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.
Claim(s) 1-5, 11, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mack et al. (US-20160344059-A1).
Regarding Claim 1, Mack teaches:
A battery pack comprising (a battery module having lithium-ion (Li-ion) electrochemical cells, see [0007]):
a housing unit defining an inner space configured to receive a battery cell therein,
the housing unit comprising (the electrochemical cells are disposed in a housing, see [0023]):
a first housing (cover 34, see [0036]) containing a first portion of the inner space and including a first contact surface (see annotated Fig. 5 below);
and a second housing (base 33, see [0036]) containing a second portion of the inner space and including a second contact surface opposite the first contact surface (see annotated Fig. 5 below),
wherein, the first housing and the second housing are coupled in a state in which the first contact surface and the second contact surface are in contact with each other and pressed against each other (see annotated Fig. 5 below),
a first support provided on an outer surface of the first housing (see annotated Fig. 5 below),
a second support provided on an outer surface of the second housing (see annotated Fig. 5 below),
Regarding the following limitations, it is the Examiner's position that Mack teaches all the positively recited structure required by Claim 1:
the first support configured to contact a first pressing module that is configured to press the first housing toward the second housing,
the second support configured to contact a second pressing module that is configured to press the second housing toward the first housing,
Further, the prior art teachings indicate that the structure of the first and second support (see annotated Fig. 5 below) is capable of performing the function/intended use of: “configured to contact a first pressing module that that is configured to press the first housing toward the second housing... configured to contact a second pressing module that is configured to press the second housing toward the first housing.”
The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett- Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Mack further discloses:
and the first portion and the second portion of the inner space directly communicate with each other (see Figs. 4-5)
and wherein, the first contact surface is formed at an end portion extending downward from the first support (see annotated Fig. 5 below, note, the claim as written does not provide an absolute orientation for the first and second housing/support),
the second support includes the second contact surface (see annotated Fig. 5 below),
and the first contact surface is located inward of the second support towards the inner space (see annotated Fig. 5 below),
or the second contact surface is formed at an end portion extending upward from the second support, the first support includes the first contact surface, and the second contact surface is located inward of the first support towards the inner space (interpreted as an optional limitation).
wherein an inner surface of the first housing and an inner surface of the second housing are aligned and matched where the first contact surface and the second contact surface are in contact with each other (see annotated Fig. 5 below),
and wherein the first support is formed to protrude outward from a perimeter surface of the first housing that forms the first portion of the inner space (see annotated Fig. 5 below).
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Regarding Claim 2, annotated Fig. 5 above shows:
wherein the first support protrudes outward from the outer surface of the first housing and is formed in a flange shape, and includes the first contact surface.
Regarding Claim 3, annotated Fig. 5 above shows:
wherein the second support protrudes outward from the outer surface of the second housing and is formed in a flange shape, and includes the second contact surface.
Regarding Claim 4, annotated Fig. 5 above shows:
wherein the first support is formed in a rib shape protruding outward from the outer surface of the first housing.
Regarding Claim 5, annotated Fig. 5 above shows:
wherein the second support is formed in a rib shape protruding outward from the outer surface of the second housing.
Regarding Claim 11, Mack discloses:
wherein the first housing and the second housing are coupled by welding (the cover 34 and base 33 of the housing 30 can suitably be sealed by welding, see [0035]).
Regarding Claim 18, annotated Fig. 5 above shows:
wherein the end portion extending downward from the first support is located inward of the second support, and wherein the end portion extending downward from the first support overlaps the second support in a vertical direction of the battery pack (note, the claim as written does not provide an absolute orientation for the first and second housing/support).
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 ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mack et al. (US-20160344059-A1) as applied to claim 1 above, and further in view of Hurst et al. (US-20080088276-A1).
Regarding Claim 17, Mack is silent toward the positioning of the electrode terminals. However, Fig. 4 appears to have the terminals disposed between the cover 34 and base 33. However, this is not explicitly, therefore, Mack is silent to:
further comprising electrode terminals positioned on the first housing and extending upwards from the housing unit.
To solve the same problem of providing a terminal for a battery connecting battery packs (see Abstract), Hurst teaches having a terminal with cabling the extends from the battery casing that would correspond to the indicated first housing of Mack, see Abstract and Fig. 1A. Additionally, Hurst’s Fig. 1A shows the cabling can extend upward and downward for the negative and positive terminal. Hurst further teaches using the high-power DC precision cable segment allows an average charge acceptance rate of the battery pack to be greater than a one-hour, see Abstract.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the cabling and terminal structures taught by Hurst as the terminals for Mack’s battery in order to allow for fast charging.
Response to Arguments
Applicant’s arguments, see pages 5-10, filed 12/30/2025, with respect to the rejection(s) of claim(s) 1-5, 11, and 17-18 under 35 USC §§ 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. In the interview summary dated 12/17/2025, it was the Examiner’s position that the proposed and now entered claim amendments would overcome the §102 rejection of record and that a §103 rejection could possibly be formulated. However, upon further consideration, a §102 rejection using an alternative interpretation of Mack et al. (US-20160344059-A1) is given above for Claims 1-5, 11, and 18 and in view of newly applied art Hurst et al. (US-20080088276-A1) for Claim 17.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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, Allison Bourke can be reached on 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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