CTNF 18/492,725 CTNF 94687 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 06-11-01 AIA The following title is suggested: BATTERY MODULE COMPRISING A BUFFER FOR VOLUME CHANGE OF A BATTERY CELL . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto- processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim s 1 and 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claim s 1 and 3 of copending Application No. 18/630,845 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the Claim 1 of the reference application discloses all of the limitations of Claim 1 of the instant application in combination with additional limitations. The Examiner notes that Claim 1 of the reference application is more specific and therefore necessarily reads on Claim 1 of the instant application . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-37 AIA Claim s 2 and 4-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of copending Application No. 18/630,845 in view of Bai et al. (US PGPub 2023/0395918 A1) and/or Zheng et al. (US PGPub 2021/0119295 A1, cited on the IDS dated August 16, 2024). The Examiner notes that the reference application does not disclose the limitations Claims 2 and 4-11. However, Bai and/or Zheng teach the limitations as set forth in the rejection of record below. It would have been obvious to one of ordinary skill in the art to modify the battery module of copending Application No. 18/630,845 in light of the teachings of Bai and/or Zheng, as such are known configurations in the art and therefore the skilled artisan would have a reasonable expectation that such could successfully be applied to the battery module of copending Application No. 18/630,845 . This is a provisional nonstatutory double patenting rejection. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bai et al. (US PGPub 2023/0395918 A1) . Regarding Claim 1 , Bai discloses in Figs. 1-10 a battery module ([0050]) comprising: a battery cell (2) comprising a first surface and a second surface arranged in a direction to intersect the first surface ([0050]); a first plate (13b) arranged to face the first surface ([0050]); a second plate (13a) arranged to face the second surface ([0050]); and a buffer (3) arranged between the first plate (13b) and the second plate (13a) and configured to change a location of the second plate (13a) relative to the first plate (13b) in association with a volume change of the battery cell (2) ([0050]-[0051], [0053], [0059]). Regarding Claim 2 , Bai discloses all of the limitations as set forth above and further discloses wherein the battery cell (2) is provided in plural, and the plural battery cells (2) are sequentially arranged in a direction parallel to the first surface (Fig. 1, [0050]). Regarding Claim 3 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer (3) is configured to shift the second plate (13a) in a direction parallel to the first surface in association with the volume change of the battery cell (2) (Figs. 1-10, [0061]). Regarding Claim 4 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer (3) is provided in plural, and the plural buffers (3) are provided to at least two corners among corners of the battery module (Figs. 1-2 and 4, [0062]). Regarding Claim 5 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer (3) comprises: a first support member (4) extending from the first plate (13b) ([0053], [0061]-[0062]); a second support member (5) member extending from the second plate (13a) and coupled to the first support member (4) ([0053], [0061]-[0062]); and a buffer member (40, 50) stretchably provided to the first support member (4) configured to increase or decrease a length of the first support member in a stretching/contraction direction (Fig. 8, [0061]-[0062]). Regarding Claim 6 , Bai discloses all of the limitations as set forth above and further discloses wherein the first support member (4) is parallel to the first surface (Figs. 1 and 4). Regarding Claim 7 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer member (40, 50) is symmetrically arranged with respect to a centerline of the first plate (13b) (Fig. 1, e.g. see two buffer members 40, 50 symmetrical to a centerline of the first plate 13b). Regarding Claim 8 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer member (40, 50) is elastically deformable (Fig. 8, [0053], [0061]) . 07-15 AIA Claim s 1-8 and 10-11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Zheng et al. (US PGPub 2021/0119295 A1, cited on the IDS dated August 16, 2024) . Regarding Claim 1 , Zheng discloses in Figs. 1 and 9-11 a battery module ([0049]) comprising: a battery cell comprising a first surface and a second surface arranged in a direction to intersect the first surface ([0049]); a first plate (200) arranged to face the first surface ([0049]); a second plate (10) arranged to face the second surface ([0049]); and a buffer (20) arranged between the first plate (200) and the second plate (10) ([0061]). The Examiner notes that the limitation “configured to change a location of the second plate relative to the first plate in association with a volume change of the battery cell” is intended use and therefore is not given patentable weight aside from the structure required to perform such function. Zheng further discloses wherein the buffer (20) comprises an elastomer ([0061]). Therefore, because the buffer (20) is arranged between the first plate (200) and the second plate (10) and comprises an elastomer (Fig. 11, [0061]), such reads on the limitation “configured to change a location of the second plate relative to the first plate in association with a volume change of the battery cell”, as evidenced by [0065], [0082] of the instant specification. Regarding Claim 2 , Zheng discloses all of the limitations as set forth above and further discloses wherein the battery cell is provided in plural, and the plural battery cells are sequentially arranged in a direction