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 .
Claim Objections
Claim 10 is objected to because of the following informalities: in line 3 “the degassing space is offset from venting space in the second direction” should read “the degassing space is offset from the venting space in the second direction”. Appropriate correction is required.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki (US 20170033343 A1, “Miyawaki”) in view of Fritts et al. (US RE37901 E, “Fritts”).
Regarding claim 1, Miyawaki discloses a battery module (see [0046] “battery module”) comprising: a battery cell stack (see [0064] “stacked-type electrode assembly”) comprising a plurality of battery cells arranged along a first direction (see FIG. 2 describes “100 energy storage device” stacked in a first direction; see annotated FIG. 2 “1” describes 1st direction), each of the battery cells having a venting side (see [0039] describes “flow passage for a gas” & see [0054] “gas flow passage (exhaust passage) 21a through which the gas flows when a gas is discharged from any one of three energy storage devices 100”; see FIG. 2 describes “170 discharge valve” which reads on a venting side; see annotated FIG. 2 describes “21a” & describes “51 openings” & annotated “2” which describes second side crossing the first direction), each of the venting sides comprising a venting outlet (see [0054] “at least a portion of a discharge portion 50 having one or more openings 51 through which a gas discharged from the energy storage devices 100 is discharged to the outside of the outer case 10 is disposed”; see FIG. 7 describes “170 discharge valves” & flows into “openings 51”); a venting space extending along the battery cell stack adjacent to the venting sides, each of the venting outlets opening into the venting space (see annotated FIG. 7 describes a venting space (annotated “Vs”) & describes “openings 51” opening into the venting space); a degassing space extending along the first direction besides the venting space in a third direction crossing the first direction and the second direction (see FIG. 7 describes flow direction of the discharged gas & see FIG. 2 describes “21a exhaust passage”).
PNG
media_image1.png
730
501
media_image1.png
Greyscale
PNG
media_image2.png
555
503
media_image2.png
Greyscale
Miyawaki discloses a plurality of separators arranged within the venting space and sub-dividing the venting space into a plurality of venting channels (see [0069] “partition plates 40a, 40b, 40c, & 40d” & see FIG. 3 & see [0078] describes “guiding and blocking of a gas discharged from the discharge valve 170”; see FIG. 4 describes “51 openings” which describes a plurality of venting channels arranged along the first direction). Regarding the limitation wherein each of the venting channels has a venting channel opening open into the degassing space, Miyawaki discloses (see FIG. 2 describes “51 openings” open into “21a exhaust passage”), and wherein the degassing space is at least partly confined by a wall comprising a collection area (see FIG. 2 describes “41 first guide portions” & FIG. 2 describes a collection area (see annotated “Ca”)), the collection area being arranged opposite to each of the venting channel openings and spaced apart from each of the venting channel openings (see FIG. 7 describes “21a exhaust passage” is arranged opposite of “51” & spaced apart from “51”).
PNG
media_image3.png
696
424
media_image3.png
Greyscale
Miyawaki discloses in FIG. 7 & see [0085] “the partition plate 40a is a part having a large surface area and hence, the partition plate 40a is suitable for guiding a gas. Further, the partition plate 40a is suitable also for blocking the intrusion of a foreign substance”; see [0053], [0073], [0096], [0098], [0101].
PNG
media_image4.png
383
458
media_image4.png
Greyscale
Regarding the limitation a plurality of separators arranged within the venting space and sub-dividing the venting space into a plurality of venting channels adjacent to each other in the first direction, each of the venting channels corresponding to a different group of the battery cells and being gas-tightly separated from each other by the separators, Miyawaki does not explicitly disclose multiple flow channels separated nor being gas-tightly separated (see annotated FIG. 7 above describes gap between the bottom of “43” and the top of “40a”).
Fritts teaches multiple flow channels separated (see P19 col 11 par 2 “when the battery covers 114, 116 include the upper and lower vertically extending partitions 146, 150, the covers 114, 116 are virtually leak proof. The alternating vertically extending partitions 146, 150 help develop an airlock between the cell 18A-F and atmospheric vent 138” & see FIG. 4 describes “146” & see FIG. 5 describes “150” & see FIG. 6 “146” & “150”).
