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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7-10, and 20-21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim et al. (US 20190181405 A1).
Regarding claim 1:
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Figure 4
Kim et al. teaches in Figure 4 above a module frame 120, i.e. support with an I-shaped cross section, may include top and bottom plates 121, 122, i.e. an upper flat part and a lower flat part, which would necessarily be used as an upper cover plate for a housing of a battery and a lower cover plate for a housing of a battery. The top and bottom plates are arranged to face each other and vertically spaced from each other at a predetermined interval, and at least one barrier 123, i.e. a connecting part, having top and bottom ends respectively connected to the lower surface of the top plate 121 and the upper surface of the bottom plate vertically, i.e. two ends of the connecting part are fixedly connected to the upper flat part and the lower flat part respectively ([0051]).
Regarding claim 2:
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Figure 10
Kim et al teaches in Figure 4 and Figure 10 above a cooling water flows into the barrier 123, and the accommodation holes 123a provided at the barrier 123 extend from the front end of the barrier to the rear end thereof to form the flow path F ([0084]), i.e. the connecting part is penetrated by the coolant channel along a length thereof.
Regarding claim 3:
Kim et al. teaches the top and bottom plates and the barrier of the module frame are elements conceptually distinct from each other and may be molded integrally, i.e. the support is an integrally formed structure ([0051]).
Regarding claim 4:
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Figure 1
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Figure 2
Kim et al. teaches in Figure 1 and Figure 2 above a front and rear cover 150, 160 may be mounted to the front and rear surfaces of the module frame 120 to which the left and right side plates 130, 140 are coupled ([0057], [0060]), which would necessarily form a first and second accommodation cavity with the module frame. Kim et al. also teaches in Figure 4 above a first side of the module frame and a second side of the module frame are opposite to each other.
Although Kim et al. does not disclose welding, it is noted that “[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). Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113.
Therefore, absent evidence of criticality regarding the presently claimed process and given that Kim et al. meets the requirements of the claimed support, Kim et al. clearly meets the requirements of the present claims.
Regarding claim 5:
Kim et al. teaches in Figure 2 above the front and rear covers 150, 160 are structures with a cover form that are mounted to the front and rear surfaces of the module frame 120 ([0060]), and a module/tray connection member 170, i.e. connecting frame, is a component for fixing the battery module 100 to the pack tray 200 ([0063]).
Regarding claim 7-9:
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Figure 5
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Figure 7
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Figure 9
Kim et al. teaches in Figure 2, Figure 5, and Figure 7 above the plurality of first connection rods 172, i.e. front/rear protrusion, may be fitted into accommodation holes 123a, i.e. front/rear engaging slot, formed at the front and rear ends of the barrier 123 by tapping, i.e. the front connecting frame is engaged with a first end of the support and the rear connecting frame is engaged with a second end of the support ([0065]).
Kim et al. teaches in Figure 2 and 9 above a second connection rod 173 may be configured to be exposed to the outside through the front and rear covers 150, 160, i.e. the front/rear cover is opened with a front/rear positioning slot. The portion of the second connection rod 173 exposed out of the front and rear covers may be used to fix the battery module 100 to the pack tray 200, i.e. front/rear positioning blocks are engaged in the front/rear positioning slots, respectively ([0065]).
Kim et al. also teaches in Figure 2 and 9 above the plurality of first connection rods 172 may be fitted into accommodation holes 123a, i.e. the front/rear engaging slot is set on the front/rear positioning block, and the upper flat part and the lower flat part are respectively provided with the front/rear protrusion ([0065]).
Regarding claim 10:
Kim et al. teaches in Figure 5 and Figure 9 above the module/tray connection member 170 is a strip structure, at least a part of the module/tray connection member 170 serves as the front positioning block that is engaged into the accommodation holes 123a on the front cover 150, and the accommodation holes 123a passes through the front connecting frame.
Regarding claim 20:
Kim et al. teaches in Figure 4 and Figure 5 above that flange portions 171a, i.e. upper/lower position-limiting protrusions, may be screwed to screwing grooves H2 formed at the front and rear ends, i.e. a first end of the upper flat part and a second end of the upper flat part are respectively provided with an upper position-limiting protrusion, and a first end and a second end of the lower flat part are respectively provided with a lower position-limiting protrusion opposite to the upper position-limiting protrusion.
Further, Kim et al. teaches in Figure 2 two ends of the left side panel are respectively abutted against the upper flange portion 171a of a first end of the support and the lower flange portion 171a. Kim et al. also teaches in Figure 2 two ends of the right side panel are respectively abutted against the upper flange portion 171a of a second end of the support and the lower flange portion 171a.
Regarding claim 21:
Kim et al. teaches a cell stack may be an aggregate of battery cells stacked in one direction and the battery cell may be a pouch-type secondary battery ([0043]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190181405 A1) in view of Wei et al. (CN 214957169 U). It is noted that the disclosures of Wei et al. are based on a machine translation of the reference included with this action.
Regarding claims 14-15 and 17:
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Figure 6
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Figure 7
Kim et al. teaches a module frame as set forth above.
However, Kim et al. does not teach a claw is further disposed on the rear connecting frame, and the claw is clamped to the connecting part of the support.
