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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 04/03/2023. It is noted, however, that applicant has not filed a certified copy of the 2023-061298 application as required by 37 CFR 1.55.
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.
(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) 1-6, 8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiroaki (US20210066690A1).
Regarding claim 1, Hiroaki disclose the following a battery pack comprising: a battery module; (Hiroaki, Fig.1, 12) a casing (Hiroaki, Fig.1, 2) that houses the battery module, the casing having: a wall, of which an inner surface is a first surface (Hiroaki, Fig.3, 30b), the battery module being arranged opposing the first surface with an interval therebetween, so as to form a first gas passageway (Hiroaki, Fig.3, F1) between the battery module and the first surface, and an outlet (Hiroaki, Fig.3, 34) formed in the wall, gas inside the casing being dischargeable, sequentially through the first gas passageway and the outlet, to an outside of the casing; and a first wall portion (Hiroaki, Fig.4, 36b) extending from the first surface of the casing, the first wall portion being shaped so as to extend away from the first surface while extending toward an upstream side of the first gas passageway.
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Regarding claim 2, Hiroaki discloses all of claim 1 as shown above. Hiroaki also discloses the first surface (Hiroaki, Fig.3, 30b) is substantially rectangular defining a longitudinal direction and a width direction, and in a view as seen from the width direction, the first wall portion (Hiroaki, Fig.4, 36b) is shaped so as to extend in a direction diagonal to an axial direction of the outlet (Hiroaki, Fig.3, 34) and away from the first surface.
Regarding claim 3, Hiroaki discloses all of claim 1 as shown above. Hiroaki also discloses the first wall portion (Hiroaki, Fig.4, 36b) includes: a first portion (Hiroaki, Fig.4, 38a) shaped to extend from the first surface of the casting, the first portion extending away from the first surface while extending toward the upstream side of the (Hiroaki, Fig.3, F1) first gas passageway; and a second end portion (Hiroaki, Fig.4, 40a) that further extends from the first portion toward the upstream side of the first gas passageway, with the inclination of the second portion relative to the first surface being smaller than an inclination of the first portion relative to the first surface.
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Regarding claim 4, Hiroaki discloses all of claim 1 as shown above. Hiroaki also discloses further comprising: a baffle plate (Hiroaki, Fig.3, 30a) arranged between the battery module (Hiroaki, Fig.1, 12) and the first surface (Hiroaki, Fig.3, 30b) of the casing, wherein the first gas passageway (Hiroaki, Fig.3, F1) includes a passageway formed between the baffle plate and the first surface of the casing; and the first wall portion and the baffle plate have a gap therebetween.
Regarding claim 5, Hiroaki discloses all of claim 4 as shown above. Hiroaki also discloses further comprising a second wall portion (Hiroaki, Fig.4, 36a) that extends from a second surface, which is a surface of the baffle plate (Hiroaki, Fig.3, 30a) opposing first surface (Hiroaki, Fig.3, 30b) of the casing, wherein the second wall portion is shaped so as to extend away from the second surface while extending toward the upstream side of the first gas passageway, and the second wall portion and the first surface of the casing have another gap therebetween.
Regarding claim 6, Hiroaki discloses all of claim 5 as shown above. Hiroaki also discloses the first surface is substantially rectangular defining a longitudinal direction (Hiroaki, Fig.3, X on given axis) and a width direction (Hiroaki, Fig.3, Y on given axis) , and the first wall portion and the second wall portion are arranged staggered from each other in the longitudinal direction (Hiroaki, Fig.4, see gaps between 36a and 36b).
Regarding claim 8, Hiroaki discloses all of claim 1 as shown above. Hiroaki also discloses a second gas passageway (Hiroaki, Fig.3, F1) is further formed between the first surface (Hiroaki, Fig.3, 30b) of the casing and the battery module (Hiroaki, Fig.1, 12), the second gas passageway being so shaped that the gas inside the casing is further dischargeable, sequentially through the second gas passageway, in a flow direction different from that of the gas in the first gas passageway, and the outlet (Hiroaki, Fig.3, 34), to the outside of the casing; and the battery pack further includes a third wall portion (Hiroaki, Fig.3, 36b) that extends from the first surface of the casing, the third wall portion being shaped so as to extend away from the first surface while extending toward an upstream side of the second gas passageway.
Regarding claim 10, Hiroaki discloses all of claim 1 as shown above. Hiroaki also discloses a vehicle (Hiroaki, [0022], “Housing 2 is fixed to an object, such as a vehicle body.”) comprising the battery pack according to claim 1.
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.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki (US20210066690A1) in view of DeKeuster et al (US20160093857A1, hereinafter DeKeuster).
Regarding claim 7, Hiroaki discloses all of claim 4 as shown above. Hiroaki does not disclose a control device that controls operation of the battery pack and is provided on the baffle plate. DeKeuster discloses electronic components disposed inside the battery pack to facilitate control and operation of the battery module (DeKeuster, [0081]). Shown in Fig.4 of DeKesuter the electronic components 41 are provided on a plate opposite the housing lid 55 and between the housing lid 55 and the electrochemical cell 30. The plate where the electronic components are provided in DeKuester is therefore equivalent to the baffle plate of the instant application.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to add the electronic components of DeKeuster on the baffle plate of Hiroaki to facilitate control and operation of the battery pack.
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Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki (US20210066690A1) in view of Yang (KR20220101319A).
Regarding claim 9, Hiroaki discloses all of claim 1 as shown above. Hiroaki does not disclose a pressure relief device provided on the casing so as to cover the outlet. Yang discloses a battery pack 100 and a housing 140. Yang also discloses when material inside the pack is discharged due to abnormal behavior it may be discharged to the outside through a discharge part 141 of housing (Yang, [0055]). Yang finally discloses a material 141a that is melted a predetermined temperature or higher provided with the discharge part 141 (Yang, [0065]). It can be seen from Fig.9 of Yang that the material 141a covers the discharge part 141.
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Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to substitute the discharge part provided with the material of Yang with the outlet of Hiroaki because the substituted component was known, their functions were known in the art, one of ordinary skill in the art could have substituted one known component for another and that the results of the substitution would have been predictable. See MPEP 2143 (B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA P BISTANY-RIEBMAN whose telephone number is (571)272-9591. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P BISTANY-RIEBMAN/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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