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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BATTERY MODULE COMPRISING A MOVABLE BLOCKING MEMBER AND DEVICE INCLUDING THE SAME.
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 recites “a blocking member located between the pack frame and the end plate” in L5 of the claim.
However, Claim 1 sets forth a plurality of battery modules, each of the plurality of battery modules having an end plate and therefore Claim 1 sets forth a plurality of end plates.
Consequently, it is unclear which end plate of the plurality of end plates the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “a blocking member located between the pack frame and at least one end plate of the plurality of end plates”.
Claims 2-15 are dependent on Claim 1 and therefore are rejected under 35 U.S.C. 112(b) for the reasons set forth above.
Claim 3 recites “wherein the fixing member comprises a first end connected to the frame member and a second end spaced from the frame member” in L3-5 of the claim.
However, Claim 3 sets forth a plurality of fixing members and therefore it is unclear which fixing member of the plurality of fixing member the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the wherein the fixing members each comprise a first end connected to the frame member and a second end spaced from the frame member”.
Claims 4-6 are dependent on Claim 3 and therefore are rejected under 35 U.S.C. 112(b) for the reasons set forth above.
Claim 5 recites “wherein the blocking plate moves from the first end of the fixing member toward the second end of the fixing member”.
However, Claim 5 depends on Claim 3, which sets forth a plurality of fixing members and therefore it is unclear which fixing member of the plurality of fixing member the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the blocking plate moves from the first end of each of the plurality of fixing members toward the second end of each of the plurality of fixing members”.
Claim 6 recites “wherein the fixing member comprises an elastic member” in L1-2 of the claim.
However, Claim 6 depends on Claim 3, which sets forth a plurality of fixing members and therefore it is unclear which fixing member of the plurality of fixing member the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein at least one of the plurality of fixing members comprises an elastic member”.
Claim 7 recites “wherein the blocking member is arranged side by side in a first direction along the end plates of the plurality of battery modules”.
However, Claim 7 depends on Claim 1, which sets forth a single blocking member and therefore it is unclear how the blocking member can be arranged side by side.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the blocking member is arranged in a first direction along the end plates of the plurality of battery modules”.
Claim 8 recites “wherein when thermal runaway occurs, the blocking plate moves by venting gas inside the battery module”.
However, Claim 8 depends on Claim 1, which sets forth a plurality of battery modules and therefore it is unclear which battery module of the plurality of battery modules the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein when thermal runaway occurs in at least one of the plurality of battery modules, the blocking plate moves by venting gas inside the at least one battery module”.
Claim 10 recites “wherein the plurality of protrusions is in contact with an outer side of the end plate”.
However, Claim 10 depends on Claim 1, which sets forth a plurality of battery modules, each of the plurality of battery modules having an end plate and therefore Claim 1 sets forth a plurality of end plates.
Consequently, it is unclear which end plate of the plurality of end plates the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the plurality of protrusions is in contact with an outer side of the at least one end plate” in light of the interpretation of Claim 1 set forth above.
Claim 11 recites “wherein the plurality of protrusions fixes the blocking member on the end plate”.
However, Claim 11 depends on Claim 1, which sets forth a plurality of battery modules, each of the plurality of battery modules having an end plate and therefore Claim 1 sets forth a plurality of end plates. Consequently, it is unclear which end plate of the plurality of end plates the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the plurality of protrusions fixes the blocking member on the at least one end plate” in light of the interpretation of Claim 1 set forth above.
Claim 13 recites “wherein the pack frame shields upper and lower parts of the battery module”.
However, Claim 13 depends on Claim 1, which sets forth a plurality of battery modules and therefore it is unclear which battery module of the plurality of battery modules the limitation is referring to.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the pack frame shields upper and lower parts of each of the plurality of battery modules”.
Claim Objections
Claim 13 is objected to because of the following informalities: L4 of the claim should recite “battery”.
Appropriate correction is required.
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.
Claims 1-3, 5, 7-8, 12-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US PGPub 2021/0402884 A1, cited on the IDS dated February 5, 2024), and further in view of Kuo et al. (US PGPub 2023/0173901 A1).
