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 .
Response to Arguments
Applicant's arguments filed April 25, 2025 have been fully considered but they are not persuasive.
Here the applicant asserts that Yun fails to teach or suggest a guide member positioned within the housing defining a chamber positioned in an internal cavity and an injection port supported by the housing and extending through the chamber. The applicant further asserts that Yun fails to teach or suggest a fluid adhesive material configured to occupy 15% or less of a volume of an internal cavity.
Here, in regards to the applicant’s argument that Yun does not teach the fluid being configured to occupy 15% or less of the volume of the internal cavity, the injected fluid occupying a specific portion of the internal cavity is not positively recited as a part of the claimed battery pack. Here Claims 20-23 require a port configured to direct a fluid comprising adhesive material from the exterior of the battery pack into the internal cavity, wherein the fluid is configured to occupy 15% or less of a volume of the internal cavity. Accordingly, this language requires an injection port which is configured to direct a fluid, where the fluid is configured to occupy a specific volume. As such, the language of the claim does not require the battery pack to further comprise the fluid, or require structure wherein the fluid is injected into the battery pack to occupy a specific percentage of the volume. Accordingly, Yun does meet the requirements of the claimed limitation, as Yun’s device’s injection port is configured to inject any amount of fluid into an internal cavity, as is set forth in the rejection presented below.
Additionally, the applicant’s arguments with respect to claim(s) 1-7 and 14-26 in regards to the guide member have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 22 and 23 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.
The term “approximately” in claims 22 and 23 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Here, the specification discloses that the term “approximately” is meant to be interpreted such that “Relative terminology, such as, for example, “about”, “approximately”, “substantially”, etc., used in connection with a quantity or condition would be understood by those of ordinary skill to be inclusive of the stated value and has the meaning dictated by the context (for example, the term includes at least the degree of error associated with the measurement of, tolerances (e.g., manufacturing, assembly, use, etc.) associated with the particular value, etc.). Such terminology should also be considered as disclosing the range defined by the absolute values of the two endpoints. For example, the expression “from about 2 to about 4” also discloses the range “from 2 to 4”. The relative terminology may refer to plus or minus a percentage (e.g., 1%, 5%, 10% or more) of an indicated value.”
Here the specification discloses that relative terminology may refer to plus or minus a percentage, along with providing multiple possible examples of the percentage which may be used, but does not provide an indication as to which percentage is appropriate within the context of claims 22 and 23. Accordingly, it is unclear which percentage one ordinarily skilled in the art would use within this context, to determine the appropriate variation of the occupied volumes of claims 22 and 23, and accordingly these claims are found to be indefinite.
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) 20-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun (KR2019107900 A, with English equivalent US PGPUB 20200411924 A1 used for citation reference purposes).
Regarding Claims 20-23, Yun is an analogous art to the instant application, disclosing a battery pack assembly (Abstract, “a battery cell assembly having a plurality of battery cells…”) comprising a housing having a plurality of sides and defining an internal cavity (Paragraph 0044, “A module case 300”; Figure 1, module case 300), a plurality of battery cells received in the internal cavity (Abstract, “Having a plurality of battery cells…, “a module case which receives the battery cell assembly…”), and battery electronics received in the internal cavity (Abstract, “A module case which receives the battery cell assembly and the mounted sensing assembly; Figure 1, sensing assembly 200).
Yun further discloses a battery pack interface is supported by the housing and is connectable to a device (Paragraph 0068, “And includes an external connector or input/output terminal”). This interface is depicted in Yun’s figure 1, indicated below inside a rectangle, where it is supported by the structure of the housing.
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Additionally, Yun discloses structure which comprises an injection port supported by the housing (Paragraph 0085, “The battery module 20 has injection holes 312 on the module case 300, i.e., in the top plate 310”) where the injection port comprises the injection holes 312 on the module case 300 as well as the surrounding faces of the module case which surround and define the injection port. Additionally, the injection port includes one or more channels positioned on one or more sides of the housing, here the holes 312 located on a top side of the housing. The channels are a subcomponent of the injection port, thereby resulting in structure where the holes 312 which pass through the module case 300 are the channels, the channels being portions of the injection port, each channel connecting the internal cavity to an exterior of the battery pack (Paragraph 0085, “to inject the thermally conductive adhesive into the module case 300.”).
Here, Yun discloses structure where the injection point is configured to direct a fluid comprising adhesive material from the exterior of the battery pack into the internal cavity (Paragraph 0085, “to inject the thermally conductive adhesive into the module case 300.”).
