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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR1020230181252, filed on 12/13/2023.
Election/Restrictions
Applicant's election with traverse of Invention I, claims 1-12, in the reply filed on 4/14/2025 is acknowledged. The traversal is on the ground(s) that: (1) search and examination of the entire claim set will not place an undue burden on the Examiner because the pending claims are drawn to related battery pack, and each of the claimed embodiments requires the aforementioned battery pack, and thus flows from a common inventive concept; and (2) that the non-elected claims 12-20 are exemplary embodiments to apply the aforementioned common inventive concept of battery pack because the difference between the elected claims 1-11 and non-elected claims 12-20 is the claim limitation of a vehicle body frame defining a pack accommodation portion provided in a rear portion of the vehicle, and defining an outlet formed on one side of the pack accommodating portion in a leftward and rightward direction thereof. This is not found persuasive because not only are the battery packs of Invention I and Invention II may be mutually exclusive in that the battery pack of claim 1 may be a stationary battery pack as opposed to a battery pack accommodated in an electric vehicle, and may have different design and function. Further, Invention II, classified in B60L50, although comprising a battery pack, pertains to a vehicle comprising a battery pack among with limitations pertaining to how the battery pack is mounted and arranged thereon, which is not suitable for examination under the H01M50, and thus, a case for serious search/examination burden exists.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/14/2025.
The requirement is still deemed proper and is therefore made FINAL.
Applicants reserve the right to rejoin any withdrawn claims should an elected claim be found allowable in view of the direct or indirect dependency of the claims on elected claims under MPEP 809 and MPEP 821.04, and 37 CFR 1.141(a).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites, wherein the first support members includes: a support external wall that faces the first side member; and a support internal wall that faces the battery modules; wherein the support internal wall includes the communication hole which is fluidically-communicating with the first venting passage in an area that faces the battery modules, and wherein the communication hole is disposed to face a separation area of a side cover covering the battery modules, and wherein the separation area of the side cover is separated from the side cover in response that the predetermined pressure is reached in the guide passage. However, it is unclear as to how the separation area of the side cover, which covers the battery module and is located upstream of the guide passage, may be separated in response to the predetermined pressure reaching the guide passage which is located downstream of the battery cells. That is, it is well-understood that the pressure from gas generated when a fire occurs in the battery cell within the battery module would necessarily cause the separation area to be separated from the side cover prior to allowing the gas to be directed into the venting passage and thereafter into the guide passage defined by the guide duct. Indeed, the instant application describes this phenomenon in ¶0092 and further illustrates in Fig. 8 that the side cover 230 which surrounds the battery module 200 includes the separation area 231 which is separated form the side cover due to the pressure of gas when a fire occurs in the battery cell 201 whereby the gas is fluidically communicated between an internal space of the module housing 210 and the venting hole 221 to be further communicated with the communication hole 162a formed in the internal wall 162 of the first support member 160. For examination purposes, the recitation, “wherein the separation area of the side cover is separated from the side cover in response that the predetermined pressure is reached in the guide passage” is interpreted to have recited: --wherein the separation area of the side cover is separated from the side cover in response that a pressure of gas in an internal space of the battery module is reached--
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.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2022/0393298 A1) in view of Sakamoto (US 2023/0129184 A1).
Regarding Claim 1, Shin discloses a battery pack 1000 [pars. 0039-53; Figs. 1-5,9] comprising:
a plurality of battery modules 100 extending in a first direction (x-axis) and disposed in a second direction (y-axis) crossing the first direction; and
a battery pack housing 400 accommodating the battery modules, configured to vent fluid to an outside of the battery pack housing (i.e., via a venting inducing frame 300 and rupture portion 500), and including a venting passage (passages 312/322 formed in vertical and horizontal beams 310/320, respectively) extending along a circumferential portion of the battery pack housing.