parallel to the first surface (Fig. 1, [0049]). Regarding Claims 1 and 3 , Zheng discloses in Figs. 1 and 9-11 a battery module ([0049]) comprising: a battery cell comprising a first surface and a second surface arranged in a direction to intersect the first surface ([0049]); a first plate (10) arranged to face the first surface ([0049]); a second plate (200) arranged to face the second surface ([0049]); and a buffer (20) arranged between the first plate (10) and the second plate (200) ([0061]). The Examiner notes that the limitation “configured to change a location of the second plate relative to the first plate in association with a volume change of the battery cell” is intended use and therefore is not given patentable weight aside from the structure required to perform such function. Zheng further discloses wherein the buffer (20) comprises an elastomer ([0061]). Therefore, because the buffer (20) is arranged between the first plate (200) and the second plate (10) and comprises an elastomer (Fig. 11, [0061]), such reads on the limitation “configured to change a location of the second plate relative to the first plate in association with a volume change of the battery cell”, as evidenced by [0065], [0082] of the instant specification. Zheng further discloses wherein the buffer (20) is configured to shift the second plate (200) in a direction parallel to the first surface in association with the volume change of the battery cell (Figs. 9-11). Regarding Claim 4 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer (20) is provided in plural, and the plural buffers (20) are provided to at least two corners among corners of the battery module (Figs. 1 and 9, [0049]). Regarding Claim 5 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer (20) comprises: a first support member (22) extending from the first plate (200) ([0061], [0054], [0059]); a second support member (21) member extending from the second plate (10) and coupled to the first support member (22) ([0061], [0054], [0059]); and a buffer member (232) stretchably provided to the first support member (22) ([0061]). The Examiner notes that the limitation “configured to increase or decrease a length of the first support member in a stretching/contraction direction” is intended use and therefore is not given patentable weight aside from the structure required to perform such function. Therefore, because the buffer (20) is arranged between the first plate (200) and the second plate (10) and comprises an elastomer (Fig. 11, [0061]), such reads on the limitation “configured to increase or decrease a length of the first support member in a stretching/contraction direction”, as evidenced by [0065], [0082] of the instant specification. Regarding Claim 6 , Zheng discloses all of the limitations as set forth above and further discloses wherein the first support member (22) is parallel to the first surface (Figs. 1, 9-11). Regarding Claim 7 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer member (232) extends an entire height of the first plate (200) (e.g. Fig. 2) and therefore Zheng discloses wherein the buffer member (232) is symmetrically arranged with respect to a centerline of the first plate (200) (Figs. 9-11). Regarding Claim 8 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer member (232) is elastically deformable ([0061]). Regarding Claim 10 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer member (232) comprises a wrinkle portion protruding in a direction intersecting a longitudinal direction of the first support member (22) (Figs. 9-11). Regarding Claim 11 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer member (232) comprises two or less wrinkle portions (Fig. 10, e.g. 1.5 wrinkle portions), as evidenced by Fig. 8 and [0088]-[0089] of the instant specification . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bai et al. (US PGPub 2023/0395918 A1), as applied to Claim 5 above . Regarding Claim 9 , Bai discloses all of the limitations as set forth above and further discloses wherein the buffer member (40, 50) is elastically deformable ([0053], [0061]-[0062])) and therefore necessarily and inherently has an extension length and a contraction length. However, Bai does not disclose wherein a difference between an extension length and a contraction length of the buffer member is 2 mm or less. The Examiner notes that Bai discloses a desire for the buffer member (40, 50) allow for the second plate (13a) to be moveable in association with a volume change of the battery cell (2) in order to significantly improve the safety of the battery module ([0050]). Specifically, Bai discloses wherein such can be determined based on the difference between the thickness of a fully swelled battery cell and the thickness in the initial state ([0056]-[0058]). It would have been obvious to one of ordinary skill in the art to utilize a battery cell that has a difference between the thickness of the fully swelled battery cell and the thickness in the initial state of 2 mm or less as the battery cell of Bai, such that a difference between an extension length and a contraction length of the buffer member of Bai is 2 mm or less, wherein the skilled artisan would have a reasonable expectation that such would successfully allow for the second plate to be moveable in association with a volume change of the battery cell in order to significantly improve the safety of the battery module 07-21-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US PGPub 2021/0119295 A1, cited on the IDS dated August 16, 2024), as applied to Claim 5 above . Regarding Claim 9 , Zheng discloses all of the limitations as set forth above and further discloses wherein the buffer member is elastically deformable ([0061]) and therefore necessarily and inherently has an extension length and a contraction length. However, Zheng does not disclose wherein a difference between an extension length and a contraction length of the buffer member is 2 mm or less. The Examiner notes that Zheng discloses a desire for the buffer member (232) to implement a fixed connection between the first plate (200) and the second plate (10) (Figs. 9-11, [0054], [0061]) and therefore Zheng suggests wherein a difference between the extension length and the contraction length of the buffer member is minimal (e.g. close to 0 mm), which falls within and therefore reads on the instantly claimed range of 2 mm or less. It would have been obvious to one of ordinary skill in the art to form the buffer member such that a difference between the extension length and the contraction length is minimal, as suggested by Zheng, wherein the skilled artisan would have a reasonable expectation that such would successfully maintain a fixed connection between the first plate and the second plate, as desired by Zheng . