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 .
Examiner’s Comment
The Examiner has cited particular columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
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.
Claims 1, 6-14, and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by WO 2023210931 (“Yun et al.”). The Examiner notes that US Pub. No. 20250096364 is the English language equivalent of WO ‘931 and all citations will refer to the US publication. See provided Abstract translation illustrating the equivalency of these two references.
With regards to Claim 1, Yun et al. teaches a battery pack (10) comprising battery cells (110) comprising an electrode assembly in a pouch case and comprising one or more electrode tabs, and a fixing member (310 and 320) between the battery cells to fix the battery cells, and defining through-holes (S) passing from one end thereof to another end thereof (Figs. 1-3, [0017]-[0023], [0052]-[0054], [0060], and [0061]).
With regards to Claim 6, Yun et al. teaches the fixing member (310 and 320) has a hexahedral shape comprising four side surfaces, and two wide surfaces contacting the battery cells (110) (Fig. 1-3).
With regards to Claim 7, Yun et al. teaches the through-holes (S) pass from one side surface among the four side surfaces to another side surface opposite thereto (Fig. 3).
With regards to Claims 8 and 9, Yun et al. teaches the through-holes (S) are parallel to the longitudinal direction of the battery cells and to a direction in which the electrode tabs protrude (Figs. 1 and 3, [0022], [0053], [0054], [0060], and [0081]).
With regards to Claim 10, Yun et al. teaches the through-holes are perpendicular to a longitudinal direction of the battery cells ([0018] and [0052])
With regards 11, Yun et al. teaches the through-holes are side by side (Fig. 2).
With regards to Claims 12 and 13, Yun et al. teaches the through-holes comprise a first through-hole parallel to a longitudinal direction of the battery cells, and a second through-hole perpendicular to the longitudinal direction of the battery cells, and thus the first through-hole and the second through-hole intrinsically cross each other ([0018]-[0022], [0050], and [0081]).
With regards to Claim 14, Yun et al. teaches an area of one of the wide surfaces of the fixing member is equal to an area of a surface of the battery cell contacting the one of the wide surfaces (Figs. 2 and 3).
With regards to Claim 20, Yun et al. teaches the battery cells are stacked in a stack type (Fig. 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.
Claims 2, 3, 5, 15, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023210931 (“Yun et al.”) as applied to Claim 1 above.
With regards to Claims 2 and 3, Yun et al. teaches its through-holes have a long axis parallel to a width direction of the battery cells (Fig. 2). Yun et al. teaches the shape of its through-holes may be adjusted, so as to prevent thermal propagation by increasing a volume occupied by the through-holes as much as possible while maintaining a rigidity of the fixing member [0083].
Yun et al. does not explicitly teach its through-holes having a circular or oval cross section.
However, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the shape of Yun et al.’s through-holes to be circular or oval to reduce heat transfer between cells ([0027], [0083], and [0084])
With regards to Claim 5, Yun et al. teaches its fixing member is located between the battery cells to suppress swelling that may occur [0062]. Yun et al. further recognizes that a shape and size of the through-holes are adjusted to prevent thermal propagation by increasing a volume occupied by the through-holes as much as possible while maintaining a rigidity of the fixing member ([0083] and [0084]).
While Yun et al. does not explicitly teach a minimum diameter of its through-holes are based on a specific property, it would have been obvious to one of ordinary skill in the art to optimize a minimum diameter of Yun et al.’s through-holes to correspond to a compression rate of the fixing member based on a swelling of the battery cells in order to prevent thermal propagation between the battery cells [0083].
With regards to Claims 15, 16, and 19, Yun et al. teaches the fixing member further comprises an adhesive member at one of the wide surfaces (322 or relevant thereof). As disclosed in paragraph [0102], Yun et al. discloses dimensions of its overall fixing member components. As such, Yun et al.’s minimum thickness of the fixing member between the one of the wide surfaces and one of the through-holes overlaps with the claimed range of about 10% to about 30% of a maximum thickness of the fixing member between the wide surfaces, and the adhesive member has a thickness that overlaps with the claimed range of about 10% or less than a thickness of a remainder of the fixing member excluding the adhesive member.
Examiner notes that product claims with numerical ranges which overlap prior art ranges were held to have been obvious under 35 USC 103. In re Wertheim 191 USPQ 90 (CCPA 1976); In re Malagari 182 USPQ 549 (CCPA 1974); In re Fields 134 USPQ 242 (CCPA 1962); In re Nehrenberg 126 USPQ 383 (CCPA 1960). Also see MPEP 2144.05.
Claims 4, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023210931 (“Yun et al.”) as applied to Claim 1 above, and further in view of KR 10-1812753 (“Kim et al.”).
Yun et al. teaches a fixing member, with defining through-holes, between battery cells as set forth above.
Yun et al. does not teach its fixing member comprises one or more of the claimed material(s), and comprising an acrylic adhesive member.
However, Kim et al. teaches a battery pack comprising battery cells comprising an electrode assembly in a pouch case, and a urethane fixing member (182) between the battery cells to fix the battery cells, and defining through-holes (190) passing from one end thereof to another end thereof. Kim et al. further teaches its fixing member further comprises an acrylic adhesive member (185) at one of its wide surfaces (Abstract, Figs. 3-8, and Page 3: Lines 23-41 in the provided translated document). Due to Kim et al.’s adhesive member comprising acrylic, same claimed material, it is intrinsic that Kim et al.’s acrylic adhesive member has an adhesive strength of about 1300 g/25.4 mm or more. The properties set forth in these claims are material properties. The aforementioned reference use the same material as claimed and therefore, would be expected to exhibit the same properties as claimed.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have Yun et al.’s fixing member comprise urethane and comprising an acrylic adhesive member in order to provide a fixing member that is durable and provide great adhesion between the battery cells (Page 3: Lines 34-41).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
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