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 .
Response to Arguments
The applicant’s amendments to claims 24 and 25 are sufficient to overcome the issues of indefiniteness to those claims discussed in the previous office action of record. Accordingly, the rejections of those claims on those grounds is withdrawn.
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive.
Here, the applicant asserts that the cited references fail to disclose “a first protective cover and a second protective cover, each having a bottomed cylindrical shape, the first protective cover and the second protective cover covering the outer package member” and “the peripheral seal portion being held between the first protective cover and the second protective cover” as recited in claims 1 and 19.
The applicant further asserts that in regards to the peripheral seal portion feature, Kim is silent with respect to the peripheral seal portion being held between the first protective cover and second protective cover. Specifically, the applicant asserts that Kim discloses a cover 111 that includes a bottom surface portion 111a and a side portion 111b as well as a sealing portion 111c, and that the case 112 of Kim would be joined by the sealing portions to form a hinge, and that the sealing portions join the edges of the case and cover together, and subsequently, Kim is silent in respect to the peripheral seal portion being held between the first protective cover and second protective cover.
This argument has been fully considered but has not been found persuasive. The peripheral seal portion that has been identified as being the one corresponding to the claimed peripheral seal portion is not the one disclosed by Kim, but the one disclosed by Tonomura. Tonomura discloses structure wherein the outer package member includes a peripheral seal portion (Paragraph 0057, “Such the battery element 2 is packaged by the outer package member 3 , and the positive electrode tab 4 and the negative electrode tab 5 are led from a sealing portion of the outer package member 3 to the outside of the secondary battery 1”). Kim is further presented as making obvious an additional first protective cover and second protective cover. Where the protective covers surround and hold the entirety of the battery assembly of Tonomura, all of the components of Tonomura are held between the first protective cover and the second protective cover.
It is notable that the claims further require that the “first protective cover and the second protective cover [cover] the outer package member; the outer package member includes: a peripheral seal portion”. This limitation is consistent with the combination of Tonomura and Kim, which comprise protective covers which surround and hold an assembly which include an outer package member that comprises a seal portion.
Additionally, the applicant allected that the rationale to modify Tonomura to use the case and cover of Kim to surround Tonomura’s outer package member for improved stability and durability is flawed, and that even if said art is combined in said manner, it would not have resulted in the claimed structure. Here, the applicant asserts that if Kim’s pouch is combined with Tonomura’s battery, said pouch would house Tonomura’s battery element in a manner similar to Tonomura’s outer package member. This argument has been fully considered but has not been found to be persuasive.
Here, Kim discloses that their pouch ensures improved stability and impact protection (Paragraph 0030, “ According to an exemplary embodiment of the present invention, the durability of the pouch is ensured such that the electrode assembly may be stably received, and thereby the stability of the rechargeable battery may be ensured against an external impact.”), and further discloses that their pouch is capable of receiving an electrode assembly (Paragraph 0012, “Embodiments of the present invention further provide a rechargeable battery including a pouch that is capable of receiving an electrode assembly while ensuring durability.”). Kim does not provide further limitation which prevents or teaches away from the inclusion of other components which surround the electrode assembly in the pouch. Accordingly, Kim’s pouch, in receiving the electrode assembly of Tonomura, in conjunction with the other components which surround the electrode assembly of Tonomura, is consistent with what is presented by Kim.
The applicant further asserts that neither Kim nor Tonomura disclose the first protective cover and second protective cover each having a bottomed cylindrical shape. This argument has been fully considered but has not been found to be persuasive. Here, it is noted that the claim requires structure wherein the protective covers have bottomed cylindrical shapes, and do not require that the covers are bottomed cylinders, nor is it required that the shape of the covers be entirely bottomed cylindrical shapes.
Accordingly, the scope of what can be considered to be a bottomed cylindrical shape is significantly broader than what is a bottomed cylinder. Looking to Kim’s figure 5, Kim discloses structure where their protective covers comprise curved portions which are surrounded and capped by flat portions. This structure, having curved segments, is indicative of a bottomed cylindrical shape, being directed towards a curved segment which is capped on ends by bottoms. Each of these curved portions could be considered to be a quarter of a bottomed cylinder, appended on to flat portions, which are other parts of the protective covers.
Additionally, the applicant asserts that the combination of Tonomura and Kim would render Tonomura’s battery unit unfit for its intended purpose of providing excellent heat dissipation properties. Specifically, the applicant asserts that if Tonomura is combined with Kim as presented, that the heat of the battery element not be able to transmit easily from the heat transfer faces of Tonomura’s bottom case 11. This argument has been fully considered but has not been found to be persuasive.
