DETAILED ACTION
This Office Action is responsive to the February 19th, 2026 arguments and remarks (“Remarks”).
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 Amendments
In response to the amendments received in the Remarks on February 19th, 2026:
Claims 1-9 and 11 are pending in the current application. Claims 1, 6, 8, and 11 have been amended. Claim 10 has been cancelled.
The previous rejection under 35 USC 112 is overcome in light of the amendment.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on February 19th, 2026 with respect to claims 1-9 and 11 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Previously cited Huang CN208570713 (“Huang”)
Muto JP2010232102A (“Muto”)
Previously cited Zhao CN104752649 (“Zhao”)
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang CN208570713 (machine translation provided in a previous Office Action) in view of Muto JP 2010232102A (machine translation provided).
Regarding Claim 1, Huang discloses a battery module 1 (i.e. square cell battery module) ([0007], [0033]) comprising:
a frame 5 (i.e. box body) ([0007]-[0008], [0044]), containing an accommodating cavity 114 (i.e. receiving cavity) ([0008], [0034]);
at least two battery cells 12 (i.e. a plurality of battery cells) ([0036]), accommodated in the accommodation cavity 114 ([0034], [0036]);
a partition plate 11 (i.e. combination of a plurality of brackets) ([0034]), wherein the partition plate 11 comprises: a first assembling piece 111 (i.e. upper bracket), configured to overlay at least two battery cells 12 of the battery module 1 ([0034] – wherein each battery cell 12 has an upper bracket 111), wherein the first assembling piece 111 comprises a first body portion (i.e. one side surface of the upper bracket 111) and a first connecting portion 1111/1112/1114 (i.e. combination of buckle, accommodating clamping groove, and side support) disposed around the first body portion (Modified Figs. 3-4, [0035]); and
a second assembling piece 111, disposed alongside the first assembling piece 111, and configured to overlay another battery cell 12 of the at least two battery cells 12 within the battery module 1, wherein the second assembling piece 111 comprises a second body portion and a second connecting portion 1111/1112/1114 disposed around the second body portion, wherein the first assembling piece 111 and the second assembling piece 111 are spliced (i.e. connected) to each other through coordination between the first connecting portion 1111/1112/1114 and the second connection portion 1111/1112/1114, and wherein the first assembling piece 111 and the second assembling piece 111 of the partition plate 11 overlay the battery cells 12 respectively (Modified Fig. 4, [0035]); and
an electrode connecting plate 2 (i.e. connecting piece), disposed on the partition plate 11, wherein the at least two battery cells 12 are electrically connected through the electrode connecting plate 2 ([0038]).
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Modified Fig. 3 of Huang
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Modified Fig. 4 of Huang
While Huang discloses wherein along a height direction of the first body portion of the first assembling piece 111 (in the direction from 112 to 111), both the first connecting portion 1111/1112/1114 and the second connecting portion 1111/1112/1114 extend away from one end of the at least two battery cells 12 (see Modified Fig. 3 wherein side supports 1114 disposed at the four corners of the upper bracket 111 extend away from battery cell 12 in order to provide support for insulating cover plate 4) ([0043]) and that the plurality of lower brackets 112 are snap-fitted and spliced together by means of the second clips 1121 and the second slots 1122, Huang fails to explicitly disclose wherein the first connecting portion and the second connecting portion are inserted into each other.
However, Huang teaches that splicing is a beneficial method for structurally combining brackets, including upper bracket 111, to accommodate for a plurality of battery cells and facilitate the assembly of the battery module ([0036]).
Further, Muto discloses a battery package capable of enclosing a battery ([0005]). Muto teaches wherein each battery package 100 comprises a protrusion 110 with a dowel-like shape and a recess 120 with a dowel-like shape along a peripheral edge of the battery package 100, wherein the protrusion 110 has a shape that allows it to fit into the corresponding recess 120 of another battery package 100, such that the battery packages 100 can be joined side by side together ([0019]-[0021], [0034]) and ensures that the battery packages 100 are securely fixed together in a connected state ([0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery module of Huang such that the first connecting portion (specifically 1114) relative to the first body portion of the first assembling piece 111 extends away from one end of the at least two battery cells and protrudes from the first body portion in a height direction with a dowel-like shape protrusion, the second connecting portion (specifically 1114) relative to the second body portion of the second assembling piece 111 extends away from one end of the at least two battery cells and protrudes from the second body portion in a height direction with a dowel-like shape recess, such that the first connecting portion and the second connecting portion are able to be inserted into each other in order to securely fix the first assembling piece and the second assembling piece together in a connected state, as taught by Muto; and thereby facilitate the assembly of the battery module, as taught by Huang.