Regarding Claims 1 and 15, Wang discloses in Figs. 1-12 a device (vehicle) comprising a battery pack (100) ([0112]), the battery pack (100) comprising:
a plurality of battery modules ([0073]);
a pack frame (1, 2) that houses the plurality of battery modules ([0074]); and
a blocking member (15) located between the pack frame (1, 2) and at least one battery module of the plurality of battery modules ([0075]-[0076], [0080]-[0081]),
wherein the blocking member (15) comprises:
a frame member (151) ([0084]);
an opening formed in the frame member (151) ([0084]); and
a blocking plate (152) that covers the opening ([0084]-[0087]);
wherein the blocking plate (152) moves to open and close the opening ([0084]-[0087]).
However, Wang does not disclose each of the plurality of battery modules having an end plate and consequently does not disclose wherein the blocking member is located between the pack frame and at least one end plate of the plurality of end plates.
Kuo teaches in Fig. 2 a battery pack (14) for supplying electrical power to a vehicle, the battery pack (14) comprising a plurality of battery modules (34), each of the plurality of battery modules (34) having an end plate (38) ([0036]).
It would have been obvious to one of ordinary skill in the art to form each of the plurality of battery modules of Wang to have an end plate, as taught by Kuo, as such is a known configuration in the art and therefore the skilled artisan would have a reasonable expectation that such would successfully form a plurality of battery modules suitable for use in the device of Wang.
Regarding Claim 2, modified Wang discloses all of the limitations as set forth above and further discloses wherein the blocking member (15 of Wang) further comprises a mesh structure (151a of Wang) located in the opening, and
wherein the blocking plate (152 of Wang) covers the mesh structure (151a of Wang) (Figs. 4-7, [0090] of Wang).
Regarding Claim 3, modified Wang discloses all of the limitations as set forth above and further discloses wherein the blocking member (15 of Wang) comprises a plurality of fixing members (151b of Wang) (Fig. 8, [0090] of Wang),
wherein the fixing members (151b of Wang) each comprise a first end connected to the frame member (151 of Wang), and a second end spaced from the frame member (151 of Wang) (Figs. 8-9, [0090] of Wang).
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Regarding Claim 5, modified Wang discloses all of the limitations as set forth above and further discloses wherein the blocking plate (152 of Wang) moves from the first end of each of the plurality of fixing members (151b of Wang) toward the second end of each of the plurality of fixing members (151b of Wang) (Figs. 6-9 of Wang).
Regarding Claim 7, modified Wang discloses all of the limitations as set forth above and further discloses wherein the plurality of battery modules are arranged in parallel (Fig. 1, e.g. see the plurality of battery modules positioned parallel to one another), and
wherein the blocking member (15 of Wang) is arranged in a first direction along the end plates of the plurality of battery modules (Fig. 1 of Wang).
Regarding Claim 8, modified Wang discloses all of the limitations as set forth above and further discloses wherein when thermal runaway occurs in at least one battery module of the plurality of battery modules, the blocking plate (152 of Wang) moves by venting gas inside the at least one battery module ([0074]-[0076], [0080]-[0081], [0085] of Wang),
wherein the opening is connected to the outside as the blocking plate (152 of Wang) moves ([0080]-[0081], [0085] of Wang), and
wherein the venting gas is discharged through the opening ([0080]-[0081], [0085] of Wang).
Regarding Claim 12, modified Wang discloses all of the limitations as set forth above and further discloses a partition wall (14 of Wang) located in an inner space of the pack frame (1, 2 of Wang) ([0105] of Wang),
wherein the partition wall (14 of Wang) separates the plurality of battery modules from each other (Figs. 1-2, [0105] of Wang).
Regarding Claim 13, modified Wang discloses all of the limitations as set forth above and further discloses wherein the pack frame (1, 2 of Wang) shields upper and lower parts of each of the plurality of battery modules (Fig. 1 of Wang), and
wherein the partition wall (14 of Wang) shields a side surface of each of the plurality of battery modules (Fig. 2 of Wang).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US PGPub 2021/0402884 A1, cited on the IDS dated February 5, 2024) in view of Kuo et al. (US PGPub 2023/0173901 A1), as applied to Claim 12 above, and further in view of Hermann et al. (US PGPub 2010/0273034 A1).
Regarding Claim 14, modified Wang discloses all of the limitations as set forth above and further discloses wherein the frame member (151 of Wang) is fixed to the partition wall (14 of Wang) (Fig. 2, [0085] of Wang).