Shin discloses that rupture portion 500 formed on a side wall of the lower housing 410 is connected to venting passage 312/322 via connection hole 326 in a fluidically-communicating manner with the venting passage and includes a rupture side 510 configured to be broken when input gas has more than a predetermined level of pressure to discharge flame or gas generated from the inside to the outside [pars. 0044,0053; Figs. 3-5]. Shin also teaches that such battery packs are applicable for electric vehicles [par. 0087], but fails to particularly disclose a guide duct coupled to the battery pack housing to define a guide passage fluidically-communicating with the venting passage in an interior of the guide duct, and including an opening portion configured to fluidically-communicate the guide passage and the outside. However, an ordinary skilled artisan would appreciate that discharging of the flame or gas generated by the battery modules is not intended to remain within the vehicle and must be directed to be discharged to the outside of the vehicle. In this regard, Sakamoto, from the same field of endeavor, discloses a battery pack 10 comprising a plurality of battery modules 21 accommodated in a battery pack housing 13, wherein fumes from each battery module are directed to fumes exhaust ducts 22 forming a venting passage so as to vent fluid to an outside of the battery pack housing, and a guide duct (fumes exhaust paths 31/32, e.g., pipes) configured to exhaust a fuming gas to the outside of the compartment of the vehicle so that the fuming gas does not adversely influence occupants in the vehicle [pars. 0017-20,0028-30,34-38; Figs. 1-3]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Sakamoto to have modified the battery pack of Shin to have further comprised a guide duct coupled to the battery pack housing to define a guide passage fluidically-communicating with the venting passage in an interior of the guide duct, and including an opening portion configured to fluidically-communicate the guide passage and the outside of the vehicle in order to prevent an adverse influence to occupants in the vehicle.
Regarding Claim 2, Shin discloses
wherein the venting passage includes:
a first venting passage 322 extending in the second direction [Figs. 1-4]; and
a second venting passage 312 fluidically-communicating with the first venting passage and extending in the first direction [Figs. 1-4], and
wherein the battery pack housing further includes:
a base plate (pack tray 200 or lower housing 410) supporting the battery modules [pars. 0040,0043; Fig. 1]; and
a first support member (horizontal beam 320) supported by the base plate, extending in the second direction from a side of the battery modules in the first direction or an opposite direction to the first direction, and including the first venting passage in an interior of the first support member (i.e., the horizontal beams 320 have a pipe shape extending in the second direction and includes a cover 321 for defining an inside of the pipe shape and the passage 322 is formed inside the cover [par. 0049]; Figs. 1-2).
Regarding Claim 3, Shin discloses wherein the first support member includes a communication hole (first connection hole 324) fluidically-communicating with the first venting passage in an area facing the battery modules [par. 0051; Fig. 2-3].
Regarding Claim 4, Shin discloses
wherein the battery pack housing further includes:
a first side member disposed on an outside of the first support member to be parallel to the first support member (i.e., sidewall of lower housing 410 parallel to horizontal beams 320) [Fig. 1]; and
a second side member extending in a direction crossing the first side member to cover a side of the battery modules in the second direction or an opposite direction to the second direction (i.e., sidewall of lower housing 410 and vertical beams 310 perpendicular to the horizontal beams 320) [Figs. 1-2], and
wherein the second side member includes the second venting passage 312 in an interior of the second side member [Fig. 2].
Regarding Claim 5, Shin discloses wherein the second side member includes, a support portion (sidewall of lower housing 410 and vertical beam 310) including the second venting passage 322 in an interior of the support portion [Figs. 1-2], and wherein the second side member further includes a flange portion extending from the support portion to an outside of the battery pack housing (i.e., lip of the lower housing 410) but fails to explicitly teach the flange portion is configured so that a coupling member is inserted into the flange portion. However, Shin discloses that the lower housing 410 includes a plurality of through holes aligning with a plurality of through holes formed in the upper cover 420 to so that the upper cover may be combined with the lower housing to protect an internal electrical field of the battery pack [par. 0043; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the battery pack of Shin wherein the flange portion is configured so that a coupling member is inserted into the flange portion in order to combine the upper cover and the lower housing to protect an internal electrical field of the battery pack.
Regarding Claim 6, Shin that the rupture beam 500 may be connected to the lower housing corresponding to the vertical beam [par. 0053], such that, as modified by Sakamoto, the guide duct would necessarily be coupled to the second side member on one side of the flange portion.
Regarding Claim 7, modified Shin discloses wherein the guide duct extends from the battery pack housing in a direction being more distant from the battery modules (i.e., fumes exhaust paths 31/32 extend away from the battery modules) [Sakamoto – Fig. 3].
Regarding Claim 8, modified Shin further discloses wherein the battery pack housing further includes a second support member (i.e., sidewall of lower housing 410 parallel to vertical beams 310) extending a direction crossing the first support member, and including a -hole on an area overlapping the guide duct in the first direction (i.e., the lip portion of lower housing 410), but fails to explicitly disclose a coupling member passes through the through-hole. However, Shin discloses that the lower housing 410 includes a plurality of through holes aligning with a plurality of through holes formed in the upper cover 420 to so that the upper cover may be combined with the lower housing to protect an internal electrical field of the battery pack [par. 0043; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the battery pack of Shin wherein the flange portion is configured so that a coupling member passes through the through-hole in order to combine the upper cover and the lower housing to protect an internal electrical field of the battery pack. Further, as modified herein, due to the plurality of through-holes around the entire length of the lip portion of the lower housing, Shin necessarily discloses the coupling member passes on an area overlapping the guide duct in the first direction.
Regarding Claim 9, Shin discloses wherein each of the battery modules 100 includes:
battery cells 101 [pars. 0061-62; Figs. 6-7];
a module housing (module frame 108) configured to cover the battery cells, disposed on a side of the battery cells in the first direction or the opposite direction to the first direction [pars. 0061-62; Figs. 6-7], and including a venting frame (gate 121) including a venting hole fluidically-communicating with the communication hole [pars. 0060,0066; Figs. 3-7]; and
a side cover (end plate 120) disposed between the venting frame and the battery cells, and including a perforated portion formed along a periphery of an area facing the venting hole [Figs. 4-5A,7].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin and Sakamoto, as applied to claim 4 above, and further in view of Son (US 2024/0347851 A1).
Regarding Claim 10, Shin discloses wherein the first support members 320 includes:
a support external wall (external cover 321b) that faces the first side member [par. 0049; Figs. 1-2]; and
a support internal wall (internal wall 321a) that faces the battery modules [par. 0049; Figs. 1-2]; and
wherein the support internal wall includes the communication hole (first communication hole 324) which is fluidically-communicating with the first venting passage in an area that faces the battery modules [par. 0051; Fig. 2-5].
Shin further discloses a side cover (end plate 120) covering the battery modules facing the communication hole from where gas is discharged into the first venting passage [pars. 0041,0051,0061-62; Figs. 3-7], but fails to explicitly disclose wherein the communication hole is disposed to face a separation area of a side cover covering the battery modules, and wherein the separation area of the side cover is separated from the side cover in response that a pressure of gas in an internal space of the battery module is reached. However, Son, from the same field of endeavor, teaches a battery pack (battery system 200) comprising a battery pack housing 210 in which a plurality of battery modules (battery device 100) are accommodated, each battery module comprising a plurality of cells 120, a side cover covering the battery modules (i.e., side plate 155 of second case 152), wherein the side cover comprises a separation area (hole cover 161) which is configured to be separated from the side cover in response that a pressure of gas in an internal space of the battery module which is then communicated with the venting passage (gas flow path 215) extending along a circumferential portion of the battery pack housing [Son – pars. 0052-53,0072-74,0114-115,0134-142; Figs. 1-2,4,10,17]. Son further teaches that the separation area (i.e., hole cover) is sealed by sealing member 165 such that the separation area remains closed to prevent external moisture or foreign substance from flowing into the module housing and is configured to be opened when a predetermined pressure is reached [Son – pars. 0087-90; Fig. 10]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Son to have further modified the battery pack of Shin, wherein the communication hole is disposed to face a separation area of a side cover covering the battery modules, and wherein the separation area of the side cover is separated from the side cover in response that a pressure of gas in an internal space of the battery module is reached in order to prevent external moisture or foreign substance from flowing into the module housing.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin and Sakamoto, as applied to claim 4 above, and further in view of Kim (US 2025/0202038 A1).
Regarding Claim 11, Shin discloses wherein the battery pack further includes a pack cover (upper cover 420) coupled to the first side member and the second side member to cover an upper side of the battery modules [pars. 0040,0043; Fig. 1], but fails to disclose further a fire-resistant cover disposed on an inside of the pack cover. However, Kim, from the same field of endeavor, teaches a battery pack 1000 comprising a battery pack housing (lower pack housing 220) for accommodating a plurality of battery modules 110, a pack cover (upper cover 210) coupled to the first and second side members (side wall frames 222) to cover an upper side of the battery modules, and a fire-resistant cover (cover plate assembly 300) disposed on an inside of the pack cover to suppress propagation of flames and prevent sparks and flames from blowing out to the upper parts of the battery modules [Kim – pars. 0048,0054,0059-60; Fig. 2]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Kim to have further modified the battery pack of Shin to have included a fire-resistant cover disposed on an inside of the pack cover in order to suppress propagation of flames and prevent sparks and flames from blowing out to the upper parts of the battery modules.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
Prosecution Insights