However, Yun fails to disclose a specific embodiment wherein the fluid is present and is configured to occupy 15% or less of a volume of the internal cavity. However, the injected fluid occupying a specific portion of the internal cavity is not positively recited as a part of the claimed battery pack. Here Claims 20-23 require a port configured to direct a fluid comprising adhesive material from the exterior of the battery pack into the internal cavity, wherein the fluid is configured to occupy 15% or less of a volume of the internal cavity. Accordingly, this language requires an injection port which is configured to direct a fluid, where the fluid is configured to occupy a specific volume. As such, the language of the claim does not require the battery pack to further comprise the fluid, or require structure wherein the fluid is injected into the battery pack to occupy a specific percentage of the volume.
Accordingly, where the fluid is not positively recited, and the injection port of Yun is capable of injecting any amount of fluid, it is capable of injecting a fluid that reads upon the limitations of 20-23, where it is capable of injecting a fluid which is configured to occupy 15% or less of the volume of the internal cavity as is required by Claim 20, 10% or less as required by claim 21, 5-15% as is required by claim 22, and 2-5% as is required by claim 23.
Regarding Claims 24 and 26, modified Yun makes obvious the invention of Claim 24. Additionally, Yun depicts structure where a portion of the volume of the internal cavity is unoccupied space proximate to the battery contacts 220 and 210, shown in Yun’s figure 8.
Regarding Claim 25, modified Yun makes obvious the invention of Claim 24. Additionally, though Yun is silent in regards to the specific value of the volume of the unoccupied space of their battery, they do disclose that energy density is a primary desirable parameter for secondary batteries (Paragraph 0003, “Due to their frequent applicability to various products and their electrical properties such as a high energy density, secondary batteries are not only commonly applied to portable devices, but universally applied to Electric Vehicles (EVs) or Hybrid Electric Vehicles (HEVs) that are driven by an electric driving source.”). Accordingly, where unoccupied space reduces the energy density of a battery, it would therefore be obvious to one ordinarily skilled in the art to make the unoccupied volume of the battery as close to 0% as possible, while still satisfying its presence as is it is depicted as being present in figure 8 of Yun. Therefore, Yun’s disclosure makes obvious an unoccupied space above, but approximately 0%, thereby reading upon and making obvious the limitations of the instant claim.
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.
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) 1-7 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR2019107900 A, with English equivalent US PGPUB 20200411924 A1 used for citation reference purposes), in view of Knappenberger (US 20180131053 A1).
Regarding Claim 1, Yun is an analogous art to the instant application, disclosing a battery pack assembly (Abstract, “a battery cell assembly having a plurality of battery cells…”) comprising a housing having a plurality of sides and defining an internal cavity (Paragraph 0044, “A module case 300”; Figure 1, module case 300), a plurality of battery cells received in the internal cavity (Abstract, “Having a plurality of battery cells…, “a module case which receives the battery cell assembly…”), and battery electronics received in the internal cavity (Abstract, “A module case which receives the battery cell assembly and the mounted sensing assembly; Figure 1, sensing assembly 200).
Yun further discloses a battery pack interface is supported by the housing and is connectable to a device (Paragraph 0068, “And includes an external connector or input/output terminal”). This interface is depicted in Yun’s figure 1, indicated below inside a rectangle, where it is supported by the structure of the housing.
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Additionally, Yun discloses structure which comprises an injection port supported by the housing (Paragraph 0085, “The battery module 20 has injection holes 312 on the module case 300 , i.e., in the top plate 310”), the injection port including one or more channels positioned on one or more sides of the housing, here located on a top side of the housing (Paragraph 0085, “The battery module 20 has injection holes 312 on the module case 300 , i.e., in the top plate 310”), each channel connecting the internal cavity to an exterior of the battery pack (Paragraph 0085, “to inject the thermally conductive adhesive into the module case 300 .”).
Here, Yun discloses structure where the injection point is configured to direct a fluid comprising adhesive material from the exterior of the battery pack into the internal cavity (Paragraph 0085, “to inject the thermally conductive adhesive into the module case 300 .”), where the fluid is configured to cover a portion of the battery cells and or a portion of the battery electronics (Paragraph 0096, “the thermally conductive adhesive 400 having a thermal conductivity of 3 W/mK is also uniformly included on the upper side of the battery cell assembly 100”).