Regarding Claim 2, Huang in view of Muto teaches the instantly claimed battery module according to Claim 1, and Huang discloses wherein the first connection portion 1111/1112/1114 comprises two first splicing portions 1111/1112 (i.e. combination of buckle and accommodating clamping groove) disposed opposite to each other in a width direction of the first body portion, a first bulge 1111 is disposed on one of the first splicing portions 1111/1112, and a first recess 1112 is disposed on the other of the first splicing portions 1111/1112 (Modified Figs. 4-5);
the second connection portion 1111/1112/1114 comprises two second splicing portions 1111/1112 disposed opposite to each other in a width direction of the second body portion, a second bulge 1111 is disposed on one of the second splicing portions 1111/1112, and a second recess 1112 is disposed on the other of the second splicing portions 1111/1112 (Modified Figs. 4-5), and
the first bulge 1111 is able to be inserted into the second recess 1112 (Modified Figs. 4-5) (which meets the claim limitation of the first bulge is able to be inserted into the second recess or the second bulge is able to be inserted into the first recess) so that the first assembling piece 111 and the second assembling piece 111 are spliced to each other ([0035]).
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Modified Fig. 5 of Huang
Regarding Claim 3, Huang in view of Muto teaches the instantly claimed battery module according to Claim 2, and Huang discloses wherein the first bulge 1111 is a cylinder extending outward (i.e. outward facing eight shaped) from the first splicing portion 1111/1112 in the width direction of the first body portion, and the second recess 1112 is a hole that matches the first bulge 1111 (Modified Figs. 4-5, [0035]-[0036]); and
the second bulge 1111 is a cylinder extending outward (i.e. outward facing eight shaped) from the second splicing portion 1111/1112 in the width direction of the second body portion, and the first recess 1112 is a hole that matches the second bulge 1111 (Modified Figs. 4-5, [0035]-[0036]).
Regarding Claim 4, Huang in view of Muto teaches the instantly claimed battery module according to Claim 2, and Huang discloses wherein the second recess is a notch 1112 (i.e. slot) opened in a thickness direction of the second body portion and the first bulge is a clamping stud 1111 (i.e. clip) that fits with the second recess 1112 (Modified Fig. 4, [0035]-[0036]). Huang also discloses wherein the first recess is a notch 1112 opened in a thickness direction of the first body portion and the second bulge is a notch 1112 (Modified Fig. 4, [0035]-[0036]). Claim 4 puts forth the limitation that the second bulge is able to be inserted into the first recess which is not required by Claim 2, from which Claim 4 depends. And, therefore, the battery module of Huang reads on Claim 4 as written.
Regarding Claim 5, Huang in view of Muto teaches the instantly claimed battery module according to Claim 2, and Huang discloses wherein two positioning holes 113 (i.e. pole hole) spaced apart are disposed on the first body portion and the second body portion in a length direction of the first body portion and the second body portion respectively, and the two positioning holes 113 are configured to accommodate a positive electrode post (i.e. pole) and a negative electrode post (i.e. pole) of the battery cell respectively (Modified Figs. 3-4, [0034], [0038]).
Regarding Claim 6, Huang in view of Muto teaches the instantly claimed battery module according to Claim 5, and Huang discloses wherein the first connecting portion 1111/1112/1114 further comprises a first isolation portion 1114 (i.e. side support) disposed around each positioning hole 113, and the two first isolation portions 1114 are distributed diagonally with respect to the first body portion (Modified Fig. 3, [0043]);
the second connection portion 1111/1112/1114 further comprises a second isolation portion 1114 disposed around each positioning hole 113, and the two second isolation portions 1114 are distributed diagonally with respect to the second body portion (Modified Fig. 3, [0043]); and
where the first assembling piece 111 and the second assembling piece 111 are disposed alongside one another, a first spacing and a second spacing are formed between the first splicing portion 1111/1112 and the two first isolation portions 1114 respectively, a third spacing and a fourth spacing are formed between the second splicing portion 1111/1112 and the two second isolation portions 1114 respectively, and the first spacing, the second spacing, the third spacing, and the fourth spacing form a communication channel between each other (Fig. 1, see Huang [0038] wherein the spacing allows for the cells to be electrically connected to one another via connecting pieces within the channel. The skilled artisan would recognize that if the cells are able to be electrically connected to one another via the channel, they would be able to communicate with one another via the channel).
The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
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Fig. 1 of Huang
Regarding Claim 7, Huang in view of Muto teaches the instantly claimed battery module according to Claim 6, and Huang discloses wherein the first bulge 1111 is disposed on one side of the first isolation portion 1114, the side being located in the width direction of the first body portion; and the first recess 1112 is disposed on the other side located in the width direction of the first body portion (Modified Fig. 4); and
the second bulge 1111 is disposed on one side of the second isolation portion 1114, the side being located in the width direction of the second body portion; and the second recess 1112 is disposed on the other side located in the width direction of the second body portion (Modified Fig. 4).