Here, Kim discloses that their covers have the structure of a polymer coated metal film (Paragraph 0021, “The case and the cover may each include a laminate sheet including a polymer coated on both surfaces of a metal film.”). Tonomura discloses the same structure for their outer package members, specifically indicating that they comprise a thermal fusion resin layer coated on a metallic layer (Paragraph 0060, “Examples of the material of the thermal fusion resin layer 7 include polypropylene (PP) and polyethylene (PE). The metallic layer 8 is preferably made of metal having flexibility, and examples of the material of the metallic layer 8 include aluminum (Al) and an aluminum alloy”). Having the same structure of a polymer coated metallic film, the heat transmitted from the outer package member of Tonomura would therefore be transmitted from the faces of Kim’s cover, thereby maintaining the effect of Tonomura’s battery elements’ heat dissipation effectiveness.
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, 4-10, 19-21, and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tonomura (US 20120301763 A1), further in view of Kim (US 20110287308 A1).
Regarding Claim 1, Tonomura is an analogous art to the instant application, disclosing structure which comprises an electric vehicle (Paragraph 0002, “The present disclosure relates to a battery unit, a battery module, a power storage system, an electronic device, an electric power system, and an electric vehicle.”) comprising an electricity storage device aggregate (Paragraph 0002 , “The present disclosure relates to a battery unit, a battery module, a power storage system, an electronic device, an electric power system,”), a driving motor supplied with electric power from the electricity storage device aggregate, and a wheel driven by the driving motor (Paragraph 0125, “The hybrid vehicle 200 is powered by the electric power-driving power conversion device 203 so as to run. An example of the electric power-driving power conversion device 203 is a motor. The electric power-driving power conversion device 203 is operated by power of the battery 208 and rotative force of the electric power-driving power conversion device 203 is transmitted to the drive wheels 204 a and 204 b .”).
Additionally, Tonomura discloses structure wherein the electricity storage device aggregate includes a plurality of electricity storage devices (Paragraph 0009, “A battery unit according to an embodiment of the present disclosure includes a box-shaped case in which a plurality of secondary batteries are stored”), where each electricity storage device includes an electricity storage element sealed in an outer package formed of a laminate (Paragraph 0006, “For example, when many batteries in which a resin molded product is used as an outer package member are combined”), having a thermal adhesive resin layer (Paragraph 0060, “Here, a face on a thermal fusion resin layer 7 side is a face on a side on which the battery element 2 is housed. It is preferable that the thermal fusion resin layer 7 closely contact with the surface of the battery element 2. Examples of the material of the thermal fusion resin layer 7 include polypropylene (PP) and polyethylene (PE).”).
Additionally, Tonomura discloses structure wherein the outer package member includes a peripheral seal portion (Paragraph 0057, “Such the battery element 2 is packaged by the outer package member 3 , and the positive electrode tab 4 and the negative electrode tab 5 are led from a sealing portion of the outer package member 3 to the outside of the secondary battery 1”), and a housing portion (Paragraph 0043, “A case of the battery unit 10 has a box shape and is composed of a bottom case 11 and a top cover 28.”) formed with a predetermined depth from an inner edge of the peripheral seal portion for accommodating therein the electricity storage element (Paragraph 0057, “The outer package member 3 has a concave portion 6 which is formed by preliminarily conducting deep drawing on at least one face or both faces thereof, and the battery element 2 is housed in the concave portion 6 .”).
Additionally, in regards to the limitation of the instant claim wherein a depth direction of the housing portion is aligned with a front-rear direction of the electric vehicle, and a first direction orthogonal to the depth direction of the housing portion is aligned with a left-right direction of the electric vehicle, and a second direction orthogonal to the depth direction of the housing portion and the first direction is aligned with a height direction of the electric vehicle, Tonomura discloses structure depicted in their figure 1, showing that the housing comprises directions which include a depth direction, a first direction orthogonal to the depth direction, and a second direction orthogonal to the depth direction. Here, looking to Tonomura’s figure 22, which depicts the placement of the battery assembly on the bottom face of a vehicle body, Tonomura is silent in regards to the specific orientation of their battery case assembly, which comprises multiple stacked battery cell units as depicted in Tonomura’s figure 19A. Accordingly, the battery assembly of Tonomura which comprises multiple cell units can be rotated, as each rotational variant represents an obvious variant of the orientation of the battery, accordingly making the structure based on a given rotational orientation of the battery assembly obvious to one ordinarily skilled in the art. Here, it would be obvious to one ordinarily skilled in the art to rotate the battery assembly as needed to efficiently accommodate the battery apparatus within a vehicle, allowing for it to be attached while minimizing wasted empty space, in turn allowing for more components to be placed within the vehicle with a higher space-wise efficiency.