However, Yun fails to disclose structure which comprises both a guide member positioned within a housing and defining a chamber positioned in the internal cavity, as well as structure wherein the injection port extends through said chamber. Therefore, we look to Knappenberger, which is an analogous art to the instant application disclosing a method of temperature regulation for a battery cell (Abstract, “The invention relates to a method for the temperature regulation of battery cells”) comprising the injection of a liquid into a space surrounding the battery cell (Abstract, “thereof, characterised in that a temperature control medium flows around the electrodes”). Here, Knappenberger discloses structure which comprises injection portions that impart a fluid by means of extended outlet openings which act to guide the fluid to its destination (Paragraph 0040, “As illustrated in FIG. 4 by means of arrows, the temperature regulation devices 4001, . . . 4003 respectively distribute the temperature regulation medium supplied through the inlet openings 4101, . . . 4103 to the outlet openings 42011, 42012; 42021, 42022 or 42031, 42032 and guide the distributed temperature regulation medium from the outlet openings”). Here, based on this disclosure of direct delivery of the fluid, it would be obvious to one ordinarily skilled in the art to apply said structure to the invention of Yun, thereby resulting in structure wherein the injection ports extend through the chamber, rather than terminating at the bottom face of the top face of the housing, where the injection ports are surrounded by the extending walls of the invention of Knappenberger, which are therefore guide members positioned within the housing, in that they are attached to a bottom face of the top face of the housing. Accordingly, where they then act to define a segment of the bounds of the region in which the fluid is injected into, they therefore act to define a chamber positioned in the internal cavity.
Regarding Claim 2, modified Yun makes obvious the invention of Claim 1. Additionally, Yun discloses structure where the housing includes a top housing portion (Paragraph 0055, “The module case 300 includes the top plate 310 ,”), and a bottom housing portion (Paragraph 0055, “the bottom plate 320 and the side plates 330”), and wherein the top housing portion includes the injection port (Paragraph 0085, “The battery module 20 has injection holes 312 on the module case 300 , i.e., in the top plate 310”).
Regarding Claim 3, modified Yun makes obvious the invention of Claim 2. Additionally, Yun discloses structure where the bottom housing portion includes a battery cell holder configured to retain the plurality of battery cells within the internal cavity, here the bottom plate 320 (Paragraph 0094, “the bottom plate 320”). Here, the bottom plate 320 has a surface in a facing relationship with the top housing portion, where Yun’s figure 1 depicts the bottom plate 320 facing the top plate 320 via the bottom plate’s top surface, where the top surface is the surface which supports the battery electronics. Additionally, Yun discloses structure where an instance of the fluid is configured to cover a portion of the surface (Paragraph 0094, “A thermally conductive adhesive 500 having a thermal conductivity of 3 W/mK is applied to the lower side of the battery cell assembly 100 , the module case 300 is made of Al, and a heat transfer path from the battery cell assembly— 100 to the thermally conductive adhesive— 500 to the bottom plate 320 is formed.”).
Regarding Claim 4, modified Yun makes obvious the invention of Claim 1. Additionally, Yun discloses structure wherein the battery electronics includes a printed circuit board (Paragraph 0067, “The sensing wire 230 connects the first busbar frame assembly 210 and the second busbar frame assembly 220 . The sensing wire 230 may be provided as a flexible printed circuit board (FPCB).”), and battery contacts extending therefrom, where the battery contacts are a first and second busbar frame assembly (Paragraph 0067, “The sensing wire 230 connects the first busbar frame assembly 210 and the second busbar frame assembly 220”). Additionally, Yun discloses structure wherein the battery pack interface includes a terminal block enclosing the battery contacts, the first busbar being enclosed by the front cover 340 (Paragraph 0068, “The first busbar frame assembly 210 may be positioned in front of the battery cell assembly 100 , and may be coupled with the front cover 340”), and the second busbar being enclosed by the rear cover 350 (Paragraph 0069, “The second busbar frame assembly 220 and the first busbar frame assembly 210 may be positioned facing each other with the battery cell assembly 100 interposed between, and the second busbar frame assembly 220 may be coupled with the rear cover 350 at the rear of the battery cell assembly 100 .”). Additionally, Yun discloses structure where the fluid is configured to cover a surface of the printed circuit board, as depicted in Yun’s figure 8, where the fluid 400 covers a side surface of the printed circuit board 230.
