DETAILED ACTION
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 1-15 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 1 (lines 12-13) recites “…both the bottom plate member and the top plate member includes a plurality of bottom ventilation holes”. Previously in the claim, the top plate member was described as having top ventilation holes. For the purpose of examination, the claim will be interpreted as both the top and bottom plate members having a plurality of ventilation holes.
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.
(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 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2023/0231269).
Regarding claim 1, Kim discloses a battery module comprising:
lower housing 500 (bottom plate);
upper plate 400;
wherein the bottom plate member and the top plate member are spaced apart along a vertical direction that is orthogonal to both the bottom plate member and the top plate member;
the upper plate includes a plurality of venting holes 300;
wherein the respective ventilation holes are arranged such that, when viewed along the vertical direction through an arbitrarily chosen ventilation hole in the top platee members, only a holefree portion of the bottom plate members is visible through the arbitrarily chosen ventilation hole (Fig. 1).
Figure 1 to Kim is provided below.
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504
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Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu et al. (US 2016/0204404).
Regarding claim 1, Shimizu discloses a battery module comprising:
lower holder 36 (bottom plate);
top plate 48;
wherein the bottom plate member and the top plate member are spaced apart along a vertical direction that is orthogonal to both the bottom plate member and the top plate member;
either the top plate includes a plurality of holes 56 (Figs. 1 and 3) or the bottom plate includes a plurality of holes 56 (Fig. 7);
wherein the respective ventilation holes are arranged such that, when viewed along the vertical direction through an arbitrarily chosen ventilation hole in one of the top and bottom plate members, only a holefree portion of the other of the top and bottom plate members is visible through the arbitrarily chosen ventilation hole (Figs. 1, 3, and 7).
Figure 1 to Shimizu is provided below.
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Regarding claim 2, instant claim is proviso upon limitation both the bottom plate member and the top plate include a plurality of ventilation holes not required by the independent claim; therefore, the limitations of instant claims do not come into force.
Regarding claim 3, Shimizu discloses wherein the bottom plate members include a plurality of cell mounting portions that are configured for mounting the plurality of energy storage cells, and, wherein, when viewed along the vertical direction, each ventilation hole is arranged in a horizontal plane defined by the top plate member in a gap portion that is defined between neighboring mounting portions (Fig. 3).
Regarding claim 5, Shimizu discloses the above support structure and a plurality of energy storage cells each energy storage cell being fixed to one of the mounting portions (Fig. 3).
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.
Claims 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US 2016/0204404) in view of Taga et al. (US 2022/0311082).
Regarding claims 6 and 7, Shimizu teaches battery cells 2 having a circular cylindrical outer shape (para 0030) but does not teach a group of three or four neighboring energy storage cells define therebetween at least one vertical flow path that extends between the bottom plate member and the top plate member.
Taga, directed to a battery pack, also teaches cylindrical batteries and shows an arrangement wherein three or four neighboring energy storage cells define therebetween at least one vertical flow path that extends between the bottom plate member and the top plate member (Fig. 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have an such an arrangement in order to accommodate a plurality of battery efficiently in the given space and the arrangement would naturally for a path therebetween.
Regarding claims 8 and 9, arrangement of the cell is an equilateral and rhombus are viewed as design choice based on one skilled in the art. See MPEP 2144.04(VI)(C).
Regarding claims 10 and 11, Shimizu teaches wherein a group of at least four energy storage cells define therebetween a horizontal flow path that extends parallel to and between the bottom plate member and the top plate member, wherein the horizontal flow path includes the ventilation holes on either a top portion or a bottom portion (Fig. 4-6).
Regarding claims 12 and 13, the cells in Shimizu may be arbitrarily selected wherein a second group of at least four energy storage cells define therebetween a second horizontal flow path that extends parallel to and between the bottom plate member and the top plate member and parallel to the horizontal flow path, wherein the second horizontal flow path includes the ventilation holes on the opposite side of the top portion or bottom portion compared to the horizontal flow path (Fig. 4-6).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US 2016/0204404) in view of Ida et al. (US 2019/0237826).
Regarding claim 14, Shimizu does not teach a housing structure with an intake plenum and exhaust plenum.
Ida, directed to a storage battery cooling control device, teaches storage battery rack 100 (housing), an air inlet and air outlet (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further include said housing structure in order to cool the battery from overheating.
Regarding claim 15, Ida further teaches cooling device 14 (e.g., fan; Fig. 3).
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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