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 § 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, 3, 4, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Han (US 20230026536 A1).
Regarding claim 1, Han discloses a battery module assembly comprising:
a first battery module (See Fig. 16) and
a second battery module (See Fig. 16),
each comprising one or more battery cells (Fig. 2, item 11c) (para. 0063, [the cell assembly has a structure in which a plurality of battery cells 11c are stacked])
a circuit board of a battery monitoring unit (para. 0072, [PCB, printed circuit board]); and
a retaining element (Fig. 11A, item 150) (para. 0047, 150: CMU mounting part), which has a receptacle in which the circuit board is arranged (Fig. 10 and Fig. 11A, item 150 has a receptable in which item 410 is arranged), wherein the retaining element is arranged between the first battery module and the second battery module (Fig. 19, the retaining element is arranged between the first and second battery modules. Fig. 19 shows item 400, which is contained by the retaining element, is positioned between the two battery modules.).
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Regarding claim 3, Han discloses the battery module assembly according to one claim 1, and further teaches wherein the retaining element has a recess as ap receptacle, into which the circuit board is inserted (Fig. 9A shows a recess as a receptable for item 410- the circuit board.), the circuit board being arranged in the recess without any protrusion (Fig. 9B shows that there is no protrusion), in a direction from the first battery module towards the second battery module (Fig. 9B shows that there is no protrusion in a direction from the first battery module towards the second battery module).
Regarding claim 4, Han discloses the battery module assembly according to claim 1, and further discloses wherein the circuit board is fastened to the retaining element by means of a fastening element (Fig. 11A shows the fastening elements used to fastened the retaining element to the circuit board unit) (para. 0075 describes the through holes that penetrate through the PCB item 410 [circuit board] to accommodate the fastening elements) (para. 0084, [the [PCB] printed circuit board cover may be bolted to the end plate 100 using the first and second bolt fastening parts 152 and 422.]).
Regarding claim 14, Han discloses a method of mounting a circuit board of a battery management system in a battery module assembly, according to claim 1, comprising the steps of:
mounting a first battery module and a second battery module in a base element of a housing along a longitudinal axis (para. 0040, [the battery module is received in the battery pack case]) so that a gap is formed between the first battery module and the second battery module (para. 0107, [the battery modules 10 may be arranged in a total of three rows, and may have a structure in which the above-described indentation groove may be formed in the cross beam) (See Fig. 20 to see the gap formed between the battery modules, the gap is formed by center beams 23-1 and cross beams 23-2);
attaching the circuit board to a retaining element (para. 0068, [the CMU component 400P may be seated on the bracket 151 of the CMU mounting part 150]) (Examiner notes that the circuit board is a part of item 400P and a bolt is provided to fasten the CMU component to the retaining element); and
inserting of the retaining element into the gap, wherein the retaining element is moved from a position outside the gap in a radial plane in the direction towards the base element (para. 0040, [the battery module is received in the battery pack case]) (Claim 1: Examiner notes that the battery module includes the end plate of which includes the cell monitoring unit (circuit board); therefore the retaining element is moved from a position outside the towards the base element when it is mounted in the base element – para. 0040).
Regarding claim 15, Han teaches the method according to claim 14 wherein the method further comprises the step:
connecting of a cover of the housing to the base element, so that in inner space is formed between the base element and the cover, in which the first battery module, the second battery module and the retaining element are arranged together with the circuit board, wherein the retaining element is clamped between the base element and the cover at the same time (para. 0108, [a battery pack cover covering the battery pack case 20 as a whole]).
Claims 1 and 6-12 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by the machine translation of Frederic (DE 102019105424 A1).
Regarding claim 1, Frederic discloses a battery module assembly comprising:
a first battery module (See Fig. 4) and
a second battery module (See Fig. 4),
each comprising one or more battery cells (See Fig. 4)
a circuit board of a battery monitoring unit (para. 0064, item 63, an electronic card for example, a printed circuit); and
a retaining element (Fig. 2, items 67 and 69), which has a receptacle in which the circuit board is arranged (Fig. 2, items 67 and 67 receive item 63, the printed circuit), wherein the retaining element is arranged between the first battery module and the second battery module (See Fig. 4).
