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 with traverse of claim 1, 3-6, 8 and 10-12 in the reply filed on 05/08/2026 is acknowledged. In particular, the traversal is on the ground(s) that the restriction requirement has not provided any evidence that the species pose a serious search and/or examination burden because none of the reasons listed in page 4, lines 14-20 as set forth in the restriction requirement from 04/09/2026 has been provided. This is not found persuasive because as indicated in the restriction requirement, page 4, line 4-8, the species for Category A are directed to different configurations of the grooves which for example, would clearly require a different field of search. Similarly, for Category B, the species are drawn to different compositions/materials of the fire-retardant plate which would also require a different field of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2, 7, 9 and 13 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/09/2026.
Status of Claims
Claims 1-13 are currently pending in the application, of claims 2, 7, 9 and 13 are withdrawn from consideration.
Claims 1, 3-6, 8 and 10-12 are being examined on the merits in this Office Action.
Claim Objections
Claims 2-3 and 11-12 are objected to because of the following informalities:
In claims 2-3, it is suggested to amend “the grooves” to - -the at least one groove pairs- - to conform to prior recitation.
In claim 11, it is suggested to amend “the flame-retardant plate and/or a plate-shape compression element” to - -the at least one flame-retardant plate and/or at least one plate-shaped compression element- -.
In claim 12, it is suggested to amend “the housing chambers-“ to - -the two housing chambers- -.
Appropriate correction is required.
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 applicant regards as his invention.
Claim 5 is 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.
Claim 5 recites the limitation "the form". There is insufficient antecedent basis for this limitation in the claim.
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, 3-6 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (U.S. Patent Application Publication 2017/0294634).
Regarding claim 1, Cho teaches a traction battery (100) (paragraph [0034]) (see figure 5) comprising:
a battery housing (i.e., cartridge frame 10, upper cover 16, and lower cover 17 corresponds to the battery housing) (paragraph [0057]) and a plurality of battery cells (1) arranged in the battery housing (paragraph [0057]),
at least one flame-retardant plate (11) (i.e., inter-cell separation plate) arranged in the battery housing that separates the battery housing into two housing chambers (see figure 2) (paragraph [0037]-[0040]), and
a plate receiving structure (12) (i.e., sidewall part) disposed in the battery housing (see figure 2) (paragraph [0037]-[0039]), the plate receiving structure including at least one groove pair having two opposite grooves (see figure 2),
wherein the at least one flame-retardant plate (11) is held in the battery housing by the plate receiving structure (12) (see figure 2).
PNG
media_image1.png
412
386
media_image1.png
Greyscale
Regarding claim 3, Choi teaches at least a subset of the grooves of the plate receiving structure is defined by a frame structure (12 a) arranged in the battery housing (paragraph [0039]) (see figure 2).
Regarding claim 4, Choi teaches the frame structure is held by at least a subset of the battery cells (see figures 1-2).
Regarding claim 5, Choi teaches the battery housing comprises a housing part in the form of a hollow profile (see figure 1 where housing comprises a hollow profile).
Regarding claim 6, Choi teaches the battery further comprising a cell carrier element (i.e., electrode terminal connection part) (15) to which connection elements of at least a subset of the battery cells are fastened (paragraph [0055]), wherein the cell carrier element has at least one groove (15b) (i.e., engaging groove) into which the at least one flame-retardant plate is inserted (paragraph [0055]).
Regarding claim 11, Choi teaches the flame-retardant plate and/or a plate-shaped compression element is/are respectively arranged between two adjacent battery cells of the plurality of battery cells in relation to at least one spatial direction (see figure 2).
Regarding claim 12, Choi teaches the housing chambers, in which at least one battery cell of the plurality of battery cells is arranged, respectively contain a heat-conducting medium (i.e., metal having a high thermal conductivity) (paragraph [0039]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (U.S. Patent Application Publication 2017/0294634) as applied to claim 1 above, and further in view of Dorgan et al. (U.S. Patent Application Publication 2022/0069380).
Regarding claim 8, Choi teaches the battery as described above in claim 1 including the flame-retardant plate.
Choi does not teach the flame-retardant plate is a multilayer composite.
Dorgan, also directed to a battery (i.e., energy storage assembly) (abstract), teaches a plate (64A) positioned in between battery cells (58A) (paragraph [0044]). Further, Dorgan teaches the plate formed of one or more layers in order to create a thermal barrier and reduce heat transfer between battery cells (paragraph [0044]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Choi flame-retardant plate to have a multilayered composite, as suggested by Dorgan, in order to create a thermal barriers and reduce heat transfer between cells.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (U.S. Patent Application Publication 2017/0294634) as applied to claim 1 above, and further in view of Sakurrai (U.S. Patent Application Publication 2020/0220126).
Regarding claim 10, Choi teaches the battery as described above in claim 1.
Choi does not teach the battery further comprising at least one plate-shaped compression element arranged in the battery housing and held in the battery housing by the plate receiving structure.
Sakurai, also directed to a battery (i.e., electricity storage module) (abstract), teaches a battery having a plate-shaped compression element (4) in between battery cells (3) so each battery cell is held without rattling (paragraph [0033]) (see figures 2 and 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Choi battery to include a plate-shape compression element as suggested by Sakurai, in order for the cells to be held without rattling in the battery housing.
Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li et al. (U.S. Patent Application Publication 2020/0287252). Li teaches a plate-shape compression element (4) configured for supporting expansion of battery cells (1) (paragraph [0042]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN ROLDAN whose telephone number is (571)272-5098. The examiner can normally be reached Monday - Thursday 9:00 am - 7:00 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, TONG GUO can be reached at 571-272-3066. 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.
/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
Prosecution Insights