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 5-13 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 5 recites the limitation "the liquid". There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to change the claim dependency from “claim 4” to “claim 2” to obtain proper antecedent basis with “a liquid” in the 2nd line of claim 2.
Claim 6 recites the limitation "the thermally conductive body" in the 2nd line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to change the claim dependency from “claim 1” to “claim 2” to obtain proper antecedent basis with “a thermally conductive body” in the 3rd line of claim 2.
With regard to claim 6, the limitation “and melted by heat of the gas” (in the last line) is unclear, as it is indefinite as to what structural feature(s) is/are melted. Correction and clarification are required.
Regarding claim 7, the phrase "or the like" (in this instance, “type” of “pouch-type”) renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Since claims 8-10 depend from claim 7, these claims are rejected under 35 USC 112(b) for the same reason.
Claim 11 recites the limitation "the thermally conductive body" bridging the 2nd and 3rd lines. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to change the claim dependency from “claim 1” to “claim 2” to obtain proper antecedent basis with “a thermally conductive body” in the 3rd line of claim 2. Since claims 12 and 13 depend from claim 11, these claims are rejected under 35 USC 112(b) for the same reason.
With regard to claim 11, the limitation “and moves to the vent hole” (in the 4th line) is unclear, as it is indefinite as to what feature(s) is/are moved. Correction and clarification are required. Since claims 12 and 13 depend from claim 11, these claims are rejected under 35 USC 112(b) 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.
Claims 1 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa et al. (US 2019/0173074).
Regarding independent claim 1, Ogawa et al. disclose a prismatic secondary battery (see abstract; paragraphs [0013]-[0047]; and Figures 1-4), in which the battery (11A) comprises the following structural features:
a plurality of battery cells (14) accommodated in a battery case (11) made of metal (see paragraphs [0013]-[0017]; and Figures 1 and 2);
a cooler (in the form of a case (27) that includes a vent path structure (26) that communicates with vent gas release portions (25)), wherein the cooler (27) is disposed in at least one side of the battery case (11) – see paragraphs [0027]-[0029] and [0035]; and Figures 1 and 2; and
a fixing body (in the form of a control substrate (17)) that is configured to fix the cooler (27), as shown in Figure 2, wherein the fixing body (17) is formed with a vent hole (intermediate communicating holes (31 and 32) that communicates with vent gas release portions (25)) configured to guide gas generated in the battery cells (14) and passing through the cooler (27) to an outside of the battery case (11) via the vent gas release portions (25) – see paragraphs [0027]-[0035] and Figures 1-4.
Regarding claims 7 and 8, Ogawa et al. disclose that the battery cells (14) are pouch-type battery cells that include electrode leads (21,22,23,24) that protrude towards the cooler (27) – see paragraph [0027] and Figure 2.
Regarding claims 9 and 10, Ogawa et al. disclose that the case (11) includes a side case that covers at least one side end portion of the case (11) while being configured to cover the fixing body (17), in which a busbar (22) defining a hole in communication with the vent hole (31,32) of the fixing body (17) is provided between the fixing body (17) and an outside of the side case to be electrically connected to one or more of the electrode leads (21,22,23,24) – see paragraphs [0018], [0019], and [0025]-[0027]; and Figure 2.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 2-6 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US 2019/0173074), and further in view of Gehlhausen et al. (US 2019/0137037), cited in the Information Disclosure Statement dated November 4, 2024.
Regarding claims 2-5, Ogawa et al. disclose the structural features of independent claim 1, but fail to teach that the cooler includes an absorbent material impregnated with a liquid (water), wherein the absorbent material is inserted into a thermally conductive body formed with an insertion hole, such that the absorbent material includes a super absorbent matrix that includes a super absorbent polymer.
However, Gehlhausen et al. disclose a thermal barrier member for use in contact with thermally active batteries (paragraphs [0093]-[0099], [0121], [0143]-[0149], and [0189]; and Figures 1, 2, and 14), in which the thermal barrier member (26) is to be located between thermally active batteries (14), for which a flowable polymer heat absorbing material (36) is placed into a thermally conductive body (in the form of a heat absorbing material receiving cavity (34)) between thermal barrier panels (28,32), wherein the absorbent material forms a super absorbent matrix that includes a super absorbent polymer (SAP) that is water-absorbent (see paragraphs [0097] and [0144]), for the purpose of being an effective fire-retardant and heat-absorbing material for the thermally active batteries (see paragraphs [0093] and [0094]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time applicants’ invention was made to include the super absorbent material taught by Gehlhausen et al., into the cooler with vent gas release portions and the communicating and insertion holes disclosed by Ogawa et al., in order to serve as an effective fire-retardant and heat-absorbing material for thermally active batteries (Gehlhausen et al.; paragraphs [0093] and [0094]).
Regarding claim 6, and in addition to the teachings of Ogawa et al. for independent claim 1, as well as the combined teachings of Ogawa et al. and Gehlhausen et al. for claim 2 pertaining to the thermally conductive body, Ogawa et al. further disclose that the cooler (27) includes a cover (28,29) bonded to a front and a back of the thermally conductive body with respect to a flow direction of the gas (see paragraph [0028] and Figures 2 and 3 of Ogawa et al.), wherein heat of the gas would be operable to melt at least a portion of the absorbent materials taught by Gehlhausen et al. (see paragraphs [0144]-[0147]).
Regarding claims 11-13, Ogawa et al. disclose the structural features of independent claim 1 (including a vent filter (25b) affixed in a hole (25a) of the vent gas release portions (25) – see paragraphs [0025] and [0026]; and Figure 2), as well as the combined teachings of Ogawa et al. and Gehlhausen et al. for claim 2 pertaining to the thermally conductive body, but fail to teach a filter disposed in at least one of a front and a back of the thermally conductive body.
However, Gehlhausen et al. disclose a filter and its configuration as an end filter (in the form of a filter housing (572) that holds a filter sleeve (574) containing at least gas absorption media (575) while being capable of separation from a vent hole upon exposure to excess pressure – see paragraph [0189] and Figure 14), wherein the filter (572,574,575) is located adjacent one side of the thermally conductive body with respect to a flow direction of the gas adjacent a vent hole, thus being configured for filtering particles exceeding a certain size included in the gas (or smoke) passing therethrough (see paragraph [0189]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time applicants’ invention was made to include a filter and its configuration within one side of a conductive body, as taught by Gehlhausen et al., into the thermally conductive body, as disclosed by Ogawa et al., in order to filter particles exceeding a certain size included in the gas (or smoke) passing therethrough (Gehlhausen et al.; paragraph [0189]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
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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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 July 23, 2026
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