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 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.
Claims 11-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11, line 1 establishes a second strap installation slot without having established a first strap installation slot. Is there supposed to be a first strap installation slot as well, or is “a second strap installation slot” meant to be a first strap installation slot? As claims 12-14 depend either directly or indirectly from claim 11, they are rejected for the same reason
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, 16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2021/0288372; hereinafter “Kim”).
Regarding claim 1, Kim teaches a battery module comprising a battery cell assembly (see Fig. 1) and a fire extinguishing member (cover member 30, see Figs. 1-2; [0040]), wherein the battery cell assembly comprises a plurality of battery cell frames (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) and a plurality of battery cells (secondary battery cell C, see Figs. 1-3; [0041]), the plurality of the battery cell frames (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) are arranged sequentially along a length direction of the battery module (see Fig. 1), at least one battery cell (secondary battery cell C, see Figs. 1-3; [0041]) is provided in at least some of the battery cell frames (see Fig. 3); each battery cell frame (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) is provided with a fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12), and the fire extinguishing slots on the plurality of the battery cell frames are communicated to each other to form a fire extinguishing channel (see Figs. 1-3), the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) is arranged in the fire extinguishing channel (see Figs. 1-3); the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12) extends along the length direction of the battery module (see Figs. 1-3), and the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12) extends through the battery cell frame (see Fig. 3), the fire extinguishing channel (see Figs. 1-3) extends along the length direction of the battery module (see Figs. 1-3), and the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) extends along the length direction of the battery module in the fire extinguishing channel (see Figs. 1-3).
Regarding claim 3, Kim teaches wherein the battery cell (electrode tab E, see Fig. 3; [0054]) is provided with a tab (electrode tab E, see Fig. 3; [0054]), and the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12) is arranged on one side of the battery cell frame (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) where the tab of the battery cell is located (see Figs. 1-3).
Regarding claim 4, Kim teaches wherein the battery cell frame (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) includes a cover plate (see Fig. 3), the cover plate is arranged on the side of the battery cell frame (combination of cell support member 11 and case member 12, see Figs. 1-3; [0041]) where the tab (electrode tab E, see Fig. 3; [0054]) of the battery cell (electrode tab E, see Fig. 3; [0054]) is located (see Fig. 3), and the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12) is provided on the cover plate (see Fig. 3).
Regarding claims 16, 18, and 19, Kim teaches wherein the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) is an elongated strip structure (see Figs. 1-2), and the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) extends from one end of the fire extinguishing channel (see Figs. 1-3) to the opposite end of the fire extinguishing channel (see Figs. 1-3).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0288372).
Regarding claim 5, Kim is silent to wherein the cover plate is provided with a through hole for the tab of the battery cell to pass out. However, as Kim teaches that the electrode tab E of the secondary battery cell C may be exposed externally of the (combination of support member 11 and case member 12; see [0046]), it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize any type of through hole in the cover plate to expose the electrode tab.
Regarding claim 6, Kim teaches wherein the battery cell (secondary battery cell C, see Fig. 3) is provided with two tabs located on the same side (see Fig. 3 – can be equated to each tab on the right side toward the electrode “E” tab of each of the upper and lower battery cells C; alternatively, Kim teaches that electrode tabs can be disposed on one side, see [0012]), and the two tabs are spaced apart from each other (see Fig. 3); the cover plate is arranged on the side of the battery cell frame where the tabs of the battery cell are located (see Fig. 3), and there are two through holes on the cover plate, the two through holes correspond to the two tabs (Kim teaches that the electrode tab E of the secondary battery cell C may be exposed externally of the frame (combination of support member 11 and case member 12; see [0046]), and so it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize any type of through hole in the cover plate to expose each electrode tab), respectively, and the fire extinguishing slot is arranged between the two through holes, and/or the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into Kim’s frame, the combination of cell support member 11 and case member 12) is arranged on an outer side of the two through holes (see Fig. 3).
Regarding claim 7, Kim teaches wherein the battery cell frame further comprises a thermal conductive frame (see Fig. 3 rest of frame connected to the cover plate), the thermal conductive frame is provided with an installation groove, and the battery cell is installed in the installation groove (see Fig. 3 – secondary battery cell C installed in the groove of frame, the combination of cell support member 11 and case member 12).
