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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: part 110T in fig. 9. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0062] line 7, “battery cell unis 100” should read --battery cell unit 100--.
In paragraph [0016] lines 4-5, “the first extension satisfies Mathematical Formula 2” should read --the extension unit satisfies Mathematical Formula 2--.
Appropriate correction is required.
Claim Objections
Claims 2, 5, 12, 14 and 15 are objected to because of the following informalities:
In claim 1, “wherein the extension passage which is formed by being surrounded by the extension frame and which is in communication with the internal passage with each other” should read --wherein the extension passage which is formed by being surrounded by the extension frame and which is in communication with the internal passage--.
In claim 2, “T refers to the temperature” should read --T refers to a temperature--.
In claim 2, “when the temperature (T1)” should read --when a temperature (T1)--.
In claim 5, “the straight line distance” should read --a straight line distance--.
In claim 5, “the length of the extension passage” should read --a length of the extension passage--.
In claim 5, “the first extension satisfies Mathematical Formula 2” should read --the extension unit satisfies Mathematical Formula 2--.
In claim 12, “L1 refers to the distance” should read --L1 refer to a distance-- and “L2 refers to the distance” should read --L2 refers to a distance--.
In claim 14, “a part of the area” should read --a part of an area--.
In claim 15, “the inner passage of the outer frame is in communication with the cross passage of the cross member with each other” should read --the inner passage of the outer frame and the cross passage of the cross member are in communication with each other--.
Appropriate correction is required.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim et al. (US 20180108892 A2), hereinafter “Kim”.
Regarding claim 1, Kim teaches a battery pack comprising:
A plurality of secondary batteries (corresponding to the claimed one or more battery cell units) (Kim, [0012], lines 2-3)
A pack case comprising a bottom part and a side wall (corresponding to the claimed frame portion including an outer frame) (Kim, [0012], lines 2-8)
The pack case accommodating a battery cell assembly in an inner space (corresponding to the claimed outer frame surrounding an inner space in which the battery cell units are installed) (Kim, [0012], lines 2-8)
The pack case comprising a first side wall including a hollow (corresponding to the claimed extension unit) (Kim [0018], lines 1-3)
The pack case further comprising a second side wall not including the hollow (corresponding to the claimed extension unit provided at a partial area of the frame portion) (Kim [0018], lines 1-3)
An outlet O between the outside of the battery pack and a lower hollow H2 (corresponding to the claimed communication hole communicating the inner passage and the outside of the outer frame) (Kim, [0073], lines 1-7)
Annotated fig. 7 from Kim below shows hollow H comprising hollows H1 and H3 (corresponding to the claimed extension unit includes an extension passage), and lower hollow H2 (corresponding to the claimed inner passage). Annotated fig. 7 from Kim shows lower hollow H2 surrounded by an outer structure of the side wall (corresponding to the claimed inner passage is formed by being surrounded by the support frame). Annotated figs. 6 and 7 from Kim show the hollows of the side wall surrounded by a frame structure (corresponding to the claimed extension unit includes an extension frame). Annotated fig. 7 from Kim further shows hollows H1 and H3 surrounded by a frame (corresponding to the claimed extension passage which is formed by being surrounded by the extension frame). Kim also teaches that H1, H2, and H3 are arranged such that a fluid may flow horizontally through the side wall part (corresponding to the claimed inner passage and extension passage through which a gas may pass and the claimed extension passage is in communication with the internal passage) (Kim, [0078], lines 3-7; Figs. 6 & 7).
