CTNF 18/496,362 CTNF 99589 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. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS)’s submitted on 12/18/2024 and 01/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections 07-29-01 AIA Claim s 21-22 and 32-34 are objected to because of the following informalities: Claims 21-22 and 32-34 recite "an energy storage" in which should read as "an energy storage module" in view of the specification (i.e., [0007]) and the originally filed claim set . Appropriate correction is required. Claim Rejections - 35 USC § 103 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. 07-20-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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 21-24 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1), as further evidenced by Cheng et al. (CN. Pat. No. 114142136 A) . [AltContent: textbox (Seo et al. (Fig. 2))] PNG media_image1.png 586 878 media_image1.png Greyscale Regarding Claim 21, Seo et al. teaches a battery pack ([0005]), comprising: a heat insulation panel (insulation plate 730); a housing (formed by a top plate 200 , a bottom plate 250 , side plate 300 , and a case cover 450 at the front and rear sides ([0033], [0039], [0042])); and an energy storage module ([0034] teaches a plurality of stacked battery cells 100 in which are electrically connected to each other, forming an equivalent energy storage module), wherein the energy storage is in the housing, and the heat insulation panel is between the energy storage and the housing (Fig. 2). Seo et al. does not teach that the heat insulation panel comprises an outer packaging layer, the heat insulation layer comprises an elastic heat insulation layer and a fire-resistant layer, and the elastic heat insulation layer and the fire-resistant layer are stacked. Hu et al. teaches a heat insulation panel (flame-retardant heat insulation board 100 , para. 51) comprising a heat insulating layer (heat-insulating module 10 such as foam) and a fire-resistant layer (flame-retardant layers 30 such as a mica board) in which the heat insulation layer and the fire-resistant layer are stacked (para. 52-53). Hu et al. provides a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength (para. 10). Cheng et al. is further evidenced to show that the foam can be considered an elastic material; similar to Hu et al., Cheng et al. teaches a heat insulation layer comprising an elastic heat insulation layer (elastic member 25 comprising foam) and a fire-resistant layer (fire proof member 26 comprising two mica boards, para. 46-47). Cheng et al. teaches that the elastic member 25 comprising a foam can increase the energy of absorbing the expansion of the cell 21 , and gives the cell sufficient breathing space to ensure that the cell can achieve uniform force and displacement within 80% of the space (para. 47). The elastic member functions to absorb the assembly gap, the expansion amount of the battery when the battery cell is thermally expanded and prevents the case from breaking, slows down the propagation speed of thermal runaway between cells, and reduces the probability of thermal runaway cells igniting other cells (para. 46). Therefore, the foam heat insulating layer of Hu et al. is deemed equivalent to the elastic heat insulating layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a heat insulation panel comprising an elastic heat insulation layer (such as a foam) and a fire-resistant layer (such as a mica board), in which the elastic heat insulation layer and the fire-resistant layer are stacked as taught by Hu et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength as described above. Seo et al. does not teach wherein the outer packaging layer wraps an outside of the heat insulation layer and is configured to compress a thickness of the elastic heat insulation layer, in a manner that the heat insulation panel is compressed to a compressed state, and a ventilation channel is formed between the heat insulation panel in the compressed state and the energy storage; and wherein the outer packaging layer is configured to release compression of the elastic heat insulation layer when the energy storage reaches a thermal runaway temperature, wherein when the compression of the elastic heat insulation layer is released the elastic heat insulation layer is elastically restored to a free state, and the heat insulation panel in the free state is filled between the housing and the energy storage. Li et al. teaches a heat insulation panel (heat absorption and heat insulation structure) comprising an outer packaging layer (wrappage 10 ) ([0049]) in which can be an aluminum-plastic film ([0058]). The wrappage contains the heat absorbing agent allowing heat insulation to be continued throughout the container 30 forming the heat insulation panel, providing a better heat insulation effect and improving safety of the battery module ([0049]). The wrappage comprises supports to enhance the overall structural strength and prevent expansion and squeezing away the heat absorbing material during thermal runaway ([0018]). Li et al. further teaches that when the battery cell experiences thermal runaway at a thermal runaway temperature, the heat is absorbed by the heat absorption/insulation structure and released ([0049], [0062]); a skilled artisan would understand that the absorption of gas may cause expansion of the heat absorption/insulation structure, while the releasing of heat can cause compression of the structure and materials there within to a normal or free state in which the heat insulating panel is between the housing and the energy storage device. Further, the gas release implicates the presence of a channel or pathway in which the gas is released through. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include an outer packaging layer (aluminum-plastic film) wrapping an outside of the heat insulation panel and configured to vent or release the gas by a ventilation pathway or channel as taught or suggested by Li et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide a better heat insulation effect and improve the safety of the battery module as described above. When performing the described modification, the skilled artisan would take the creative step of wrapping the outer packaging layer disclosed by Li et al. over the heat insulation layer (positionally and functionally corresponding to the heat absorbing agent of Li et al.) of Seo et al. 1 1 A rationale to support a conclusion that a claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S., , 82 USPQ2d 1385, 1395 (2007) (see MPEP §§ 2143 and 2143.02). The skilled artisan recognizes that as the heat insulation panel of Seo et al. in view of Hu et al. and Li et al. discloses all of the positively recited structures of the claimed heat insulation panel, and would therefore be capable of performing the same tasks as the heat insulation panel including: in which the outer packaging layer is configured to compress a thickness of the elastic heat insulation layer to form the ventilation channel; and release a compression of the elastic heat insulation layer when the energy storage reaches the thermal runaway temperature, wherein when the compression of the elastic heat insulation layer is released the elastic heat insulation layer is elastically restored to a free state, and the heat insulation panel in the free state is filled between the housing and the energy storage. Regarding Claim 22, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein the hot melt temperature of the outer packaging layer is the thermal runaway temperature, the outer packaging layer is configured to be in a hot melt damage state to form a hollow part when the energy storage reaches the hot melt temperature, and the hollow part is configured to release compression on the elastic heat insulation layer. Li et al. teaches that the outer packaging layer (wrappage 10 ) comprises a groove 11 configured to form a hollow part when the heat absorbing agent 20 absorbs heat, to generate gas when the pressure inside the wrappage rises and reaches a predetermined value; when the battery operates normally, the sealing property of the groove is ensured, while when the thermal runaway temperature of the battery is reached, gas can be discharged within the heating structure ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include the outer packaging layer comprising a hollow part configured to release compression on the heat insulation layer as taught by Li et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide thermal management of the battery module. Further, a skilled artisan would understand that the rising pressure within the wrappage is caused by the rising temperature of the battery cells. As Li et al. describes that the opening or hollow part of the wrappage is release once thermal runaway of the battery cells is reached and a predetermined pressure is obtained; one of ordinary skill in the art would expect the process limitation to occur in which the exterior of the wrappage reaches the thermal runaway temperature providing a hot melt temperature, causing the hollow part to form by a hot melt damage state. Further, in view of [0060] of the applicant’s specification, the hot melt damage state is defined as a structural damage to the wrappage due to an increase of an ambient temperature to a hot melt temperature, for example, an aluminum-plastic film having a through hole in an area with a rising temperature); therefore, as Li et al. teaches the wrappage as an aluminum-plastic film having a through hole in an area with a rising pressure and/or temperature in which is structural equivalent to the hollow part of the claimed invention, the process by which the hollow part is formed (such as by a hot melt temperature and hot-melt damage state) is not given patentable weight. 2 2 “‘[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.’ In re Thorpe , 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)” (see MPEP 2113(I)). Regarding Claim 23, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. As applied to Claim 21, the battery pack of Seo et al. is modified by Li et al. to include an outer packaging layer that is an aluminum-plastic film. Therefore, all claim limitations are met. Regarding Claim 24, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. As applied to Claim 21, the battery pack of Seo et al. is modified by Hu et al. to include an elastic heat insulation layer that is a foam heat insulation layer. Therefore, all claim limitations are met. Regarding Claim 29, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. As applied to Claim 21, Seo et al. teaches wherein the housing comprises a plurality of side panels (side plates 300, a case cover 450 at the front and rear sides) ([0010]) in which the heat insulation panel (insulation plate 