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 12-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The invention of Claim 12 is directed to the battery module set forth above, wherein the second support member comprises: a first extension extending from the second plate and arranged parallel to the first support member; and a second extension extending from the first extension toward the first support member, spaced apart from the second plate, and coupled to the first support member, and wherein the wrinkle portion protrudes from the first support member toward a space between the second extension and the second plate . The closest prior art is considered to be Zheng et al. (US PGPub 2021/0119295 A1, cited on the IDS dated August 16, 2024). Regarding Claim 12 , Zheng discloses all of the limitations as set forth above. However, Zheng does not disclose wherein the second support member comprises: a first extension extending from the second plate and arranged parallel to the first support member; and a second extension extending from the first extension toward the first support member, spaced apart from the second plate, and coupled to the first support member, and wherein the wrinkle portion protrudes from the first support member toward a space between the second extension and the second plate. The Examiner notes that the configuration of the second support member (21) is critical in achieving a battery module with enhanced structural reliability (Figs. 9-11, [0004], [0058]). Consequently, it would not have been obvious to one of ordinary skill in the art to modify the second support member of Zheng to comprise a first extension extending from the second plate of Zheng and arranged parallel to the first support member of Zheng; and a second extension extending from the first extension toward the first support member of Zheng, spaced apart from the second plate, and coupled to the first support member, and wherein the wrinkle portion of Zheng protrudes from the first support member toward a space between the second extension and the second plate, as called for in the claimed invention, as such a configuration was neither disclosed nor suggested by the prior art and therefore the skilled artisan would not have been motivated to do so nor would have a reasonable expectation of successfully doing so without interfering with the configuration of the second support member of Zheng. In light of the above, the closest prior art fails to disclose, teach, suggest, or render obvious the claim limitation “wherein the second support member comprises: a first extension extending from the second plate and arranged parallel to the first support member; and a second extension extending from the first extension toward the first support member, spaced apart from the second plate, and coupled to the first support member, and wherein the wrinkle portion protrudes from the first support member toward a space between the second extension and the second plate” in combination with all of the other limitations taken as a whole. Claims 13-17 are dependent on Claim 12 and therefore are indicated as allowable subject matter for the reasons set forth above . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hwang (US PGPub 2025/0132445 A1) teaches in Figs. 1-3 a battery module (1) comprising a buffer (400) arranged between a first plate (200) and a second plate (300) and configured to change a location of the second plate (300) relative to the first plate (200) in association with a volume change of a battery cell (100) ([0059], [0096]). However, Hwang has an effective filing date later than that of the instant application and therefore is not considered to be prior art. Kim et al. (US PGPub 2019/0363392 A1) teaches in Figs. 1-3 a buffer member (300) ([0029], [0036]-[0037]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST. 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, BASIA RIDLEY can be reached at (571)272-1453. 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. /KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725 Application/Control Number: 18/492,725 Page 2 Art Unit: 1725 Application/Control Number: 18/492,725 Page 3 Art Unit: 1725 Application/Control Number: 18/492,725 Page 4 Art Unit: 1725 Application/Control Number: 18/492,725 Page 5 Art Unit: 1725 Application/Control Number: 18/492,725 Page 6 Art Unit: 1725 Application/Control Number: 18/492,725 Page 7 Art Unit: 1725 Application/Control Number: 18/492,725 Page 8 Art Unit: 1725 Application/Control Number: 18/492,725 Page 9 Art Unit: 1725 Application/Control Number: 18/492,725 Page 10 Art Unit: 1725 Application/Control Number: 18/492,725 Page 11 Art Unit: 1725 Application/Control Number: 18/492,725 Page 12 Art Unit: 1725 Application/Control Number: 18/492,725 Page 13 Art Unit: 1725 Application/Control Number: 18/492,725 Page 14 Art Unit: 1725 Application/Control Number: 18/492,725 Page 15 Art Unit: 1725 Application/Control Number: 18/492,725 Page 16 Art Unit: 1725
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