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.
Claim(s) 1-4, 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. US 2021/0074976
With respect to claim 1, Kim et al. discloses a battery module 100, comprising:
a module housing including a top frame 160/140 and configured to form an inner space [0053-0070; Figures 1-8];
at least one cell assembly 120 accommodated in the inner space of the module housing and including at least one battery cell 120; and
a fire extinguishing cartridge 150 provided to the top frame 160 and configured to emit a fire extinguishing agent 150 when a trigger condition for starting operation is achieved. [Abstract; 0095]
With respect to claim 2, Kim et al. discloses wherein the trigger condition is where an internal temperature of the module housing being greater than a criterion temperature. [0075]
With respect to claim 3, Kim et al. discloses wherein the top frame 160/140 includes:
an upper plate 160;
a lower plate spaced 140 apart from the upper plate 160 and configured to face the cell assembly in a lower direction; and
a vertical portion 141 configured to physically support the upper plate and the lower plates therebetween plate so that a plurality of mounting spaces are provided between the upper plate and the lower plates plate, wherein the fire extinguishing cartridge is provided in at least one of the plurality of mounting spaces. [Figure 14]
With respect to claim 4, Kim et al. discloses wherein the vertical portion 141 is arranged in a longitudinal direction corresponding to the cell assembly of the module housing. [Figure 5]
With respect to claim 6, Kim et al. discloses wherein at least one mounting space of the plurality of mounting spaces is connected to a venting hole 161 through which a venting gas generated from the cell assembly flows to an outside of the module housing, to form a flow path. [0058-0065; Figure 4; Figure 5]
With respect to claim 7, Kim et al. discloses wherein the lower plate 140 has an opening 141 formed in an area corresponding to at least one mounting space of the plurality of mounting spaces. [Figure 7; 0061-0080]
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.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2021/0074976 as applied to claim 3 above in further view of Egashira et al. US 20210391625.
With respect to claim 5, Kim et al. does not disclose wherein the lower plate is made of a material having an elastic modulus less than an elastic modulus of the upper plate.
Egashira et al. discloses wherein the lower plate is made of a material having an elastic modulus less than an elastic modulus of the upper plate. [Abstract; 0008; 0026; 0049]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to include wherein the lower plate is made of a material having an elastic modulus less than an elastic modulus of the upper plate as disclosed in Egashira et al., in order to allow for improved safety
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2021/0074976 as applied to claim 7 above in further view of Li et al. CN114069124
With respect to claim 8, Kim et al. does not disclose a stopper provided in the opening and configured to open the opening when a temperature or a pressure of the inner space increases to above a predetermined level or above.
Li et al. discloses a stopper provided in the opening and configured to open the opening when a temperature or pressure of the inner space increases above a predetermined level or above.
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to include a stopper as disclosed in Li et al, in order to allow for improved safety.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2021/0074976 as applied to claim 7 above in further view of Yasui et al. US 2011/0005781.
With respect to claim 8, Kim et al. does not disclose a stopper provided in the opening and configured to open the opening when a temperature or a pressure of the inner space increases to above a predetermined level or above.
Yasui et al. discloses a stopper 10 provided in the opening and configured to open the opening when a temperature of the inner space increases above a predetermined level or above. [Figure 3; 0055-0075]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to include a stopper as disclosed in Yasui et al., in order to allow for improved safety and reduced size.
With respect to claim 9, Kim et al. does not disclose wherein the stopper has a protrusion formed at a top thereof to perforate the fire extinguishing cartridge when the stopper moves upward in the opening.
Yasui et al. discloses a stopper wherein the stopper 10 has a protrusion formed at a top thereof to perforate the fire extinguishing cartridge 6 when the stopper moves upward in the opening. [Figure 3; 0055-0075]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to include a stopper as disclosed in Yasui et al., in order to allow for improved safety and reduced size.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2021/0074976 in view of Yasui et al. US 2011/0005781 as applied to claim 8 above in further view of Kaoru et al. JP2012252909
With respect to claim 10, Kim et al. does not disclose wherein the stopper has a wedge shape with a tapered top and is made of elastic material.
Yasui et al. discloses wherein the stopper 10 has a wedge shape with a tapered top [Figure 3]
Yasui et al. does not disclose wherein the stopper is made of elastic material.
Kaoru et al. discloses wherein the stopper is made of elastic material. [0019-0025; Figure 2]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to include a stopper as disclosed in Kaoru et al, in order to allow for improved safety.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2021/0074976 as applied to claim 7 above in further view of Yasui et al. US 2011/0005781.
With respect to claim 11, Kim et al. does not disclose a battery pack, comprising the battery module
Yasui et al. discloses a battery pack, comprising the battery module [Figure 7; 0075-0085]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to be used in a battery pack as disclosed in Yasui et al, in order to allow for improved safety
With respect to claim 12, Kim et al. does not disclose a vehicle, comprising the battery module
Yasui et al. discloses a vehicle, comprising the battery module [Figure 7; 0075-0085]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery module of Kim et al. to be used in a battery module of a vehicle as disclosed in Yasui et al, in order to allow for improved safety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. US 20120121956
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