Regarding Claim 8, Huang in view of Muto teaches the instantly claimed battery module according to Claim 6, and Huang discloses wherein the first connecting portion 1111/1112/1114 further comprises a first blocking portion disposed between the first isolation portion 1114 and one of the first splicing portions 1111/1112 (Figs. 4-5, [0036]);
the second connecting portion 1111/1112/1114 further comprises a second blocking portion disposed between the second isolation portion 1114 and one of the second splicing portions 1111/1112 (Figs. 4-5, [0036]); and
the first blocking portion is flush with the second blocking portion (Figs. 4-5, see Huang [0033] wherein the brackets are snap-fitted to connect to each other).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Huang CN208570713 in view of Muto JP 2010232102A, as applied to Claim 1, and further in view of Zhao CN104752649 (machine translation provided in a previous Office Action).
Regarding Claim 9, Huang in view of Muto teaches the instantly claimed battery module according to Claim 1.
While Huang discloses wherein the first assembling piece 111 and the second assembling piece 111 are configured to individually overlay battery cells 12 of the battery module, Huang in view of Muto fails to disclose wherein the first assembling piece or the second assembling piece is configured to overlay at least two battery cells of the battery module.
However, Zhao discloses a battery module 1000 ([0066]), wherein the battery module 1000 comprises: a frame 100 (i.e. housing assembly), containing an accommodating cavity (i.e. battery cavity) ([0069]); at least two battery cells 101 ([0072]), accommodated in the accommodating cavity ([0072]); a partition [plate] (i.e. the combination of the plurality of partitions 10) ([0069]), wherein the partition plate comprises a first assembling piece 10 (i.e. the combination of 3 individual partitions 10 as shown in Modified Fig. 4 below) and a second assembling piece 10 that overlay the battery cells respectively (Fig. 1 and Modified Fig. 4); and an electrode connecting plate (i.e. at least one of the left wall or the right wall), disposed on the partition plate, wherein the at least two battery cells 101 are electrically connected through the electrode connecting plate ([0115]), wherein the partition plate is applied to the battery module 1000 ([0066]), and the partition plate comprises:
a first assembling piece 10, configured to overlay one battery cell 101 of the battery module 1000 ([0071]), wherein the first assembling piece 10 comprises a first body portion 11 ([0069]) and a first connecting portion 61/62 (i.e. slot and snap fit tongue) disposed around the first body portion (Fig. 4, [0094]); and a second assembling piece 10, disposed alongside the first assembling piece 10 (Fig. 4, [0094]), and configured to overlay another battery cell 101 of the battery module 1000, wherein the second assembling piece 10, comprises a second body portion 11 ([0069]) and a second connecting portion 61/62 disposed around the second body portion 11 (Modified Fig. 4, [0094]), wherein the first assembling piece 10 and the second assembling piece 10 are spliced to each other through coordination between the first connecting portion 61/62 and the second connecting portion 61/62 (Fig. 1 and Modified Fig. 4, [0094]).
Zhao teaches wherein the first assembling piece 10 and the second assembling piece 10 are configured to overlay at least two battery cells of the battery module (Modified Fig. 4) such that the assembling pieces can form a battery accommodating cavity for receiving the battery cells that is easy to manufacture ([0069]-[0070]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery module of Huang in view of Muto such that the first assembling piece and the second assembling piece are configured to overlay at least two battery cells of the battery module such that the battery accommodating cavity for receiving the battery cells is easy to manufacture, as taught by Zhao.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Huang CN208570713 in view of Muto JP 2010232102A and Zhao CN104752649.
Regarding Claim 11, Huang discloses a battery module 1 (i.e. square cell battery module) ([0007], [0033]) comprising:
a frame 5 (i.e. box body) ([0007]-[0008], [0044]), containing an accommodating cavity 114 (i.e. receiving cavity) ([0008], [0034]);
at least two battery cells 12 (i.e. a plurality of battery cells) ([0036]), accommodated in the accommodation cavity 114 ([0034], [0036]);
a partition plate 11 (i.e. combination of a plurality of brackets) ([0034]), wherein the partition plate 11 comprises: a first assembling piece 111 (i.e. upper bracket) and a second assembling piece 111, configured to overlay at least two battery cells 12 of the battery module 1 respectively ([0034] – wherein each battery cell 12 has an upper bracket 111); and
an electrode connecting plate 2 (i.e. connecting piece), disposed on the partition plate 11, wherein the at least two battery cells 12 are electrically connected through the electrode connecting plate 2 ([0038]), wherein
the first assembling piece 111 is configured to overlay one battery cell 12 of the at least two battery cells 12 (Modified Figs. 3-4, [0035]), wherein the first assembling piece 111 comprises a first body portion (i.e. one side surface of the upper bracket 111) and a first connecting portion 1111/1112/1114 (i.e. combination of buckle, accommodating clamping groove, and side support) disposed around the first body portion (Modified Figs. 3-4, [0035]); and
the second assembling piece 111 is disposed alongside the first assembling piece 111, and configured to overlay another battery cell 12 of the at least two battery cells 12 within the battery module 1, wherein the second assembling piece 111 comprises a second body portion and a second connecting portion 1111/1112/1114 disposed around the second body portion, wherein
the first assembling piece 111 and the second assembling piece 111 are spliced (i.e. connected) to each other through coordination between the first connecting portion 1111/1112/1114 and the second connection portion 1111/1112/1114 (Modified Fig. 4, [0035]).
