DETAILED CORRESPONDENCE
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 Group I (Claims 1-17) in the reply filed on July 14th, 2026 is acknowledged. The traversal is on the ground that there would be no undue search burden.
A person of ordinary skill in the art would know that although the battery casing module assemblies of Groups I and III are related, they have different uses (providing housing for a single battery cell versus a plurality of battery cells) and would therefore require separate and innumerable searches to properly address the patentability of each group. Additionally, a typographical error was made in the Restriction Requirement mailed on June 5th, 2026 (Group II is drawn to a battery casing module structure) – a person of ordinary skill in the art would recognize that it is possible to use the battery casing module assembly of Group I in a separate battery casing module structure as defined in Group II, and vice versa. And, therefore, would require separate and innumerably searches to properly address the patentability of each group.
The requirement is still deemed proper and is therefore made FINAL.
Therefore, the claims under consideration are xx.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on October 16th, 2024 has been received and considered by the Examiner.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Prior Art
Park US PG Publication 2020/0127349 (“Park”)
Chi US PG Publication 2019/0326569 (“Chi”), as cited in the IDS filed on October 16th, 2024
Pasma US PG Publication 2015/0263378 (“Pasma”)
Schroeter US PG Publication 2013/0045409 (“Schroeter”)
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 is missing a terminal period in line 8.
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 pre-AIA the applicant regards as the invention.
Claim 5, line 2 recites the limitation (with emphasis) “receive battery cells therein.” It is wholly unclear whether these battery cells are in reference to the battery cells as defined in line 4 of Claim 1 or are an entirely different set of battery cells.
Further clarification is required.
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.
Claims 1-2, 4-12, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park US PG Publication 2020/0127349.
Regarding Claim 1, Park discloses a battery module 1000 (corresponding to the instantly claimed battery casing module assembly) comprising (Abstract, Fig. 1, [0049], entire disclosure dependent upon):
a first module housing 200 (battery casing module) (Figs. 1-2, [0050]), comprising:
a main body having a floor surface 260, a front wall, a rear wall, and two lateral walls (combined together to form outer wall 210 and end wall 240) delimiting a space therein configured to accept unit cells 110 (battery cells) (Figs. 1-2, [0050]-[0060], [0078]);
a first abutting surface formed on a forward surface of the front wall (as defined by the inner surface of the outer wall 210 and end wall 240 adjacent to the unit cells 110 in the front of the housing 200) (Figs. 1-2, [0050]-[0060]);
a first protrusion comprising ribs 242 extending forward from the front wall (Fig. 2, [0177]-[0190]);
a second abutting surface formed on a rear surface of the rear wall (as defined by the inner surface of the outer wall 210 and end wall 240 adjacent to the unit cells 110 in the rear of the housing 200) (Figs. 1-2, [0050]-[0060]); and
a second protrusion comprising ribs 242 extending forward from the rear wall (Fig. 2, [0177]-[0190]).
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Annotated Figure 1 of Park
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Annotated Figure 2 of Park
Regarding Claim 2, Park teaches the instantly claimed battery casing module assembly according to Claim 1, and Park discloses wherein the first abutting surface has a vertical height corresponding to the second protrusion in the X direction, and the second abutting surface has a vertical height corresponding to the first protrusion in the X direction (Fig. 2, [0177]).
Regarding Claim 4, Park teaches the instantly claimed battery casing module assembly according to Claim 1, and Park discloses wherein a busbar connection part 430 (busbar trough) extends between the front wall and the rear wall of the main body to separate the space in the main body into a first enclosure and a second enclosure (Figs. 1, 5, [0122]-[0126]).
Regarding Claim 5, Park teaches the instantly claimed battery casing module assembly according to Claim 4, and Park discloses wherein the first enclosure and the second enclosure are structured to receive battery cells therein (Fig. 1, [0050]-[0060]).
Regarding Claim 6, Park teaches the instantly claimed battery casing module assembly according to Claim 1, and Park discloses wherein a cooling gallery comprising at least cooling channel 300 is formed in the floor surface 260 of the main body (Fig. 3, [0086]-[0088]).
