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 .
Allowable Subject Matter
Claims 1-2, 10-15 are allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1, as now recited, requires (markup included: ) A fixing structure of a cell module, the cell module including a cell stack that has a plurality of cells stacked, a pair of end plates disposed at both ends of the cell stack in a stacking direction of the cells, and a pair of restraint members extending across an entire length of the cell stack in the stacking direction while engaging with the pair of end plates to sandwich the plurality of cells, the fixing structure including a plurality of fixing members, a fixing member comprising: a fixing part comprising a connection portion in direct contact with a fixing object and configured to fix the cell module to the fixing object, such that the cell module is fixed in place relative to the fixing object in at least [[in]] one direction other than the stacking direction; and a support part configured to support the cell module such that the cell module is displaceable in the stacking direction, the support part and fixing part forming a groove between them, the groove extending in the stacking direction, wherein: each cell of the plurality of cells includes a top surface provided with a pair of output terminals, a bottom surface opposite to the top surface, two main surfaces connecting the top surface and the bottom surface, and two side surfaces connecting the top surface and the bottom surface, each restraint member of the pair of restraint members includes a rectangular flat surface portion parallel to a respective side surface of each cell, and a pair of upper and lower caves portions protruding from an upper side and a lower side, respectively, of the flat surface portion toward the cell stack, wherein the end plates] being engaged with the flat surface portion, the flat surface portion parallel to the flat surface of the other restraint member, and the pair of upper and lower eaves portions facing the pair of upper and lower eaves portions of the other restraint member, the lower eaves portion insertable into the groove such that the lower eaves portion is slidable in the stacking direction, and the groove of a first fixing member of the plurality is configured to receive the lower eaves portion of a first restraint member of the pair, and the groove of a second fixing member of the plurality is configured to receive the lower eaves portion of a second restraint member of the pair.”
The secondary reference Sakurai was previously relied upon to teach a “[0013] the base plate has a groove portion which accommodates the protruding portion and extends in the first direction. [0014] According to the aspect described above, a movement of the protruding portion of the end plate in the first direction is allowed by the groove portion of the base plate, that is, displacement of the end plate in a cell stacking direction is allowed, and thus it is possible to alleviate a cell thickness restraint reaction force of a cell stack.” However, as now recited, the “fixing members,” now comprise a support part (an embodiment of which is shown in Fig. 5 of the instant specification, namely the fixing portions 30, support portion 40, and groove 42) which now form what amount to a cavity or channel which accepts the lower eaves portions rather than the groove portion through what is described in the present specification as “hooking”. As situated, modifying the fixing structure introduced by Sakurai would logically require removal or modification of the groove portions 66 - which would require interfere with the prior modification “such that the fixing potions 62c and the plate engaging portions of the flange 54 are integral.” Further search and consideration has indicated the available art does not support this modification without impermissible hindsight bias and extensive redesigns to modified Omura. Thereby, Claim 1 and its dependent claims 2, 10-15 are allowable subject matter.
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.
Claims 3-4, 6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Omura, et. al. (US2020044297A1), in view of Lee, et. al. (US 20140234690 A1), Sakurai, et. al. (US 20190115614 A1), and Choi, et. al. (EP3125332B1).
Regarding Claim 9, Omura teaches a fixing structure of a cell module (Fig. 1, 3 ; restraint members 6 and associated components), the cell module including a cell stack ([0016] battery stack 2 comprises a plurality of batteries 12) that has a plurality of cells stacked (see prior), a pair of end plates (a pair of end plates 4) disposed at both ends of the cell stack (end plates 4 in Fig. 1) in a stacking direction of the cells (Fig. 3 shows the stacking direction in the x direction) and a restraint member (restraint member 6 extending across an entire length of the cell stack in the stacking direction (see Fig. 3 wherein the entire side face is covered) while engaging with the pair of end plates to sandwich the plurality of cells (engaging including the fastening screws 16 which attaches the restraint members 6 to the end plates 4). Omura at [0016, 21-25, 32-3], Fig. 1 and 3.
