www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/634,047
`
`02/09/2022
`
`Keisuke SHIMIZU
`
`065933-0827
`
`1549
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`BOUCHARD, BETHANY CLAIRE
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/04/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 1-5 and 8-9 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 6-7 and 10 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 2/9/2022 is/are: a)M accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 2/9/2022,3/1/2023.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230918
`
`Application No.
`Applicant(s)
`17/634,047
`SHIMIZU etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`BETHANY C BOUCHARD
`4721
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 7/24/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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 without traverse of Species D (Claims 6, 7, and 10) in the reply filed on July
`
`24, 2023 is acknowledged.
`
`Claims 1-5, 8, and 9 are withdrawnfrom further consideration pursuant to 37 CFR 1.142(b) as
`
`being drawn to a nonelected species, there being no allowable generic or linking claim.
`
`Claims 6, 7, and 10 are under examination.
`
`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 ordinaryskill in the pertinent art.
`4. Considering objective evidence present in the application indicating obviousness or non-
`obviousness.
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 3
`
`This application currently namesjoint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly ownedas 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 ownedas 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.
`
`Claims 6, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim etal., US
`
`20190097192 A1, and further in view of Tanget al., CN 107887550 A.
`
`Regarding Claim 6, Kim discloses a power storage pack (battery module 10 comprising a case
`
`frame 200 and a case cover 300 [0032, 0067], Fig. 5) comprising at least one storage device that
`
`discharges a gas producedinside the exterior body (battery cells 100, gas g shownto be discharged from
`
`battery cells during ignition [0060], as shownin Fig. 5); a fire extinguishing agent sheet having a through
`
`hole (flame retardant member 380 disclosed as a filter [0076]; claims also read on pre-filter 390 [0067-
`
`0068]; both elements shownin Fig. 5); and a case that stores the storage device and the fire
`
`extinguishing agent sheet (case cover 300 and case frame 200 are coupled together [0037-0039], Fig. 5),
`
`wherein the fire extinguishing agent sheet is provided such that the gas flows in the through hole (gas g
`
`passes through the flame-retardant member 380 [0071], Fig. 5).
`
`Kim is silent to explicitly disclosing the storage device includes a gas discharging part. However,
`
`this aspectis disclosed by Tanget al.
`
`Tang discloses a battery module comprising numerous batterycells, with an explosion-proof
`
`hole 32 on each battery cell ([0025, 0043], Fig. 5). Tang discloses during an event such as thermal
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 4
`
`runaway, the explosion-proof hole providesa direction for the gas and high temperature material to exit
`
`the battery cell ([0026)).
`
`It would have been obvious before the effective filing date of the claimed invention to put a gas
`
`discharging part on each battery of Kim, in order to provide direction for gas and high temperature
`
`material to exit the battery cell.
`
`Kim is also silent to explicitly disclosing the fire extinguishing agent sheet is comprised of a
`
`collection of a plurality of fire extinguishing agent powders. However,this design is disclosed by Tang.
`
`Tang discloses a honeycomb ceramic layer in a battery module, wherein a powderedfire
`
`extinguishing agent is stored in cavities of the honeycomb ([0038-0040]). Tang discloses the honeycomb
`
`plate is placed above an explosion-proof hole of a battery ([0025]), and the plate honeycomb plate has
`
`good mechanical and insulating fire-proof property ([0045)).
`
`It would have been obvious to one having ordinaryskill in the art before the effective filing date
`
`of the claimed invention to have a battery with a fire extinguishing agent sheet comprised of a plurality
`
`of fire extinguishing agent powders, as disclosed by Tang, in the power storage pack of modified Kim, in
`
`order to provide mechanical structure and fire-proof the gas coming from the explosion-proof hole of
`
`the batteries.
`
`See marked up figures of Kim with modifications of Tang below.