730 ) is provided between an inner side of at least a part of the plurality of side panels and the battery cells. Therefore, a skilled artisan would expect connection between an inner side of at least a part of the plurality of side panels and the heat insulation panel to secure the insulation plate there between, preventing movement and providing effective thermal management. "Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc. , 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)." Regarding Claim 30, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. As applied to Claim 21, the battery pack of Seo et al. is modified by Hu et al. to include an elastic heat insulation layer and a fire-resistant layer. Seo et al. does not teach wherein the elastic heat insulation layer and at least two fire-resistant layers are stacked, and the elastic heat insulation layer is located between two fire-resistant layers of the at least two fire-resistant layers. [AltContent: textbox (Hu et al. (Fig. 1))] PNG media_image2.png 392 541 media_image2.png Greyscale Hu et al. teaches an elastic heat insulation layer (foam heat insulation module 10 ) and at least two fire-resistant layers 30 stacked, and the elastic heat insulation layer is located between the two fire-resistant layers (see Fig. 1, para. 50). Hu et al. provides a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength (para. 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include an elastic heat insulation layer and at least two fire-resistant layers stacked, in which the elastic heat insulation layer is located between two fire-resistant layers of the at least two fire-resistant layers as taught by Hu et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength as described above . 07-22-aia AIA Claim s 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 21 above, and further in view of Jiang et al. (U.S. Pat. No. 20220181715 A1) . Regarding Claim 25, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein a free thickness of the elastic heat insulation layer is within a range of 3 millimeters to 20 millimeters. Jiang et al. teaches an elastic heat insulation layer (a compressible foam layer) comprising a thickness of 0.5 mm to 6 mm with a compression force deflection of 25% (Abstract, [0055]), providing a compression thickness of 0.375 to 4.5 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a thickness of the elastic heat insulation layer of 0.5 to 6 mm as taught by Jiang et al., within and overlapping the claimed range of 3 to 20 mm. "In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)" (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to provide a thermal barrier for use in batteries in which are effective in delaying or preventing thermal runaway as taught by Jiang et al. ([0002]). Further, "applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)." Regarding Claim 26, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein a compression thickness of the elastic heat insulation layer is within a range of 1 millimeter to 6 millimeters. Jiang et al. teaches an elastic heat insulation layer (a compressible foam layer) comprising a thickness of 0.5 mm to 6 mm with a compression force deflection of 25% (Abstract, [0055]) providing a compression thickness of 0.375 to 4.5 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a compression thickness of the elastic heat insulation layer of 0.375 to 4.5 mm as taught by Jiang et al., within and overlapping the claimed range of 1 to 6 mm (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to provide a thermal barrier for use in batteries in which are effective in delaying or preventing thermal runaway as taught by Jiang et al. ([0002]). Further, Jiang et al. teaches the compression force retention provides good compression set resistance and minimal stress relaxation over a broad range of temperatures ([0045]) . 07-22-aia AIA Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 21 above, and further in view of Hwang et al. (U.S. Pat. No. 20220415537 A1 equivalent to KR Pat. No. 20210141095 A) . Regarding Claim 27, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. As applied to Claim 21, the battery pack of Seo et al. is modified by Hu et al. to include a fire resistant layer in which can comprise a mica board. Seo et al. does not teach wherein the fire-resistant layer is at least one of a mica tape layer, a ceramic fiberglass layer, or a silicone rubber layer. Hwang et al. further teaches mica tape having excellent fire resistant and heat resistance properties in which may be used for fire prevention in a battery module/pack ([0002],[0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the fire resistant layer of Seo et al. to include a mica tape layer as taught by Hwang et al. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)" (see MPEP 2144.07). One of ordinary skill in the art would have been motivated to perform the described modification to provide a material that is excellent in both fire and heat resistance properties for fire prevention as described above . 