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 .
Response to Amendment
This is a final office action in response to Applicant’s remarks and amendments filed on 02/27/2026.
Claims 16, 24, and 34 are currently amended. Claim 36 is new. Claims 16-29 and 31-36 are presented for examination.
Applicant’s amendments to claims 24 and 34 have overcome the 35 U.S.C. § 112 rejections set forth in the non-final rejection mailed 12/03/2025.
The 35 U.S.C. § 102 and 35 U.S.C. § 103 rejections of claims 16-29 and 31-34 are maintained.
The 35 U.S.C. § 102 rejection of claim 35 is withdrawn. New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
Applicant argues (p. 9-10) that the claim 16 limitations “in an installed position of the energy storage device in the motor vehicle: long axes of the round cells run parallel to a vehicle transverse axis of the motor vehicle; the round cells are arranged in multiple layers within a storage housing in a direction of a vehicle vertical axis of the motor vehicle; and a number of the layers varies in a direction of a vehicle longitudinal axis of the motor vehicle” are not functional because the claimed features define what the energy storage is by specifying its structure, specifically the geometrical arrangement of the round cells. Even if the limitations are functional, the limitations should be given patentable weight because they satisfy the three factors set forth in MPEP § 2173.05(g).
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the motor vehicle”) are not recited in claim 16. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). As the motor vehicle is not positively recited in claim 16, the limitations define a particular capability of the energy storage device, namely its ability to be oriented in a motor vehicle as claimed, but do not limit the structure of the energy storage device itself. The structure of Favaretto is capable of being arranged in such a manner and therefore is considered to meet the claimed limitations.
Claim Rejections - 35 USC § 102
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 16-17, 19, 21, 25-27, and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Favaretto (US 2018/0006282 A1).
Regarding claim 16, Favaretto discloses an energy storage device (storage system 14, Fig. 2, [0031]) for a motor vehicle ([0028]), the energy storage device (14) comprising: a plurality of round cells (19, Fig. 18, [0030]) for electrochemical storage of energy ([0029]); and a plurality of retaining frames (formed by support bodies 28 of each battery module 25 when the modules are arranged side by side, Figs. 18-20, [0032]-[0033]) for retaining the round cells (19); wherein: the round cells (19) are secured to opposing retaining frames (formed by 28) by ends of the round cells (19) (see Figs. 10-11, [0033]); cell connectors (26, Figs. 18 and 21, [0032]) are provided on the retaining frames (formed by 28); and the cell connectors (26) electrically contact the round cells (19) arranged between the retaining frames (formed by 28) from outer sides of the retaining frames (formed by 28) ([0032]).
Favaretto discloses wherein in an installed position of the energy storage device (14) in the motor vehicle: long axes of the round cells (19) run substantially parallel to a vehicle transverse axis of the motor vehicle; the round cells (19) are arranged in multiple layers within a storage housing in a direction of a vehicle vertical axis of the motor vehicle; and a number of the layers varies in a direction of a vehicle longitudinal axis of the motor vehicle; and the vehicle transverse axis is perpendicular to the vehicle longitudinal ais and to the vehicle vertical axis. (The imitations are functional because the vehicle is not positively recited and the energy storage device is capable of being installed in the claimed configuration.)
Regarding claim 17, Favaretto discloses wherein the retaining frames (formed by 28) comprise recesses (tubular seats 29, Fig. 19, [0033]) in which the ends of the round cells (19) are accommodated.
Regarding claim 19, Favaretto discloses wherein the ends of the round cells (19) are secured in the recesses (29) by way of at least one of a form-fitting connection (locking elements 30 on the support bodies 28 hold the cells 19 inside the tubular seats 29, Fig. 20, [0034]; the connections are form-fitting because the locking elements 30 interface with grooves on the ends of the cells as shown in Fig. 10).
Regarding claim 20, Favaretto discloses wherein the form-fitting connection is pressing-in (locking elements 30 press inwards on the cells [0033]).
