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
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 1-13 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.
Below is a non-limited list of indefinite issues.
Claim 1 recites “a battery case openable at front and rear surfaces” and “a sealing portion formed on each of the front and the rear surface of the battery cases” in lines 6-9. It is unclear what is being claimed. The term “openable” in the claim is a relative term which renders the claim indefinite. The term “openable” 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.
Applicant discloses each battery cell (110) is a pouch (fig. 7) having a case portion (or a tubular body 114) that has openings (see fig. 8) and sealing portions (or end portions 114sa and 114b, fig. 7). There is nothing about openable case, e.g. the case is capable of being opened in the final product, being described. For the purpose of this office action, the limitations “each of the plurality cells includes an electrode assembly, and a battery cases openable at front and rear surfaces of the battery case, the battery case housing the electrode assembly and wherein a sealing portion is formed on each of the front and the rear surface of the battery case” is construed as each battery cell is a pouch battery cell that inherently has a case (or a tubular portion 114) with openings to receive the electrode assembly and a sealing portion (or end portions) to form a pouch as shown in fig. 7 of Applicant’s disclosure.
Claim 1 recites “the front and the rear surface” in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-13 are rejected on the same ground as claim 1.
Claim 2 recites the limitation “the battery cases” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites “an upper portion of the battery cell stack” in lines 2-3, and “an upper portion of the battery cell stack” in line 4. It is unclear if “an upper portion of the battery cell stack” recited in line 4 is the same as or different from “an upper portion of the battery cell stack” recited in lines 2-3.
Claim 4 depends on claim 1 and recites “each of the plurality of battery cells is sealed by the sealing portions on the front and rear surfaces of the respective battery case”. There is insufficient antecedent basis for the limitations “the sealing portions” and “the respective battery case” in the claim. In addition, it is unclear if “the respective battery case” is the same as or different from “a battery case” recited in claim 1.
Claim 5 recites “each of the plurality of battery cells further comprises electrode leads protruding from the respective battery cell” in lines 2-3. It is unclear if “the respected battery cell” is the same as or different from “each of the plurality of battery cells”.
Claim 5 recites the limitation "the electrode lead" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the electrode lead” recited in line 4 is the same as or different from “electrode leads” recited in line 2.
Claim 6 depends on claim 1 and recites the limitation "the respective battery case" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the respective battery case” recited in claim 6 is the same as or different from “a battery case” recited in claim 1.
Claims 7-12 are rejected on the same ground as claim 6 and for reciting the same issues as claim 6.
Claim 7 depends on claim 1 and recites “the sealing portion formed at the one side portion of each of the plurality of battery cell protrudes from an unopened surface of the respective battery case, the unopened surface being one of the front and rear surfaces of the respective battery case”, while claim 1 recites “a battery case openable at front and rear surfaces of the battery case” in line 6-7. The metes and bounds of the claim cannot determined, since claim 7 recites a limitation that is contradictory to the limitation recited in claim 1. A battery case openable at the front and rear surfaces can’t be unopened at one of the front and rear surfaces. In addition, it is unclear if “the sealing portion” recited in claim 7 is the same as or different from “a sealing portion” recited in claim 1.
Claims 9-12 recite the limitation “the respective one side portion”. There is insufficient antecedent basis for this limitation in the claims.
Claim 12 recites “the protruding sealing portions” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 depends on claim 1 and recites “sealing portions”, while claim 1 recites “a sealing portion”. Claim 4 recites different range from claim 1, and therefore fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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(s) 1-9 and 11-13 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Choi et al. (US 2021/0028517, Cite No. 1 of U.S. Patent Application Publications in IDS 2/25/2025).
Regarding claims 1 and 13, Choi et al. discloses a battery pack comprising a battery module (figs. 1-2) comprising:
a battery cell stack (1) including a plurality of battery cells (10); and
a module frame (see case 30 including a first plate 50 and a second plate 40) that houses housing the battery cell stack (1, see figs. 1-2);
wherein each of the plurality of battery cells (10, figs. 3-4) includes
an electrode assembly ([0042-0049),
a battery case (see receiving portion 204 in a container form, figs. 3-4) openable at front and rear surfaces of the battery case (e.g. having openings or opened/expanded portions at the front and rear surfaces of the pouch), the battery case housing the electrode assembly ([0042-0049]), and
a sealing portion (2021) is formed on each of the front and the rear surface of the battery case (204, see fig. 3).
Regarding claim 2, Choi et al. discloses a battery as in claim 1 above, and teaches each of the battery case (204 in container form) is a tubular case (see figs. 2-9).
Regarding claim 3, Choi et al. discloses a battery module as in claim 1 above, and teaches a thermally conductive resin layer (90) located between an upper portion of the battery cell stack (1) and the module frame (40, see figs. 2, 4 and 8), wherein an upper portion of the battery cell stack contacting the thermally conductive resin layer is flat (see figs. 2, 4 and 8, [0094]).
Regarding claim 4, Choi et al. discloses a battery module as in claim 1 above, and teaches each of the plurality of battery cells (10) is sealed by sealing portions (2021) on the front and rear surfaces of the respective battery case (204, see fig. 3).
Regarding claim 5, Choi et al. discloses a battery module as in claim 1 above, and teaches each of the plurality of battery cells (10) further comprise electrode leads (15) formed protruding from the battery cell (10, see figs. 2-9), and the sealing portion (2021) is formed to be positioned adjacent to the electrode lead (15, see fig. 3 and also see figs. 2 and 5-6).