07-22-aia AIA Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 21 above, and further in view of Browning et al. (U.S. Pat. No. 20210376405 A1) . Regarding Claim 28 , Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein a thickness of the fire-resistant layer is within a range of 0.1 millimeter to 0.3 millimeter. Browning et al. teaches exemplary flame barrier layers such as mica-based materials in which can have a thickness of 0.05 mm to 1 mm to provide a physical and thermal barrier between adjacent battery packs ([0003],[0037]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. wherein the fire resistant mica-based material (as previously modified by Hu et al.) comprises a thickness of 0.05 mm to 1 mm ([0037]) as taught by Browning et al., overlapping the claimed range of 0.1 millimeter to 0.3 millimeter (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to determine a suitable thickness of the fire-resistant layer in which provides desirably thin and lightweight layer, while providing a high thermal gradient across the material when exposed to high temperature on one side of the material as taught by Browning et al. ([0005]) . 07-22-aia AIA Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 21 above, and further in view of Park (KR Pat. No. 102560566 B1 equivalent to KR Pat. No. 20220113081 A) . Regarding Claim 31 , Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein a silicone layer is disposed between the elastic heat insulation layer and the fire-resistant layer, and the elastic heat insulation layer and the fire-resistant layer are fastened by using the silicone layer. Park teaches a silicon layer disposed between heat insulation layers for fastening there between ([0018]-[0019]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a silicone layer disposed between the insulation layers as taught by Park. One of ordinary skill in the art would have been motivated to perform the described modification to secure the insulations layers to one another as described above. When performing the described modification, it would be obvious to include the silicone layer disposed between the elastic heat insulation layer and the fire-resistant layer of Seo et al. as modified in which the elastic heat insulation layer and the fire-resistant layer are fastened by using the silicone layer. 3 Further, "applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)." 3 "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton ." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ" Id. at 418, 82 USPQ2d at 1396. (see MPEP 2141.03.I) . 07-22-aia AIA Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Hu et al. (CN. Pat. No. 111834575 A) and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 21 above, and further in view of Zhu et al. (U.S. Pat. No. 20230012679 A1 equivalent to WO Pat. No. 2021108989 A1), Tanabe (JP. Pat. No. 2022028487 A), and Giron (U.S. Pat. No. 20220231359 A1) . Regarding Claim 32, Seo et al. is modified by Hu et al. and Li et al. teaching all claim limitations as applied to Claim 21 above. Seo et al. does not teach wherein the housing comprises a first panel and a second panel that are disposed at an interval, and the first panel is located on a side of the second panel away that faces away from the energy storage, a first heat dissipation hole extends in the first panel, a second heat dissipation hole extends in the second panel, and the first heat dissipation hole and the second heat dissipation hole communicate in a staggered manner; wherein the heat insulation panel is disposed in an interlayer space between the first panel and the second panel, and a third heat dissipation hole extends in the heat insulation panel; wherein the heat insulation panel is attached to the first panel, the first heat dissipation hole and the third heat dissipation hole communicate in a straight-through manner, and the second heat dissipation hole and the third heat dissipation hole communicate in a staggered manner; or the heat insulation panel is attached to the second panel, the first heat dissipation hole and the third heat dissipation hole communicate in a staggered manner, and the second heat dissipation hole and the third heat dissipation hole communicate in a straight-through manner; and wherein: when the heat insulation panel is in the compressed state, the first heat dissipation hole, the second heat dissipation hole, and the third heat dissipation hole are connected; and when the heat insulation panel is in the free state, the heat insulation panel is configured to prevent the first heat dissipation hole from being connected to the second heat dissipation hole. [AltContent: textbox (Zhu et al. (Fig. 8))] PNG media_image3.png 316 488 media_image3.png Greyscale Zhu et al. teaches a housing 301 comprising a first panel comprising a first heat dissipation hole (outer hole 3031 ) connected to a second dissipation hole (inner hole 3032 ) through the connection channel 3033 ; the first and second heat dissipation hole are displaced in position to allow the high temperature gas to cool in the connecting channel ([0022],[0085], Figs. 8-9). Tanabe et al. teaches adjacent insulating film provided between the housing and electrode body in which the holes of the adjacent insulating films are displace to prevent the housing from being short-circuited through the holes and to secure an insulating distance there between (Fig. 1, para. 11 of “Description”). Giron teaches a battery casing comprising an outer layer (8) (first panel) and an inner layer (9) (second panel) with an insulation layer (7) in between to allow the casing to be sealed ([0040]-[0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. in which a (front or rear) first panel is provided with a first heat dissipation hole on an outer surface away