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.
Claim(s) 1, 3, 4, 6-9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zhao et al. (CN214624512U).
As to claim 1. Zhou et al. discloses an inter-module busbar, comprising:
a metal plate (5-high voltage connector) for electrical connection;
a first insulating layer (1-glass fiber cloth layer) configured to enclose at least a part of the metal plate (figure 1), the first insulating layer being expandable at high temperatures (glass fiber will expand at high temperatures); and
a second insulating layer (3- fireproof layer) added to the first insulating layer (figure 1), the second insulating layer being configured to be ceramized at high temperatures (silicone material Fire-retardant silicone is a refractory material that transforms from highly elastic silicone into a hard ceramic body at high temperatures-[0035]).
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 3. Zhao et al. discloses the inter-module busbar according to claim 1, wherein the second insulating layer comprises at least one of a highly heat-resistant silicone ([0035]-fire retardant silicone).
As to claim 4. Zhou discloses the inter-module busbar according to claim 3, wherein the second insulting layer is a silicone material, since this is the applicants’ material for the second insulating layer it is expected that it is ceramized at a temperature of at least 1,200° C.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 6. Zhao et al. discloses the inter-module busbar according to claim 4, wherein, when the first insulating layer expands, the metal plate in the first insulating layer and the second insulating layer is not exposed.
While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997.) In this case, since the heat retardant and insulting layers are present the metal would not be exposed
As to claim 7. Zhao et al. discloses the inter-module busbar according to claim 1, wherein the first insulating layer and the second insulating layer are not added to opposite ends of the metal plate, and the metal plate is exposed to constitute an electrical connection portion [0038] as a connection is done at the ends there would not be first and second insulating layers at the ends.
As to claim 8. Zhao et al. discloses The inter-module busbar according to claim 6, wherein the electrical connection portion is provided with at least one opening (531, 511 connecting holes) for connection.
As to claim 9. A battery pack comprising battery modules electrically connected using the inter-module busbar according to claim 1 [0038].
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN214624512U) in view of Guo et al. (CN 218274013 U)
As to claim 2. Zhao et al. discloses the inter-module busbar according to claim 1 with the first insulating layer being glass fiber cloth but does not disclose the first insulating layer comprises expandable flame-retardant silicone.
Guo et al. discloses a bus bar (1-conductor) with an insulating layer (2-insulating layer) which is a ceramic silicone rubber insulating layer [0023] and the insulation resistance of the silicone rubber can withstand high temperatures of 400-1100 for 1 hour [0023].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was filed to replace the glass fiber with the ceramicized silicone rubber later as it can withstand at high temperatures of 400-1100 for 1 hour.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN214624512U) in view of Ichikawa et al. (US 2018/0309281 A1) and Petrevski et al. (US 2017/0263903 A1).
As to claim 10. The battery pack according to claim 9, but fails to disclose the particulars of the battery pack and module connection.
Ichikawa et al. discloses a battery module comprised of multiple battery packs inside a housing [0016]. Ichikawa discloses the battery pack (battery module) comprises:
a battery pack housing (battery module housing- not shown-[0016]) configured to receive two or more battery modules (battery pack 2a-2d);
Ichikawa discloses inter-module busbars (4) configured to electrically connect the battery modules to each other (figure 1), and electrical connection portions provided at opposite ends of the inter-module busbar of the inter-module busbar to which the first insulating layer and the second insulating layer are not added are coupled to connectors of the battery modules (figure 1 –[0038]) but does not explicitly disclose:
a pack frame configured to allow the battery modules to be disposed in spaces partitioned therein in order to position the battery modules; and
wherein the inter-module busbar is disposed such that the first insulating layer and the second insulating layer are located at an upper surface of the pack frame,
Petrevski et al. discloses a battery pack with a plurality of modules separated by an internal partition walls 73 (figure 3).
It would have been obvious to include the partition walls of Petrevski et al. to the housing of modified Zhao because this would separate the modules from each other and also provide stiffening structure to the housing.
The combination of references would yield the inter-module busbar is disposed such that the first insulating layer and the second insulating layer are located at an upper surface of the pack frame.
As to claim 11. The battery pack according to claim 10, wherein, when the second insulating layer is ceramized and the first insulating layer expands due to an increase in temperature of the pack frame, an insulated state of the inter-module busbar is maintained while the metal plate is not exposed in a state in which the inter-module busbar is in contact with the pack frame.
While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997.) In this case, since the heat retardant and insulting layers are present the metal would not be exposed
Allowable Subject Matter
Claim 5 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
While the prior art of record discloses the first and second insulating layer, it does not suggest or disclose that cracks are formed in the second insulating layer due to an increase in temperature, the first insulating layer expands and is inserted into the cracks to fill spaces in the cracks.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/Primary Examiner, Art Unit 1727