Regarding claim 21, Favaretto discloses wherein: each retaining frame (formed by 28) is composed of multiple retaining frame elements (support body 28, Figs. 18-20, [0033]), and each retaining frame element (28) comprises at least two recesses (tubular seats 29, Fig. 19, [0033]).
Regarding claim 25, Favaretto discloses wherein at least one of the retaining frames (formed by 28) or the retaining frame elements (28) are produced from an electrically insulating material (plastic [0056]).
Regarding claim 26, Favaretto discloses wherein the cell connectors (26) of a retaining frame (formed by 28) are covered from an outer side with an insulation layer (covered with lid 32 which is plastic and therefore insulating, Fig. 17, [0036] and [0056]).
Regarding claim 27, Favaretto discloses wherein the insulation layer is an insulation plate (lid 32, Fig. 17, [0036] and [0056]).
Regarding claim 36, Favaretto discloses wherein in the installed position of the energy storage device (14) in the motor vehicle, the round cells (19) are spaced further apart along the vehicle longitudinal direction in a first section than in a second section. (The imitations are functional because the vehicle is not positively recited and the energy storage device is capable of being installed in the claimed configuration.)
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 17 above, and further in view of in view of Hermann (US 2012/0037310 A1; previously cited).
Regarding claim 18, Favaretto does not disclose wherein the retaining frames (28) further comprise adhesive channels through which, in an assembled state of the round cells (19), adhesive is introducible introduced into the recesses (29) in order to secure the round cells (19).
Hermann teaches an energy storage device for a motor vehicle (battery module used in electric vehicle, [0010]), the energy storage device comprising: a plurality of cells for electrochemical storage of energy (battery cells 210, FIG. 2, [0033]); and a plurality of retaining frames (fixture 205, FIG. 2, [0033]) for retaining the cells (210); wherein the retaining frames (205) comprise recesses (bonding well 215, FIG. 2, [0033]) in which the cells (210) are accommodated; wherein the retaining frames (205) further comprise adhesive channels (230, FIG. 2, [0035]) through which, in an assembled state of the cells (210), adhesive is introducible introduced into the recesses (215) in order to secure the cells (210).
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 16 above, and further in view of Chan (US 2012/0219846 A1; previously cited).
Regarding claim 22, Favaretto does not disclose wherein immediately adjacent retaining frame elements (28) are connected to one another via a form-fitting connection.
Chan teaches an energy storage device (battery cell modules [0033] connected to one another as depicted in Figs. 10-13, [0041]), the energy storage device comprising: a plurality of round cells for electrochemical storage of energy (8, Fig. 1, [0035]); and a plurality of retaining frames (formed by support members 1 and 1’, see Fig. 1, connected to one another as depicted in Figs 10-13) for retaining the round cells (8); wherein: the round cells (8) are secured to opposing retaining frames (formed by support members 1 and 1’) by ends of the round cells (8) (Fig. 1); wherein: each retaining frame (formed by support members 1 and 1’) is composed of multiple retaining frame elements (1 and 1’, Fig. 1, [0035]); wherein immediately adjacent retaining frame elements (1 and 1’) are connected to one another via a form-fitting connection (hooks 6 and slots 7, Figs. 4 and 5, [0041]).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the energy storage device of Favaretto by adding a form-fitting connection to connect adjacent retaining frame elements because Chan teaches that such connections make it easier to disconnect the frame elements to service battery cells ([0040],[0036]).
Regarding claim 23, Favaretto in view of Chan teaches wherein the form-fitting connection is a latching connection (Chan: hooks 6 and slots 7, Figs. 4 and 5, [0041]).
Regarding claim 24, Favaretto discloses wherein each retaining frame is formed from a plurality of retaining frame elements (28) and the retaining frame elements (28) differ in terms of a number of recesses (29) to better use an installation space (the modules 25 have different numbers of batteries from one another, [0031], and therefore the retaining frame elements 28 of the different modules must have different numbers of recesses 29).
Favaretto does not disclose wherein the retaining frame elements (28) are secured to one another.