from the energy storage housing, and a second dissipation hole on an inner surface in which the first and second hole are in communication in a staggered manner as taught by Zhu et al. (One of ordinary skill in the art would have been motivated to perform the described modification to allow the high temperature gas to sufficiently cool in the connecting channel); and to provide an insulating film with holes in which are displaced to prevent the housing from being short circuited through the holes as taught by Tanabe et al.; and to form a first panel and in inner second panel with an insulation layer disposed between to allow effective PNG media_image4.png 389 726 media_image4.png Greyscale [AltContent: textbox (Zhu et al. (Fig. 9))] sealing of the casing as taught by Giron. Please reference annotated Figure 9 of Zhu et al.: when performing the described modification, the elements of the claimed invention are obvious in view of the creative steps employed by a skilled artisan. As shown, it would be obvious to split the housing of Zhu to comprise a first panel and a second panel (based on the teachings of Giron) that are disposed at an interval (based on the teachings of Zhu et al. in which the first dissipation hole and second dissipation hole are staggered), in which the first panel is located on a side of the second panel that faces away from the energy storage module, a first heat dissipation hole extends in the first panel, a second heat dissipation hole extends in the second panel, and the first heat dissipation hole and the second heat dissipation hole communicate in a staggered manner; wherein the heat insulation panel is disposed in an interlayer space between the first panel and the second panel (based on the teachings of Giron), and a third heat dissipation hole extends in the heat insulation panel (based on the teachings of Tanabe and Giron); wherein the heat insulation panel is attached to the first panel, the first heat dissipation hole and the third heat dissipation hole communicate in a straight-through manner, and the second heat dissipation hole and the third heat dissipation hole communicate in a staggered manner (as shown in annotated Fig. 9 of Zhu et al., the location of the dissipation hole can be determined by a skilled artisan, see annotated “potential third dissipation hole”); or the heat insulation panel is attached to the second panel, the first heat dissipation hole and the third heat dissipation hole communicate in a staggered manner, and the second heat dissipation hole and the third heat dissipation hole communicate in a straight-through manner; and wherein: when the heat insulation panel is in the compressed state, the first heat dissipation hole, the second heat dissipation hole, and the third heat dissipation hole are connected (see annotated Fig. 9 of Zhu et al.). The prior art discloses all of the claim limitations as set forth above, but the reference does not explicitly disclose or suggest the precise placement of the third dissipation hole of the insulation layer with respect to the first panel and second panel and the first and second dissipation hole thereof, based on the proposed modification. As Tanabe et al. recognizes that the prevention of short-circuiting and providing sufficient insulation are variables that can be modified, among others, by adjusting said displacement of the dissipation hole within the insulation layer (Tanabe et al., para. 11 of “Description”) , the precise relationship between the first, second, and third dissipation holes is considered a known result effective variable by a skilled artisan. As such, without showing unexpected results, the relationship between the dissipation holes cannot be considered critical. According, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the displacement of the holes in the battery pack to obtain the desired balance between preventing the housing from being short-circuited through the holes and providing sufficient insulation (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art ( In re Aller, 105 USPQ 223). As all structural limitations are taught or suggested by the modification of the prior art in view of the creative steps a skilled artisan would employ, one of ordinary skill in the art would expect the housing to perform the same tasks and functions including wherein, when the heat insulation panel is in the free state, the heat insulation panel is configured to prevent the first heat dissipation hole from being connected to the second heat dissipation hole . 07-21-aia AIA Claim s 33-36 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Mantea (U.S. Pat. No. 20200016984 A1), Hu et al. (CN. Pat. No. 111834575 A), and Li et al. (U.S. Pat. No. 20200287252 A1), as further evidenced by Cheng et al. (CN. Pat. No. 114142136 A) . Regarding Claim 33, Seo et al. teaches a battery pack ([0005]), comprising: a heat insulation panel (insulation plate 730); a housing (formed by a top plate 200 , a bottom plate 250 , side plate 300 , and a case cover 450 at the front and rear sides ([0033], [0039], [0042])); and an energy storage module ([0034] teaches a plurality of stacked battery cells 100 in which are electrically connected to each other, forming an equivalent energy storage module), wherein the energy storage is in the housing, and the heat insulation panel is between the energy storage and the housing (Fig. 2). Seo et al. does not teach a battery