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 Amendment
The amendments filed 11/14/2025 have been entered. Claims 1-8, 10 and 13 are amended and Claims 15-20 are new.
Support for the amendments can be found in original Claims 4, 5, 7, and paragraphs 0030, 0032, 0050, 0097, 0117 of the published application (US 20220102812 A1)
The 112 rejections of 8/22/2025 are withdrawn in light of the amendments to Claims 1 and 5-7.
Claims 1-20 are pending.
Response to Arguments
Applicant's arguments filed 11/14/2025 have been fully considered but they are not persuasive.
On pages 9-12, Applicant argues that Botadra does not teach that “each cell receiving cutout is shaped and sized to engage only a peripheral rim of each cell” due to thermal sleeves (page 9, paragraph 3) and the height of the sidewalls (page 9, last paragraph; page 10, first paragraph).
Regarding the thermal sleeves, the rejection of Claim 1 does not cite them as the cell receiving cutouts.
Regarding the height of the sidewalls, “peripheral” relates to “the external boundary or surface of a body” and “rim” has a definition of “the outer often curved or circular edge or border of something” (Merriam-Webster Dictionary). Therefore, as the sidewalls of Botadra contact the external curved surface of the cylindrical battery cells, they would still only contact the peripheral rim of the battery cells.
On page 11, Applicant argues unexpected results in that the claimed invention results in superior thermal regulation. However, as discussed above, the amendments to Claim 1 do not distinguish the invention from the prior art. Additionally, no data is provided to support the unexpected results.
On page 11, Applicant argues that one of ordinary skill would not look to modify the length of the sidewalls of Botadra due to the connection mechanism shown in Figs. 17-19 and paragraphs 0064-0065. However, Botadra does not teach that the connection mechanism is dependent on the length/size of the sidewalls. Instead, the connection ribs (part 480) and corresponding recesses (part 439) are formed in the top faces (Figs. 17 and 18).
On pages 12, Applicant argues that Hofer does not teach the feature where “each cell receiving cutout is shaped such that only a peripheral rim of each cell is engaged within a respective cell receiving cutout”. However, as discussed above, Botadra teaches that feature and Hofer is cited only for the vibration dampening cell fixtures.
On page 13, Applicant argues that the present invention does not comprise any insulated/non-conductive material that is squeezed to retain the cells. However, even though the present invention does not recite the cell fixture, the cell fixture of modified Botadra would still read on the current wording of Claim 4.
On page 13, Applicant argues that the cell fixture of Hofer would be incompatible with the fluid flow apertures of the claimed invention. However, Botadra teaches the fluid flow apertures and it has been held that "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007) and "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Hofer shows that the cell fixture can comprise holes for non-battery cells (Fig. 1 – the cell fixture comprises holes corresponding to the opening 22) and one of ordinary skill would therefore be capable of adding the cell fixture of Hofer to the end plate of Botadra without impeding the fluid flow apertures.
Claim Objections
Claim 19 objected to because of the following informalities: in line 2, “any one of combination of” should read “any one or combination of”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Botadra (US 20170162839 A1, cited in the 7/28/2021 IDS).
Regarding Claim 1, Botadra teaches a battery pack (parts 10 and 400) that includes an array of battery cells (part 90) that are held between a pair of spaced apart end plates (Fig. 9 – part 412: two-piece jacket) and electrically interconnected through a plurality of cell links (part 496) (0036; Figs. 8 and 9). Each end plate has a first portion that has a plate structure having first and second surfaces (Figs. 9 and 12 – parts 432 and 434: cell facing and outward facing surfaces). The end plates have cell receiving cutouts that are spaced apart (Fig. 12 – parts 421-423) and fluid flow apertures between (intermediate to) the cell receiving cutouts (0059 – through holes 453 can be used as passages for cooling air). Each cell receiving cutout is shaped and sized to engage only a peripheral rim of each cell and to retain cells in said end plates (Figs. 12 – R1 and R2; the top of the end plates only contacts around the edge of the top face of the battery cells and the sidewalls of the end plate contact the external curved surface of the cylindrical battery cells).
A bus plate (part 490 – terminal plate) overlays the first surface (outward facing surface) of the first portion (Fig. 9 – part 490). The bus plate is of a laminar configuration and is made of an electrically conductive material (0051). The bus plate includes cell connection holes spaced apart and in alignment with the cell receiving cutouts of the first portion (Fig. 10, parts 495) and fluid flow orifices that align with the fluid flow apertures of the first portion (Fig. 10, part 498).
Each cell includes a first end and a second end (Fig. 8) and the first end is engaged in a cell receiving cutout of a first end plate and the second end is engaged in a cell receiving cutout of a second end plate (Figs. 8 and 9).
