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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/10/2025 has been entered.
Drawings
The drawings are objected to because
After further review, it is noted that the amendment to Fig. 14 in the drawings filed 12/27/2024 changes the location of the first members 930. As originally filed (08/20/2021), the battery module of Fig. 14 appears to rest on the first members 930. This positioning is supported by the instant specification, which indicates that the side end part of the base end plate 950 can be fastened to the first member (horizontal member) 930 together with the outermost fastening part of the battery module assembly [instant specification: 0105-0106, 0110]. In the amended drawing (filed 12/27/2024), the first members are positioned adjacent the battery module, which does not appear to be supported by the instant specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
Claim 1 recites, “wherein the case end plate comprises: a first surface… a second surface bent from the first surface… the second surface fastened to an upper surface of a second member of the plurality of second members” (emphasis added). Claim 1 then later recites, “wherein the second member to which the second surface of the case end plate is fastened is formed at a height…” (emphasis added). Claim 13 recites, “wherein the second member of the plurality of second members is disposed between the two adjacent first members of the plurality of first members…” (emphasis added). Since the recitation of “the second member to which the second surface of the case end plate is fastened” (Claim 1) is understood a referring to the same second member as “the second member of the plurality of second members” (Claim 13), Examiner suggests consistency between these recitations in order to increase clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-5, 8-13 and 15-17 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “wherein the battery pack further comprises a case end plate disposed between the battery module assembly and the side members” (emphasis added). The case end plate is understood to be a singular structure (i.e. structure 950 in instant Fig. 14). The side members are understood to be two separate structures which are spaced apart from one another and disposed at a border part of the lower panel (i.e. structures 940 in Fig. 9; see also instant specification: [0088, 0091]). The limitation of a case end plate disposed between the battery module assembly and the side members is interpreted as requiring the case end plate to spatially separate the battery module assembly from each of the side members. However, since the case end plate is understood to be positioned at one the end of the battery module assembly (see instant Fig. 13), a case end plate is understood to be between the battery module assembly and one side member, while the battery module assembly is understood to be between the case end plate and the other side member. Therefore, the limitation of “a case end plate disposed between the battery module assembly and the side members” does not appear to be supported by the instant specification. As such, Claim 1 and dependent Claims 2, 4-5, 8-13 and 15-17 are rejected as introducing new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-5, 8-13 and 15-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “wherein the battery pack further comprises a case end plate disposed between the battery module assembly and the side members” (emphasis added). The case end plate is understood to be a singular structure (i.e. structure 950 in instant Fig. 14). The side members are understood as being two separate structures which are spaced apart from one and disposed at a border part of the lower panel (i.e. structures 940 in Fig. 9; see also instant specification: [0088, 0091]). The limitation of a case end plate disposed between the battery module assembly and the side members is interpreted as requiring the case end plate to spatially separate the battery module assembly from each of the side members. However, since the case end plate is understood to be positioned at one the end of the battery module assembly (see annotation of instant Fig. 13, below), a case end plate is understood to be between the battery module assembly and one side member, while the battery module assembly is understood to be between the case end plate and the other side member.
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Annotation of Instant Fig. 13
Therefore, a structure which results in “a case end plate disposed between the battery module assembly and the side members” is unclear. As such, Claim 1 and dependent Claims 2, 4-5, 8-13 and 15-17 are rejected as being indefinite. For the sake of compact prosecution, it is interpreted that the case end plate is disposed between the battery module assembly and a respective side member, as supported by the instant specification (see instant Figs. 9 and 13).
Claim 10 recites, “a shoulder bolt configured to fasten the second fastening part of an outermost battery module among the plurality of battery modules to a corresponding first member of the two adjacent first members” (emphasis added). Claim 10 then further recites, “the shoulder bolt includes a shoulder part that is not inserted into a fastening hole formed in a single first member among the two adjacent first members, the shoulder part having a length corresponding to an interval from a lower end of a head to an upper end of the single first member” (emphasis added). Here, it unclear whether “a single first member among the two adjacent first members” is the same structure as “a corresponding first member of the two adjacent first members”. Specifically, since the structure of shoulder part of the shoulder bolt is recited in terms of what it does not do, it could be interpreted that the “single first member” is the same as the corresponding first member, or it could be interpreted that the “single first member” is the other first member of the two adjacent first members. The possible locations of the “fastening hole formed in a single first member” are illustrated for clarity, below.
