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 § 102
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 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 1-4, 15, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun-Mo et al. (CN-114188629-A), hereafter referred to simply as Sun-Mo.
Regarding Claim 1, Sun-Mo teaches a battery pack (“A battery module,” paragraph 11), comprising: a plurality of pouch-type battery cells (“Each battery cell 10 can be a pouched type secondary battery,” paragraph 57; 11 in Fig. 3); a pack case configured to store the pouch-type battery cells in an inner space thereof (“heat dissipation component 40,” paragraph 99; 42, 44, 46, and 50/90 in Figure 5);
and a cell cover (“blocking member 80,” paragraph 131; 80 in Figs. 2 and 4-7) configured to at least partially surround an exterior of at least a first battery cell and a second battery cell of the plurality of pouch-type battery cells in the inner space of the pack case, the first battery cell being, which are adjacent to the second battery cell (“the blocking component 80 is configured to cover at least the top surface, bottom surface and a longitudinal side surface of each of the battery cells 10,” paragraph 92), wherein the cell cover includes: a partition cover unit disposed between a first side of the first battery cell and a first side of the second battery cell to partition the first battery cell from the second battery cell; a first side cover unit facing the partition cover unit to cover a second side of the first battery cell; a second side cover unit facing the partition cover unit to cover a second side of the second battery cell (“a rectangular frame having a top side, a bottom side, and only one closed side,” paragraph 90); an upper cover unit connected to a top of the first side cover unit at a top of the partition cover unit to surround an upper side of the first battery cell; and a lower cover unit connected to a bottom of the second side cover unit at a bottom of the partition cover unit to surround a lower side of the second battery cell (“each insulation space has an open longitudinal side opposite to the open longitudinal side of the adjacent insulation space,” paragraph 90). Figs 2 and 4-7 show that blocking member 80 forms an S shape around the battery cells where both sides each battery are covered, and the tops and bottoms of the adjacent cells are alternately covered.
Regarding Claim 2, Sun-Mo teaches that the first battery cell is placed in an upright position between the first side cover unit and the partition cover unit, and wherein the second battery cell is placed in an upright position between the second side cover unit and the partition cover unit. Figures 4 and 5 show the battery cells in upright position between the side cover units and partition cover units. While this is not primary orientation disclosed, Sun-Mo notes that “in this specification, the terms "upper side," "upper part," "lower side," "lower part," "side," etc., are described based on the illustrations in the accompanying drawings, and can be represented in different ways when the orientation of the corresponding object changes,” paragraph 53.
Regarding Claim 3, Sun-Mo further teaches the battery pack according to claim 2, wherein the cell cover includes: a lower opening through which the lower part of the first battery cell is exposed toward the inner surface of the pack case; and an upper opening through which an upper part of the second battery cell is exposed toward the inner surface of the pack case. Figure 4 shows that the cell cover 80 for the battery cells 10 (e.g., 10a and 10b) includes openings that alternately expose the lower and upper parts of the battery cells to the inner surface of the pack case.
Regarding Claim 4, Sun-Mo further teaches that the upper cover unit has a first particle pocket configured to be spaced apart from the first battery cell and configured to collect particles ejected from the first battery cell when a thermal event occurs, and wherein the lower cover unit has a second particle pocket configured to be spaced apart from the second battery cell and configured to collect particles ejected from the second battery cell when the thermal event occurs. Figure 5 shows that space S for each battery cell includes a cavity that could collect ejected particles when a thermal event occurs.
Regarding Claim 15, Sun-Mo further teaches that the cell cover is configured such that at least one side of the surrounded pouch-type battery cell is exposed toward the inner surface of the pack case. Figure 4 shows that the cell cover 80 for the battery cells 10 (e.g., 10a and 10b) includes openings that alternately expose the lower and upper parts of the battery cells to the inner surface of the pack case.
Regarding Claim 16, Sun-Mo further teaches that the cell cover is directly on the pack case. Figs. 4 and 5 show that the cell cover 80 is in direct contact with the pack case (collectively 42, 44, 46, and 50/90).
Regarding Claim 19, Sun-Mo further teaches a vehicle, comprising the battery pack according to claim 1 (“Battery stability is very important in electric vehicles or energy storage systems. Therefore, designs are needed to prevent battery cells from overheating or thermal runaway,” paragraph 7; “The purpose of this invention is to provide a battery module that can suppress the spread of flame or heat when the battery cell overheats,” paragraph 9, indicating Sun-Mo’s disclosed battery pack is clearly intended for a vehicle comprising said battery pack).
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.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sun-Mo in view of Shin et al. (US-20210028423-A1), hereafter referred to simply as Shin.