Each cell link (part 496) connects an electrode at a respective end portion of each cell to the bus plate of its respective end plate (0052; Figs. 8 and 10).
Each cell receiving cutout is shaped such that only a peripheral rim of each cell is engaged within a respective cell receiving cutout to retain the cell in the end plate (Figs. 12 – R1 and R2).
Regarding Claim 2, Botadra teaches the battery pack of Claim 1. Each cell receiving cutout is shaped such that a cell received via the second surface of the first portion would be spaced apart from the first surface of the first portion (0057; Fig. 9).
Regarding Claim 3, Botadra teaches the battery pack of Claim 1. At least a portion of a side wall of the cell receiving cutout includes one of or a combination of: a shoulder, a lip, a step, and an incline (0057; Fig. 9)
Regarding Claim 5, Botadra teaches the battery pack of Claim 1. The cell receiving cutouts are shaped to receive a cell therein (Figs. 8 and 9).
Regarding Claim 6, Botadra teaches the battery pack of Claim 1. Each fluid flow orifice and each fluid flow aperture shaped to align together (Figs. 9, 10, and 13). This allows for cooling air to flow through (0059) and can thus be seen as a fluid flow channel.
Regarding Claim 7, Botadra teaches the battery pack of Claim 1. The jacket (end plates) is formed of a material with low thermal conductivity such as polyethylene (0013). Polyethylene has low thermal conductivity and low electrical conductivity and can thus be viewed as non-conductive.
Regarding Claim 8, Botadra teaches the battery pack of Claim 1. The bus plate is an electrically conductive sheet (0051) and would therefore be formed from some conductive material.
Regarding Claim 9, Botadra teaches the battery pack of Claim 1. The battery pack (part 10) can be connected in series to form a battery assembly (0066; Fig. 19).
Regarding Claim 10, Botadra teaches the battery assembly of Claim 9. Although some battery packs are connected through direct contact of the bus plates, Botadra also teaches that bus bars or other conductive elements (which can be viewed as a link plate) can be used to connect battery packs (part 400) to each other (0066).
Regarding Claim 11, Botadra teaches the battery pack of Claim 1, where a plurality of battery cells is interposed between a pair of end plates. Therefore, Botadra would also teach a method for forming the battery pack of Claim 1, including a step of interposing a plurality of battery cells between a pair of end plates.
Regarding Claim 12, Botadra teaches the method for forming the battery pack of Claim 11. The battery pack has cell links connecting each cell to a bus plate of each end plate (0052, part 496). Therefore, the method would include a step of attaching a cell link to connect each cell to a bus plate of each end plate.
Regarding Claim 13, Botadra teaches the battery assembly of Claim 9, where two or more battery packs are linked using a link member (bus bar or another conductive element) (0066). Therefore, Botadra also teaches a method forming the battery assembly of Claim 9, including a step of linking two or more battery packs using a link member.
Regarding Claim 14, Botadra teaches the battery pack of Claim 1 and an end plate for the battery pack of Claim 1 (Fig. 9).
Regarding Claim 15, Botadra teaches the battery pack of Claim 5. The cell receiving cutouts have a circular cross-section (Fig. 12).
Regarding Claim 20, Botadra teaches the battery pack of Claim 1. The electrode of each cell is on a plane offset to a surface of the bus plate adjacent to the first surface (0052, Figs. 8 and 9 – each cell is connected to the bus plate through a tab 496 which contacts the cell terminal. Therefore, the cell terminal/electrode and bus plate would have to be on offset planes) and in a direction of the second surface of the first portion of the respective end plate when the end of the cell is operatively engaged in the cell receiving cutout (Figs. 8 and 9 – in an assembled state, the batteries are below the bus plate, which is the direction of the second surface).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Botadra (US 20170162839 A1, cited in the 7/28/2021 IDS) in view of Hofer (US 20150236315 A1).
Regarding Claim 4, Botadra teaches the battery pack of Claim 1. Botadra does not teach that the first portion includes a pair of insulated panels positioned back to back, where the cell receiving cutouts of the first panel are dimensioned so that an end portion of a cell can fit therein and the cell receiving cutouts of the second panel are dimensioned so that the respective end portion of the cells are impeded from fitting therein abut a peripheral rim of the cell. Instead, Botadra teaches the first portion as a single insulated piece (0013; Fig. 12).
However, Botadra teaches that parts of the end plates can be formed separately from the base (0068 – the protrusions can be formed either integrally with the base or separately from the base). Thus, it would have been an obvious engineering choice for one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the outward-facing surface (part 434 – panel with reduced radius to abut peripheral rim of the cell) separately from the sidewalls and/or protrusions. The sidewalls and/or protrusions can be viewed as the first insulated panel with cutouts dimensioned such that an end portion of a cell can fit therein and the outward-facing surface can be viewed as a second insulted panel with cell receiving cutouts dimensioned to abut a peripheral rim of the cell. The function of the end plate (holding the cells in place) would not change whether it is made of one piece or two pieces.