Therefore, one obvious variant comprises structure wherein the batteries are rotated and placed such that the height direction of the battery assembly as depicted in Tonomura’s figure 1 is the depth direction, aligned with the depth direction of the vehicle, the orthogonal direction of the depth direction which is the first direction is aligned with the depth direction of the vehicle, and also the long direction of the individual battery unit. Additionally, the sideways direction orthogonal to the depth direction is the second direction, aligned with a top-bottom direction of the electric vehicle.
Additionally, where the battery assembly is rotated and placed such that the height direction as depicted in Tonomura’s figure 19A is the depth direction of the placed batteries, the plurality of electricity devices are therefore arrayed in the depth direction of the housing portion.
Additionally, in regards to the limitation of the instant claim which requires structure wherein each electricity storage device includes a first protective cover and a second protective cover, each having a bottomed cylindrical shape, the first protective cover and second protective cover covering the outer package member, Tonomura fails to disclose said structure. Therefore, we look to Kim, which is an analogous art to the instant application, disclosing a pouch for a rechargeable battery which has stability through ensuring durability (Abstract, “A pouch for a rechargeable battery having stability by ensuring durability,”). Here, Kim discloses structure where a battery electrode assembly 20 is surrounded by two covers which have a substantially cylindrical shape, being generally rounded, as well as having a bottom, shown in Kim’s figures 7 and 8 (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto. That is, the cover 111 includes a second receiving portion including a second bottom surface portion 111a and a second side portion 111b as well as a second sealing portion 111c, and the cover 111 and the case 112 are joined at the sealing portions 111c and 112c.”). Here, Kim discloses that their second embodiment where both covers have a bottomed cylindrical shape allows for improved durability and battery stability (Paragraph 0073, “As described above, the step portion 112s or 111s is formed in the side portion 112b or 111b such that the thickness reduction of the edge may be decreased through the structure of the case 112 and the cover 111 including the plurality of slanted surfaces. Accordingly, the durability of the pouch 110 may be improved, and the stability of the rechargeable battery may be ensured.”), as well as disclosing that the symmetrical cover design allows for the containment and construction of a larger battery (Paragraph 0073, “Also, the cover 111 is formed with the same shape as the case 112 such that the space for receiving the electrode assembly may be sufficiently ensured, and as a result, a large electrode assembly may be received to realize a battery of a large size.”). Accordingly, based on these disclosures of Kim, it would be obvious to one ordinarily skilled in the art to apply the case 112 and cover 111 of Kim to surround the outer package member of Tonomura, thereby resulting in a battery with improved stability and durability, as well as resulting in structure where each electricity storage device includes a first protective cover and a second protective cover, each having a bottomed cylindrical shape, the first protective cover and second protective cover covering the outer package member.
Additionally, where Kim makes obvious the first protective cover and the second protective cover surrounding the contents of the outer package member and the components contained within, Kim therefore makes obvious the peripheral seal portion being held between the first protective cover and the second protective cover, where the peripheral seal portion is a portion of the outer package member.
Regarding Claim 4, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein a part of the peripheral seal portion extending in the first direction is bent to overlap a circumferential wall of the housing portion, as depicted in Tonomura’s figure 2, which depicts structure where the outer housing portion edge which extends in the first direction is bent down, and when inserted into the battery housing overlaps via an orthographic projection a circumferential wall of the bottom housing portion 11.
Regarding Claim 5, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein a machine direction of the outer package member is orthogonal to the first direction, as depicted in Tonomura’s figures 3A-3C, which depicts the enclosure of the battery element 2 within the outer package member 3. Here, a machine direction is understood to be a direction in which the battery element 2 is wrapped by the outer package member 3. Accordingly, where the battery element is inserted into the enveloping housing 3A of the outer package member 3, as depicted in Tonomura’s figure 3B, the outer package member therefore has a machine direction in any given direction, which includes a direction which is orthogonal to the first direction, thereby anticipating the structure of the instant claim.
