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
This is a non-final Office action in response to Applicant’s remarks and amendments filed on 10/08/2025. Claims 5 – 7, 11, and 15 remain withdrawn. Claims 8 – 10 are canceled. Claims 21 – 23 are new. Claims 1 – 4, 12 – 14, and 16 – 23 are pending in the current Office action.
The 35 U.S.C. 103 rejections set forth in the previous office action are maintained.
Response to Arguments
Applicant's arguments filed 10/08/2025 have been fully considered but they are not persuasive. Specifically, applicant argues that since the connecting terminals 33, relied upon by the examiner to correspond the claimed second protrusions(s) appear to be flat and since Tanaka does not explicitly disclose that the connecting terminals protrude, Tanaka does not ‘inherently” disclose that the claimed limitation of “wherein the battery unit has a second protrusion portion protruding toward the foamed resin member {i.e. relied upon buffer plate 5].
The examiner respectfully disagrees in light of the following discussion. First, the examiner notes that buffer plate 34 in Tanaka was relied upon as the claimed foam resin member, not partition plate 5 as seemingly argued by the applicant. The examiner further notes that in Fig. 1, the terminals 33 in Tanaka are shown to have some thickness. One with ordinary skill in the would appreciate/recognize that since the terminals have some thickness, are a part of are a part of the corresponding battery unit, and are included on an end of the battery unit facing buffer plate 34, the terminals 33 in Tanaka necessary serve as a protruding structure on the end of the battery unit. As such, applicant’s arguments are not persuasive in light of the terminals in Tanaka having a thickness that necessarily/inherently allows it to protrude out thickness-wise from an end of the battery unit toward buffer plate 34 and the rejection established in the previous Office action is maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 – 4, 12 – 13, 16, 18 – 19, and 21 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP2013045519A) in view of Zhang (US PG Pub. 2019/0067762 A1) and Kato (US PG Pub. 2017/0301965 A1) {Examiner Note: all prior art was cited in the previous Office action mailed 07/11/2025).
Regarding Claims 1 and 18 – 19, Tanaka discloses a battery pack (Fig. 2; [0016]) comprising a battery unit including at least one battery (cell block; Fig. 1, 3; [0021]); a case configured to accommodate the battery unit (housing; Fig. 2, 1; [0017 – 0019]); and a member provided between the battery unit and case (buffer plate; Fig. 1, 34; [0041]), wherein the member includes a facing portion facing an end surface or a side surface of the battery unit (refer to end of the buffer plate 34 that faces the end surface of the cell block in Fig. 1).
Tanaka teaches that the buffer plate to be in the form of a resilient flat plate that functions to reduce impacts on the connecting terminals 33 and battery cells in the front-to-rear direction (Fig. 2; [0041]).
Tanaka does not explicitly disclose; however, the buffering plate to be a foamed resin.
Zhang teaches a battery pack including a buffering pad that is an elastic foam ([0104]). The foam elastic buffering pad is taught to assist in ensuring the structural stability of the battery by firmly positioning and clamping the battery units with the frame, acting as buffer, and further ensuring the stability of the heat dissipation path when the battery is subjected to external impact and/or vibration ([0104]). In addition, the elastic deformation characteristics of the pad provides expansion space for the battery cells during charging-discharging cycles ([0104]).
Kato teaches a foam sheet member for a wall of a battery cover (Fig. 1B and Fig. 3; [0057];[0068 – 0069]). The foam sheet member is further taught to have elasticity ([0105]). For the foam sheet used in the battery cover wall, Kato exemplifies using foams such as polyurethane foam, polystyrene foam, polyolefin foam, chloroprene foam, and polyester foam ([0069]). In the instant specification, the foamed resin material is taught to be selected from for example, a polyphenylene ether (PPE)-based resin, a polystyrene (PS)-based resin, and an olefin-based resin (for example, polypropylene, polyethylene) (Instant Specification: [0031]). Kato teaches foam materials also taught by the applicant; therefore, the foam material taught by Kato reads on being a foamed resin.