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Possible locations of a fastening hole formed in “a single first member”
Since it is unclear which structure is intended as the “single first member”, Claim 10 and dependent Claim 11 are rejected as being indefinite. For the sake of compact prosecution, it is interpreted the “a single first member” is the same structure as the “corresponding first member” as implied by the instant specification [0101-0102].
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action while retaining the subject matter noted as allowable (below). Claims 2, 4-5, 8-13 and 15-17 would be allowable as depending from Claim 1; all pending resolution of the objections and 112 issues (noted above).
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is: Choi et al. (WO-2021015461-A; see also English equivalent US-20220166098-A1 for citations); Park et al. (US-20200321590-A1); Fujiwara et al. (US-20120312614-A1); Yoshihara et al. (JP-2008282639-A; see also English translation provided 01/12/2023 for citations); Seong et al. (KR-20190009157-A; see also English translation provided 01/12/2023 for citations); Kellner et al. (DE-102019111769-A1; see also English translation provided 01/12/2023 for citations); and Fan et al. (US-20200083502-A1).
Regarding Claim 1, Choi in view of Park in view of Fujiwara and in further view of Yoshihara renders obvious almost all of the limitations of Claim 1 as laid out in the Final Office action (mailed 03/12/2023; see Pgs. 4-13). As laid out in the Final Office action (see Pgs. 10-11), modified Choi renders obvious a cover which reads on the recited limitation of a case end plate. The cover (case end plate) includes a first surface and a second surface (see annotation of Fujiwara Fig. 5, below), and the second surface is fastened to an upper surface of a second member of the plurality of second member (see Final Office action: Pgs. 11-12).
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Since the region of the ridge (15a, Fig, 5) near each first/second member is interpreted as being a part of the corresponding first/second member (see Final Office action: Pgs. 11-13), modified Choi does not teach “side members disposed at a border part of the lower panel”. Furthermore, although modified Choi renders obvious a case end plate, modified Choi does not teach that the case end plate is disposed between the battery module assembly and a respective side member (see interpretation laid out in 112(b) rejection, above). Therefore, modified Choi does not teach the limitation “side members disposed at a border part of the lower panel, wherein the battery pack further comprises a case end plate disposed between the battery module assembly and a respective side member” (N.B.: the 112(b) interpretation of Claim 1 is applied here) as required by Claim 1.
Since the cover is intended to form an exterior surface of the battery pack in order to protect the battery modules from damage [Fujiwara: 0045], one of ordinary skill in the art would not have been motivated to add a side member such that the case end plate (cover) is located between the battery module assembly and the side member.
Additionally, although modified Choi renders obvious a plurality of second members (see Final Office action: Pgs. 8-9), modified Choi renders obvious second members which have the same height (see Final Office action: Pgs. 8-9; Fujiwara Figs. 2, 6, 8-9). Therefore, modified Choi does not teach the limitation, “wherein the second member to which the second surface of the case end plate is fastened is formed with a height lower than a height of other second members among the plurality of second members” as required by Claim 1.
Therefore, the prior art, taken alone or together, does not disclose, teach, or suggest the limitations “side members disposed at a border part of the lower panel, wherein the battery pack further comprises a case end plate disposed between the battery module assembly and a respective side member” and “wherein the second member to which the second surface of the case end plate is fastened is formed with a height lower than a height of other second members among the plurality of second members” when taken in light of the rest of the claim limitations.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant’s arguments, see Pgs. 8-10, filed 05/12/2025, with respect to Claim 1 have been fully considered and are persuasive. The previous 103 rejections of prior office action (mailed 03/12/2025) has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW C NEWMAN whose telephone number is (571)272-9873. The examiner can normally be reached M - F: 10:00 AM - 6:00 PM.
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/D.C.N./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 9/22/2025