Omura further teaches each cell (battery 12) of the plurality of cells includes a top surface provided with a pair of output terminals(“[0022] a side provided with the sealing body serves as top surface n of battery 12 . . . battery 12 has valve 24 on top surface n facing covering 8. In sealing plate 20, valve 24 is disposed between a pair of output terminals 22”), a bottom surface (“[0023] “bottom surface”)opposite to the top surface, two main surfaces connecting the top surface and the bottom surface (“[0023] side surfaces”), and two side surfaces connecting the top surface and the bottom surface (“Battery stack 2 is substantially rectangular and has four side surfaces”), the restraint member includes a rectangular flat surface portion parallel to the side surfaces of each cell (Fig. 1, 3 [0032] “Restraint member 6 has rectangular plane 6 a parallel to a side surface of the assemblage and eaves part 6 b protruding from an end of each side of plane 6 a toward the assemblage. Restraint member 6 can be formed by folding each side of a rectangular metal plate, for example” ; Examiner notes that Fig. 3 depicts a cutout which appears to denote a cross sectional view, and not an opening in the plate when taken together with Fig.1) , and a pair of upper and lower eaves portions (eaves part 6b) protruding from an upper side and a lower side (Fig. 3 shows the eaves 6b on the bottom surface, which indicates the eaves are disposed upon the lower side) , respectively, of the flat surface portion toward the cell stack (Fig. 3), wherein the end plates are engaged with the flat surface portion (in Fig. 1, 3, these are integral with the flat surface portion) , the lower eaves portion is disposed between the fixing object and the bottom surface (Fig. 3). Id.
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Fig. 1 and 3 of Omura.
However, Omura is silent as to “the fixing structure comprising: a fixing part comprising a connection portion in direct contact with a fixing object and configured to fix the cell module to the fixing object, such that the cell module is fixed in place relative to the fixing object at least in one direction . . . .
[wherein the lower eaves portion] includes a protrusion that protrudes more outside than the end plate in the stacking direction, wherein the connection portion is provided in the protrusion of the lower eaves portion of the restraint member while spaced apart from the pair of end plates, so as to reduce a stress generated on the fixing part due to a dimensional change of the cells.”
Lee teaches a battery pack, having a unit module stack 300, each containing two battery cells, lower end support member 610, insulation member 720, side support members 810, 820. Lee at [0079 – 91], Fig. 8. Figure 8 in particular teaches “support members 810, 820,” which span the length of the unit module stack 300, and because these stacks contain battery cells, this reads upon a restraint member “extending across an entire length of the cell stack in the stacking direction.” Id. Further, these support portions extend in an “L” shape, like a standard metal brace, indicating these read upon “comprising a connection portion [822, 823] in direct contact with a fixing object [610] and configured to fix the cell module to the fixing object [610] . . . such that the cell module is fixed in place relative to the fixing object in at least one direction . . . wherein the connection portion [822, 823] is provided in the restraint member [810, 820] while spaced apart from the pair of end plates [720]” wherein the connection portions are the lower end frames 822, 823, wherein the through holes permit fastening members 611, 612 to be coupled to the first lower end support member 610 and the lower end support member 620. Id. This lower end support member acts as the “fixing object,” wherein “in at least one direction,” is met by the axis of the fastening members 611, 612. Id. Lee teaches this configuration permits the battery module assembly to have a “compact structure which can be stably mounted in a limited space, such as a vehicle,” and further notes this assembly has “excellent structural stability against external impact.” Lee at [0096]. Examiner notes that “to reduce a stress generated on the fixing part due to a dimensional change of the cells,” also reads upon a change dimensions of the cells due to deformation caused by impact, not necessarily just expansion as result of swelling or cell failure.
