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 35 U.S.C. 112(b): (b ) CONCLUSION.— The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim s 5 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “ temperature resistant ” in claim s 15 and 15 is a relative term which renders the claim indefinite. The term “ temperature resistant ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of prosecution, t he term will be given the broadest reasonable interpretation based on the plain meaning such that any material which has stability above and/or below room temperature reads on the term . Claim Rejections - 35 USC § 102 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 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 – (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. Claim(s) 1 , 6-11 and 16-20 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Yin (US20210408934 as cited in the IDS dated 7/1/24) . As to claim s 1 and 11 , Yin teaches a battery assembly ([0067]: 24) comprising: a housing (200) including a base wall and plurality of side walls connected to the base wall ([0072]: 220 tray having a base as it forms a cavity holding cells); the base wall necessarily having a mid-line in the middle of the tray 220 in fig. 5 this is depicted between module (230) columns ([0072]); a plurality of battery modules between the midline and the plurality of sides (230) each of the modules including an inboard end facing the midline (238/237 adjacent middle of 220) and an outboard end facing the sidewalls (237/238 opposite ends) (fig. 5-6); a plurality of battery cells in each module ([0072]); a cover assembly mounted on each module (240/250: fig. 5-6), the cover assembly including inner (250) and outer (240) cover members spaced apart from and connected to inner cover (250) by (360) (fig. 6) ([0078]), the outer cover member (240) restricting gas flow from the cells to the outboard end (240 participates in limiting air and O 2 thereby reading on restricting gas flow: [0077]). Further regard ing claim 11 , Yin teaches a vehicle comprising a body including passenger compartment ([0082]: seat indicating passenger compartment) and drive motor mounted in the bod y (fig. 1) including the battery system of claim 1. Regarding claim s 6 and 16 , Yin teaches wherein the outer cover (240) includes a surface extending across the plurality of cells (231), the surface including a first end arranged at the inboard end (middle of fig. 4) and a second end arranged at the outboard end (opposite inboard), a first and second sides extending between the first and second ends and the second side spaced from the first side (by the center) (see annotated fig. 5 below): Regarding claim s 7 and 17 , Yin teaches that the outer cover (240) includes first end walls (248), first and second side walls extending from side surfaces (242, 244) (fig. 6); the first end wall, first and second side walls channeling gases from the cells (231) to the second end (arrow fig. 5). Regarding claims 8 and 18 , Yin teaches the inner cover member (250 /350 ) includes a surface portion extending across the plurality of cells (top surface), the surface portion including a first end portion arranged at the inboard (end at middle), a second end portion arranged at the outboard (opposite middle), first and second side portions extending between first and second end portions (sides thereof) (s ee annotated fig. 7B below ). Regarding claims 9 and 19 , Yin teaches that the inner cover (250/350) depicting members (360 s ) extending from side wall portions (fig. 7B: right/left) and end wall portions (fig. 7B: top/bottom) (See annotated fig. 7B below) and connected to the outer cover member (fig.8). Regarding claims 10 and 20 , Yin teaches that the second end of the surface includes a connector (246) connecting the outer cover member with one of the plurality of side walls of the housing (220) (fig. 5- 6)( [0075]: tray). 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, 5, 11-1 3 and 15 is/are rejected under 35 U.S.C. 10 3 as being obvious over Han (US 20230102399 ) . As to claim s 1 - 2 and 11-12 , Han teaches a battery assembly (title: pack) comprising: a housing (fig. 5: 1200) including a base wall (1210) and plurality of side walls connected to the base wall (1220); the base wall necessarily having a mid-line in the x direction; a plurality of battery modules between the midline and the plurality of sides (1100) each of the modules including an inboard end facing the midline (1100 end adjacent middle of 1220) and an outboard end facing the sidewalls (1100 opposite ends) (fig. 5); a plurality of battery cells in each module (fig. 7: 1130); a cover assembly mounted on each module, the cover assembly including an outer (fig. 7: 1110), the outer cover member ( fig. 7: 1110 ) restricting gas flow from the cells to the outboard end ( fig. 6 depicts gas flow to the module sides and therefore away/restricting flow from outboard ends ) . In the embodiments of Han’s figures 5-7, Han teaches the intermediate cover member (fig. 7: 1150) arranged next to the outer cover member (1110) including vent openings (1151) ([0069]) as