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Regarding claim 2, examiner notes that “satisfying Mathematical Formula 1 below: [Mathematical Formula 1] T≤ TA wherein in Mathematical Formula 1, T refers to the temperature (unit: °C) measured in the communication hole when the temperature (TI) of the battery cell unit is 200 °C or higher, and TA refers to 800 °C as a reference temperature” is an instance of functional language which only imparts a structure that is capable of doing said function. Kim teaches a pack case comprising a side wall and bottom cover for accommodating a battery cell assembly in an inner space (Kim, [0012], lines 2-8), corresponding to the claimed structural limitation of a frame portion including an outer frame surrounding an inner space in which battery cell units are installed. Kim teaches the pack case comprising a side wall including a hollow and a second side wall not including the hollow (Kim [0018], lines 1-3), corresponding to the claimed structural limitation of an extension unit provided at a partial area of the frame portion. Kim teaches the pack case comprising a bottom part and a side wall (Kim, [0012], lines 2-8), corresponding to the claimed structural limitation of the outer frame includes a support frame. Annotated fig. 7 from Kim above shows lower hollow H2 surrounded by an outer structure of the side wall, corresponding to the claimed structural limitation of an inner passage is formed by being surrounded by the support frame. Kim teaches an outlet O between the outside of the battery pack and a lower hollow H2 (Kim, [0073], lines 1-7), corresponding to the claimed structural limitation of a communication hole communicating the inner passage and the outside of the outer frame. Annotated fig. 7 from Kim above shows hollow H comprising hollows H1 and H3, corresponding to the claimed structural limitation of the extension unit includes an extension passage. Annotated figs. 6 and 7 from Kim show the hollows of the side wall surrounded by a frame structure, corresponding to the claimed structural limitation of the extension unit includes an extension frame. Annotated fig. 7 from Kim further shows hollows H1 and H3 surrounded by a frame, corresponding to the claimed structural limitation of the extension passage is formed by being surrounded by the extension frame. Annotated fig. 6 shows hollows H1 and H1 as connected to hollow H2 by through parts P (Kim, [0078], lines 3-7; [0079], lines 1-7), corresponding to the claimed structural limitation of the extension passage is in communication with the internal passage. Since Kim’s battery pack is identical to applicant’s battery pack, Kim’s battery pack would also be capable of performing the recited function.
Regarding claim 3, examiner notes that the limitation “the temperature (TI) of the battery cell unit is 200 °C or higher, and a ratio (T/TI) of the temperature (T, unit: °C) measured in the communication hole to the temperature of the battery cell unit (TI, unit: °C) is within a range of 0.1 to 0.7” is an instance of functional language which only imparts a structure that is capable of doing said function. As stated in the rejection of claim 2 above, the structure of Kim’s battery pack corresponds to the claimed structural limitations of the instant application’s battery pack. Since Kim’s battery pack is identical to applicant’s battery pack, Kim’s battery pack would also be capable of performing the recited function.
Regarding claim 4, Kim teaches that the pack case may comprise a first side wall including a hollow and a second side wall not including the hollow (corresponding to the claimed extension unit is provided at a partial area of the outer frame) (Kim [0018], lines 1-3; Figs. 9 & 10).
Regarding claim 5, the instant specification describes an extension unit comprising an access passage such that an extension passage and an inner passage communicate with each other (Instant specification, [0084], lines 1-5). The instant specification further states that an access passage may include a first access passage and a second access passage (Instant specification, [0084], lines 1-5). Kim teaches a side wall part 220 (corresponding to the claimed extension unit) comprising hollows H1 and H3 (corresponding to the claimed extension passage), and H2 (corresponding to the claimed inner passage, wherein the hollows comprise through parts P between each other (Kim, [0077], lines 1-2; [0078], lines 1-7; [0079], lines 1-5; Figs. 6 & 7). Kim also teaches fluid flowing in a horizontal direction between hollows H1, H2, and H3 (Kim, [0078], lines 3-7). Therefore, Kim’s connection between hollow through parts corresponds to the instantly claimed first access passage and a second access passage formed such that the extension passage and the inner passage communicate with each other. Annotated fig. 6 from Kim above shows hollows H1, H2, and H3 stacked on top of each other in the vertical direction (corresponding to the claimed first access passage and the second access passage face each other).
Further regarding claim 5, Kim teaches a configuration of hollows H1 and H2 comprising a length from inlet I to outlet O (corresponding to the claimed LG length of the extension passage). Kim further teaches the length from inlet I to outlet O may be equal to a sum of the lengths of H1 and H2, such that the length from inlet to outlet may be much longer than a length of the side wall part 220 (corresponding to the claimed first extension satisfies Mathematical Formula 2 below: [Mathematical Formula 2] LG > LU In Mathematical Formula 2, LU refers to the straight line distance between the first access passage and the second access passage, and LG refers to the length of the extension passage.) (Kim, [0074], lines 3-10; Fig. 5; See annotated Fig. 4 below).
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Regarding claim 6, Kim teaches two or more vertically arranged hollows comprising a through part P provided to at least a portion of the partition wall separating the hollows (corresponding to the claimed extension unit further includes one or more partition walls) (Kim, [0072], lines 1-9). Kim also teaches an arrangement of hollows in the lengthwise direction, such that the length of the gas discharge path between inlet I and outlet O may be much longer than the thickness of the side wall part 220 (corresponding to the claimed partition wall is connected to the extension frame and is configured to disrupt passing of a gas) (Kim, [0063], lines 4-12; Figs. 4 & 6).