Regarding Claim 7, Park teaches the instantly claimed battery casing module assembly according to Claim 6, and Park discloses wherein a channel cover 330 (cooling gallery cover) is disposed below the floor surface 260 of the main body ([0093]).
While Park does not explicitly disclose wherein the cooling gallery cover delimits and undersides the cooling gallery1, the skilled artisan would recognize that this term is interpreted as an intended use for the claimed battery casing module assembly which would be inherently possible by the battery casing module assembly of Park due to their identical structures.
1 The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
Regarding Claim 8, Park teaches the instantly claimed battery casing module assembly according to Claim 6, and Park discloses wherein the cooling gallery is structured to have a cold cooling fluid line fluidly connected to an inflow line 362 (inlet) thereof and a heated cooling discharge fluid line fluidly connected to an outflow line 362 (outlet) thereof (Fig. 6, [0107]-[0110], [0130]-[0134]).
Regarding Claim 9, Park teaches the instantly claimed battery casing module assembly according to Claim 1, and Park discloses wherein the battery casing module assembly 1000 further comprises a second battery casing module 200 comprising a main body having a floor surface 260, a front wall, a rear wall, and two lateral walls (combined together to form outer wall 210 and end wall 240) delimiting a space therein (Figs. 1-2, [0050]-[0060], [0078]),
wherein the first battery casing module and the second battery casing module are attached (Fig. 5, [0105]-[0106]).
Regarding Claim 10, Park teaches the instantly claimed battery casing module assembly according to Claim 9, and Park discloses wherein the floor 260 of the first battery casing module is attached to the floor 260 of the second battery casing module such that the first and second battery casing modules are attached in a vertical direction (Fig. 5, [0105]-[0106]).
Regarding Claim 11, Park teaches the instantly claimed battery casing module assembly according to Claim 10, and Park discloses wherein a cooling gallery comprising at least cooling channel 300 is formed in the floor surface 260 of the main body of the first battery casing module 200 (Fig. 3, [0086]-[0088]), and the floor surface 260 of the main body of the second battery casing module 200 delimits an underside of the cooling gallery comprising at least cooling channel 300 disposed in the second battery casing module 200 (Fig. 3, [0086]-[0088]).
Regarding Claim 12, Park teaches the instantly claimed battery casing module assembly according to Claim 9, and Park discloses wherein the first battery casing module 200 and the second battery casing module 200 are interlocked in a longitudinal direction (Figs. 1-2, 5, [0050]-[0060], [0078], [0105]-[0106]).
Regarding Claim 15, Park teaches the instantly claimed battery casing module assembly according to Claim 10, and Park discloses wherein a cooling gallery comprising at least cooling channel 300 is formed in the floor surface 260 of the main body of the first battery casing module 200 (Fig. 3, [0086]-[0088]),
wherein a thermal interface material cavity defining a space comprising at least insulation member 112 is formed between the floor surface 260 of the main body and the lower surface of cell stack 100 of the second battery casing module 200 ([0057]), and
wherein the insulation member 112 made of insulating material such as rubber or plastic (thermal interface material) is disposed in the thermal interface material cavity ([0055]-[0057]).
Regarding Claim 16, Park teaches the instantly claimed battery casing module assembly according to Claim 15, and Park discloses wherein a channel cover 330 (cooling gallery plate) is disposed between the floor surface 260 of the main body of the first battery casing module 200 and the thermal interface ([0099]).
Claims 1, 3, 9, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chi US PG Publication 2019/0326569.