However, modified Wang remains silent regarding the method of mixing the frame member to the partition wall and consequently does not disclose wherein the frame member includes a plurality of holes, and wherein a coupling member is inserted into the plurality of holes to couple and fix the frame member to the partition wall.
Hermann teaches a battery pack comprising a blocking member that moves to open and close in order to provide a flow path for hot gas generated during a thermal runaway event to be exhausted out of the battery pack ([0008]).
Specifically, Hermann teaches in Figs. 11-12 a blocking member (1101) including a plurality of holes, wherein a coupling member (1103) is inserted into the plurality of holes to couple and fix the blocking member (1101) to a wall (501) ([0045]).
It would have been obvious to one of ordinary skill in the art to include a plurality of holes on the frame member of the blocking member of modified Wang and to insert a coupling member into the plurality of holes, as taught by Hermann, in order to couple and fix the frame member to the partition wall of modified Wang, as desired by modified Wang.
Claims 1, 3-14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bell (US PGPub 2023/0246288 A1), and further in view of Kuo et al. (US PGPub 2023/0173901 A1) and Seto et al. (WO 2012/133710 A1, cited on the IDS dated May 16, 2025, see also the provided EPO machine generated English translation).
Regarding Claim 1, Bell discloses in Figs. 1 and 7- 12 a battery module (100) having an end plate (104) ([0029]); and
a blocking member (112) ([0030]).
Bell further discloses wherein the intended use of the battery module (100) is not particularly limited and for example may be used to supply electrical power to a vehicle ([0028]).
However, Bell does not disclose a battery pack comprising a plurality of battery modules and a pack frame that houses the plurality of modules.
Kuo teaches in Fig. 2 a battery pack (14) for supplying electrical power to a vehicle, the battery pack (14) comprising a plurality of battery modules (34) and a pack frame (30) that houses the plurality of battery modules (34) ([0032], [0034]-[0037]).
It would have been obvious to one of ordinary skill in the art to utilize a plurality of battery modules of Bell in a battery pack of a vehicle, the battery pack comprising a frame that houses the plurality of battery modules, as taught by Kuo, as the intended use of the battery module of Bell is not particularly limited and therefore the skilled artisan would have a reasonable expectation that such can successfully be used to provide electric power to the vehicle.
Thus, modified Bell discloses wherein the blocking member (112 of Bell) is located between the pack frame (30 of Kuo) and the end plate (104 of Bell) (Figs. 7-8 of Bell and Fig 2 of Kuo).
Modified Bell further discloses wherein the blocking member (112 of Bell) comprises:
a frame member; and
a region (1022 of Bell) that is configured to open when a pressure within at least one of the battery modules (100 of Bell) exceeds a pressure threshold, such as during a failure (Fig. 10, [0071] of Bell).
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However, modified Bell does not disclose wherein the blocking member comprises an opening formed in the frame member, a blocking plate that covers the opening, wherein the blocking plate moves to open and close the opening.
Seto teaches a blocking member for a battery module that is configured to open when a pressure within the battery module exceeds a pressure threshold, such as during a failure, and then close in order to prevent gas from flowing into the battery module from the outside (P5, first paragraph and P27, last paragraph-P28, top of page).
Specifically, Seto teaches in Fig. 11 a blocking member (8) comprising:
a frame member (41) (P26, third paragraph);
an opening (42) formed in the frame member (41) (P26, third paragraph); and
a blocking plate (43) that covers the opening (43) (P26, third paragraph);
wherein the blocking plate (43) moves to open and close the opening (42) (P26, third paragraph-P28, top of page).
It would have been obvious to one of ordinary skill in the art to modify the blocking member of modified Bell to comprise an opening formed in place of the region of modified Bell and a blocking plate that covers the opening and moves to open and close the opening, as taught by Seto, in order to form a blocking member that is configured to open when a pressure within the at least one battery module of modified Bell exceeds a pressure threshold, such as during a failure, as desired by modified Bell, and then close in order to prevent gas from flowing into the at least one battery module from the outside.
