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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by Chanjae et al. (KR1022-20693B1).
As to claim 1, Chanjae discloses a battery pack (Battery pack (10) [0044]) comprising: a case (Upper covering (3) and lower covering (5) [0044]); a battery cell accommodated at an upper position in the case in a gravity direction (Battery cell (20) [0047] figs. 3 and 4); a gas outlet between the battery cell and the case at a lower position of the case (Gap S [0078] fig. 6) and facing a vent portion of the battery cell ((Vent holes (97) [0080] fig. 6); and a fireproof fire-extinguishing layer between the battery cell and the gas outlet (Fire protection paints (3b) and (5b) [0065]).
As to claim 2, Chanjae discloses the fireproof fire-extinguishing layer comprises fireproof paint (Fire protection paints (3b) and (5b) [0065]).
As to claim 3, Chanjae discloses the fireproof fire-extinguishing layer (3b & 5b) is configured to foam in when exposed to high temperatures [0071]. to block introduction of air from an ignition point, (the spread of the flame is physically blocked and heat is shielded to prevent the spread of the fire [0072]
As to claim 4, Chanjae discloses the vent portion (vent hole (97)) is at a lower end portion of the battery cell (Battery cell (20) fig. 6).
As to claim 5, Chanjae discloses comprising a thermal-insulating member (3a) & (5b) heat resistant material [0073]) between the battery cell (20) and the gas outlet (Gap S) (figs. 8a & 8b).
As to claim 6, the rejection of claim 5 is incorporated, Chanjae discloses the fireproof fire-extinguishing layer ((3b & 5b) is on the thermal-insulating member ((3a & 5a) [0066].
As to claim 7, the rejection of claim 6 is incorporated, Chanjae discloses the fireproof fire-extinguishing layer ((3b & 5b)) is on an inner surface of the thermal-insulating member ((3a & 5a), the inner surface facing the battery cell (fig. 8a).
As to claim 9, the rejection of claim 1 is incorporated, Chanjae discloses the battery cell is a circular battery cell having a circular cross-section (Cylindrical battery (20) [0044]).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chanjae et al. (KR1022-20693B1).
Regarding claim 8, The battery pack as claimed in claim 6, wherein the fireproof fire-extinguishing layer is on an outer surface of the thermal-insulating member, the outer surface opposing the battery cell. The location of the fireproof fire-extinguishing layer does not change the response of the fireproof fire-extinguishing layer to heat and the fire-extinguishing layer of Chanjae on an outer surface would behave in the same manner as claimed, and it is noted the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Narbonne et al. (US2012/0003508A1) Battery pack with fire extinguishing
function.
Kim et al. (KR2020-0104619A) Fire extinguisher with foam able paint.
Lindstrom et al. (US11217857B2) Managing thermal runaway gases.
Kim et al. (KR1008-52727B1) Battery with flame resistant paint.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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