Regarding Claim 5, Sun-Mo does teach that the upper cover unit includes a central portion disposed between two side portions of the upper cover unit, at least one side portion of the upper cover protrudes upward, and wherein the lower cover unit includes a central portion disposed between two side portions of the lower cover unit, at least one side portion of the lower cover unit protrudes downward (Figure 5 shows that space S for each battery cell is formed by the side portions protruding away from the battery, alternately upward and downward). Sun-Mo does not teach that the central portion of the upper cover unit defining a concave shape extending downward or that the central portion of the lower cover unit defining a concave shape extending upward. However, Shin teaches a battery pack where pairs of cells are contained in a cell holder. Each cell holder includes a central portion disposed between two side portions of the upper cover unit, wherein the central portion has a concave shape extending downward toward the cell (see Figs. 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack and cell cover taught by Sun-Mo, and modify the alternating upper and lower central portions to match the concave shape taught by Shin. Please see MPEP § 2144.04(IV)(B) for Changes in Shape.
Regarding Claim 6, Shin further teaches that the upper cover unit gradually protrudes from the central portion of the upper cover unit to at least one of the side portions of the upper cover unit, and wherein the lower cover unit gradually protrudes from the central portion of the lower cover unit to at least one of the side portions of the lower cover unit. Figs. 1-3 show that the upper cover units form a v-shape that gradually protrudes upwards to both side portions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack and cell cover taught by Sun-Mo, and modify the alternating upper and lower central portions to match the v-shape taught by Shin. Please see MPEP § 2144.04(IV)(B) for Changes in Shape.
Claims 7 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sun-Mo in view of Jeon et al. (US-20220052392-A1), hereafter referred to simply as Jeon.
Regarding Claim 7, Sun-Mo does not teach that the pack case includes a lower venting portion and an upper venting portion, the lower venting portion in fluid communication with the lower opening so that gas generated from the first battery cell is discharged to the outside through the lower opening, and the upper venting portion in fluid communication with to the upper opening so that gas generated from the second battery cell is discharged to the outside through the upper opening. However, Jeon teaches a battery pack with a plurality of pouch-type cells, wherein the pack case (“The case 30 of the present exemplary embodiment may include a first plate 50 disposed on one side of the battery cell stack 1, a second plate 40 disposed on the other side of the battery cells 10,” paragraph 111; 30 in Fig. 1) includes a venting portion (“the case includes at least one discharge hole formed on a surface thereof,” paragraph 22; 45 in Figs. 1 and 2) in fluid communication with the opening so that gas generated from the battery cell is discharged to the outside through the opening (“discharge hole 45 may be used as a passage for discharging gas discharged from the cell group 2 externally of the battery module 100,” paragraph 119; “the discharge hole 45 and the gas outlet 22 may be arranged to overlap each other,” paragraph 122; 22 and 45 in Fig. 2). Jeon explains that the purpose of these venting portions is “for discharging gas formed in the battery cell,” paragraph 18.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Sun-Mo and modify the pack with venting portions on either side of the cells that can ultimately discharge gas outside the battery pack, in order to create a path for discharging gas created by the battery cells, as taught by Jeon.
Regarding Claim 12, Sun-Mo further teaches that the battery pack includes a thermal resin interposed at least partially between the cell cover and the pack case and between the plurality of pouch-type battery cells and the pack case (“the heat transfer component 90 may be formed from, but is not limited to, thermal grease, thermal adhesive made of epoxy resin, and thermal pad” paragraph 121; 90 in Fig. 4 is interposed between the pack case 50 and the cell cover 80/the plurality of pouch-type battery cells 10).
Regarding Claim 13, Jeon further teaches the upper venting portion and the lower venting portion do not include the thermal resin. Specifically, Jeon teaches a “heat transfer member 29 may be formed of any one of a thermal adhesive such as a thermal grease or an epoxy resin and a thermally conductive pad,” paragraph 141; “The heat transfer member 29 may be disposed on the inner surface of the case 30 in the form of a pad or may be applied as a liquid or a gel to the inner surface of the case 30,” paragraph 142. Fig. 2 shows that the heat transfer member is not located where the venting portions are.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack and resin taught by Sun-Mo, modify the pack with venting portions on either side of the cells, and modify the resin to not be included where venting portions are added, as taught by Jeon, in order to create a path for discharging gas created by the battery cells, as taught by Jeon.
Regarding Claim 14, Sun-Mo does not teach the battery pack according to claim 1, wherein the cell cover is configured to partially surround the pouch-type battery cell such that at least one side of the pouch-type battery cell is exposed to the outside. However, Jeon teaches a battery pack with a plurality of pouch-type cells, where at least one side of each cell is exposed to the outside via a series of holes, each corresponding to one cell (“discharge hole 45 may be used as a passage for discharging gas discharged from the cell group 2 externally of the battery module 100,” paragraph 119; “the discharge hole 45 and the gas outlet 22 may be arranged to overlap each other,” paragraph 122; 22 and 45 in Fig. 2). Jeon explains that the purpose of exposing at least one side of each cell to the outside is “for discharging gas formed in the battery cell,” paragraph 18.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Sun-Mo and modify the pack with holes on either side of the cells that ultimately expose that side of the cell to the outside, in order to create a path for discharging gas created by the battery cells, as taught by Jeon.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sun-Mo in view of Jeon and in further view of Hwan et al. (KR-20180106421-A), hereafter referred to simply as Hwan.