required by instant claim s 2 and 12 . With respect to claim 1, the embodiment of Han figures 5-7 above fails to teach an inner cover member spaced apart and connected to the outer cover. However, Han’s other embodiment (fig. 2-4) teaches the use of a n optional third inner member (fig. 4: 170) which is spaced from the outer cover (110) by intermediate member (150) and provides fire and heat resistance characteristics ([0064-65]). The multiple cover member layers are connected to form the final module cover unit (fig. 1) and therefore read on the limitation that they are connected. It would have been obvious to one of ordinary skill in the art at the time of filing to combined the embodiments of Han in order to provide the fire/heat resistance of the inner layer in the battery pack embodiment of Fig. 5, as taught by Han ([0064-65]). Further regarding claim 11 , Han teaches a vehicle ([0004]) and while Han does not specify the vehicle compris es a body including passenger compartment and drive motor. It would have been obvious to one of ordinary skill at the time of filing to have a passenger compartment and drive motor type vehicle in Han in order to be used in conventional cars/trucks and the like with a reasonable expectation of success; providing an electric vehicle and selecting from the finite number of options (passenger and nonpassenger vehicles) (MPEP 2123). Regarding claim s 3 and 13 , Han depicts the intermediate member (1150) spaced from the outer member (1110) (fig. 7); moreover Han teaches a fourth optional spacing material (160) between the intermediate (150) and outer members (110) in the embodiment of fig. 4 which would have been obvious to combined with modified Han in order to prevent the introduction of foreign material from the outside of the module, as taught by Han ([0062]). Regarding claim s 5 and 15 , Han teaches that the intermediate member (1150) is formed of a temperature resistant and electrically insulative material ([0069] ; more resistant the option 160 therefore reads on temperature resistant [0063]). Alternatively, c laim(s) 1 - 4 and 11-14 are rejected under 35 U.S.C. 10 3 as being obvious over Yin in view of Han . As to claim s 1 -2 and 11-12 , Yin teaches a battery assembly ([0067]: 24) comprising: a housing (200) including a base wall and plurality of side walls connected to the base wall ([0072]: 220 tray having a base as it forms a cavity holding cells); the base wall necessarily having a mid-line in the middle of the tray 220 in fig. 5 this is depicted between module (230) columns ([0072]); a plurality of battery modules between the midline and the plurality of sides (230) each of the modules including an inboard end facing the midline (238/237 adjacent middle of 220) and an outboard end facing the sidewalls (237/238 opposite ends) (fig. 5-6); a plurality of battery cells in each module ([0072]); a cover assembly mounted on each module (240/250: fig. 5-6), the cover assembly including in termediate (250) member comprising vent openings (252) (fig. 8) (as required by instant claim s 2 and 12 ) and outer (240) cover members spaced apart from and connected to inner cover (250) by (360) (fig. 6) ([0078]), the outer cover member (240) restricting gas flow from the cells to the outboard end (240 participates in limiting air and O 2 thereby reading on restricting gas flow: [0077]). When Yin’s 250 is interpreted as the intermediate member Han is silent to the claimed inner cover member; in other words, Yin teaches a two member cover and is therefore silent to a three member cover. Han teaches the use of an optional third inner cover member (fig. 4: 170) which is spaced from the outer cover (110) by intermediate member (150) and provides fire and heat resistance characteristics ([0064-65]). The multiple cover member layers are connected to form the final module cover unit (fig. 1). It would have been obvious to one of ordinary skill in the art at the time of filing to use the inner cover member of Han in Yin to provide the fire/heat resistance of the inner layer in the battery pack embodiment of Fig. 5, as taught by Han ([0064-65]). Further regarding claim 11 , Yin teaches a vehicle comprising a body including passenger compartment ([0082]: seat indicating passenger compartment) and drive motor mounted in the body (fig. 1) including the battery system of claim 1. Regarding claims 3 and 13 , modified Yin teaches the intermediate member ( Yin: 250 ) spaced from the outer member ( Yin: 240 ) by (Yin: 360) (Yin: fig. 8). Regarding claims 4 and 14 , modified Yin teaches that a gap (410) having a size (reads on width) of 5-15mm (Yin: [0080]) is defined between the intermediate (250) and outer (240) cover members (Yin: fig. 8). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MIRIAM STAGG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5256 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday, 9am-5pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Srilakshmi Kumar can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-7769 . 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. /MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724