Regarding Claim 6, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein the electricity storage element has a first electrode terminal and a second electrode terminal (Paragraph 0045, “Positive electrode tabs 4-1, 4-2, 4-3, and 4-4 and negative electrode tabs 5-1, 5-2, 5-3, and 5-4 are led from respective opposed short sides of the secondary batteries 1-1 to 1-4.”). Additionally, Tonomura discloses structure wherein the first and second electrode terminals protrude from parts of the peripheral seal portion, as depicted in Tonomura’s figure 3A, where they protrude from the faces of the peripheral seal portion which extend height-wise in the second direction.
Regarding Claim 7, modified Tonomura makes obvious the invention of Claim 6. Additionally, Tonomura discloses structure wherein the first electrode terminal protrudes from one of the parts of the peripheral seal portion 3 located opposite from each other in the first direction, as depicted in Tonomura’s figure 3A, and the second electrode terminal protrudes from another of the parts of the peripheral seal portion 3 opposite from each other in the first direction, as depicted in Tonomura’s figure 3A.
Regarding Claim 8, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein the electricity storage device aggregate is mounted in an electric vehicle (Paragraph 0085, “In a case of a vehicle which uses a battery of high output and high capacity, there is a case where a plurality of battery units 10-1, 10-2, 10-3, . . . are layered to be connected in series/in parallel,”), wherein a dimension of the electricity storage device aggregate in a direction in which the plurality of electricity storage devices are arrayed, here where the battery cells are also understood to be arrayed in the depth direction, is larger than the dimension of the electricity storage device aggregate in the second direction, as depicted in Tonomura’s figure 17A, which depicts the final compressed state of the battery aggregate, and figure 19A, which depicts an expanded view of the aggregate, where the height of the figure’s representation/depth of the aggregate is greater than the horizontal short distance of the figure/second dimension of the aggregate.
Regarding Claim 9, modified Tonomura makes obvious the invention of Claim 8. Additionally, Tonomura discloses structure wherein a dimension of the electricity storage device aggregate in the first direction is larger than the dimension of the electricity storage device aggregate in the dimension in which the plurality of the electricity storage devices are arrayed, as depicted in Tonomura’s figure 19A, where the long horizontal direction of the figure/first direction of the of the aggregate is greater than the height direction of the figure/depth direction of the aggregate.
Regarding Claim 10, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure where the aggregate of electricity storage devices is accommodated in an outer package case, where the case is a group of penetrating bolt apparatuses (Paragraph 0086, “Accordingly, as illustrated in FIG. 15B, it is possible that the battery units 10-1, 10-2, and 10-3 are layered and the sleeve holders 16-1, 16-2, and 16-3 are respectively positioned so as to penetrate a bolt 69 inside.”), where the bolts act to hold and fasten the aggregate (Paragraph 0086, “A nut is attached to the bolt 69 and tightened by certain pressure so as to maintain the layered state.”).
Additionally, Tonomura further discloses structure where the electric vehicle further comprises a mount member, here a heat-transfer face 23 (Paragraph 0066, “On the other hand, on outer lateral faces of the bottom case 11, a second heat-transfer face 23 which is continuously raised from the heat-transfer face 22 is formed”), on which the outer package case is mounted (Paragraph 0066, “The heat-transfer face 23 on the lateral face is formed up to a position slightly below the upper end face of the bottom case 11”), wherein the mount member has a temperature control function, as a heat transfer face acts to control temperature via the transfer of heat.
Regarding Claim 19, Tonomura is an analogous art to the instant application, disclosing structure which comprises an electric vehicle (Paragraph 0002, “The present disclosure relates to a battery unit, a battery module, a power storage system, an electronic device, an electric power system, and an electric vehicle.”) comprising an electricity storage device aggregate (Paragraph 0002 , “The present disclosure relates to a battery unit, a battery module, a power storage system, an electronic device, an electric power system,”), a driving motor supplied with electric power from the electricity storage device aggregate, and a wheel driven by the driving motor (Paragraph 0125, “The hybrid vehicle 200 is powered by the electric power-driving power conversion device 203 so as to run. An example of the electric power-driving power conversion device 203 is a motor. The electric power-driving power conversion device 203 is operated by power of the battery 208 and rotative force of the electric power-driving power conversion device 203 is transmitted to the drive wheels 204 a and 204 b .”).
Additionally, Tonomura discloses structure wherein the electricity storage device aggregate includes a plurality of electricity storage devices (Paragraph 0009, “A battery unit according to an embodiment of the present disclosure includes a box-shaped case in which a plurality of secondary batteries are stored”), where each electricity storage device includes an electricity storage element sealed in an outer package formed of a laminate (Paragraph 0006, “For example, when many batteries in which a resin molded product is used as an outer package member are combined”), having a thermal adhesive resin layer (Paragraph 0060, “Here, a face on a thermal fusion resin layer 7 side is a face on a side on which the battery element 2 is housed. It is preferable that the thermal fusion resin layer 7 closely contact with the surface of the battery element 2. Examples of the material of the thermal fusion resin layer 7 include polypropylene (PP) and polyethylene (PE).”).