system, comprising the battery pack, a mounting rack, wherein the battery pack is connected to the mounting rack. Mantea teaches a battery system comprising a battery pack and mounting rack wherein the battery pack is connected to the mounting rack; said configuration allows for the battery packs to be secured and efficiently transported ([0100]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a battery system comprising the battery pack and a mounting rack, wherein the battery pack is connected to the mounting rack as taught by Mantea. One of ordinary skill in the art would have been motivated to perform the described modification to efficiently transport the battery pack as described above. Seo et al. does not teach that the heat insulation panel comprises an outer packaging layer, the heat insulation layer comprises an elastic heat insulation layer and a fire-resistant layer, and the elastic heat insulation layer and the fire-resistant layer are stacked. Hu et al. teaches a heat insulation panel (flame-retardant heat insulation board 100 , para. 51) comprising a heat insulating layer (heat-insulating module 10 such as foam) and a fire-resistant layer (flame-retardant layers 30 such as a mica board) in which the heat insulation layer and the fire-resistant layer are stacked (para. 52-53). Hu et al. provides a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength (para. 10). Cheng et al. is further evidenced to show that the foam can be considered an elastic material; similar to Hu et al., Cheng et al. teaches a heat insulation layer comprising an elastic heat insulation layer (elastic member 25 comprising foam) and a fire-resistant layer (fire proof member 26 comprising two mica boards, para. 46-47). Cheng et al. teaches that the elastic member 25 comprising a foam can increase the energy of absorbing the expansion of the cell 21 , and gives the cell sufficient breathing space to ensure that the cell can achieve uniform force and displacement within 80% of the space (para. 47). The elastic member functions to absorb the assembly gap, the expansion amount of the battery when the battery cell is thermally expanded and prevents the case from breaking, slows down the propagation speed of thermal runaway between cells, and reduces the probability of thermal runaway cells igniting other cells (para. 46). Therefore, the foam heat insulating layer of Hu et al. is deemed equivalent to the elastic heat insulating layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a heat insulation panel comprising an elastic heat insulation layer (such as a foam) and a fire-resistant layer (such as a mica board), and the elastic heat insulation layer and the fire-resistant layer are stacked as taught by Hu et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide a flame-retardant heat insulation board that has good flame retardancy, strong heat insulation, excellent insulation, and high strength as described above. Seo et al. does not teach wherein the outer packaging layer wraps an outside of the heat insulation layer and is configured to compress a thickness of the elastic heat insulation layer, in a manner that the heat insulation panel is compressed to a compressed state, and a ventilation channel is formed between the heat insulation panel in the compressed state and the energy storage; and wherein the outer packaging layer is configured to release compression of the elastic heat insulation layer when the energy storage reaches a thermal runaway temperature, wherein when the compression of the elastic heat insulation layer is released the elastic heat insulation layer is elastically restored to a free state, and the heat insulation panel in the free state is filled between the housing and the energy storage. Li et al. teaches a heat insulation panel (heat absorption and heat insulation structure) comprising an outer packaging layer (wrappage 10 ) ([0049]) in which can be an aluminum-plastic film ([0058]). The wrappage contains the heat absorbing agent allowing heat insulation to be continued throughout the container 30 forming the heat insulation panel, providing a better heat insulation effect and improving safety of the battery module ([0049]). The wrappage comprises supports to enhance the overall structural strength and prevent expansion and squeezing away the heat absorbing material during thermal runaway ([0018]). Li et al. further teaches that when the battery cell experiences thermal runaway at a thermal runaway temperature, the heat is absorbed by the heat absorption/insulation structure and released ([0049], [0062]); a skilled artisan would understand that the absorption of gas may cause expansion of the heat absorption/insulation structure, while the releasing of heat can cause compression of the structure and materials there within to a normal or free state in which the heat insulating panel is between the housing and the energy storage device. Further, the gas release implicates the presence of a channel or opening to allow said gas release. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include an outer packaging layer (aluminum-plastic film) wrapping an outside of the heat insulation panel and configured to vent or release the gas by a ventilation channel as taught or suggested by Li et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide a better heat insulation effect and improve the safety of the battery module as described above. When performing the described modification, the skilled artisan would wrap the outer packaging layer disclosed by Li et al. over the heat insulation layer of Seo et al. 1 The skilled artisan recognizes that as the heat insulation panel of Seo et al. in view of Hu et al. and Li et al. discloses all of the positively recited structures of the claimed heat insulation panel, and would therefore be capable of performing the same tasks as the heat insulation panel including: in which the outer packaging layer is configured to compress a thickness of the elastic heat insulation layer to form the ventilation channel; and release a compression of the elastic heat insulation layer when the energy storage reaches the thermal runaway temperature, wherein when the compression of the elastic heat insulation layer is released the elastic heat insulation layer is elastically restored to a free state, and the heat insulation panel in the free state is filled between the housing and the energy storage. Regarding Claim 34, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. Seo et al. does not teach wherein the hot melt temperature of the outer packaging layer is the thermal runaway temperature, the outer packaging layer is configured to be in a hot melt damage state to form a hollow part when the energy storage reaches the hot melt temperature, and the hollow part is configured to release compression on the elastic heat insulation layer. Li et al. teaches that the outer packaging layer (wrappage 10 ) comprises a groove 11 configured to form a hollow part when the heat absorbing agent 20 absorbs heat, to generate gas when the pressure inside the wrappage rises and reaches a predetermined value; when the battery operates normally, the sealing property of the groove is ensured, while when the thermal runaway temperature of the battery is reached, gas can be discharged within the heating structure ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include the outer packaging layer comprising a hollow part configured to release compression on the heat insulation layer as taught by Li et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide thermal management of the battery module. Further, a skilled artisan would understand that the rising pressure within the wrappage is caused by the rising temperature of the battery cells. As Li et al. describes that the opening or hollow part of the wrappage is release once thermal runaway of the battery cells is reached and a predetermined pressure is obtained; one of ordinary skill in the art would expect the process limitation to occur in which the exterior of the wrappage reaches the thermal runaway temperature providing a hot melt temperature, causing the hollow part to form by a hot melt damage state. Further, in view of [0060] of the applicant’s specification, the hot melt damage state is defined as a structural damage to the wrappage due to an increase of an ambient temperature to a hot melt temperature, for example, an aluminum-plastic film having a through hole in an area with a rising temperature); therefore, as Li et al. teaches the wrappage as an aluminum-plastic film having a through hole in an area with a rising pressure and/or temperature in which is structural equivalent to the hollow part of the claimed invention, the process by which the hollow part is formed (such as by a hot melt temperature and hot-melt damage state) is not given patentable weight. 2 Regarding Claim 35, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. As applied to Claim 33, the battery pack of Seo et al. is modified by Li et al. to include an outer packaging layer that is an aluminum-plastic film. Therefore, all claim limitations are met. Regarding Claim 36, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. As applied to Claim 33, the battery pack of Seo et al. is modified by Hu et al. to include an elastic heat insulation layer that is a foam heat insulation layer. Therefore, all claim limitations are met . 07-22-aia AIA Claim s 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Mantea (U.S. Pat. No. 20200016984 A1), Hu et al. (CN. Pat. No. 111834575 A), and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 33 above, and further in view of Jiang et al. (U.S. Pat. No. 20220181715 A1) . Regarding Claim 37, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. Seo et al. does not teach wherein a free thickness of the elastic heat insulation layer is within a range of 3 millimeters to 20 millimeters. Jiang et al. teaches an elastic heat insulation layer (a compressible foam layer) comprising a thickness of 0.5 mm to 6 mm with a compression force deflection of 25% (Abstract, [0055]), providing a compression thickness of 0.375 to 4.5 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a thickness of the elastic heat insulation layer of 0.5 to 6 mm as taught by Jiang et al., within and overlapping the claimed range of 3 to 20 mm. "In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)" (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to provide a thermal barrier for use in batteries in which are effective in delaying or preventing thermal runaway as taught by Jiang et al. ([0002]). Further, "applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)." Regarding Claim 38, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. Seo et al. does not teach wherein a compression thickness of the elastic heat insulation layer is within a