PNG
media_image5.png
658
972
media_image5.png
Greyscale
PNG
media_image6.png
397
946
media_image6.png
Greyscale
Miyawaki and Fritts are analogous to the current invention because they are related to the same field of endeavor, namely batteries (see Fritts title) & preventing fire & explosions (see Fritts P15 col 3 par 4).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate alternating vertically extending partitions “146” & “150” as suggested by Fritts (see Fritts P19 col 11 par 2 & FIG. 4 & FIG. 5 & FIG. 6) into the battery module of Miyawaki because doing so “help[s] develop an airlock between the cell 18A-F and atmospheric vent 138”, as suggested by Fritts (see P19 col 11 par 2).
Regarding claim 2, Miyawaki discloses the battery module of claim 1 and further discloses wherein the separators are each planar, and wherein the separators are each arranged parallel to a border between two adjacent ones of the battery cells (see [0069] “partition plates 40a, 40b, 40c, & 40d” & see FIG. 2 describes planar & arranged parallel to a border between two adjacent ones of the battery cells).
Regarding claim 3, Miyawaki discloses the battery module of claim 1 and further discloses further comprising a confining member configured to spatially confine at least a part of the venting space (see FIG. 6 & 7 describe “16 upper wall” & see FIG. 7 describes “side wall 14” & annotated FIG. 7 “Vs”).
Regarding claim 4 and claim 5, Miyawaki discloses the battery module of claim 3 and further discloses in FIG. 2 “21 openings”, but Miyawaki does not explicitly disclose wherein the venting channel openings are ducts having a smaller cross-section than that of the respective venting channel as required by claim 4 nor wherein the ducts are formed by a narrow portion of the corresponding confining member as required by claim 5.
Fritts teaches in P18 col 10 par 2 “The passages 126, 130, 134 which make up the path from the passage entrance 128 to the atmospheric vent 138 are configured to continuously slope from the atmospheric vent 138 to the respective drain hole 124A-F of each cell 18A-F” & “The angled horizontally extending partitions 144 are oriented in a manner preventing entrapment of electrolyte condensate during its return to a cell 18A-F” & see annotated FIG. 4 describes “144” & annotated “N” which describes the duct has a smaller cross-section & narrowed portion.
PNG
media_image7.png
395
362
media_image7.png
Greyscale
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “angled horizontally extending partitions 144” as suggested by Fritts (see P18 col 10 par 2) into the battery module of Miyawaki because doing so allows for “preventing entrapment of electrolyte condensate during its return to a cell 18A-F” as suggested by Fritts (se P18 col 10 par 2).
Regarding claim 6, Miyawaki discloses the battery module of claim 4 and further discloses wherein the confining member comprises a first cover at least partially spaced apart from the venting sides of the battery cells (see FIG. 2 describes “side wall 14” & “11 lid body”) and confining the venting space in the second direction (see annotated FIG. 2).
Regarding claim 7, Miyawaki discloses the battery module of claim 6 and further discloses wherein the venting side of each of the battery cells comprises a first terminal (see FIG. 2 & “120 positive electrode terminal” & see [0062] “discharge valve 170 is positioned between the positive electrode terminal 120”), and wherein, for each of the battery cells, the first cover gas-tightly connects to the venting side of the corresponding battery cell between the first terminal and the venting outlet (see FIG. 2 describes “11 lid body” & “120” & “21 exhaust passage” & “40a, 40b, 40c, 40d” & FIG. 2 describes “side wall 14” & FIG. 3 & [0086] “the partition plate 40a which forms the flow passage 21a in cooperation with the side wall 14 is connected to the lower wall 15 of the outer case 10”; see FIG. 4 describes “40a” connected to “14” between “120 terminal” & see FIG. 2 & “openings 51”; see FIG. 6 describes “lid body 11” & FIG. 7 describes “42 second guide portions”; see [0098] “the second guide portions 42 are formed continuously with the first guide portions 41 in a vertical direction (Z axis direction)” & “continuously” reads on gas-tightly connects).