Chan teaches an energy storage device (battery cell modules [0033] connected to one another as depicted in Figs. 10-13, [0041]) for a motor vehicle ([0048]), the energy storage device comprising: a plurality of round cells for electrochemical storage of energy (8, Fig. 1, [0035]); and a plurality of retaining frames (formed by support members 1 and 1’, see Fig. 1, connected to one another as depicted in Figs 10-13) for retaining the round cells (8); wherein: the round cells (8) are secured to opposing retaining frames (formed by support members 1 and 1’) by ends of the round cells (8) (Fig. 1); wherein the retaining frame (formed by support members 1 and 1’) is formed from a plurality of retaining frame elements (1 and 1’, Fig. 1, [0035]) that are secured to one another (via hooks 6 and slots 7, Figs. 4 and 5, [0041]).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the energy storage device of Favaretto such to secure the retaining frame elements to one another because Chan teaches that doing so enables the formation of a modular structure ([0013]).
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 16 above, and further in view of Kohn (US 2008/0311468 A1; previously cited).
Regarding claim 28, Favaretto discloses wherein: the round cells (19) are arranged in layers (Fig. 18).
Favaretto does not disclose wherein cooling elements for cooling the round cells are provided between at least two of the layers; and the cooling elements are of at least partly undulating design.
Kohn teaches an energy storage device (battery system 22, Fig. 1, [0038]) for a motor vehicle ([0004]), the energy storage device comprising (22): a plurality of round cells for electrochemical storage of energy (lithium ion cells 26, Fig. 3b, [0039]); wherein the round cells (26) are arranged in layers (Fig. 10); cooling elements (tubes 30, Fig. 3b, [0042]) for cooling the round cells (26) are provided between at least two of the layers (Fig. 3b); and the cooling elements (30) are of at least partly undulating design (Fig. 8).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the energy storage system of Favaretto to add cooling elements for cooling the round cells between at least two of the layers, wherein the cooling elements are of at least partly undulating design, because Kohn teaches that doing so may allow for configurations with high energy storage density, a higher degree of safety, and the means to maintain the temperature of the cells at moderate levels ([0048]).
Regarding claim 29, Favaretto in view of Kohn does not disclose wherein at least one of: an intermediate space between the round cells and the cooling elements is filled at least partly with a thermally conductive material; or at least one of a top side formed by the plurality of round cells, a bottom side formed by the plurality of round cells, or intermediate spaces between the round cells are provided with a flame-retardant medium.
However, Kohn teaches the invention as discussed in claim 28 and further teaches wherein an intermediate space between the round cells (26) and the cooling elements (30) is filled at least partly with a thermally conductive material (thermal pad 38, Fig. 8, [0048]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified the energy storage device of Favaretto in view of Kohn to add a thermally conductive material to fill an intermediate space between the round cells and the cooling elements because Kohn teaches that doing so decreases thermal resistance between the round cells and the cooling elements ([0048]).
Claims 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 16 above, and further in view of Maske (WO 2013/119422 A1; previously cited).
Regarding claims 31-33, Favaretto does not disclose wherein a length-to-diameter ratio of the round cells (19) has a value between 5 and 30 (claim 31), a value between 7 and 15 (claim 32), or a value between 9 and 11 (claim 33).
Maske teaches round cells for electrochemical storage of energy (Fig. 1a, p.1 ll. 1-2), wherein a length-to-diameter ratio of the round cells has a value between 5 and 30, between 7 and 15, and between 9 and 11 (overlapping range of 2:1 and 20:1, p. 1 ll. 11-12). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the energy storage device of Favaretto to use round cells having a length-to-diameter ratio of between 5 and 30, between 7 and 15, and between 9 and 11 because Maske teaches that such round cells are suitable for energy storage devices used for vehicles (p. 1 ll. 19-20).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 16 above, and further in view of Kimura (US 2016/0285142 A1; previously cited).
Regarding claim 34, Favaretto does not disclose wherein in the installed position of the energy storage device in the motor vehicle, fewer layers are arranged in at least one of foot regions of the storage housing, the foot regions adjoining a front or rear footwell of the motor vehicle, than in a seat region of the storage housing, the seat region adjoining at least one of front seats or rear seats of the motor vehicle.