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Regarding claim 6, Frederic discloses the battery module assembly according to claim 1, and further discloses wherein the retaining element (Fig. 2, items 67 and 69) has a first battery module contact surface (See Fig. 2) which faces the second battery module (See Fig. 2), and wherein the retaining element has a second battery module contact surface (See Fig. 2) which is opposite the first battery module (See Fig. 2), and wherein the first battery module contact surface and the second battery module contact surface are arranged in a direction transverse to the first battery module contact surface (Fig. 2, the first and second surfaces are arranged in a transverse direction to the first battery module contact surface).
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Regarding claim 7, Frederic discloses the battery module assembly according to claim 6, and further discloses wherein, in the unmounted state of the retaining element, a distance of the first battery module contact surface from the second battery module contact surface in a direction orthogonal to the first battery module contact surface is equal to a distance of the first battery module from the second battery module in the same direction (See Fig. 2, the distances appear to be equal from the first battery module contact surface to the second battery module contact surface).
Regarding claim 8, Frederic discloses the battery module assembly according to claim 6 and further discloses wherein the retaining element (Fig. 2, items 67 and 69) has a first positioning section which comprises a first height positioning surface (See Fig. 2) and a first side positioning surface (See Fig. 2), the first battery module contact surface, the first height positioning surface and the first side positioning surface arranged orthogonally to each other (See Fig. 2, all three surfaces are orthogonal to each other).
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Regarding claim 9, Frederic discloses the battery module assembly according to claim 8 and further discloses wherein the first height positioning surface (Fig. 2, first height positioning surface), wherein the retaining element: comprises a base contact surface (Fig. 2, base contact surface) which is arranged parallel to the first height positioning surface (Fig. 2, the two are parallel to each other, see Fig. 2), and wherein a distance of the base contact surface from the first height positioning surface is greater than or equal to a height of the second battery module (The distance between the first height positioning surface and the base contact surface appear to be equal to the height of the second battery module) (Examiner notes that both the retaining element and the second battery module fit within item 39).
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Regarding claim 10, Frederic discloses the battery module assembly according to claim 8 and teaches the first side positioning surface as claimed in claim 8 (see claim 8).
Regarding claim 11, Frederic discloses the battery module assembly according to claim 9 and further discloses wherein the battery module assembly comprises a housing (para. 0011, [the electric battery has an outer shell in which the energy storage assembly(s) is housed]) with an inner space (Fig. 2 and Fig. 5, item 25 - gap) in which the first battery module, the second battery module and the retaining element are arranged (para. 0011, [the electric battery has an outer shell in which the energy storage assembly(s) is housed]), and that the retaining element (Fig. 2, items 67 and 69) has an end surface (See Fig. 2, End surface) which is arranged parallel to the base contact surface (See Fig. 2, base contact surface), wherein a distance of the end surface from the base contact surface is equal to a height of the inner space (Examiner notes that the distance from the end surface to the base contact surface takes up the height of the inner space (Fig. 2 and Fig. 5, item 25 - gap)).
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Regarding claim 12, Frederic discloses the battery module assembly according to claim 1 and further discloses wherein the retaining element has a retaining section (See Fig. 3) with a free end which extends along a longitudinal axis (L_28) of the retaining section (See Fig. 3), and wherein the retaining section has a recess in which an electronic component is arranged (See Fig. 3, electronic component – item 81: voltage measurement inputs).
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.
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Han (US 20230026536 A1) and further in view of Goesmann (US 20140038030 A1).
Regarding claim 2, Han discloses the battery module assembly according to claim 1.
Han teaches that the end plate (which contains the CMU mounting part) is made of a plastic material (para. 0069, [the end plate may be made of a plastic material]) is manufactured through plastic injection molding and it is easy to form the CMU mounting part having a predetermined shape or structure on the end plate, and compared to the conventional end plate made of metal, it is possible to reduce weight and manufacturing cost and to
secure better insulation performance between the CMU and the end plate (Han, para. 0069).
However, Han does not teach wherein the retaining element is made of a foamed plastic, comprised of expanded polypropylene (EPP).