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Fig. 8 of Lee.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the fixing structure of Omura with the lower end support member 610, insulation member 720, side support members 810, 820 of Lee connected to the lower eaves portion (eaves part 6b) of Omura, such that it comprises “a fixing structure comprising: a fixing part comprising a connection portion (the flat portion of lower end frames 822, 823 of Lee, which as modified is connected to the restraint member 6 and the seat 82 of Omura roughly in the location directly adjacent to the corners of the restraint member) in direct contact with a fixing object (seat 82 of Fig. 1 of Omura) and configured to fix the cell module to the fixing object (using the screw holes shown in the lower end frames 822, 823 of Lee; it’s at least suggested that fastening screws like fastening screw 16 of Omura) such that the cell module is fixed in place relative to the fixing object at least in one direction (here, the z direction of Fig. 1 of Omura). . . .[wherein the lower eaves portion] includes a protrusion that protrudes more outside than the end plate in the stacking direction (as modified, the L shape formed by the lower end frames 822, 823 would be disposed so that it connects to the restraint member 6 at the corner, forming a protrusion where the bottom portion of the L shape is the connection portion), wherein the connection portion is provided in the protrusion of the lower eaves portion (see prior) of the restraint member while spaced apart from the pair of end plates, so as to reduce a stress generated on the fixing part due to a dimensional change of the cells.” This is obvious because Lee teaches a benefit to stability against impact ([0096] “the battery module assembly . . . [bay be] stably mounted in a limited space, such as a vehicle, while minimally occupying the space”), which would amplify the deformation suppressing functionality of the structure of Omura while permitting the fixing structure to be fixed to a fixing object, such as seat 82 of Omura. Examiner notes that the connection portions 822, 823 are disposed at the corner portions of modified Omura, because the connection portions are at the corners of a rectangular parallel piped shape within the original reference at Fig. 8.
Regarding the newly amended terms, “wherein the connection portion is provided in the protrusion of the lower eaves portion of the restraint member while spaced apart from the pair of end plates, so as to reduce a stress generated on the fixing part due to a dimensional change caused by expansion of one or more cells of the cells,” Lee, as applied to modified Omura, teaches that within the prior art, “[0007] battery cells repeatedly expand and contract during discharge of the battery cells due to the low mechanical strength of the cells,” and teaches “[0015] it is an object of the present invention to provide a battery pact . . . [having] structural stability,” implying this benefit is achieved. Lee at [007 – 15]. Lee in this same section teaches it is beneficial to use its frame structure because “minimally occupying the space using a small number of members” is preferable. Id. Modified Omura teaches “pair of end plates and the pair of restraint members together bound four sides of the cell module,” Omura at Fig. 1.
However, modified Omura is silent as to “the lower eaves portion protrudes parallel to the fixing object more outside than the end plate from a lower side of the cell stack.” Modified Omura is silent as to “a contact plate is fixed to a surface of the flat surface portion of the restraint member facing the end plate, the contact plate has a groove portion on a surface facing the end plate, the end plate and the restraint member are fixed to each other by fitting the end plate into the groove portion, the fixing part is disposed at a coupling portion of the end plates and the restraint member, the coupling portion is a region that includes a portion where the end plate, the contact plate, and the restraint member are engaged with one another.”
Sakurai teaches a battery module cell stack 2, having a frame 5 and end plates 3, which “[0033] receive a load of the cell stack 2 .. . mainly caused by expansion of the cell 21 due to temperature change and aging deterioration. Sakurai at [0033], Fig. 1. Sakurai teaches these frames 5 have lower flange portions 54 which read upon lower eaves portions as claimed, which work together with upper flange portion 53 to “[0041] elastically pinch” the cell stack 2 to “[0041]improve the vibration resistance.” Id. at [0041], Fig. 3. Sakurai teaches these lower flange portions 54 are flush with the lower plate 6 (connected by plate engaging portions 54c), and that the lower plate 6 has fixing portions 62 which protrude parallel to the fixing object more outside than the endplate from a lower side of the cell stack. Id. at [0041 – 51], Fig. 1 and 3.
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Fig. 1 of Sakurai.
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Fig. 3 of Sakurai.
The Office notes that Sakurai teaches its structure receives a load from expansion of one or more cells of the cells; this in turn discloses its structure reduces the load on other components of the frame assembly, such as the fixing potion 62, which reads upon a “fixing part,” which is connected to a “fixing object” that is “[0003] is mounted on an electric vehicle or the like.” Sakurai at Fig. 3, [0003, 41].
Sakurai a contact plate (lower plate 6) is fixed to a surface of the flat surface portion of the restraint member (flange portion 54c) facing the end plate, the contact plate has a groove portion on a surface facing the end plate ([0046] groove portions 66), the end plate and the restraint member are fixed to each other by fitting the end plate into the groove portion (“[0046] frame engaging portions 65 which engage with the plate engaging portions 54 c of the left side frame 5 L and the right side frame 5 R, groove portions 66 which accommodate the protruding portion 33 s of the end plate 3 , and retaining portions 67 which retain the retained portions 54 a of the lower flange portions 54 via the pins P 1”), the fixing part is disposed at a coupling portion of the end plates and the restraint member (fixing portions 62, Fig. 3 of Sakurai), the coupling portion is a region that includes a portion where the end plate, the contact plate, and the restraint member are engaged with one another (see Fig. 3 of Sakurai). Sakurai at [0041 – 46], Fig. 3.
