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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-13 in the reply filed on 9/15/2026 is acknowledged. The traversal is on the ground(s) that claims of Groups II and III are dependent claims that depend from claim 1 and therefore include all of the particulars of claim 1. This is not found persuasive because the instant application is a national stage application, and restriction of claims of the instant application are made in accordance with unity of invention (see Restriction Requirement dated 7/28/2026 and 37 CFR 1.475(a)-(d) and 35 U.S.C. 121 and 372). Applicant’s arguments that claims of Groups II and III include all of the particulars of claim 1 of Group I is irrelevant.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/15/2026.
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.
Claim(s) 1-6, 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon et al. (US 2022/0085437A1).
Regarding claim 1, Jeon discloses a battery module (see Title, Abstract, Fig. 1-9), comprising:
a cell assembly having at least one battery cell (cell sack 1 formed by stacking a plurality of battery cells 10 [0047], Fig. 2-3); and
a module frame configured to accommodate the at least one battery cell in at least one cell accommodation portion, the at least one cell accommodation portion having an open part (battery module 11 including a first heat dissipation member 40, a second heat dissipation member 50 [0046], see Fig. 1-2).
Regarding claim 2, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the open part of the at least one cell accommodation portion is located at an upper side or a lower side of the at least one battery cell (Fig. 1-2 show open part located at an upper side or lower side).
Regarding claim 3, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the at least one battery cell is a plurality of battery cells (plurality of battery cells 10 [0047], Fig. 2-3), and the at least one cell accommodation portion is a plurality of cell accommodation portions (blocking member 80 in zigzag form to provide a plurality of insulation spaces S in which the respective battery cells 10 are disposed [0081]), wherein the plurality of battery cells are accommodated in the plurality of cell accommodation portions, respectively (blocking member 80 in zigzag form to provide a plurality of insulation spaces S in which the respective battery cells 10 are disposed [0081]), and wherein the plurality of cell accommodation portions are configured such that, when viewed in a stacking direction of the plurality of battery cells, a part of the plurality of cell accommodation portions located at the upper side of the plurality of battery cells and a part located at the lower side of the plurality of battery cells are alternately opened (zigzag form to provide a plurality of insulation spaces S [0081], Fig. 2,4-9).
Regarding claim 4, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the plurality of cell accommodation portions are configured to be separated from each other by a barrier when viewed in the stacking direction of the plurality of battery cells (blocking member 80 [0081], or flame-retardant member 30 [0126]-[0139], Fig. 6-7).
Regarding claim 5, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses when viewed in the stacking direction of the plurality of battery cells, the barrier is formed in a multi-folded structure (blocking member 80 in zigzag form [0081], Fig. 2,4-9).
Regarding claim 6, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the at least one battery cell includes a cell case having an accommodation space for accommodating an electrode assembly therein and an electrode lead electrically connecting the electrode assembly to the outside (pouch 11 provide an internal space in which the electrode assembly and an electrolyte (not shown) are accommodated; electrode lead 15 exposed externally [0054], Fig. 3), and
wherein the cell case is configured to come into contact with an inside of the at least one cell accommodation portion (blocking member 80 disposed in zigzag form to provide a plurality of insulation spaces S in which the respective battery cells 10 are disposed [0080]-[0083], Fig. 2,4-9).
Regarding claim 8, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the at least one cell accommodation portion is configured to be open at longitudinal sides of the at least one battery cell (see Fig. 2).
Regarding claim 9, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses a cell fixing member configured to enclose the cell assembly and the module frame (second heat dissipation member 50 and the side cover 60 are coupled to the first heat dissipation member 40 to provide an accommodating space D in which the cell stacks 1 are disposed [0099]).
Regarding claim 10, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses a thermal blocking member disposed on at least one side of the cell case within the at least one cell accommodation portion (heat transfer member 90 [0109]-[0116], Fig. 2,4-5; or flame-retardant member 30 [0126]-[0139], Fig. 6-7).
Regarding claim 11, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses a guide portion provided on at least one longitudinal side of the at least one cell accommodation portion and formed by bending in a stacking direction of the cell assembly (the blocking member 80 is made by folding the continuous sheet of material multiple times while alternating the direction of folding in a zigzag pattern in order to form the multiple insulation spaces S [0081]).
Regarding claim 12, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses a bus bar frame for supporting a bus bar electrically connected to an electrode lead of the at least one battery cell accommodated in the at least one cell accommodation portion of the module frame (bus bar assembly 70 [0106], wherein the bus bar frame includes a fixing groove into which an end of the module frame is inserted by a predetermined length and fixed (Fig. 2 shows bus bar assembly 70 including grooves).
Regarding claim 13, Jeon discloses all of the claim limitations as set forth above. Jeon further discloses the bus bar frame includes: a first bus bar frame having a first fixing groove into which a first end of the module frame is inserted and fixed; and a second bus bar frame having a second fixing groove into which a second end of the module frame is inserted and fixed (bus bar assembly 70 provided on both ends [0106], Fig. 1-2).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2022/0085437A1), as applied to claims 1-6, 8-13 above.
Regarding claim 7, Jeon discloses all of the claim limitations as set forth above. Further regarding claim 7 reciting “the at least one cell accommodation portion is longer than the cell case in a longitudinal direction of the at least one battery cell”, although Jeon does not expressly disclose the cell accommodation portion is longer than the cell case in a longitudinal direction, the reference discloses a blocking member 80 is provided to block the propagation of flame or heat by the flame to other battery cells 10 when a flame occurs in any one battery cell 10 ([0082]) such that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to extend the blocking member 80 in the longitudinal direction to be longer than the length of the battery cell to improve its flame/heat blocking properties.
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICOLE BUIE-HATCHER can be reached at (571)270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Lee/Primary Examiner, Art Unit 1725 9/28/2026