Regarding claim 9, Kim teaches wherein the battery cell is provided with two tabs located on opposite sides (secondary battery cell C can have electrode tabs disposed on both sides, see [0012] and Fig. 3), the battery cell frame comprises two cover plates (see Fig. 3), the two cover plates are respectively arranged on the opposite sides of the battery cell (see Fig. 3), and the two cover plates correspond to the two tabs of the battery cell, respectively (see Fig. 3), wherein each cover plate is provided with one through hole (Kim teaches that the electrode tab E of the secondary battery cell C may be exposed externally of the frame (combination of support member 11 and case member 12; see [0046]), and so it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize any type of through hole each cover plate to expose each electrode tab), and the fire extinguishing slot (see Figs. 1-3 – equated to space where cover member 30 fits into on each cell support member 11) is arranged on one side (see Figs. 1-3) or opposite two sides of the through hole.
Regarding claim 10, Kim teaches wherein the battery module further comprises a busbar (bus bar B, see Figs. 1-3; [0046]), the busbar is arranged on one side of the cover plate away from the battery cell (see Figs. 1-3 – cover plate is between bus bar B and battery cell C). Kim is silent to wherein the busbar is provided with a slit for the tab of the battery cell to pass out, the tab of the battery cell passes through the through hole and the slit in sequence and is electrically connected to the busbar. However, Kim teaches that the bus bar B may be fastened to the electrode tab E, and the secondary battery cell C may be electrically connected to an external entity through the bus bar B (see [0046]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the busbar of Kim to include a slit for the tab of the battery cell to pass out, the tab of the battery cell passes through the through hole and the slit in sequence and is electrically connected to the busbar in order to electrically connect the electrode tab E to the bus bar B in order to electrically connect the secondary battery cell C to an external entity through the bus bar B.
Regarding claim 20, Kim teaches wherein the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) is an elongated strip structure (see Figs. 1-2), and the fire extinguishing member (cover member 30, see Figs. 1-2; [0040]) extends from one end of the fire extinguishing channel (see Figs. 1-3) to the opposite end of the fire extinguishing channel (see Figs. 1-3).
Claim(s) 2 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, respectively, and further in view of Ryu et al. (US 2019/0348649, hereinafter “Ryu”).
Regarding claim 2, Kim teaches that since the flame or gas may be induced in a desired direction through the flame passage F1 (which is inside cover member 30, which is equated to the claimed fire extinguishing member), the energy storage system 100 may be connected to a supply and exhaust apparatus and fire extinguishing facilities (see [0112]). Also, since the flame and gas may emit heat through the side cover 110 or the blocking member 170, the possibility of spreading of fire caused by the temperature of heat may be reduced through the cooling (see [0113]).
However, Kim is silent to wherein a first fire extinguishing material is provided inside the fire extinguishing member, when a temperature of the fire extinguishing member reaches its melting point, the fire extinguishing member bursts so as to release the first fire extinguishing material inside the fire extinguishing member.
Ryu teaches a fire extinguishing cell 30 that includes an agent tube 31 (see Fig. 5; [0057]). The agent tube 31 is a tube made of a resin that accommodates the fire extinguishing agent therein. If the temperature of the battery module rises so that the temperature of the space where the agent tube 31 is installed reaches a reference temperature, the agent tube 31 is broken so that the fire extinguishing agent is ejected (see [0058]). That is, the agent tube 31 corresponds to an accommodating container made of a resin that maintains a sealed state at a normal use temperature of the battery module but is melted and opened at the reference temperature or above (see [0059]). The fire extinguishing agent accommodated in the agent tube 31 may employ a variety of fire extinguishing agents that are used for common fire extinguishment, regardless of whether its phase is powder, liquid or gas, and its detailed components are also not specially limited. In addition, its fire extinguishing principle is also capable of adopting extinguishment by smothering, cooling fire extinguishment, or both of them (see [0060]).
In view of Ryu’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery module of Kim to include wherein a first fire extinguishing material is provided inside the fire extinguishing member, when a temperature of the fire extinguishing member reaches its melting point, the fire extinguishing member bursts so as to release the first fire extinguishing material inside the fire extinguishing member, as taught by Ryu, because it would help to extinguish any fires that spread into the cover member 30 of Kim.
Regarding the functional language (e.g., when a temperature of the fire extinguishing member reaches its melting point, the fire extinguishing member bursts so as to release the first fire extinguishing material inside the fire extinguishing member), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 17, the combination of Kim and Ryu teaches wherein the fire extinguishing member is an elongated strip structure (Kim: cover member 30, see Figs. 1-2; [0040]), and the fire extinguishing member extends from one end of the fire extinguishing channel to the opposite end of the fire extinguishing channel (Kim: cover member 30, see Figs. 1-2; [0040]).