range of 1 millimeter to 6 millimeters. Jiang et al. teaches an elastic heat insulation layer (a compressible foam layer) comprising a thickness of 0.5 mm to 6 mm with a compression force deflection of 25% (Abstract, [0055]) providing a compression thickness of 0.375 to 4.5 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. to include a compression thickness of the elastic heat insulation layer of 0.375 to 4 .5 mm as taught by Jiang et al., within and overlapping the claimed range of 1 to 6 mm (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to provide a thermal barrier for use in batteries in which are effective in delaying or preventing thermal runaway as taught by Jiang et al. ([0002]). Further, Jiang et al. teaches the compression force retention provides good compression set resistance and minimal stress relaxation over a broad range of temperatures ([0045]) . 07-22-aia AIA Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Mantea (U.S. Pat. No. 20200016984 A1), Hu et al. (CN. Pat. No. 111834575 A), and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 33 above, and further in view of Hwang et al. (U.S. Pat. No. 20220415537 A1 equivalent to KR Pat. No. 20210141095 A) . Regarding Claim 39, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. As applied to Claim 33, the battery pack of Seo et al. is modified by Hu et al. to include a fire resistant layer in which can comprise a mica board. Seo et al. does not teach wherein the fire-resistant layer is at least one of a mica tape layer, a ceramic fiberglass layer, or a silicone rubber layer. Hwang et al. further teaches mica tape having excellent fire resistant and heat resistance properties in which may be used for fire prevention ([0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the fire resistant layer of Seo et al. to include a mica tape layer as taught by Hwang et al. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)" (see MPEP 2144.07). One of ordinary skill in the art would have been motivated to perform the described modification to provide a material that is excellent in both fire and heat resistance properties for fire prevention as described above . 07-22-aia AIA Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Pat. No. 20200194851 A1) in view of Mantea (U.S. Pat. No. 20200016984 A1), Hu et al. (CN. Pat. No. 111834575 A), and Li et al. (U.S. Pat. No. 20200287252 A1) as applied to Claim 33 above, and further in view of Browning et al. (U.S. Pat. No. 20210376405 A1) . Regarding Claim 40, Seo et al. is modified by Mantea, Hu et al., and Li et al. teaching all claim limitations as applied to Claim 33 above. Seo et al. does not teach wherein a thickness of the fire-resistant layer is within a range of 0.1 millimeter to 0.3 millimeter. Browning et al. teaches exemplary flame barrier layers such as mica-based materials in which can have a thickness of 0.05 mm to 1 mm ([0037]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery pack of Seo et al. wherein the fire resistant mica-based material (as previously modified by Hu et al.) comprises a thickness of 0.05 mm to 1 mm ([0037]), overlapping the claimed range of 0.1 millimeter to 0.3 millimeter (see MPEP 2144.05.I). One of ordinary skill in the art would have been motivated to perform the described modification to determine a suitable thickness of the fire-resistant layer in which provides desirably thin and lightweight layer, while providing a high thermal gradient across the material when exposed to high temperature on one side of the material as taught by Browning et al. ([0005]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA RENEE DAULTON whose telephone number is (703)756-5413. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 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, ULA RUDDOCK can be reached at (571) 272-1481. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.R.D./Examiner, Art Unit 1729 /ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729 Application/Control Number: 18/496,362 Page 2 Art Unit: 1729 Application/Control Number: 18/496,362 Page 3 Art Unit: 1729 Application/Control Number: 18/496,362 Page 4 Art Unit: 1729 Application/Control Number: 18/496,362 Page 5 Art Unit: 1729 Application/Control Number: 18/496,362 Page 6 Art Unit: 1729 Application/Control Number: 18/496,362 Page 7 Art Unit: 1729 Application/Control Number: 18/496,362 Page 9 Art Unit: 1729 Application/Control Number: 18/496,362 Page 10 Art Unit: 1729 Application/Control Number: 18/496,362 Page 11 Art Unit: 1729 Application/Control Number: 18/496,362 Page 12 Art Unit: 1729 Application/Control Number: 18/496,362 Page 13 Art Unit: 1729 Application/Control Number: 18/496,362 Page 14 Art Unit: 1729 Application/Control Number: 18/496,362 Page 15 Art Unit: 1729 Application/Control Number: 18/496,362 Page 16 Art Unit: 1729 Application/Control Number: 18/496,362 Page 17 Art Unit: 1729 Application/Control Number: 18/496,362 Page 18 Art Unit: 1729 Application/Control Number: 18/496,362 Page 19 Art Unit: 1729 Application/Control Number: 18/496,362 Page 20 Art Unit: 1729 Application/Control Number: 18/496,362 Page 21 Art Unit: 1729 Application/Control Number: 18/496,362 Page 22 Art Unit: 1729 Application/Control Number: 18/496,362 Page 23 Art Unit: 1729 Application/Control Number: 18/496,362 Page 24 Art Unit: 1729 Application/Control Number: 18/496,362 Page 25 Art Unit: 1729
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