Since Zhang teaches that it is already known in the art to use foam pad for buffering in battery modules, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the buffer plate of Tanka be a foam material, and further a foam material as taught by Kato, and thus have the buffering plate specifically be a foamed resin member, with a reasonable expectation of success that such a foam material would be suitable for the battery pack and provide the resiliency and protective capabilities desired by Tanaka.
The buffer plate in Tanaka has a surface that faces battery unit (Refer to Fig. 1); however modified Tanaka does not particularly disclose the claimed structure of wherein the facing portion includes a first surface portion and second surface portion, wherein at least a part of the second surface portion is configured to be flushed with the first surface portion, and wherein at least a part of the second surface portion is harder than the first surface portion.
Kato further teaches that the foam sheet member includes hard edge portions of highly compressed foam 104 {“i.e. high density portion”} and a central portion of low-compressed foam 106 {i.e. “low density portion”} (Figs. 1B and 3; [0059];[0064];[0093];[0097];[105]). The low compressed foam portion is taught to provide the wall with elasticity while the highly compressed foam portion is taught to provide improved mechanical strength/durability ([0105];[0112]).
Since Tanaka already teaches using components comprised of soft and hard portions to achieve buffering and structural stability effects ([0042];[0045 – 0049]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the foam buffer of Tanaka to have a hard, compressed portion and an elastic, less compressed portion, as taught by Kato, with a reasonable expectation of success in improving the structural stability/durability of the battery module while also maintaining the resiliency characteristics of the buffer, as desired by Tanka.
In modified Tanaka, the hard, compressed portion of the modified buffer plate corresponds to the claimed second portion and the more elastic, less compressed portion of the modified buffer plate corresponds to the claimed first surface portion. Furthermore, both portions make up the buffer plate. As such, modified Tanaka’s buffer plate provides the claimed facing portion including a first surface portion and second surface portion, wherein at least a part of the second surface portion is configured to be flushed with the first surface portion, and wherein at least a part of the second surface portion is harder than the first surface portion.
Modified Tanaka further discloses wherein the battery unit has a second protrusion portion protruding toward the foamed resin member, that is Tanaka teaches the battery block including connecting terminals on the end of the battery cells included in the block ([0041]), and, one with ordinary skill in the would appreciate/recognize that since the terminals are shown to have some thickness (Refer to Fig. 1), are a part of the corresponding battery unit, and are included on an end of the battery unit facing buffer plate 34, the terminals 33 in Tanaka necessarily protrude out thickness-wise toward buffer plate 34 and thus read on the claimed second protrusion portion structure.
Modified Tanaka does not explicitly disclose wherein at least part of the second surface portion is in contact with the second protrusion portion and further wherein the second surface portion is configured to be arranged on an inner area of the foamed resin member (Claim 18) and the first surface portion is configured to be arranged on an outer area of the foamed resin member (Claim 19).
However since, based on Fig. 1 of Tanka, the majority of the body of the connection terminals appear face a central portion of the buffer plate, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the modified buffer of Tanaka particularly include the harder foam in an inner {i.e. central} area of the buffer plate and the more elastic foam in an outer area, and thus obtain the claimed structure, with a reasonable expectation of success in achieving greater protection for the connection terminals {i.e. harder foam is taught to be stronger/more durable/provide greater structural stability} at the center of the plate while also allowing for elasticity to achieve the desired reduced impact effects.
Furthermore, by including the harder, more compressed foam in a central area of the plate, modified Tanaka provides the claimed structure of wherein at least a second surface portion {i.e. harder foam portion} is in contact with the second protrusion portion {i.e. connection terminals}, because the connection terminals are included between the ends of the battery cells and the buffer plate (Tanka: [0041]) and, based on Fig. 1 in Tanaka, are in a position that corresponds to the central portion of the buffer plate.
In addition, since the modified foam buffer plate attaches to the ends of the battery groups included in the battery block (Tanaka: [0041]) and the second surface portion of the modified foam member {i.e. hard, highly compressed portion} particularly provides increased structural stability (Kato: [0112]), one with ordinary in the art would reasonably expect the second surface portion of modified Tanaka to necessarily also be configured to support the battery unit.