Regarding claim 7, annotated fig. 6 from Kim above shows two walls separating hollows H1, H2, and H3 with through parts P between the hollows (corresponding to the claimed extension unit further includes a plurality of partition walls).
Regarding claim 8, Kim teaches that the side wall part 220 may be located along the bottom part 210 (corresponding to the claimed extension unit is coupled to the frame portion) (Kim, [0054], lines 3-4).
Regarding claim 9, the instant specification states aluminum as an example of a material that satisfies the melting point range (Instant specification, [0102], lines 1-4). Kim teaches that the pack case 200 may include an aluminum material (corresponding to the claimed extension unit includes a material with a melting point of 550 °C or higher) (Kim, [0096], lines 1-3).
Regarding claim 10, Kim teaches the pack case accommodating the cell assembly in an inner space defined by the bottom part and the side wall part (corresponding to the claimed part of the battery cell unit is in contact with the outer frame) (Kim, [0012], lines 3-8). Fig. 1 from Kim further shows cell assembly 100 placement inside the pack case (Kim, [0044], lines 1-3). Kim also teaches the battery pack comprising an inlet I provided between the inside of the battery pack and the upper hollow H1 (corresponding to the claimed part of the contacted area of the battery cell unit and the outer frame includes a discharge hole in communication with the inner passage) (Kim, [0062], lines 1-6). Kim further teaches that a gas discharge path including inlet I, hollow H, and outlet O may be provided to side wall part 220, such that gas generated from inside the battery pack can be discharged to the outside of the pack case 200 (corresponding to the claimed gas generated from the battery cell unit flows into the inner passage through the discharge hole) (Kim, [0062], lines 1-6).
Regarding claim 11, annotated fig. 6 from Kim above shows the side wall part 220 (corresponding to the claimed extension unit) positioned at an area between an outlet O (corresponding to the claimed communication hole) and an inlet I (corresponding to the claimed adjacent discharge hole), wherein the inlet I is a discharge hole positioned closest to the outlet O along the internal passage (Kim, [0062], lines 1-6; [0078], lines 1-7).
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20180108892 A2), in view of Geshi et al. (EP 2738834 A1), hereinafter “Geshi”.
Regarding claim 12, Geshi teaches a battery pack comprises an exhaust gas path (corresponding to the claimed distance along the internal passage L2) connected to a hollow space 255 (corresponding to the claimed extension unit) (Geshi, [0017], lines 1-6; [0058], lines 1-12; Fig. 6). Geshi further teaches that the length of the gas exhaust path is a result effective variable, wherein when the exhaust pathway is lengthened, the temperature of the discharge gas is reduced (Geshi, [0037], lines 5-7; [0053], lines 1-10). It would have been obvious to select any distance along the internal passage between the extension unit and the adjacent discharge hole as greater than a distance along the internal passage between the extension unit and the communication hole, including the claimed distance, through routine experimentation to provide an appropriate amount of temperature reduction, since it has been held that where the general condition of a claim is disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. See MPEP §2144.05. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Geshi’s exhaust gas path to Kim’s pack case in order to lower the temperature of the gas released from the battery pack (Geshi, [0053], lines 5-8).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20180108892 A2), in view of Greber (FR 3101200 A1), wherein an English machine translation of Greber is cited.
Regarding claim 13, Greber teaches a battery structure comprising at least one hollow beam arranged in a receiving volume for dividing the receiving volume into receiving compartments of electricity storage cells (corresponding to the claimed frame portion further includes one or more cross members crossing the inner space) (Greber, [0010], lines 1-2; [0011], lines 1-2; [0022], lines 1-4; Fig. 1). Fig. 1 from Greber shows electricity storage cell 3 placement in receiving volume 7, such that an electricity storage cell 3 is in contact with the hollow beam 53 (corresponding to the claimed at least a part of the battery cell unit is in contact with the cross member). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Greber's hollow beam to the pack case of Kim in order to fluidly communicate an internal space of the hollow beam with receiving volume 7 for the electricity storage cells 3 (Greber, [0023], lines 1-3).