Additionally, Tonomura discloses structure wherein the outer package member includes a peripheral seal portion (Paragraph 0057, “Such the battery element 2 is packaged by the outer package member 3 , and the positive electrode tab 4 and the negative electrode tab 5 are led from a sealing portion of the outer package member 3 to the outside of the secondary battery 1”), and a housing portion (Paragraph 0043, “A case of the battery unit 10 has a box shape and is composed of a bottom case 11 and a top cover 28.”) formed with a predetermined depth from an inner edge of the peripheral seal portion for accommodating therein the electricity storage element (Paragraph 0057, “The outer package member 3 has a concave portion 6 which is formed by preliminarily conducting deep drawing on at least one face or both faces thereof, and the battery element 2 is housed in the concave portion 6 .”).
Additionally, in regards to the limitation of the instant claim wherein a depth direction of the housing portion is aligned with a front-rear direction of the electric vehicle, and a first direction orthogonal to the depth direction of the housing portion is aligned with a left-right direction of the electric vehicle, and a second direction orthogonal to the depth direction of the housing portion and the first direction is aligned with a height direction of the electric vehicle, Tonomura discloses structure depicted in their figure 1, showing that the housing comprises directions which include a depth direction, a first direction orthogonal to the depth direction, and a second direction orthogonal to the depth direction. Here, looking to Tonomura’s figure 22, which depicts the placement of the battery assembly on the bottom face of a vehicle body, Tonomura is silent in regards to the specific orientation of their battery case assembly, which comprises multiple stacked battery cell units as depicted in Tonomura’s figure 19A. Accordingly, the battery assembly of Tonomura which comprises multiple cell units can be rotated, as each rotational variant represents an obvious variant of the orientation of the battery, accordingly making the structure based on a given rotational orientation of the battery assembly obvious to one ordinarily skilled in the art. Here, it would be obvious to one ordinarily skilled in the art to rotate the battery assembly as needed to efficiently accommodate the battery apparatus within a vehicle, allowing for it to be attached while minimizing wasted empty space, in turn allowing for more components to be placed within the vehicle with a higher space-wise efficiency.
Therefore, one obvious variant comprises structure wherein the batteries are rotated and placed such that the height direction of the battery assembly as depicted in Tonomura’s figure 1 is the depth direction, aligned with a left-right direction of the vehicle, the orthogonal direction of the depth direction which is the first direction is aligned with the front-rear direction of the vehicle, and also the long direction of the individual battery unit. Additionally, the sideways direction orthogonal to the depth direction is the second direction, aligned with a height direction of the electric vehicle.
Additionally, where the battery assembly is rotated and placed such that the height direction as depicted in Tonomura’s figure 19A is the depth direction of the placed batteries, the plurality of electricity devices are therefore arrayed in the depth direction of the housing portion.
Additionally, in regards to the limitation of the instant claim which requires structure wherein each electricity storage device includes a first protective cover and a second protective cover, each having a bottomed cylindrical shape, the first protective cover and second protective cover covering the outer package member, Tonomura fails to disclose said structure. Therefore we look to Kim, which is an analogous art to the instant application, disclosing a pouch for a rechargeable battery which has stability through ensuring durability (Abstract, “A pouch for a rechargeable battery having stability by ensuring durability,”). Here, Kim discloses structure where a battery electrode assembly 20 is surrounded by two covers which have a substantially cylindrical shape, being generally rounded, as well as having a bottom, shown in Kim’s figures 7 and 8 (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto. That is, the cover 111 includes a second receiving portion including a second bottom surface portion 111a and a second side portion 111b as well as a second sealing portion 111c, and the cover 111 and the case 112 are joined at the sealing portions 111c and 112c.”). Here, Kim discloses that their second embodiment where both covers have a bottomed cylindrical shape allows for improved durability and battery stability (Paragraph 0073, “As described above, the step portion 112s or 111s is formed in the side portion 112b or 111b such that the thickness reduction of the edge may be decreased through the structure of the case 112 and the cover 111 including the plurality of slanted surfaces. Accordingly, the durability of the pouch 110 may be improved, and the stability of the rechargeable battery may be ensured.”), as well as disclosing that the symmetrical cover design allows for the containment and construction of a larger battery (Paragraph 0073, “Also, the cover 111 is formed with the same shape as the case 112 such that the space for receiving the electrode assembly may be sufficiently ensured, and as a result, a large electrode assembly may be received to realize a battery of a large size.”). Accordingly, based on these disclosures of Kim, it would be obvious to one ordinarily skilled in the art to apply the case 112 and cover 111 of Kim to surround the outer package member of Tonomura, thereby resulting in a battery with improved stability and durability, as well as resulting in structure where each electricity storage device includes a first protective cover and a second protective cover, each having a bottomed cylindrical shape, the first protective cover and second protective cover covering the outer package member.
Additionally, where Kim makes obvious the first protective cover and the second protective cover surrounding the contents of the outer package member and the components contained within, Kim therefore makes obvious the peripheral seal portion being held between the first protective cover and the second protective cover, where the peripheral seal portion is a portion of the outer package member.
Regarding Claim 20, modified Tonomura makes obvious the invention of Claim 1. Additionally, where Kim makes obvious the structure of the first and second protective covers, and discloses that the first and prospective covers are substantially identical (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto.”), Kim depicts structure shown in their figure 8 where an outermost exterior face of each protective cover is given an exterior shape smaller than an opening in each protective cover, where faces 111a and 112a are smaller than the openings of the sealing portions 111c and 112c, thereby resulting in structure wherein the first protective cover is given an exterior shape smaller than an opening in the second protective cover.
Additionally, in regards to the limitation of the instant claim which requires structure where the peripheral seal portion is bent along the first protective cover, Tonomura discloses structure wherein a part of the peripheral seal portion extending in the first direction is bent to overlap a circumferential wall of the housing portion, as depicted in Tonomura’s figure 2, where this bend is along an axis shared by a section of the first protective cover based on the first and protective covers of Kim surrounding the outer package member of Tonomura, and where the second protective portion is fitted along a span outside the outer package member, aligned with an orthographic projection of the peripheral seal portion, thereby resulting in structure where the second outer package member is fitted along the peripheral seal portion.
Here, it is noted that “bent along the first protective cover” and “fitted along” do not require direct contact or adjacency, but rather instead require a generally similar orientation and placement, where said structure is made obvious by the combination of Tonomura and Kim.
Regarding Claim 21, modified Tonomura makes obvious the invention of Claim 19. Additionally, where Kim makes obvious the structure of the first and second protective covers, and discloses that the first and prospective covers are substantially identical (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto.”), Kim depicts structure shown in their figure 8 where an outermost exterior face of each protective cover is given an exterior shape smaller than an opening in each protective cover, where faces 111a and 112a are smaller than the openings of the sealing portions 111c and 112c, thereby resulting in structure wherein the first protective cover is given an exterior shape smaller than an opening in the second protective cover.
Additionally, in regards to the limitation of the instant claim which requires structure where the peripheral seal portion is bent along the first protective cover, Tonomura discloses structure wherein a part of the peripheral seal portion extending in the first direction is bent to overlap a circumferential wall of the housing portion, as depicted in Tonomura’s figure 2, where this bend is along an axis shared by a section of the first protective cover based on the first and protective covers of Kim surrounding the outer package member of Tonomura, and where the second protective portion is fitted along a span outside the outer package member, aligned with an orthographic projection of the peripheral seal portion, thereby resulting in structure where the second outer package member is fitted along the peripheral seal portion.
Here, it is noted that “bent along the first protective cover” and “fitted along” do not require direct contact or adjacency, but rather instead require a generally similar orientation and placement, where said structure is made obvious by the combination of Tonomura and Kim.
Regarding Claim 24, modified Tonomura makes obvious the invention of Claim 1. Additionally, as discussed above, where Kim makes obvious the structure of the first and second protective covers, Kim further discloses that the first and second protective cavers are formed in an identical shape (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto.”), shown in Kim’s figure 8.
Regarding Claim 25, modified Tonomura makes obvious the invention of Claim 19. Additionally, as discussed above, where Kim makes obvious the structure of the first and second protective covers, Kim further discloses that the first and second protective cavers are formed in an identical shape (Paragraph 0071, “However, in the second exemplary embodiment, the cover 111 is not flat, but is formed with substantially the same shape as the case 112, thereby being symmetrically attached thereto.”), shown in Kim’s figure 8.