Sakurai teaches its lower plate 6 comprises a rail structure with a groove extending in the stacking direction (groove 66, “[0052] The groove portions 66 are constituted of concave grooves extending in the front-rear direction at both left and right end portions of the upper surface of the lower plate body 61 and accommodate the protruding portions 33 provided on the lower surface of the end plate 3”, and the lower eaves portion is inserted into the groove, thereby allowing the support part to support the lower eaves portion so as to be slidable in the stacking direction (Fig. 3; “Thus the displacement of the end plate 3 in the left-right direction with respect to the lower plate 6 is regulated while the displacement of the end plate 3 in the front-rear direction with respect to the lower plate 6 is allowed.”).
However, while the lower eaves portion (flange portion 54) is flush with, and connected to via the plate engaging portions 54c the protruding portion of the fixing portions 62, these are not integral within Sakurai.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the lower eaves portion of modified Omura, such that it comprises the lower eaves portion of Sakurai, such that the fixing potions 62c and the plate engaging portions of the flange 54 are integral, because Sakurai teaches a benefit to receiving a load caused by expansion of one or more of the cells, and because the use of a one piece construction and/or making two parts integral is obvious where it is a matter of obvious engineering choice, and here, the base device being modified (modified Omura) teaches it is beneficial to use fewer parts, indicating the expectations of the art before the effective filing date of the claimed invention would lead one of ordinary skill in the art to modify the fixing portion 62 to be integral with the flange 54.
Further, one of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to further modify the lower eaves portion of modified Omura with the groove portions 66 of Sakurai, such that the flange 54 and the integral fixing portions 62 slide within the groove 66, such that “a contact plate is fixed to a surface of the flat surface portion of the restraint member facing the end plate, the contact plate has a groove portion on a surface facing the end plate, the end plate and the restraint member are fixed to each other by fitting the end plate into the groove portion, the fixing part is disposed at a coupling portion of the end plates and the restraint member, the coupling portion is a region that includes a portion where the end plate, the contact plate, and the restraint member are engaged with one another,” as claimed, because Sakurai teaches a benefit to regulating left right regulation while allowing front rear displacement (which is accepted by the end plates 3).
However, modified Omura is silent as to a contact plate which is directly fixed to a surface of the flat surface portion of the restraint member facing the end plate, wherein the end plate is fixed in place relative to the restraint member at least in the stacking direction.
Choi teaches “[0026] Referring to Figs. 1 to 8 , a battery module 10 may include a battery cell assembly 100, a terminal frame 200, an end plate 300, a cover frame 400 and an elastic member 500.” Choi at [0026]. The end plate 300 notably stretches in the lengthwise direction within Fig. 2, and fixes in place an elastic member 500 comprising a contact plate 510, wherein this end plate fixes this contact plate 510 by affixing to the face of the prismatic assembly in the stacking direction. This end plate forms a restraint-like shape, wherein the cover frame 400 is affixed similarly to the end plate of Omura; Fig. 2 thereby indicates a configuration wherein the cover frame 400 is fixed in place relative to the restraining end plate at least in the stacking direction, directly fixing a contact plate to a surface facing the end plate. Further, Choi teaches “[0043] The elastic member 500 is for controlling the cell swelling of the plurality of battery cells 110, and may be formed as an assembly made of a metal material. Such an elastic member 500 may be provided in the plurality, and may be provided between at least two battery cells 110 of the plurality of battery cells 110 of the battery cell assembly 100. Here, the elastic member 500 to be provided between the battery cells 110 may be arranged between two battery cells 110 arranged in an exact center of the battery cell assembly 100. Further, the plurality of elastic members 500 may be further provided between each end plate 300 and the battery cell 110 arranged on the outermost portion of the battery cell assembly 100.” This indicates a benefit to directly fixing a contact plate in the stacking direction, such that the contact plate helps to control swelling, i.e. dimensional change caused by expansion.