Kimura teaches an energy storage device (battery pack 10, FIG. 1, [0029]) for a motor vehicle, the energy storage device (10) comprising: a plurality of round cells for electrochemical storage of energy (cylindrical batteries 21, FIG. 4, [0032]), the round cells (21) are arranged in multiple layers (each module 20, FIGS. 2 and 4 [0030]), corresponds to a layer) within a storage housing (casing 11, FIGS. 1 and 2, [0029]), and fewer layers (20) are arranged in at least one of foot regions of the storage housing (11), the foot regions adjoining a front or rear footwell, than in a seat region of the storage housing (11), the seat region adjoining at least one of the front seats or the rear seats (see FIG. 1, limitations directed toward the motor vehicle are not given patentable weight).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified the energy storage device of Favaretto such that fewer layers are arranged in at least one of foot regions of the storage housing, the foot regions adjoining a front or rear footwell, than in a seat region of the storage housing, the seat region adjoining at least one of the front seats or the rear seats, because Kimura teaches that such a configuration is known in the art (FIG. 1, [0029]).
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Favaretto (US 2018/0006282 A1), as applied to claim 16 above, in view of Preiss (DE102011001371 A1, cited in the IDS filed 11/03/2021; a machine translation is attached and referenced below).
Regarding claim 35, Favaretto discloses a motor vehicle (1, Figs. 2-3, [0028]) comprising the energy storage device (14) according to claim 16.
Favaretto further discloses wherein in an installed position of the energy storage device (14) in the motor vehicle (1): the round cells (19) are arranged in multiple layers within a storage housing (18, Fig. 4, [0028]) in a direction of a vehicle vertical axis (axis perpendicular to paper in Fig. 4) of the motor vehicle (1) (Fig. 5 shows that the battery modules 25 include cells 19 arranged in multiple layers in a vertical direction; the number of layers varies in a vertical direction of the motor vehicle since the modules are arranged side by side in the motor vehicle, [0031]); and a number of the layers varies in a direction of a vehicle longitudinal axis of the motor vehicle (1) (Fig. 5 shows that the battery modules 25 include cells 19 arranged in two or three layers in a horizontal direction; the number of layers therefore varies in a direction of the longitudinal axis of the motor vehicle since the modules are arranged side by side in the motor vehicle, [0031]).
Favaretto teaches that the energy storage device may be rearranged easily to adapt to different vehicle shapes ([0055]), but does not disclose wherein, in an installed position of the energy storage device in the motor vehicle, long axes of the round cells run parallel to a vehicle transverse axis of the motor vehicle; and the vehicle transverse axis is perpendicular to the vehicle longitudinal axis and to the vehicle vertical axis.
Preiss teaches a motor vehicle (40, Fig. 3, [0033]) comprising an energy storage device (battery 1, Fig. 3, [0024]), the energy storage device (1) comprising a plurality of round cells (8/9/10, Figs. 1-2, [0025]); wherein in an installed position of the energy storage device (1) in the motor vehicle (40), long axes of the round cells (8/9/10) run parallel to a vehicle transverse axis of the motor vehicle (40) ([0011]); and the vehicle transverse axis is perpendicular to the vehicle longitudinal axis (left to right in Fig. 3) and to the vehicle vertical axis (top to bottom in Fig. 3). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified the motor vehicle of Favaretto by rearranging the energy storage device such that in an installed position of the energy storage device in the motor vehicle, long axes of the round cells run parallel to a vehicle transverse axis of the motor vehicle; and the vehicle transverse axis is perpendicular to the vehicle longitudinal axis and to the vehicle vertical axis, because Preiss teaches an operable motor vehicle having this configuration ([0011]) and the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. ([MPEP § 2143a]).
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 CHRISTINE C. DISNEY whose telephone number is (703)756-1076. The examiner can normally be reached M-F 8:30-5:30 MT.
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/C.C.D./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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