Regarding Claim 8, Sun-Mo does not further teach that the cell cover has an insert pin protruding from at least one of the first side cover unit and the second side cover unit toward the inner surface of the pack case to be inserted into the pack case, and wherein the pack case has an insert pin receiving portion formed on the inner surface to accommodate the insert pin. However, Hwan teaches a battery pack separated by side cover units that each have an insert pin protruding from them toward the inner surface of the pack case [“cooling fin (30) may further have a fixing part (38) extending from the other end of the contact part (32) so as to be fitted onto the other edge (15) of the cartridges (12), as shown in FIG. 2,” paragraph 39], and wherein the pack case has an insert pin receiving portion formed on the inner surface to accommodate the insert pin [“each cartridge (12) may further have a fixing groove (16) formed on the inner side of the other edge (15) so that the fixing part (38) of the cooling fins (30) is fitted together,” paragraph 39; 16 in Fig. 2]. Hwan explains the benefit is to fix the side cover units to the pack case [“accordingly, the cooling fins (30) can be fixed to the cartridges (12) by the fitting combination of the fixing part (38) and the fixing groove (16),” paragraph 39].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack and its cell cover taught by Sun-Mo (modified with venting portions per Jeon) and further modify the cell cover to include insert pins that protrude out of the side units and into the pack case, as taught by Hwan, in order to affix the cell cover to the pack case.
Regarding Claim 9, although Hwan does not teach venting portions in their disclosed battery pack, the insert pin and insert pin receiving portions taught by Hwan could easily be located adjacent to at least one of the upper venting portion and the lower venting portion in the battery pack taught by Sun-Mo when such a battery pack is modified to have venting portions, as taught by Jeon. Please see MPEP § 2144.04(VI)(C).
Regarding Claim 10, Hwan further teaches that the insert pin includes an insert portion inserted into the pack case, and a deformation portion provided at a connection between the insert portion and at least one of the first side cover unit and the second side cover unit. Fig. 2 shows that the side cover units (30/32) include insert portions/deformation portions (34) that are inserted into the pack case itself on either side (12/40).
Regarding Claim 11, Hwan further teaches that the deformation portion is provided at the same height as the inner surface of the pack case when the insert pin is inserted into the pack case [“the fitting portion (34) protrudes from one side of the cartridge (12) to the outside of the battery stack (10),” paragraph 38].
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sun-Mo in view of Zhao et al. (US-20170187082-A1), hereafter referred to simply as Zhao.
Regarding Claim 17, Sun-Mo teaches that the cell cover includes an insulating layer on the inner surface (“the blocking component 80 is configured to alternately cover a battery cell 10 and two flame-retardant components 30 disposed on both sides of the battery cell 10,” paragraph 145; 30 in Fig. 7). Sun-Mo does not teach that the insulating layer specifically be a coating layer. However, Zhao teaches a battery pack with a plurality of cells placed in an s-shaped cell cover (“heat conducting shelf 320 comprises a main plate body 321 configured to be in surface contact with a cell 303,” paragraph 120; 321 in Fig. 7). Zhao further teaches a coating layer on the inner surface of the cell cover (“an insulated heat conducting layer disposed on a surface of the heat conducting shelf for contacting the at least one of the cells,” paragraph 24).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply known coating techniques, such as those taught by Zhao, to add an insulating coating layer that either replaces or complements the insulating layer on the inner surface of the cell cover taught by Sun-Mo to yield the predictable result of improved insulation.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Sun-Mo in view of Syed et al. (US-20130101881-A1), hereafter referred to simply as Syed.
Regarding Claim 18, Sun-Mo does not teach the battery pack according to claim 1, wherein the cell cover is provided in plurality to be adjacent to each other, and wherein an adhesive member is provided to at least one of the first side cover unit and the second side cover unit of the cell covers adjacent to each other. However, Syed does teach a battery pack with a plurality of cells and a cell cover (“numerous individual battery cells 105 are axially separated from one another by a serpentine-shaped wave fin 110,” paragraph 21; “wave fin 110 has straight sections 115 that extend adjacent to the generally planar surfaces of the various battery cells 105, as well as crest sections 120,” paragraph 21; 110, 115, and 120 in Fig. 2). Syed teaches that the cell cover could be provided in plurality where an adhesive member is applied to the side cover units [“the wave fin 110 may be formed from a single, elongated sheet of appropriate material (such as the aforementioned aluminum or one of its alloys), thereby trivially satisfying the one-piece requirement. Likewise, numerous discrete sheets can be secured together (such as by welding, adhesives, fasteners or other techniques known in the art) such that the construction and operation of the wave fin 110 takes on single-piece attributes,” paragraph 23].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to try connect discrete units of the cell cover via adhesive members, as taught by Syed, rather than providing it as a single unit, as taught by Sun-Mo, to yield the same result.
Conclusion
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/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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