One of ordinary skill in the art before the effective filing date would find it obvious to modify the battery of modified Omura, such that it comprises a contact plate which is directly fixed to a surface of the flat surface portion of the restraint member facing the end plate, wherein the end plate of modified Omura is fixed in place relative to the restraint member at least in the stacking direction as in Choi, because Choi teaches a benefit to controlling swelling.
Claim 9 is obvious over Omura, in view of Lee, Sakurai, and Choi.
Regarding Claim 3, Claim 3 relies upon Claim 9. Claim 9 is obvious over modified Omura.
Modified Omura teaches the fixing part is disposed at a coupling portion of the end plates (end plates 4) and the restraint 6. Omura at Fig. 1,3; Lee at Fig. 8. Here, “disposed at a coupling portion” under the broadest reasonable interpretation includes the corner where the fastening screws 16 transition from the end plate to the side covering portion of the restraint 6. Id.
As such, Claim 3 is obvious over Omura, in view of Lee and Sakurai.
Regarding Claim 4, Claim 4 relies upon Claim 3. Claim 3 is obvious over modified Omura.
Modified Omura teaches the fixing part (lower end frames 822, 823) is connected to the restraint 6. Omura at [0030-33], Fig. 1, Lee at Fig. 8.
As such, Claim 4 is obvious over Omura, in view of Lee and Sakurai.
Regarding Claim 8, Claim 8 relies upon Claim 9. Claim 9 is obvious over modified Omura.
Modified Omura teaches the cell module includes a pair of first and second restraint members respectively facing the two side surfaces of each cell of the plurality of cells, wherein each of the first and second restraint members is the restraint member (see Fig. 1, 3, wherein two restraint members 6 are on either side), wherein the connection portion is provided in the protrusion of the lower eaves portion of each of the first and second restraint members (as previously modified, the connection portion 822, 823 of Lee is disposed at the corners of the restraint member, which is adjacent to the lower eaves portions 6b as shown in Fig 3b). Examiner notes that the protrusion portion is formed according to the previous modification of Claim 1, and this protrusion is construed as being upon both sides.
As such, Claim 8 is obvious over Omura, in view of Lee, Sakurai, and Choi.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Omura, in view of Lee, Sakurai, and Choi, and further in view of Oishi, et. al. (JP2015230765A; Examiner notes this is the previous primary reference, and is included within the file).
Regarding Claim 6, Claim 6 relies upon Claim 9. Claim 9 is obvious over modified Omura.
Modified Omura silent as to the deformation under force generated.
Oishi teaches a fixing part has a deformation part (long holes 57, screws 67, which are disposed in the deformation suppressing members 41 and 42, both having an “L” shape” ; this allows the members to expand slightly with expansion but with uniform load on each end plate) that gets deformed under force generated by a dimensional change of the cells, and the reduction mechanism includes the deformation part. Oishi at [0008] (“When each end plate is deformed, the variation in the restraint load to the battery cell is increased, but the deformation suppressing member [read: bolt B1, and nut N1, when combined with restraining members 41, 42, end plate 21, module fixing portion 24] suppresses the deformation such that the non-fixed ends are separated, so even if the battery cell expands, [c]onstraint loads on battery cells are unlikely to be uneven.”), Fig. 1. Oishi teaches a benefit to suppression of the distortion of the positive or negative electrode, because this prevents concentration of the load on a single part leading to “precipitation of lithium.” Oishi at [0003 – 004].
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Fig. 1 of Oishi
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the fixing part of modified Omura, such that the L shaped connection portion (based upon the lower end frame 822 of Lee) comprises the long holes 57, and screws 67 of Oishi, such that it comprises “a deformation part” which may be deformed slightly under force generated by a dimensional change of cells, because Oishi teaches a benefit to suppression of the distortion of the positive or negative electrode, while preventing concentration of the load on a single part leading to “precipitation of lithium.”
As such, Claim 6 is obvious over Omura, in view of Lee, Sakurai, and Choi, and further in view of Oishi.
Response to Arguments
Applicant’s arguments with respect to claims 3-4, 6, and 8-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNA RAJAN HAMMOND whose telephone number is (571)272-9997. The examiner can normally be reached 9:00 - 6:30 PM M-F.
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/K.R.H./Examiner , Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights