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 § 112(b)
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 1-16 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 requires “a housing having a vent hole” on line 3 of the claim. The instant disclosure does not use the term “housing” when describing the invention in detail, so it is unclear which portion of Applicant’s structure is being claimed. The limitation “a housing having a vent hole” could be interpreted as the battery case 52 and vent hole 52a, or battery mount shelf 61 and vent hole 61a. See [0025-0031] of the published application US 20240405357 A1 and instant Fig. 2:
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18/676,803 – Fig. 2
Claim 1 further requires “a closing member that closes the vent hole when a temperature of the closing member exceeds a predetermined temperature.” The claimed “closing member” is only disclosed in the specification as a “closing member 62,” which corresponds to the vent hole 61a on the battery mount shelf 61 ([0028-0030]). Thus, the “housing having a vent hole” in Claim 1 must correspond to “a battery mount shelf having a vent hole.”
Examiner requests Applicant amend the claims to be consistent with the terminology used to describe the invention in detail. For Claim 1, Examiner recommends amending “a housing” to “a battery mount shelf.” Examiner recommends all dependent claims reciting “the housing” be amended to recite “the battery mount shelf” to ensure proper antecedent basis.
Claims 2-16 are also rejected, as they depend upon Claim 1.
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, 3-5, 9-11, and 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Jang et al., WO 2023080581 A1 (English-language equivalent US 20240128556 A1 cited herein).
Regarding Claim 1, Jang discloses a mobile body (electric or hybrid vehicle [0124]), comprising:
a battery (cell assembly 100 [0050-0052] Figs. 1-18);
a housing having a vent hole and configured to accommodate the battery (module case 200 to accommodate the cell assembly 100 [0053-0061], venting hole H may be formed in the right plate 232 of the module case 200 [0094-0104], Figs. 11-15); and
a closing member that closes the vent hole when a temperature of the closing member exceeds a predetermined temperature (expansion member 300 may be configured to close the venting hole H by receiving heat and being expanded when venting gas is discharged to the outside through the venting hole H [0059-0069, 0094-0104], Figs. 11-15).
Regarding Claim 3, Jang discloses all limitations as set forth above. Jang discloses the closing member (300) is positioned on a periphery of the vent hole ([0093-0096], see expansion member 300 and venting hole H positions in Fig. 13) and comprises a thermally expandable refractory material that expands at a predetermined temperature such that the closing member closes the vent hole when the closing member expands (expansion member 300 materials are chosen with a specific temperature or “start temperature” for expansion, closes the venting hole H [0066-0069, 0094-0117]).
Regarding the limitation “a thermally expandable refractory material,” Examiner notes the instant disclosure does not recite specific examples of this “refractory material” or provide any special definition to the term. Since Jang discloses the expansion member 300 meets all positively recited properties for the material (i.e., a “material that expands at a predetermined temperature”), the limitation is met with sufficient specificity.
Regarding Claims 4 and 9, Jang discloses all limitations as set forth above. Jang discloses the mobile body further comprises a fire extinguishing agent (fire extinguishing member 400 [0072-0082]) positioned above the battery in the housing such that the fire extinguishing agent drops at a predetermined temperature (fire extinguishing member 400 may be located between the cell assembly 100 and the top plate 210 [0089-0092], Fig. 10; releases fire extinguishing material due to increased pressure from expansion material at high heat [0072-0104], Figs. 5-15).
Regarding Claims 5, 10, 11, and 15, Jang discloses all limitations as set forth above. Jang discloses the battery (100) includes a case and a battery cell accommodated in the case (secondary battery cell 110 includes an electrode assembly, an electrolyte, and a battery case [0051-0052]), such that the housing (200) is configured to removably accommodate the case (elements of the module case 200 may be assembled with bolt fasteners [0053-0057]).
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.
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.
Claims 2, 6-8, 12-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jang as applied to Claim 1 above, and further in view of Lee et al., US 20220123383 A1.
Regarding Claim 2, Jang discloses all limitations as set forth above. Jang does not disclose the mobile body further comprises “a liquid supply member that supplies a discharge-treatment liquid into the housing.” However, this limitation is taught by Lee.
Lee teaches when a battery fire is extinguished by a fire extinguishing activity, combustion may re-start after a certain period of time after the fire is extinguished (see “re-ignition” [0006-0007]). Lee teaches re-ignition can be prevented by providing an insulating coolant to the battery module after using an extinguishing agent ([0032-0033]). Lee teaches the insulating coolant is a non-conductive liquid material stored in a storage vessel, and is supplied to the battery unit casing by a supply valve, circulation pump, and spray heads ([0058-0070, 0099-0110]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add the liquid supply member (storage vessel, supply valve, circulation pump, spray heads) of Lee to the mobile body of Jang, in order to supply a discharge-treatment liquid (insulating coolant) into the housing to prevent re-ignition.
Regarding Claim 6, modified Jang discloses all limitations as set forth above. Modified Jang discloses the closing member (Jang, 300) is positioned on a periphery of the vent hole (Jang, [0093-0096], see expansion member 300 and venting hole H positions in Fig. 13) and comprises a thermally expandable refractory material that expands at a predetermined temperature such that the closing member closes the vent hole when the closing member expands (Jang, expansion member 300 materials are chosen with a specific temperature or “start temperature” for expansion, closes vent hole H [0066-0069, 0094-0117]).
Regarding the limitation “a thermally expandable refractory material,” Examiner notes the instant disclosure does not recite specific examples of this “refractory material” or provide any special definition to the term. Since modified Jang discloses the expansion member 300 meets all positively recited properties for the material (i.e., a “material that expands at a predetermined temperature”), the limitation is met with sufficient specificity.
Regarding Claims 7 and 12, modified Jang discloses all limitations as set forth above. Modified Jang discloses the mobile body further comprises a fire extinguishing agent (Jang, fire extinguishing member 400 [0072-0082]) positioned above the battery in the housing such that the fire extinguishing agent drops at a predetermined temperature (Jang, fire extinguishing member 400 may be located between the cell assembly 100 and the top plate 210 [0089-0092], Fig. 10; releases fire extinguishing material due to increased pressure from expansion material at high heat [0072-0104], Figs. 5-15).
Regarding Claims 8, 13, 14, and 16, modified Jang discloses all limitations as set forth above. Modified Jang discloses the battery (Jang, 100) includes a case and a battery cell accommodated in the case (Jang, secondary battery cell 110 includes an electrode assembly, an electrolyte, and a battery case [0051-0052]), such that the housing (Jang, 200) is configured to removably accommodate the case (Jang, elements of the module case 200 may be assembled with bolt fasteners [0053-0057]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally
be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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