Regarding Claim 2, modified Tanaka discloses all limitation as set forth above. Modified Tanaka’s buffer plate includes a harder, more compressed foam portion and a more elastic, less compressed foam portion.
In the instant specification, the foam density is defined to mean “the total volume of bubbles included per unit volume” ([0035]).
In modified Tanaka, the less compressed portion {i.e. corresponding first surface potion} is taught to include many air bubbles inside while the highly compressed portion {i.e. corresponding second surface portion} is taught to include relatively less air bubbles inside; therefore, one with ordinary skill in the art would reasonably expect modified Tanaka’s foam buffer plate to have a foam density of a second foamed resin constituting the second surface portion that is lower than a foam density of a first foamed resin constituting the first surface portion.
Regarding Claims 3 – 4, modified Tanaka discloses all limitation as set forth above. Tanaka further discloses further discloses wherein the battery unit further includes a holder configured to hold the at least one battery (cell case; Fig. 1, 4; [0043]).
Regarding Claim 12, modified Tanaka discloses all limitation as set forth above. Modified Tanaka includes a harder, more compressed foam in a central portion of the buffer plate and a more elastic, less compressed foam in an outer portion of the buffer plate. The low-compressed foam is taught to be elastic (Kato: [0105]) and therefore is necessarily configured to be elastically deformable. The highly compressed foam is taught to be hard/rigid (Kato: [0097]); therefore one with ordinary skill in the art would reasonably expect at least a part of the second surface portion to be plastically deformable.
Regarding Claim 13, modified Tanaka discloses all limitation as set forth above. As established above, the elastic buffering pad of modified Tanaka is formed from a foamed resin material such as polyurethane foam, polystyrene foam, polyolefin foam, chloroprene foam, and polyester foam (Kato: [0069]).
Since modified Tanaka’s foam buffering pad is taught to be formed from a finite list of foamed resin material that overlaps that claimed selection of polyphenylene ether-based rein, a polystyrene-based resin, an olefin-based resin, and combinations thereof, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to select a foam material within the overlapping portion of modified Zhang’s taught selection and the claimed selection, with a reasonable expectation of success that such a selection would be a suitable elastic foam material to use in the battery module of Tanaka.
Regarding Claim 16, modified Tanaka discloses all limitation as set forth above. Tanaka further discloses a power tool comprising the battery pack ([0016]).
Regarding Claims 21 – 22, modified Tanaka discloses all limitation as set forth above. In modified Tanaka, the hard, compressed portion of the modified buffer plate corresponds to the claimed second portion and the more elastic, less compressed portion of the modified buffer plate corresponds to the claimed first surface portion (Refer to rejection of claim 1 above). Additionally, in modified Tanaka, a terminal 33, of which there are a plurality of, corresponds to claimed second protrusion portion (Refer to rejection of Claim 1 above).
Modified Tanaka does not explicitly disclose; however, wherein the second protrusion portion or a plurality of second protrusion is/are configured to press into the first portion of the foamed resins member (Claims 21 and 22); however, the examiner notes that the limitation “configured to press into the first portion of the foamed resins member” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, modified Tanaka appears to include at least two second protrusion portions that that have a shape that allows them to particularly extend across and contact the outer region of the modified buffer plate (Refer terminals 33 that have extended portions in Tanaka: Fig. 1 ) and, as established in the rejection of claim 1 above, the outer region of the modified buffer plate includes a less compressed foam and is elastic. Therefore, since modified Tanaka includes the structure/configuration necessary to perform the claimed function {i.e. a structure where a protrusion portion is contacting an elastic surface of a foamed member}, modified Tanaka is considered to meet the requirement of claims 12 – 22 [See MPEP § 2114].
Regarding Claim 23, modified Tanaka discloses all limitation as set forth above. In Fig. 1 of Tanaka, the corresponding second protrusion portion {i.e. a terminal 33} is positioned between the end of the battery cells in the battery pack and the buffer plate 34, as such, modified Tanaka further includes the claimed structure of wherein the second protrusion portion is positioned between areas contacting the at least one battery.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP2013045519A), Zhang (US PG Pub. 2019/0067762 A1) and Kato (US PG Pub. 2017/0301965 A1), as applied to claim 1 above, and further in view of Kim (US PG Pub. 2013/0143074 A1, cited in previous Office action mailed 07/11/2025).