Regarding Claim 1, Chi discloses a battery pack (corresponding to the instantly claimed battery casing module assembly) (Abstract, entire disclosure dependent upon) comprising:
a [first] unit battery module 100 ([0040]-[0042]), comprising:
a main body having a lower plate 140 (floor), a left side plate 122 (front wall), a right side plate 121 (rear wall) and front and rear covers 150 (two lateral walls) delimiting an inner space S therein configured to accept battery cells 110 (Figs. 2-3, [0041]-[0051]);
a first engagement portion 122a (first abutting surface) formed on a forward surface of the front wall 122 (Figs. 2-3, [0055]-[0056]);
a second engagement portion 122b (first protrusion surface) extending forward from the front wall 122 (Figs. 2-3, [0055]-[0056]);
a first engagement portion 121a (second abutting surface) formed on a rear surface of the rear wall 121 (Figs. 2-3, [0055]-[0056]); and
a second engagement portion 121b (second protrusion surface) extending rearward from the rear wall 121 (Figs. 2-3, [0055]-[0056]).
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Annotated Figure 2 of Chi
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Annotated Figure 3 of Chi
Regarding Claim 3, Chi teaches the instantly claimed battery casing module assembly according to Claim 1, and Chi discloses wherein the first abutting surface 122a is disposed above the first protrusion 122b, and the second abutting surface 121a is disposed below the second protrusion 121b (Figs. 2-3, [0055]-[0056], [0076]-[0078]).
Regarding Claim 9, Chi teaches the instantly claimed battery casing module assembly according to Claim 1, and Chi discloses wherein the battery casing module assembly further comprises a second battery casing module 200 comprising a main body having a floor, a front wall, a rear wall, and two lateral walls identical that of the first battery casing module 100 delimiting a space therein (Fig. 4, [0058]-[0062]),
wherein the first battery casing module 100 and the second battery casing module 200 are attached via a connection structure (Fig. 4, [0058]-[0063]).
Regarding Claim 12, Chi teaches the instantly claimed battery casing module assembly according to Claim 9, and Chi discloses wherein the first battery casing module 100 and the second battery casing module 200 are interlocked in a longitudinal direction (Fig. 4, [0058]-[0063]).
Regarding Claim 13, Chi teaches the instantly claimed battery casing module assembly according to Claim 12, and Chi discloses wherein the second battery casing module 200 comprises:
a first engagement portion 222a (first abutting surface) formed on a forward surface of the front wall and abutting the second protrusion 121b of the first battery casing module 100, and
a second engagement portion 222b (first protrusion) extending forward from the front wall and abutting the second abutting portion 121a of the first battery casing module 100 (Fig. 4,
abutting surface formed (Fig. 4, [0058]-[0064]).
Claim Rejections - 35 USC § 103
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chi US PG Publication 2019/0326569, as applied to Claim 12, further in view of Pasma US PG Publication 2015/0263378.
Regarding Claim 14, Chi teaches the instantly claimed battery casing module assembly according to Claim 12.
While Chi discloses wherein the battery module 100 comprises pouch-type secondary batteries ([0040]), Chi fails to explicitly disclose an end cap.
However, Pasma discloses a battery cell including a pouch (Abstract, entire disclosure dependent upon). Pasma teaches an end cap disposed around an outer edge of the pouch of each battery cell to prevent damage to the pouch ([0012], [0042]-[0043]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery casing module assembly of Chi to further comprise an end cap disposed on a lateral end of the first and second battery casing modules in order to prevent damage to the pouch comprising each battery casing module, as taught by Pasma.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Park US PG Publication 2020/0127349, as applied to Claim 15, further in view of Schroeter US PG Publication 2013/0045409.
Regarding Claim 17, Park teaches the instantly claimed battery casing module assembly according to Claim 15. Park fails to disclose a compression limiter.
However, Schroeter discloses a battery comprising a cooling plate ([0050]-[0052], entire disclosure dependent upon). Schroeter teaches using spacer elements between the cooling plate and adjacent elements, such as drains and foils, along an outer edge of the cooling plate to prevent damage to and electrically insulate the material of the cooling plate ([0013], [0052]-[0053]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery casing module assembly of Park to comprise a compression limiter, such as a spacer, formed on an outer periphery of the thermal interface material cavity to present damage and electrically insulate the material of the cooling gallery plate, as taught by Schroeter.
Conclusion
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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