Regarding Claim 26, modified Tonomura makes obvious the invention of Claim 1. Additionally, the peripheral seal portion, which seals the outer package members of Tonomura (Paragraph 0057, “Such the battery element 2 is packaged by the outer package member 3 , and the positive electrode tab 4 and the negative electrode tab 5 are led from a sealing portion of the outer package member 3 to the outside of the secondary battery 1”) is contained within the first and second protective covers of Kim, as discussed above. Accordingly, this means that the seal portion, being between the protective covers, is sandwiched between the protective covers, as well as between other intermediate components. Additionally, because other intermediate components are present, the peripheral seal portion is exposed to those components, rather than being entirely covered by the protective covers. Here, where the instant claim requires that the peripheral seal portion is sandwiched between a surface of a first protective cover and a surface of the second protective cover, such that a portion of the peripheral seal portion remains exposed, this limitation does not clarify what the portions of the seal portion are to be exposed to. Accordingly, based on a broadest reasonable interpretation of the claim, this claim is interpreted as requiring that the protective covers sandwich the peripheral seal portion, and that a surface of the peripheral seal portion is exposed to something other than the protective covers. As discussed above, the peripheral seal portion is in contact with the outer package members and the electrode tabs of Tonomura. Accordingly, these represent components other than the first and second protective covers that the peripheral seal portions are exposed to.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tonomura (US 20120301763 A1) in view of Kim (US 20110287308 A1) as applied to claim 1 above, in light of the teachings of Miyagi (US 20100015514 A1), and Wong (US 20200091468 A1)
Regarding Claim 3, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein a dimension of the housing portion in the first direction is larger than a dimension of the housing portion in the second direction, as depicted in Tonomura’s figure 1, wherein the first direction is the long horizontal direction and the second direction is the short horizontal direction of the figure. However, Tonomura does not disclose specific lengths or ratios of the housing portion in the first or second direction. However, in Tonomura’s figure 2, they disclose that the housing portion acts to hold four secondary battery pieces that are characterized by a plate shape (Paragraph 0044, “In a state that the top cover 28 is removed, four pieces of secondary batteries 1 - 1 , 1 - 2 , 1 - 3 , and 1 - 4 having a rectangular plate shape, for example, are stored with thermal conductive sheets 2 - 1 , 2 - 2 , 2 - 3 , and 2 - 4 respectively interposed, in the bottom case 11 having the boxed shape.”).
Here, where the batteries have a plate shaped construction, it would be obvious to one ordinarily skilled in the art to increase the first dimension of the battery cell so as to increase the energy density of the battery cell, based on a teaching of Miyagi (Paragraph 1291, “By enlarging the largest face, the battery can be improved in cycle characteristics, high-temperature storability, and other properties and be increased in the efficiency of heat dissipation in abnormal heating-up, even when it is a high-output high-capacity battery.”), which is an analogous art to the invention teaching structure of a vehicle battery (Paragraph 1299, “It is therefore preferred that the batteries and the battery assembly should be used in applications where they are mounted on a vehicle and the power thereof is supplied at least to the driving system of the vehicle.”), further in view of the teaching of Wong, who discloses structure where the height ranges from 2.6 to 4.4 times the length of their battery case, where their dimension of height is Tonomura’s first dimension, and their width is Tonomura’s second dimension (Paragraph 0023, “Other shapes and sizes are possible, such as a rectangular cells or rectangular cells with rounded edges, of cells between 17 mm to 25 mm in diameter or width, and 65 mm to 75 mm in length or height.”), where Wong further suggests that this ratio is suitable for a battery housing used for an electric vehicle (Paragraph 0023, “FIG. 1, among others, depicts a cross-sectional view of a battery cell 100 for a battery pack in an electric vehicle. The battery cell 100 can provide energy or store energy for an electric vehicle. For example, the battery cell 100 can be included in a battery pack used to power an electric vehicle. The battery cell 100 can include at least one housing 105.”). Accordingly, based on the teachings of Miyagi and Tonomura, it would be obvious to one ordinarily skilled in the art to make use a battery housing which has 2.6 to 4.4 times a dimension in the first direction compared to the second direction for its housing portion.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tonomura (US 20120301763 A1) in view of Kim (US 20110287308 A1) as applied to claim 1 above, in further view of Mizoguchi (JP 2004071427 A).
Regarding Claim 11, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure where the aggregate of electricity storage devices is accommodated in an outer package case, where the case is a group of penetrating bolt apparatuses (Paragraph 0086, “Accordingly, as illustrated in FIG. 15B, it is possible that the battery units 10-1, 10-2, and 10-3 are layered and the sleeve holders 16-1, 16-2, and 16-3 are respectively positioned so as to penetrate a bolt 69 inside.”), where the bolts act to hold and fasten the aggregate (Paragraph 0086, “A nut is attached to the bolt 69 and tightened by certain pressure so as to maintain the layered state.”).
