticality, it would have been obvious to one of ordinary skill to select materials that provide optimal resistance to compression in order to maintain intercell distance and thus provide an optimized compression profile thereof.
Regarding claim 6, the holding portion may comprise an elastic portion made of silicone rubber [0096, 0109].
Regarding claim 9, a change in the shape of the passages and filler members is not seen to be critical and is are considered routine expedients that are obvious to one of ordinary skill in the art. See MPEP 2144.04(IV)(B) citing In re Dailey 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 1-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0081610 (Miyazaki) in view of EP 2381525 (Takahashi).
Regarding claims 1-3, and 7, Miyazaki discloses an intercell spacer for a battery module comprising a spacer arranged between battery cells that are adjacent to each other and include a heat-resistant compression portion as shown in Figure 2. The heat-resistant anti-compression portions are shown as having a cylindrical shape and the holding portion is shown as having passages for holding the cylindrical shaped anti-compression portions. The material of the heat-resistant anti-compression portion may, for example, be a heat-resistant resin such as a polyimide resin, a phenolic resin, or an epoxy resin [0061]. The holding portion may comprise a member that contracts upon heating and may, for example, be an elastomeric polymer. The elastomeric polymer may, for example, be an acrylic polymer, hydrogenated nitrile rubber, polyethylene, polypropylene, ABS resin, polyvinyl acetate, or polystyrene [0086-0087]. Thus, the first and second polymers of the two materials are distinct. Miyazaki does not disclose first and second backing plates.
Takahashi discloses a battery comprising multiple cells with spacers therebetween and further provides insulating sheets disposed between spacers (20) and cells (10) (Figure 4). The spacers of Takahashi may be made of materials similar to that of Takahashi, such as polypropylene, polyethylene and polystyrene. Takahashi discloses that by making it difficult for the heat of the unit cell 10 that has abnormally generated heat to be transmitted to the spacer 20, it is possible to prevent the spacer 20 from being melted by the heat of the unit cell 10 even if the spacer 20 is formed of a thermoplastic resin. It would have been obvious to one of ordinary skill to provide plates (sheets) on either side of the spacer of Kim to prevent melting of the spacer. The insulating layers of Takahashi are made of thermoset, considered polymers.
Regarding claims 4 and 5, the materials and shapes of the spacer of Miyazaki are similar to that disclosed and claimed and the purpose of the intercell spacer is to provide an anti-compression effect. Miyazaki discloses that permanent strain of the holding portion is 1-20% [0090] and the heat-resistant anti-compression portion can maintain intercell distance even in a situation in which a cell has expanded at abnormally high temperature because the heat-resistant anti-compression portion can withstand pressure from the expanded cell and resist compression thereof [0057]. Absent a showing of criticality, it would have been obvious to one of ordinary skill to select materials that provide optimal resistance to compression in order to maintain intercell distance and thus provide an optimized compression profile thereof.
Regarding claim 6, the holding portion may comprise an elastic portion made of silicone rubber [0096, 0109].
Regarding claim 9, a change in the shape of the passages and filler members is not seen to be critical and is are considered routine expedients that are obvious to one of ordinary skill in the art. See MPEP 2144.04(IV)(B) citing In re Dailey 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered pertinent to the instant disclosure:
US 2025/0023173 shows inserts in plates
US 2024/0145843 directed to compression pad spacers
WO 2024/079133 directed to inserts for spacers between cover plates
US 2023/0411732 directed to spacers
WO 2023/210931 directed to compression pads
US 2023/0018565 directed to spacers
CN 217114544 directed to heat insulation pads
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
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JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1723
/Jennifer McNeil/ Primary Examiner, Art Unit 1723
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