Goesmann, in the same field of endeavor, batteries, teaches a layer between two structures that is made of a foamed plastic, comprised of expanded polypropylene (EPP) (Goesmann, para. 0019, [ [a] layer between two outer metal plates is a foam-type structure such as … a foam-type structure such as … foamed expanded polypropylene]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have made Han’s retaining element/end plate, which is between the two structures of [Han, Fig. 2, item 11] and [Han, Fig. 16, item 20], out of expanded polypropylene, as taught by Goesmann, in order to use a material that has a reasonable cost and can be worked without high technical expenditures (Goesmann, para. 0019, [suitable foamable or foamed materials are easily obtainable at reasonable cost and, in addition, can easily be worked without high technical expenditures.]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Han (US 20230026536 A1) and further in view of Griffey (US 6303247 B1).
Regarding claim 5, Han discloses the battery module assembly according to claim 4.
Han does not teach wherein the fastening elements is an expansion dowel which has a resilient expansion section, wherein the expansion section is arranged in a bore of the retaining element.
Griffey, in the same field of endeavor, batteries, teaches wherein the fastening element is an expansion dowel which has a resilient expansion section, wherein the expansion section is arranged in a bore of the retaining element (Griffey, col. 2 lines 56-58, [fasteners may comprise … e.g. a “push-pin” fastener that expands at the base after insertion and which bears upon the wall of the recess]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a fastener that expands at the base as a fastening element of Han’s battery module, as taught by Griffey, in order to use a an interference fit-type fastener which bears upon the wall of the recess, as taught by Griffey, (Griffey, col. 2 lines 56-58).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Frederic (DE 102019105424 A1) and further in view of Hartl (US 20230208073 A1) and the machine translation of Kyu (KR 101483811 B1).
Regarding claim 13, Frederic teaches the battery module assembly according to claim 12, wherein the recess is designed as a first groove which runs parallel to the longitudinal axis (L_28) of the retaining portion (Fig. 3 shows that the recess has a side that runs parallel to the longitudinal axis), wherein a second groove is formed in the retaining section in the circumferential direction around the longitudinal axis (L_28) of the retaining section (See Fig. 3, groove which runs circumferentially around the longitudinal axis).
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Frederic does not teach wherein an annular fastening element is arranged in the second groove, which connects the electronic component to the retaining section.
Hartl, in the same field of endeavor, batteries, teaches that a circumferential groove is used so that a component can be inserted tightly, and therefore teaches a component arranged in a groove (Hartl, para. 0049).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have arranged Frederic’s electronic component in the second groove of Frederic’s battery, as taught by Hartl, in order to insert the component tightly together with the structure, as taught by Hartl (Hartl, para. 0049, [inserted tightly together]).
Frederic and Luo do not teach an annular fastening element.
Kyu, in the same field of endeavor, batteries, teaches an annular fastening element (Kyu, para. 0050, [annular fasteners so that the cell cover body and the upper cover can be engaged and coupled in an annular fastening manner]), which connects two structures together (Kyu, para. 0050, [so that the cell cover body and the upper cover can be engaged and coupled in an annular fastening manner]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have connected the two structures of the electronic component (item 81) and the second groove (See Fig. 3) of Frederic’s retaining element via an annular fastening element, as taught by Kyu, in order to engage and couple two structures in an annular fastening manner to withstand and changes in volume or stretching that may occur (Kyu, para. 0050, [annular fasteners so that the cell cover body and the upper cover can be engaged and coupled in an annular fastening manner … connected by a ring-fastening type joint, so that when the cell expands due to charging and discharging of the battery, a slight stretching may occur in the cell cover]).
Therefore, modified Frederic teaches:
the battery module assembly according to claim 12, wherein the recess is designed as a first groove which runs parallel to the longitudinal axis (L_28) of the retaining portion (Fig. 3 shows that the recess has a side that runs parallel to the longitudinal axis), wherein a second groove is formed in the retaining section in the circumferential direction around the longitudinal axis (L_28) of the retaining section (See Fig. 3, groove which runs circumferentially around the longitudinal axis), wherein an annular fastening element (Kyu, para. 0050) is arranged in the second (Frederic, Fig. 3, circumferential groove) groove ((Hartl, para. 0049)), which connects the electronic (Frederic, Fig. 3, item 81) component (Hartl, para. 0049) to the retaining section (Kyu, para. 0050, the connection of two structures in an annular fashion).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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