Regarding Claims 3 and 5-6, modified Bell discloses all of the limitations as set forth above and further discloses wherein the blocking member (112 of Bell, corresponding to 8 of Seto) further comprises a fixing member (44A),
wherein the fixing member (44A) comprises a first end connected to the frame member (41 of Seto), and a second end spaced from the frame member (41 of Seto),
wherein the blocking plate (43 of Seto) moves from the first end of the fixing member (44A of Seto) toward the second end of the fixing member (44A of Seto),
wherein the fixing member (44A of Seto) comprises an elastic member, and
wherein the blocking plate (43 of Seto) is movable along a direction in which the elastic member extends (Fig. 11 and P26, third paragraph-P28, top of page of Seto).
However, modified Bell discloses a single fixing member and consequently does not disclose a plurality of fixing members.
The Examiner notes that the court has held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04(VI)(B).
Consequently, it would have been obvious to one of ordinary skill in the art to utilize a plurality of fixing members in place of the fixing member of modified Bell, wherein the skilled artisan would have a reasonable expectation that such would successfully form a blocking member that is configured to open when a pressure within the at least one battery module of modified Bell exceeds a pressure threshold, such as during a failure, and then close in order to prevent gas from flowing into the at least one battery module from the outside, as desired by modified Bell.
Regarding Claim 4, modified Bell discloses all of the limitations as set forth above. However, modified Bell does not disclose wherein the second end is coupled to the pack frame.
Though, Seto further teaches wherein the second end is coupled to a support member (45) in order to allow for the blocking plate (43) to move between an open and a closed position (Fig. 11 and P26, third paragraph-P28, top of page).
It would have been obvious to one of ordinary skill in the art to utilize the pack frame of modified Bell as the support frame taught by Seto, such that the second end of modified Bell is coupled to the pack frame, as further taught by Seto, wherein the skilled artisan would have a reasonable expectation that such would successfully allow for the blocking plate of modified Bell to move between an open and a closed position, as desired by modified Bell.
Regarding Claim 7, modified Bell discloses all of the limitations as set forth above and further discloses wherein the plurality of battery modules (100 of Bell) are arranged in parallel ([0053] of Bell), and
wherein the blocking member (112 of Bell) is arranged in a first direction along the end plates (104 of Bell) of the plurality of battery modules (100 of Bell) (Fig. 1 of Bell and Fig. 2 of Kuo).
Regarding Claim 8, modified Bell discloses all of the limitations as set forth above and further discloses wherein when thermal runaway occurs in at least one battery module of the plurality of battery modules (100 of Bell), the blocking plate (43 of Seto) moves by venting gas inside the at least one battery module (100 of Bell),
wherein the opening (43 of Seto) is connected to the outside as the blocking plate (43 of Seto) moves, and
wherein the venting gas is discharged through the opening (42 of Seto) (Fig. 11 and P26, third paragraph-P28, top of page of Seto).
Regarding Claim 9, modified Bell discloses all of the limitations as set forth above and further discloses wherein the blocking member (112 of Bell) comprises a plurality of protrusions formed on the frame member (Fig. 10 of Bell).
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Regarding Claim 10, modified Bell discloses all of the limitations as set forth above and further discloses wherein the plurality of protrusions is in contact with an outer side of the at least one end plate (104 of Bell) (Fig. 7, [0030] of Bell).
Regarding Claim 11, modified Bell discloses all of the limitations as set forth above and further discloses wherein the plurality of protrusions fixes the blocking member (112 of Bell) on the least one end plate (104 of Bell) (Fig. 7, [0030] of Bell).
Regarding Claim 12, modified Bell discloses all of the limitations as set forth above and further discloses a partition wall (54 of Kuo) located in an inner space of the pack frame (30 of Kuo),
wherein the partition wall (54 of Wang) separates the plurality of battery modules (100 of Bell, corresponding to 30 of Kuo) from each other (Fig. 2, [0040]-[0043] of Kuo).
Regarding Claim 13, modified Bell discloses all of the limitations as set forth above and further discloses wherein the pack frame (30 of Kuo) shields upper and lower parts of each of the plurality of battery modules (100 of Bell, corresponding to 30 of Kuo) (Fig. 2, [0037] of Kuo, e.g. see tray 42 and lid 42), and
wherein the partition wall (54 of Kuo) shields a side surface of each of the plurality of battery modules (100 of Bell, corresponding to 30 of Kuo) (Fig. 2, [0040]-[0043] of Kuo).
Regarding Claim 15, modified Bell discloses a device (vehicle) comprising the battery pack set forth above (Fig. 2, 0032], [0034]-[0037] of Kuo).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BASIA RIDLEY can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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