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 .
DETAILED ACTION
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. KR-2019-009006 filed on 8/7/19.
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on (9/14/25) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 12 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. It recites “close contact” which is unclear as to the relative space of the components that Applicants intend.
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 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.
Claims 1-11, 15-16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellner et al. (US PG PUB NO 2019/0173139).
[CLAIM 1] Regarding claim 1, Kellner discloses an underbody for a vehicle, the underbody comprising: at least one battery module (12); a tray member (14) fastened to a lower portion of a vehicle body frame (Kellner omits illustration of the battery 10 mounted to the vehicle but is done so conventionally by attachment to the frame, rockers or floor) and including a receiving portion having a structure with an open lower surface to accommodate the at least one battery module (Kellner, FIG 2 receives modules 12); a cover member (15) to cover the open lower surface of the receiving portion (Kellner, FIG 2); and a thermal interface material (24) interposed between the at least one battery module (12) and the cover member (Kellner, FIG 2); and wherein the cover member includes a flow path to circulate a refrigerant fluid (Kellner, FIGS 1-2 and paragraph [0019]).
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[CLAIM 2] Regarding claim 2, Kellner discloses the underbody of claim 1, wherein the thermal interface material is in direct contact with one surface of the at least one battery module and the cover member (Kellner, FIG 4).
[CLAIM 3] Regarding claim 3, Kellner discloses the underbody of claim 1, wherein the flow path has a structure in which several straight and curved sections coexist by taking a serpentine hairpin loop structure (Kellner, FIG 1).
[CLAIM 4] Regarding claim 4, Kellner discloses the underbody of claim 1, wherein the receiving portion includes an outer wall member which surrounds a side surface of the at least one battery module (Kellner, FIG 2, the cells 12 of Kellner are surrounded above/below/periphery in an exemplary enclosure).
[CLAIM 5] Regarding claim 5, Kellner discloses the underbody of claim 4, wherein a support portion for supporting the outer wall member is provided in the center of the outer wall member (Kellner, annotated FIGS 2-3).
[CLAIM 6] Regarding claim 6, Kellner discloses the underbody of claim 5, wherein the support portion (Kellner, FIGS 2-3 illustrate exemplary structure with ribs/plates for providing support/rigidity) includes a support extending (Kellner, annotated FIGS 2-3 illustrate support ribs/plates near a center of the vertical enclosure) from the center of the outer wall member to the tray member and a support plate connected to the support and in contact with the tray member (As assembled, the structure of Kellner is ultimately in contact with the associated parts of the enclosure).
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[CLAIM 7] Regarding claim 7, Kellner discloses the underbody of claim 6, wherein the support plate is fixed to a recessed portion of the tray member (All of the structure of Kellner is fixed to the base when assembled to create a robust sealed housing for the cells 12).
[CLAIM 8] Regarding claim 8, Kellner discloses the underbody of claim 1, wherein the cover member is provided as a plate-shaped panel in which irregularities are formed on one or both surfaces thereof (Kellner, FIG 2), and wherein the irregularities of the cover member includes protrusions or recessed portions along the flow path on the one or both surfaces of the plate-shaped panel (Kellner, FIG 2).
[CLAIM 9] Regarding claim 9, Kellner discloses the underbody of claim 8, wherein the protrusions or recessed portions are arranged at regular intervals and include a curved area on the same plane (Kellner, annotated FIG 2).
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[CLAIM 10] Regarding claim 10, Kellner discloses the underbody of claim 8, wherein the protrusions or recessed portions are arranged at regular intervals and include a patterned area oriented in one direction (Kellner, FIG 1, cooling paths are conventionally uni-directional).
[CLAIM 11] Regarding claim 11, Kellner discloses the underbody of claim 1, wherein the cover member includes: a cooling layer on which the flow path is formed (Kellner, FIG 2, arcuate cooling circuit and associated battery enclosure); and a cover layer which protects a lower surface of the cooling layer (Kellner, FIG 2).
[CLAIM 15] Regarding claim 15, Kellner discloses the underbody of claim 1, wherein the cover member is provided as a plate-shaped panel of a single layer (Kellner, FIG 2), and wherein the flow path is formed on one side of the plate-shaped panel or is recessed into the plate-shaped panel (Kellner, FIG 2).
[CLAIM 16] Regarding claim 16, Kellner discloses the underbody of claim 1, wherein the cover member includes an area configured to open or close a part or whole of the open lower surface of the receiving portion (The cover of Kellner is designed to close the open lower surfaces of the module receiving portions).
[CLAIM 20] Regarding claim 20, Kellner discloses the underbody of claim 1, wherein the flow path is arranged in a zig-zag pattern (Kellner, FIG 1).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
1. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kellner et al. (US PG PUB NO 2019/0173139) in view of Cong et al. (10,622,826).
[CLAIM 13] Regarding claim 13, Kellner discloses the underbody of claim 11, wherein the cooling layer is formed of a metal material (Kellner paragraphs [0047-0048 disclose metal material for forming select portions of the battery enclosure).
-However, it fails to disclose the cover layer is formed of a plastic material.
-Nevertheless, Cong discloses in claim 1, use of plastic for an electronic vehicle charging device.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have plastic portions modified as taught by Cong with a reasonable expectation of success in order to reduce undesired conductive areas of a battery enclosure.
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2. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kellner et al. (US PG PUB NO 2019/0173139) in view of Kouzu et al. (US 6,211,646).
[CLAIM 14] Regarding claim 14, Kellner discloses the underbody of claim 11.
-However, it fails to disclose further comprising an anti-vibration layer interposed between the cooling layer and the cover layer.
-Nevertheless, Kouzu discloses in claim 11, use of an internal battery anti-vibration sheet.
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kellner to have an anti-vibration sheet as taught by Kouzu with a reasonable expectation of success in order to improve NVH and extend battery cell life span
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Allowable Subject Matter
Claims 17-19 are 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. Kellner et al. (US PG PUB NO 2019/0173139) represents the most similar enclosure as claimed by Applicants but fails to further disclose each limitation of dependent claim 17. Claims 18-19 depend from claim 17.
Claim 12 is rejected under 112(b) but would be an allowable dependent claim if corrected to define the desired spacing. Kellner et al. (US PG PUB NO 2019/0173139) represents the most similar enclosure as claimed by Applicants but fails to further disclose each limitation of dependent claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is. The examiner can normally be reached on 9AM-6PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J TRIGGS/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615
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