Regarding Claim 14, modified Tanaka discloses all limitations as set forth above. In modifies Tanaka, the buffer is comprised of a foam resin.
Modified Tanaka does not particularly disclose the buffering pad being formed of foamed beads.
Kim teaches that foam structures of battery packs can be formed from expanded polypropylene or expanded polystyrene beads, and that the foamed beads of expanded polypropylene or expanded polystyrene provide the benefit of higher thermal insulation and tenacity and further provides a structure capable of imparting impact resistance with reduced weight ([0045 – 0046];[0049]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to have the buffer of modified Tanaka be formed from foamed beads with a reasonable expectation in success that such a foam would be suitable for use in a battery and further allow for the buffering pad to be thermally insulating, low-weight, and be capable of imparting impact resistance, as taught by Kim.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP2013045519A), Zhang (US PG Pub. 2019/0067762 A1) and Kato (US PG Pub. 2017/0301965 A1), as applied to claim 1 above, and further in view of Ono (JP2010277796A, cited in previous Office action mailed 07/11/2025).
Regarding Claim 17, modified Tanaka discloses all limitation as set forth above. Tanaka teaches applying the battery pack in power tool ([0016]).
Modified Tanaka does not explicitly disclose an electric vehicle comprising the battery pack.
Ono teaches a battery pack for cylindrical battery cells similar that has a structure similar to the structure taught in Tanaka, and further teaches that the battery pack can be applied as a power source for electric vehicles (Refer Figs. 1 – 4 and Highlighted text on pg. 16).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to apply the battery pack of modified Tanaka in an electric vehicle, with a reasonable expectation of success in obtaining a battery suitable for such an application.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP2013045519A), Zhang (US PG Pub. 2019/0067762 A1) and Kato (US PG Pub. 2017/0301965 A1), as applied to claim 1 above, and further in view of Sakai (JP2015230764A, cited in previous Office action mailed 07/11/2025).
Regarding Claim 20, modified Tanaka discloses all limitation as set forth above. In modified Tanaka, the buffer comprises a second portion comprised of a relatively more compressed foam {i.e. harder/less elastic} and first portion comprised of relatively less compressed foam {i.e. more elastic}.
Modified Tanaka does not explicitly disclose wherein a plurality of second surface portions is configured to be regularly located on an inner area of the foamed resin member.
Sakai teaches a battery module including an elastic member comprising high elasticity portions surrounded by low elasticity portions (Figs. 2 – 3; [0016 – 0018]). In Fig. 3, the low elasticity portion is the main body of the elastic member and the high elasticity portions are provided so as to penetrate the low elasticity main body in the thickness direction ([0018]). Furthermore, based on Fig. 3, the positioning of the penetrating, high elasticity portions provides regularly {i.e. in a constant/defined pattern} arranged high elasticity portions on the inner area of the elastic member. Sakai further teaches achieving an elastic member capable of absorbing more load than when the entire member is made the high elasticity material and sufficient restraining load than when the entire member is made of the low elasticity material ([0023]).
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the buffer plate of Tanaka to have a structure where the less compressed foam portion {i.e. first surface portion} is the main body of the plate and the more compressed, hard foam portion {i.e. second surface portion} is included as columnar portions throughout the less compressed foam in a pattern, as suggested by Sakai, with a reasonable expectation of success in achieving a buffer member capable of achieving both increased load absorption and sufficient load restraint. By being included in a pattern throughout an inner portion of the plate, the hard portions {i.e. second surface portions} of modified Tanka provide the claimed structure of a plurality of second surface portions configured to be relatively located on an inner area of the foamed resin member, because, as shown by Fig. 3 in Sakai, such a configuration would provide inner area surface portions distributed in a constant/defined pattern.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM.
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, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/2/2026
Prosecution Insights