Regarding claim 14, the instant specification does not define “bonded and fixed”. However, the instant specification states that the cross member may be coupled and fixed to the outer frame, wherein “coupled and fixed may mean being connected and fixed while in contact with each other” (Instant specification, [0063], lines 6-7). Greber teaches hollow beams 53 rigidly fixed to the lower tray 11 of the battery structure (corresponding to the claimed cross member is bonded and fixed to the outer frame) (Greber, [0065], lines 2-3). Fig. 1 from Greber shows cross member 53 comprising an outer surface (corresponding to the claimed cross member includes a support member) and a hollow inside (corresponding to the claimed cross member includes a cross passage which formed by being surrounded by the support member). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Greber's rigidly fixed hollow beam 53 to the pack case of modified Kim in order to give rigidity to the battery structure (Greber, [0068], lines 1-2).
Further regarding claim 14, Greber teaches each hollow beam 53 comprising a communication opening 109 (corresponding to the claimed discharge hole), connecting the internal space of the hollow beam 53 with the receiving volume 7 for the electricity storage cells 3 (corresponding to the claimed part of the area in which the battery cell unit is in contact with the cross member includes a discharge hole in communication with the cross passage) (Greber, [0087], lines 1-3). Greber also teaches that gases released inside the receiving volume 7 of the electricity storage cells 3 flow through the communication ports 109 into the internal space of hollow beams 53 (corresponding to the claimed gas generated from the battery cell unit flows into the cross passage through the discharge hole and the claimed cross passage through which a gas may pass) (Greber, [0105], lines 1-3). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Greber's hollow beam to the pack case of modified Kim in order to fluidly communicate an internal space of the hollow beam with the receiving volume 7 for the electricity storage cells 3 (Greber, [0023], lines 1-3).
Regarding claim 15, Greber teaches the battery structure further comprising a hollow chassis 15 attached to the casing 5 (corresponding to the claimed inner passage of the outer frame) (Greber, [0043], lines 1-2). Greber further teaches that gases released inside receiving volume 7 of the electricity storage cells flow into the internal space of the hollow beams 53 and subsequently pass into the hollow chassis 15 (corresponding to the claimed inner passage of the outer frame is in communication with the cross passage of the cross member with each other) (Greber, [0105], lines 1-5). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Greber's hollow chassis to the pack case of modified Kim in order to protect the battery against side impacts (Greber, [0049], line 1; [0050] line 7), and to add Greber’s gas flow between storage cells and the hollow chassis to the pack case of modified Kim in order to evacuate gases during thermal runaway (Greber, [0072], lines 1-4).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20180108892 A2), in view of Nagamine et al. (JP 2014110191 A), hereinafter “Nagamine”, wherein an English machine translation of Nagamine is cited.
Regarding claim 16, Nagamine teaches a battery pack case 50 comprising a seal 70 (corresponding to the claimed sealing material) between the upper surface of each partition member 30 (corresponding to the claimed extension portion) and the pack case 50 (corresponding to the claimed sealing material is positioned at an area in which the extension unit and the frame portion are coupled with each other) (Nagamine, [0012], lines 1; [0023], lines 7-9; Fig. 11). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Nagamine’s sealing materials to the pack case material of Kim in order to reduce gas leakage from the gas pathway (Nagamine, [0023], lines 13-14).
Double Patenting
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of copending Application No. 18/520,050 (reference application), hereinafter “the ‘050 application”.
Regarding the instant claim 1, claim 4 of the ‘050 application teaches a battery device (corresponding to the claimed battery pack) comprising:
At least one cell assembly including a plurality of battery cell (corresponding to the claimed one or more battery cell units)
A housing structure for accommodating at least one cell assembly in the housing (corresponding to the claimed frame portion including an outer frame surrounding an inner space in which the battery cell units are installed)
The housing including a bottom plate (corresponding to the claimed outer frame includes a support frame)
A cooling plate disposed between a lower surface of the cell assembly and the bottom plate of the housing (corresponding to the claimed extension unit provided at a partial area of the frame portion)
A gas flow space formed by the cooling plate, the bottom plate and the sidewall of the housing and located between the cooling plate and the bottom plate of the housing (corresponding to the claimed outer frame includes an inner passage which is formed by being surrounded by the support frame and through which a gas may pass)
The cooling plate including one gas discharge hole structured to allow gas generated by the cell assembly to pass through (corresponding to the claimed communication hole communicating the inner passage and the outside of the outer frame)
The gas flow space divided into a plurality of discharge spaces by one or more partitions (corresponding to the claimed extension passage which is formed by being surrounded by the extension frame)
Each discharge space structured to communicate with at least one venting hole formed in the housing (corresponding to the claimed extension passage in communication with the internal passage)
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rachel Avina whose telephone number is (571)270-0429. The examiner can normally be reached M-F 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571) 272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.M.A./Examiner, Art Unit 1734
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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