Alternatively, Botadra does not teach that the first portion includes a pair of insulated panels positioned back to back, where the cell receiving cutouts of the first panel are dimensioned so that an end portion of a cell can fit therein and the cell receiving cutouts of the second panel are dimensioned so that the respective end portion of the cells are impeded from fitting therein abut a peripheral rim of the cell. Instead, Botadra teaches the first portion as a single insulated piece (0013; Fig. 12).
Hofer teaches a plurality of battery cells held in place by cell carriers (parts 10 and 20), which can be viewed as a pair of end plates (Abstract). A cell fixture (part 30) with cell receiving cutouts dimensioned so that an end portion of a cell can fit therein (0019 – part 31) can be positioned between the cell carriers (Abstract). The cell fixture can be compressed to enclose the cells and reduce vibrations and increase service life (0009). The cell fixture is made of a non-conductive material (0011) and can be viewed as insulated.
Botadra and Hofer are considered analogous to the claimed invention as they relate to the same field of endeavor, namely battery packs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the cell fixture taught by Hofer to each end plate of Botadra in order to reduce vibrations and increase service life. The first portion can be viewed as the cell fixture and jacket, which in turn can be viewed as two insulated panel where the cell receiving cutouts of the first panel (cell fixture) are dimensioned so that an end portion of a cell can fit therein (Hofer: 0019) and the cell receiving cutouts of the second panel (jacket) are dimensioned so that the respective end portion of the cells are impeded from fitting therein and abut a peripheral rim of the cell.
Examiner notes that, while the battery packs are not under compression by themselves, they are compressed when used in a battery assembly (Botadra: 0066; Fig. 12: part 4 – compression spring).
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Botadra (US 20170162839 A1, cited in the 7/28/2021 IDS) in view of Yamamoto (US 20110250475 A1).
Regarding Claim 16 and 17, Botadra teaches the battery pack of Claim 7. Botadra does not disclose the flammability of the non-conductive material or that it is one of polycarbonate, polyaramid 6/6 glass-fibre reinforced, PTFE, or PEEK.
Yamamoto teaches a frame for a battery made of a thermoplastic resin such as polycarbonate (0064). This allows for a shorter molding cycle and a quick and inexpensive support (0064).
Botadra and Yamamoto are considered analogous to the claimed invention as they relate to the same field of endeavor, namely battery packs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-conductive material of Botadra to be the polycarbonate taught by Yamamoto as it is a known material for a battery pack frame that provides a quick and inexpensive support.
According to page 6 of the instant specification, polycarbonate would be able to resist temperatures over 60° C and have low flammability.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Botadra (US 20170162839 A1, cited in the 7/28/2021 IDS) in view of Ura (US 20030017383 A1).
Regarding Claim 18, Botadra teaches the battery pack of Claim 8. Botadra does not teach the type of conductive material used in the bus plate.
Ura teaches that the batteries in battery packs can be connected together using a terminal plate made of nickel (0003).
Botadra and Ura are considered analogous to the claimed invention as they relate to the same field of endeavor, namely battery packs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bus plate of Botadra to be made of nickel as it is a suitable material for connecting battery electrodes together. Doing so would provide nothing more than a battery pack where the batteries are connected using a terminal plate made of a suitable material (See MPEP 2143 A).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Botadra (US 20170162839 A1, cited in the 7/28/2021 IDS) in view of Lennox (US 10326117 B1).
Regarding Claim 19, Botadra teaches the battery pack of Claim 8. Botadra does not teach that the non-metallic conductive material includes any one of or a combination of graphene, a conductive polymer, or a ceramic material.
Lennox teaches a battery comprising a plurality of battery cells (Fig. 3, part 215) connected together through conductive plates (Col. 2, lines 66-67; Fig. 2A, parts 225, 230, and 235). The conductive plates can be made of a conductive polymer (Col. 5, lines 18-21).
Botadra and Lennox are considered analogous to the claimed invention as they relate to the same field of endeavor, namely battery packs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the conductive material of Botadra for the conductive polymer disclosed by Lennox as it is a known material for a plate that electrically connects multiple battery cells. Doing so would provide nothing more than a bus plate made from a material suitable for electrically connecting multiple battery cells (See MPEP 2143 B).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZIHENG LU/ Examiner, Art Unit 1752
/NICHOLAS A SMITH/ Supervisory Primary Examiner, Art Unit 1752