Kim et al. also does not teach the claw comprising a supporting main body, comprising a first supporting part and a second supporting part, wherein the first supporting part and the second supporting part are opposite to each other; a clamping elastic piece, comprising a first elastic sheet and a second elastic sheet, wherein one end of the first elastic sheet is fixed on the first supporting part, one end of the second elastic sheet is fixed on the second supporting part, and the first elastic sheet and the second elastic sheet are set at an acute angle and an opening between the first elastic sheet and the second elastic sheet faces the connecting part, a minimum distance between the first elastic sheet and the second elastic sheet is less than a thickness of the connecting part.
Further, Kim et al. does not teach an end portion of the first supporting part is an arc-shaped surface and an end portion of the second supporting part is an arc-shaped surface.
Even further, Kim et al. does not teach the supporting main body is provided with at least two of the clamping elastic pieces, and the at least two clamping elastic pieces are arranged at intervals along a depth direction of the opening.
Wei et al. teaches an arrangement of a first reinforcing rib 13 and a first opening groove 130, which includes a clamping portion 82, i.e. a claw, disposed on the second fixing part 12, i.e. rear connecting frame to clamp onto the first reinforcing rib 13, i.e. connecting part, of an end plate structure, i.e. support ([n0030], [n0057], [n0059]).
Wei et al. also teaches in Figure 6 above the claw comprises a supporting main body, comprising a first supporting part and a second supporting part, wherein the first supporting part and the second supporting part are opposite to each other; a clamping elastic piece, comprising a first elastic sheet and a second elastic sheet, wherein one end of the first elastic sheet is fixed on the first supporting part, one end of the second elastic sheet is fixed on the second supporting part, and the first elastic sheet and the second elastic sheet are set at an acute angle and an opening between the first elastic sheet and the second elastic sheet faces the connecting part, a minimum distance between the first elastic sheet and the second elastic sheet would necessarily be less than a thickness of the connecting part.
Further, Wei et al. teaches in Figure 6 an end portion of the first supporting part is an arc-shaped surface and an end portion of the second supporting part is an arc-shaped surface.
Even further, Wei et al. teaches the arrangement which includes the clamping portion enhances the stability of the connection between a plate body 10 and a second fixing part 12 and enhances the stability of the end plate structure ([n0030]).
In light of the motivation for using the arrangement of the first reinforcing rib and the first opening groove, which includes the clamping portion disclosed by Wei et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a clamp in the module frame of Kim et al. in order to enhance the stability of the connection between the plate body and the second fixing part and enhances the stability of the end plate structure.
Regarding claim 16:
Kim et al. teaches a module frame as set forth above.
However, Kim et al. does not teach two clamping elastic pieces.
It would have been obvious to one of ordinary skill in the art at the time of the invention to use additional clamping elastic pieces in order to enhance the stability of the connection between the plate body and the second fixing part and enhance the stability of the end plate structure. The duplication of parts is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. Providing additional clamping elastic pieces would have achieved expected results such as enhanced stability of the connection between the plate body and the second fixing part and enhanced stability of the end plate structure. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 (VI) B. In re Harza, 124 USPQ 378,380 (CCPA 1960).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190181405 A1) in view of Li et al. (CN 209592134 U). It is noted that the disclosures of Li et al. are based on a machine translation of the reference included with this action.
Regarding claim 18:
Kim et al. teaches a module frame as set forth above.
However, Kim et al. does not teach the front cover and rear cover are respectively provided with explosion proof valves.
Li et al. teaches a battery with a top cover assembly including a top cover plate, i.e. front cover, and a first explosion-proof valve ([0009]) and a second explosion-proof valve, which covers the first opening of the lower housing, i.e. rear cover ([0011]).
Further, Li et al. teaches gas can break through the first explosion-proof valve and be discharged to the outside of battery in a timely manner, thus avoiding an explosion and reducing safety risks ([0075]), and when the internal pressure in the accommodating cavity increases, the second explosion-proof valve breaks open, and the gas in the housing is discharged through the first opening, reducing the safety risk ([0089]).
In light of the motivation for using a first and second explosion-proof valve disclosed by Li et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a first and second explosion-proof valve in the module frame of Kim et al. in order to avoid an explosion and reduce safety risks.
Allowable Subject Matter
Claims 11-13 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Present claims 11-13 and 19 are allowable over the “closest” prior art Kim et al. (US 20190181405 A1) for the following reasons:
Kim et al. discloses a module frame as set forth above.
However, Kim et al. does not disclose or suggest the housing further comprises a current collecting sampling plate, a sampling protrusion is set on the current collecting sampling plate, the rear cover is opened with a port, the current collecting sampling plate is positioned on the rear connecting frame, and a part of the sampling protrusion extends beyond the port as required in present claim 11. Further, there is no disclosure or suggestion in Kim et al. that the housing further comprises an insulating film, wherein the insulating film is attached to the upper flat part, the connecting part and the lower flat part, a length of the insulating film is the same as a length of the connecting part, and a length of the upper flat part is the same as a length of the lower flat part and greater than the length of the connecting part as required in claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON E. BROWN whose telephone number is (571)775-5984. The examiner can normally be reached M-Th 8am-6pm.
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/MADISON ELIZABETH BROWN/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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