Regarding Claim 5, modified Yun makes obvious the invention of Claim 1. Additionally, Yun discloses structure wherein the housing includes a longitudinal axis extending therethrough, depicted in their figure 9 as being the longest axis of the battery housing. Additionally, Yun’s figure 9 depicts structure where each of the one or more channels extends along an injection axis, each injection axis being the direction which the through hole extends through the top plate 310. Additionally, the injection axis extends at an angle relative to the longitudinal axis, where an angle must be present as a result of the injection ports extending towards the battery body from the top plate, in a direction which is different from the longitudinal axis. Where the longitudinal axis and an injection axis are different, there must be an angle between them.
Regarding Claim 6, modified Yun makes obvious the invention of Claim 1. Additionally, Yun discloses structure wherein the battery electronics includes a printed circuit board (Paragraph 0067, “The sensing wire 230 connects the first busbar frame assembly 210 and the second busbar frame assembly 220 . The sensing wire 230 may be provided as a flexible printed circuit board (FPCB).”), and wherein an end of one or more channels of the injection port is positioned proximate a surface of the printed circuit board (Paragraph 0089, “Particularly, a plurality of injection holes 312 may be provided along a direction that forms an angle 0 to 30° with a direction in which the sensing wire 230 runs. The injection holes 312 provided along the direction that forms an angle of 0 with the direction in which the sensing wire 230 runs represents the injection holes 312 being formed in parallel with the sensing wire 230”), depicted in Yun’s figure 10, which depicts a proximate position of the injection ports 312 relative to the sensing wire 230 which is a flexible printed circuit board.
Regarding Claim 7, modified Yun makes obvious the invention of Claim 1. Additionally, Yun discloses structure in which the fluid includes a thermally conductive silicone encapsulant (Paragraph 0063, “The thermally conductive adhesive 400 is a cooling adhesive that allows heat transfer, and may include thermal resin. The thermal resin is not limited to a particular type, but may be one of a thermally conductive silicone-based bond,”).
Regarding Claim 14, modified Yun makes obvious the invention of Claim 1. Additionally, as discussed above Knappenberger makes obvious structure wherein the guide member is configured to direct fluid from the injection port, which is the aperture extending through the interior of the guide member, to other portions of the internal cavity (Paragraph 0040, “As illustrated in FIG. 4 by means of arrows, the temperature regulation devices 4001, . . . 4003 respectively distribute the temperature regulation medium supplied through the inlet openings 4101, . . . 4103 to the outlet openings 42011, 42012; 42021, 42022 or 42031, 42032 and guide the distributed temperature regulation medium from the outlet openings”).
Regarding Claim 15, modified Yun makes obvious the invention of Claim 1. Additionally, where the guide member of Knappenberger is a ring shaped member as shown in Knappenberger’s figures 4 and 5, said ring-shaped member is placed on the surface of the injection port of Yun, as discussed above. Accordingly, where the ring-shaped guide member extending from the surface of the injection port apertures, where said apertures are shown in Yun’s figure 9 as being positioned at an inner surface of the top side of the housing, the guide members are therefore ring-shaped walls which extend from an inner surface of the top side of the housing.
Regarding Claim 16, modified Yun makes obvious the invention of Claim 6. Additionally, where Knappenberger makes obvious structure wherein the guide member extends from the apertures 312 of Yun, the guide members are therefore spaced from the printed circuit board, based on the placement of the apertures 312 shown in Yun’s figure 10.
Regarding Claim 17, modified Yun makes obvious the invention of Claim 6. Additionally, Yun discloses structure wherein the chamber is adjacent to the printed circuit board 230, as shown in Yun’s figure 10, as well as their figure 8, which shows that the fluid 400 which fills the chamber is adjacent to the printed circuit board 230.
Regarding Claim 18, modified Yun makes obvious the invention of Claim 17. Additionally, Yun depicts structure, shown in their figure 8, where the chamber (occupied by their thermally conductive adhesive 400) is positioned between the battery pack interface and a space adjacent to the printed circuit board within the internal cavity. Here, the printed circuit board 230 extends through the whole internal cavity, and therefore any space that is adjacent to the printed circuit board that is separated from the interface by the chamber could be considered to read upon the requirements of the instant claim, even though there are portions of the printed circuit board which are adjacent to the interface.
Regarding Claim 19, modified Yun makes obvious the invention of Claim 1. Additionally, where Knappenberger makes obvious the addition of a guide member to each injection port aperture, there is therefore a guide member attached to each aperture, which results in a plurality of guide members being present.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 5712721453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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