Claim(s) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claims 7 and 1 above, respectively, and further in view of Gunna et al. (US 2016/0036018; hereinafter “Gunna”).
Regarding claim 8, Kim is silent to wherein the thermal conductive frame is provided with a first strap installation slot for installing a strap.
Gunna teaches the top surface 60 of each array frame 54 may additionally include one or more recessed grooves 92 (see FIG. 3A). In one embodiment, each recessed groove 92 extends between the first side 84 and the second side 86 of the top surface 60 and is disposed between a rigid snap arm 82A and a flexible snap arm 82B on the first side 84 and the second side 86. The recessed grooves 92 of adjacent array frames 54 align with one another to accommodate tension straps 94 (see FIG. 5). The tension straps 94 bind the battery array 78 in a lengthwise direction to maintain a consistent array length and resist bulging of the battery cells 56 during certain conditions. The recessed grooves 92 seat the tension straps 94 flush with the top surfaces 60 of the array frames 54 to avoid interfering with additional arrays that may be stacked on top of the battery array 78. In another embodiment, as shown in FIGS. 4A and 4B, the bottom surface 62 of each array frame 54 can be equipped with one or more recessed grooves 92. The recessed grooves 92 may accommodate additional tension straps 94 that extend along a bottom of the battery array 78 (see [0063]-[0066]).
In view of Gunna’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery module of Kim to include wherein the thermal conductive frame is provided with a first strap installation slot because they can accommodate straps used to bind the battery array in a lengthwise direction to maintain a consistent array length and resist bulging of the battery cells during certain conditions. Additionally, the recessed grooves seat the tension straps flush with the top surfaces of the array frames to avoid interfering with additional arrays that may be stacked on top of the battery array.
Regarding the functional language (e.g., for installing a strap), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 11. The battery module as claimed in claim 1, wherein a second strap installation slot for installing the strap is provided on a bottom wall of the fire extinguishing slot.
Gunna teaches the top surface 60 of each array frame 54 may additionally include one or more recessed grooves 92 (see FIG. 3A). In one embodiment, each recessed groove 92 extends between the first side 84 and the second side 86 of the top surface 60 and is disposed between a rigid snap arm 82A and a flexible snap arm 82B on the first side 84 and the second side 86. The recessed grooves 92 of adjacent array frames 54 align with one another to accommodate tension straps 94 (see FIG. 5). The tension straps 94 bind the battery array 78 in a lengthwise direction to maintain a consistent array length and resist bulging of the battery cells 56 during certain conditions. The recessed grooves 92 seat the tension straps 94 flush with the top surfaces 60 of the array frames 54 to avoid interfering with additional arrays that may be stacked on top of the battery array 78. In another embodiment, as shown in FIGS. 4A and 4B, the bottom surface 62 of each array frame 54 can be equipped with one or more recessed grooves 92. The recessed grooves 92 may accommodate additional tension straps 94 that extend along a bottom of the battery array 78 (see [0063]-[0066]).
In view of Gunna’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery module of Kim to include wherein the thermal conductive frame is provided with a first strap installation slot because they can accommodate straps used to bind the battery array in a lengthwise direction to maintain a consistent array length and resist bulging of the battery cells during certain conditions. Additionally, the recessed grooves seat the tension straps flush with the top surfaces of the array frames to avoid interfering with additional arrays that may be stacked on top of the battery array.
Though the combination of Kim and Gunna is silent to wherein the second strap installation slot is provided on a bottom wall of the fire extinguishing slot, absent persuasive evidence to the contrary, the particular placement of the second strap installation slot to be on a bottom wall of the fire extinguishing slot is merely a design choice that would have been obvious to one of ordinary skill in the art at the time the invention was filed. See MPEP §2144.04(VI)(C).
Regarding the functional language (e.g., for installing a strap), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Allowable Subject Matter
Claim 15 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 15: The prior art, either taken alone or in combination, fails to teach:
wherein the battery module further comprises a protective plate, the protective plate is arranged on one side of the battery cell assembly where the fire extinguishing member is located; the protective plate is provided with an opening at a position corresponding to the fire extinguishing member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HA whose telephone number is (571)270-5934. The examiner can normally be reached M-F 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.S.H/Examiner, Art Unit 1735 13 June 2026
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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