Additionally, Tonomura discloses structure which further comprises a mount member, here a heat-transfer face 23 (Paragraph 0066, “On the other hand, on outer lateral faces of the bottom case 11, a second heat-transfer face 23 which is continuously raised from the heat-transfer face 22 is formed”), on which the outer package case is mounted (Paragraph 0066, “The heat-transfer face 23 on the lateral face is formed up to a position slightly below the upper end face of the bottom case 11”). However, Tonomura fails to disclose structure wherein the mounting member is formed of a liquid absorbent material, instead disclosing structure where the mount member is made of aluminum (Paragraph 0064, “the bottom face of the bottom case 11 is a heat-transfer face made of a heat-transfer material such as aluminum”).
Therefore, we look to Mizuguchi, which is an analogous art to the instant application, disclosing structure which comprises a cushioning material filled between a container body and a battery housed in the container body (Abstract, “A cushioning material is filled between a container body and a battery housed in the container body and containing an electrolyte.”), where said cushioning material acts to both act to absorb a leaked electrolyte, to act as an electric insulator that will not be deteriorated even after electrolyte absorption, and act to reduce vibration and impact damage (Paragraph 0004, “An object of the present invention is to provide a cushioning material that can absorb a leaked electrolyte solution, can be kept in an electric insulator without being deteriorated even when the electrolyte solution is absorbed, and can further reduce vibration and impact during transportation.”). Accordingly, where impact protection, as absorbency to prevent damage as a result of electrolyte leaks and insulating behavior, it would be obvious to employ the cushioning material as the mount member of Tonomura, thereby reading upon and making obvious the limitation of the instant claim which requires structure where the mount member is formed of a liquid absorbent material.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tonomura (US 20120301763 A1) in view of Kim (US 20110287308 A1) as applied to claim 1 above, and further in view of Capati (US 20190081364 A1).
Regarding Claim 12, modified Tonomura makes obvious the invention of Claim 1. Additionally, Tonomura discloses structure wherein the electricity storage device aggregate is arranged in a single tier in a height direction, where they disclose the use of a single aggregate stack (Paragraph 0099, “The three battery units 10-1, 10-2, and 10-3 are layered to be positioned by a bolt 69, thus stably maintaining an integrated layering state of the battery module 80.”; Paragraph 0085, “In a case of a vehicle which uses a battery of high output and high capacity, there is a case where a plurality of battery units 10-1, 10-2, 10-3”). Based on the orientational placement discussed above in regards to Claim 1, the stacking of the electricity storage device aggregate occurs in the depth direction, where only single cells are present in the aggregate in a height direction, depicted in Tonomura’s figure 19A where the short horizontal direction of the figure is the height direction.
Additionally, though Tonomura’s figure 22 depicts an illustration of the placement of the battery pack and associated vehicle components, mapped against a vehicle chassis bottom profile (Paragraph 0041, “FIG. 22 is a schematic diagram illustrating another application example of the battery pack.”), Tonomura fails to explicitly disclose structure where the battery aggregate is arranged in a bottom part of a vehicle chassis. Therefore, we look to Capati, which is an analogous art to the instant application, disclosing an apparatus for storing electrical energy in electric vehicles (Paragraph 0004, “At least one aspect is directed to an apparatus for storing electrical energy in electric vehicles to power the electric vehicles.”). Here, Capati further discloses structure where their invention comprises a battery apparatus which is attached to a bottom portion of a vehicle chassis (Paragraph 0048, “For example, the battery module 105 along with the battery blocks 110 can be located in a bottom of the electrical vehicle along a chassis.”). Additionally, Capati discloses that the chassis acts to support the components of the vehicle (Paragraph 0051, “The chassis 505 can support various components of the electric vehicle 500.”) and that the chassis can span the full length of the electric vehicle (Paragraph 0051, “The chassis 505 can span a front portion 520 (e.g., a hood or bonnet portion), a body portion 525, and a rear portion 530 (e.g., a trunk portion) of the electric vehicle 500.”). Accordingly, as the placement of the battery on the bottom of the chassis as disclosed by Capati would provide support to the battery apparatus, as well as allow for flexibility in the placement of the battery across the vehicle, it would be obvious to one ordinarily skilled in the art to apply the teaching of Capati to the invention of Tonomura, arranging the single tier of electricity storage device aggregate on a bottom part of a vehicle chassis.
Conclusion
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725