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 5
`
`wee
`
`oll
`
`
`
`Honeycomb
`of Tang
`
`oreotvalves
`of Tang
`
`Kim etal., US 20190097192 A1 — Fig. 5 (left), and Modified Kim (right)
`
`Regarding Claim 7, Modified Kim disclosesall limitations as set forth above. Modified Kim
`
`discloses the case has an opening that opens at least after the gas is discharged and connects spaces
`
`inside and outside the case (cover outlet 350 allows the gas generated during the ignition of the battery
`
`cells to be discharged out of the battery module [0057], Fig. 5), and a gas flow passage leading from the
`
`gas discharging part to the opening is formed in the case (gas follows a path from guide opening 325
`
`[0044] to cover outlet 350 [0044-0057], path includes second guide barrier 330 and third guide barrier
`
`340 [0047, 0051]), gas path shownby arrowsin Fig. 5), and the fire extinguishing agent sheet is provided
`
`in the gas flow passage (flame-retardant member 380 may be disposed between the second guide
`
`barrier 330 and the third guide barrier 340 [0063], Fig. 5).
`
`Regarding Claim 10, Modified Kim disclosesall limitations as set forth above. Modified Kim
`
`discloses the power storage pack includesa plurality of storage devices(plurality of battery cells 100
`
`[0034]), the case has a common gas discharging area that the gas discharging part of each storage device
`
`communicates with (guide opening 325 directs gas from the plurality of battery cells [0044], Fig. 5), and
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 6
`
`the fire extinguishing agent sheet is provided in the common gas discharging area (gas g passes through
`
`the flame-retardant member 380 [0071], Fig. 5).
`
`Pertinent Prior Art
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure: Imizu et al., JP 2013161735 A and Shimizu et al., US 20140308550 A1.
`
`Imizu discloses a power storage module 60,a plurality of power storage units 1, and a cartridge
`
`40 comprising a filter and a flame retardant ([0016, 0019, 0034]). Imizu discloses the high-pressure gas
`
`generated inside each power storage unit 1 can be collected by a pipe 62 and sent to the cartridge 40
`
`(0035)).
`
`
`
`Imizu etal., JP 2013161735 A — Fig. 4
`
`Shimizu discloses a power storage pack (general disclosure for battery pack 200 [0050-0060],
`
`Fig. 2; most relevant embodimentis battery pack 201 [0074-0077], Fig. 6) comprising at least one
`
`storage device including an exterior body (battery cell 100 [0050, 0074], Fig. 6) and a gas discharging
`
`part that discharges a gas produced inside the exterior body (gas release vent 8a [0050], Fig. 6); a fire
`
`extinguishing agent sheet comprised ofa collection of a plurality of fire extinguishing agent powders
`
`(gas absorber 70 absorbsthe electrolyte and the flammable gas [0074], Fig. 6), and a case that stores the
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 7
`
`storage device and the fire extinguishing agent sheet (pack case 20 [0051], Fig. 6), wherein the fire
`
`extinguishing agent sheet is provided such that the gasflowsin fire extinguishing agent sheet (gas
`
`absorber 70 absorbsthe electrolyte and the flammable gas to prevent the electrolyte and the flammable
`
`gas from entering the housing 30 [0074)]).
`
` ;
`
`?
`
`82
`
`!
`i
`
`:
`an
`
`oe
`§
`
`ras
`Gt
`
`Shimizu et al., US 20140308550 Al — Fig. 6
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to BETHANY C BOUCHARD whosetelephone number is (571)272-2475. The examiner
`
`can normally be reached Mon-Fri, 7AM-430PM MT.
`
`Examiner interviewsare 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,
`
`Allison Bourke can be reached on 303-297-4684. The fax phone number for the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/634,047
`Art Unit: 1721
`
`Page 8
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov.Visit
`
`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/BETHANY C BOUCHARD/
`Examiner, Art Unit 1721
`
`/ALLISON BOURKE/
`Supervisory Patent Examiner, Art Unit 1721
`
`