Regarding claim 6, Choi et al. discloses a battery module as in claim 1 above, and teaches a sealing portion (202 of 2021 and 2022) formed at one side portion of each of the plurality of battery cells and protruding from the respective battery case (204, fig. 3).
Regarding claim 7, Choi et al. discloses a battery module as in claim 6 above, and teaches the sealing portion (2022 of 202) formed at the one side portion of each of the plurality of battery cells protrudes from an unopened one surface of the battery case (or the side surface of the container 204), wherein the unopened surface is one of the front and rear surfaces of the battery case (204, see fig. 3).
Regarding claim 8, Choi et al. discloses a battery module as in claim 6 above, and teaches the one side portion of each of the plurality of battery cells is an upper one side portion of the battery case (204, see figs. 3 and 4).
Regarding claim 9, Choi et al. discloses a battery module as in claim 6 above, and teaches the sealing portion (202) formed at the one side portion of each of the plurality of battery cells is formed at an edge of the one side portion (or the peripheral of the side portion, see figs. 3-4).
Regarding claim 11, Choi et al. discloses a battery module as in claim 6 above, and teaches the sealing portion (2022) formed at the one side portion of each of the plurality of battery cells is formed at a center of the one side portion (see figs. 3-4).
Regarding claim 12, Choi et al. discloses a battery module as in claim 11 above, and teaches each of the protruding sealing portions (2022) is bent and adhered from the center of the respective one side portion toward the edge of the respective one side portion (see figs. 3-4).
Claim(s) 1-2, 4-10 and 13 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Yoo et al. (US 2020/0343499, Cite No. 2 of U.S. Patent Application Publications in IDS 2/25/2025).
Regarding claims 1 and 13, Yoo et al. discloses a battery pack comprising a battery module (figs. 1-3) comprising:
a battery cell stack (100) including a plurality of battery cells (110); and
a module frame (see 210) that houses housing the battery cell stack (100, see figs. 1-3);
wherein each of the plurality of battery cells (110, fig. 3) includes
an electrode assembly ([0047-0049]),
a battery case (see pouch exterior 113) openable at front and rear surfaces of the battery case (e.g. having openings or opened/expanded portions at the front and rear surfaces of the pouch), the battery case housing the electrode assembly ([0047-0049]), and
a sealing portion (S3 and S4) is formed on each of the front and the rear surface of the battery case (113, see fig. 3).
Regarding claim 2, Yoo et al. discloses a battery as in claim 1 above, and teaches each of the battery case (113) is a tubular case (see figs. 2 and 6-8).
Regarding claim 4, Yoo et al. discloses a battery module as in claim 1 above, and teaches each of the plurality of battery cells (110) is sealed by sealing portions (S3 and S4) on the front and rear surfaces of the respective battery case (113, see fig. 3).
Regarding claim 5, Yoo et al. discloses a battery module as in claim 1 above, and teaches each of the plurality of battery cells (110) further comprise electrode leads (111A and 111B) formed protruding from the battery cell (110, see fig. 3), and the sealing portion (S3 and S4) is formed to be positioned adjacent to the electrode lead (111A and 11B, see fig. 3 and also see figs. 2 and 5-6).
Regarding claim 6, Yoo et al. discloses a battery module as in claim 1 above, and teaches a sealing portion (S1-S4) formed at one side portion of each of the plurality of battery cells and protruding from the respective battery case (204, fig. 3).
Regarding claim 7, Yoo et al. discloses a battery module as in claim 6 above, and teaches the sealing portion (S3 and S4) formed at the one side portion of each of the plurality of battery cells protrudes from an unopened one surface of the battery case (113), wherein the unopened surface is one of the front and rear surfaces of the battery case (113, see fig. 3).
Regarding claim 8, Yoo et al. discloses a battery module as in claim 6 above, and teaches the one side portion of the sealing portion (S1) of each of the plurality of battery cells is an upper one side portion of the battery case (113, see figs. 3 and 6-8).
Regarding claim 9, Yoo et al. discloses a battery module as in claim 6 above, and teaches the sealing portion (S1-S4) formed at the one side portion of each of the plurality of battery cells is formed at an edge of the one side portion (or the periphery of the pouch exterior 113, see fig. 3).
Regarding claim 10, Yoo et al. discloses a battery module as in claim 9 above, and teaches each of the protruding sealing portions (S1) is bent and adhered from the edge of the respective one side portion toward a center of the one side portion (see figs. 6-8).
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.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2021/0028517) as applied to claim 1 above, in view of Yoo et al. (US 2020/0343499).
Regarding claim 10, Choi et al. discloses a battery module as in claim 9 above, wherein Choi et al. shows the protruding sealing portion is bent and adhered from the center of the one side portion toward the edge of the one side portion (see fig. 4).
Choi et al. does not explicitly show the protruding sealing portion is bent and adhered from the edge of the one side portion toward a center of the one side portion.
Yoo et al. discloses the protruding sealing portion (S1) is bent and adhered from the edge of the one side portion toward a center of the one side portion (see figs. 6-8).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the battery module of Choi et al. by rearranging the sealing portion to be bent and adhered from the edge of the one side portion toward a center of the one side portion as taught by Yoo et al., because such modification is a mere rearrangement of the system parts that would not modify the operation of the system, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726
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