While Huang discloses wherein along a height direction of the first body portion of the first assembling piece 111 (in the direction from 112 to 111), both the first connecting portion 1111/1112/1114 and the second connecting portion 1111/1112/1114 extend away from one end of the at least two battery cells 12 (see Modified Fig. 3 wherein side supports 1114 disposed at the four corners of the upper bracket 111 extend away from battery cell 12 in order to provide support for insulating cover plate 4) ([0043]) and that the plurality of lower brackets 112 are snap-fitted and spliced together by means of the second clips 1121 and the second slots 1122, Huang fails to explicitly disclose wherein the first connecting portion and the second connecting portion are inserted into each other.
However, Huang teaches that splicing is a beneficial method for structurally combining brackets, including upper bracket 111, to accommodate for a plurality of battery cells and facilitate the assembly of the battery module ([0036]).
Further, Muto discloses a battery package capable of enclosing a battery ([0005]). Muto teaches wherein each battery package 100 comprises a protrusion 110 with a dowel-like shape and a recess 120 with a dowel-like shape along a peripheral edge of the battery package 100, wherein the protrusion 110 has a shape that allows it to fit into the corresponding recess 120 of another battery package 100, such that the battery packages 100 can be joined side by side together ([0019]-[0021], [0034]) and ensures that the battery packages 100 are securely fixed together in a connected state ([0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery module of Huang such that the first connecting portion (specifically 1114) relative to the first body portion of the first assembling piece 111 extends away from one end of the at least two battery cells and protrudes from the first body portion in a height direction with a dowel-like shape protrusion, the second connecting portion (specifically 1114) relative to the second body portion of the second assembling piece 111 extends away from one end of the at least two battery cells and protrudes from the second body portion in a height direction with a dowel-like shape recess, such that the first connecting portion and the second connecting portion are able to be inserted into each other in order to securely fix the first assembling piece and the second assembling piece together in a connected state, as taught by Muto; and thereby facilitate the assembly of the battery module, as taught by Huang.
Huang in view of Muto fails to explicitly disclose a device that uses that claimed battery module.
However, Zhao discloses a battery module 1000 ([0066]), wherein the battery module 1000 comprises: a frame 100 (i.e. housing assembly), containing an accommodating cavity (i.e. battery cavity) ([0069]); at least two battery cells 101 ([0072]), accommodated in the accommodating cavity ([0072]); a partition [plate] (i.e. the combination of the plurality of partitions 10) ([0069]), wherein the partition plate comprises a first assembling piece 10 (i.e. the combination of 3 individual partitions 10 as shown in Modified Fig. 4 below) and a second assembling piece 10 that overlay the battery cells respectively (Fig. 1 and Modified Fig. 4); and an electrode connecting plate (i.e. at least one of the left wall or the right wall), disposed on the partition plate, wherein the at least two battery cells 101 are electrically connected through the electrode connecting plate ([0115]), wherein the partition plate is applied to the battery module 1000 ([0066]), and the partition plate comprises:
a first assembling piece 10, configured to overlay one battery cell 101 of the battery module 1000 ([0071]), wherein the first assembling piece 10 comprises a first body portion 11 ([0069]) and a first connecting portion 61/62 (i.e. slot and snap fit tongue) disposed around the first body portion (Fig. 4, [0094]); and a second assembling piece 10, disposed alongside the first assembling piece 10 (Fig. 4, [0094]), and configured to overlay another battery cell 101 of the battery module 1000, wherein the second assembling piece 10, comprises a second body portion 11 ([0069]) and a second connecting portion 61/62 disposed around the second body portion 11 (Modified Fig. 4, [0094]), wherein the first assembling piece 10 and the second assembling piece 10 are spliced to each other through coordination between the first connecting portion 61/62 and the second connecting portion 61/62 (Fig. 1 and Modified Fig. 4, [0094]).
Zhao teaches the use of the battery module as a power source for an electric vehicle in order to improve the overall performance of the electric vehicle ([0066]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to use the battery module of Huang in view of Muto within an electric vehicle as a power source for the electric vehicle (device) in order to improve the overall performance of the electric vehicle, as taught by Zhao.
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 extension fee 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 date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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