Regarding claim 8, Miyawaki discloses the battery module of claim 7 and further discloses wherein the venting side of each of the battery cells comprises a second terminal (see FIG. 2 describes “130 electrode terminal” & “170 discharge valves”), wherein the confining member comprises a second cover (see FIG. 6 & 7 describes “16 upper wall” & see FIG. 7 describes “15 lower wall”), and wherein, for each of the battery cells, the second cover gas-tightly connects to the venting side of the corresponding battery cell between the second terminal and the venting outlet (see FIG. 7 describes “42” & “15” & describes “42” & “41” & “170”; see [0098]).
Regarding claim 9, Miyawaki discloses the battery module of claim 8 and further discloses FIG. 3 describes “51” are between “14” & “15”, but does not explicitly disclose wherein the ducts are formed by a space between the first cover and the second cover.
Fritts teaches in FIG. 6 “134 passage” & “alternating vertically extending partitions 146, 150”, see P19 col 11 par 2 “When the battery covers 114, 116 include the upper and lower vertically extending partitions 146, 150, the covers 114, 116 are virtually leak proof. The alternating vertically extending partitions 146, 150 help develop an airlock between the cell 18A-F and atmospheric vent 138.” & FIG. 6 describes covers “116” & “114” & “138 vent” & see FIG. 4 “138”.
PNG
media_image6.png
397
946
media_image6.png
Greyscale
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “146” & “150” as suggested by Fritts (see P19 col 11 par 2 & FIG. 6) into the battery module of Miyawaki because doing so “help[s] develop an airlock between the cell 18A-F and atmospheric vent 138” as suggested by Fritts (see P19 col 11 par 2).
Regarding claim 10, Miyawaki discloses the battery module of claim 1 and further discloses wherein viewed in the third direction, the venting space overlaps the plurality of battery cells and the degassing space is offset from the venting space in the second direction (see FIG. 4 describes “170 discharge valves” & “51 openings” & describes “51” is offset from annotated “VS” & see amended FIG. 7).
PNG
media_image2.png
555
503
media_image2.png
Greyscale
Regarding claim 11, Miyawaki discloses the battery according to claim 10 and further discloses wherein each of the battery cells has a first lateral side facing into the third direction, and wherein the degassing space is adjacent to the first lateral sides (see FIG. 4 describes “100” are arranged into x direction & describes “51” is adjacent to the lateral sides of “100”).
Regarding claim 12, Miyawaki discloses the battery module of claim 11 and further discloses wherein the collection area is planar and is non-parallel to the third direction (see FIG. 4 “21a exhaust passage”), wherein each of the venting channel openings opens into the degassing space in the third direction (see FIG. 4 “170” open into the area above the arrows in “21a”), and wherein the collection area is spaced apart from each of the venting channel openings in the third direction (see annotated FIG. 2 describes a collection area (see annotated “Ca”) & is spaced apart from “170”).
Regarding claim 13, Miyawaki discloses the battery module of claim 1 and further discloses wherein the degassing space is a sidewall chamber of the battery module (see FIG. 7 describes flow direction of the discharged gas & see FIG. 2 describes “21a exhaust passage”).
Regarding claim 14, Miyawaki discloses the battery module of claim 12 and further discloses wherein the degassing space is a floor separation chamber of the battery module (see FIG. 7 describes flow direction of the discharge gas & see FIG. 2 describes “21a”).
Regarding claim 15, Miyawaki discloses the battery module of claim 1, and further discloses a battery system (see FIG. 2 & abstract “energy storage apparatus”).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki (US 20170033343 A1, “Miyawaki”) in view of Fritts et al. (US RE37901 E, “Fritts”), as applied to claim 1, and in further view of Erhart (US 20200112016 A1, “Erhart”).
Regarding claim 16 & claim 17, Miyawaki discloses the battery module of claim 1 & claim 15, but does not explicitly disclose a vehicle.
Erhart teaches a vehicle (see title “battery system for a vehicle).
Miyawaki and Erhart are analogous to the current invention because they are related to the same field of endeavor, namely batteries (see abstract).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the battery system into a vehicle because a skilled artisan would recognize doing so powers the vehicle.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH APPLEGATE whose telephone number is (571)270-0370. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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.
/S.A.A./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
