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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 9, 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omura et al. (US2013/0108908 A1), in view of Kim et al. (US2012/0171554A1), and in further view of Jeon et al. (US2007/0133151A1)
As to claim 1, Omura discloses a power supply device comprising (Power supply apparatus, [0013]):
a battery block including a plurality of battery cells stacked in a thickness (A plurality of battery cells each having a flat rectangular parallelepiped outer can, the battery cells provided so that wide surfaces of the outer cans are opposed to each other [0013] figure 1)
with a separator interposed between corresponding battery cells among the plurality of battery cells (A separator provided between the battery cells, [0013]);
a pair of end plates disposed on respective end faces of the battery block (End plates 5 provided at both ends of the battery block 4, [0048] figure 1);
and a binding bar coupled to the pair of end plates to fix the battery block in a compressed state together with the end plates (Binding bars 6 each being fixed to the end plates 5 as a fastener for fastening the battery block 4 in a direction of the lamination under application of pressure, [0048]),
wherein the separator comprises (Separators 3 having an insulating property, [0048]):
a heat insulating layer (The separator 3 has an insulating portion 31 for insulating the adjacent rectangular battery cells [0056]);
an elastic layer (The pressing portion 32 is also formed on the surface opposed to the rectangular battery cell [0057]) that absorbs expansion of each of the corresponding battery cells (FIGS. 10 to 13 illustrate a shape of the pressing portion 32 for more efficiently pressing the wide surface 24 of the outer can 22 [0062]), and contact area of pressing portion (32) changes depending on a gradient of inclined plane (33) in response to a change in fastening force [0062] providing elasticity.;
Omura discloses a power supply device but does not explicitly teach, “a stopper that limits a compression thickness of the elastic layers, the stopper including a higher rigidity than a rigidity of the elastic layers, and wherein the stopper passes through the elastic layer”
In the same field of endeavor Kim discloses a battery module [Abstract] and further teaches, a stopper (Protrusion (152) [0070]) that limits a compression thickness of the elastic layers (control swelling [0082]), and further teaches, at least part of the protrusion 152 includes an elastomer. [0078]…The elastomer forming at least part of the protrusion 152 may have a hardness of 30 Hs to 100 Hs. When the hardness of the elastomer is less than 30 Hs, the elastomer has inferior durability, so that the elastomer part of the protrusion 152 may be easily worn out or damaged. When the hardness of the elastomer is more than 100 Hs, the protrusion 152 has an inflexible structure, such that anti-vibration is not sufficiently effective and the tubing of the battery cells 10 may be damaged by external force or vibrations to cause a short circuit. [0089].
Therefore it would have been obvious to one of ordinary skill in the art to add the protrusion (152) of Kim to the separator (insulation portion (31) and pressing portion (32)), of Omura to limit the compression of the elastic layer.
Applying the protrusion (152) of Kim would provide the claimed stopper passing through the heat insulating layer (31) and the elastic layer (32) of Omura. It would be obvious to optimize the rigidity to the stopper (152) as claimed, providing a higher rigidity than the elastic layers, to prevent damage to the elastic layers (pressing portion 32) of Omura. It is noted where the general conditions of a claim are disclosed in the prior art, the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
and the elastic layer is extended continuously along the heat insulating layer. (as shown in figure 7 the elastic layer (32) extends along the insulating layer (31) without breaks or separation therefore continuously).
Omura does not explicitly disclose the stopper is extended continuously along a width of the heat insulating layer, however in the same field of endeavor Jeon discloses a battery module having a plurality of batteries [0002] and teaches fixing members (25) width is contracted the force exerted on the end plates may be directed towards the partition walls (12) (or in the combination with Omura directed to the insulating layer (31)) thereby providing a stopping function or stopper, and as shown in figure 5 fixing members (25) are continuous along a width of the heat insulating layer as claimed.
Jeon further teaches the force exerted on fixing member (25) may be redirected and uniformly applied to the unit batteries, thereby minimizing active material shift and improving charging/discharging efficiency [0044].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Omura with the fixing member as taught by Jeon to improve battery cycling characteristics.
and the stopper (Fixing member (25) of Jeon) has an integral structure with the heat insulating layer (Portioning wall (12) maybe be smaller than the size of battery (11) [Jeon, 0034]… the fixing members 25 may be attached in parallel to the partitioning walls 12, such that each partitioning wall 12 may be positioned between two fixing members 25. [0041]…Fixing member (25) may be installed (e.g. adhesive) to support the partitioning walls [0041]. In the combination Jeon’s fixing member (25) attached to the battery cell (11) (fig. 6) where wall (12) smaller than the battery cell, and corresponding to Omura’s insulation plate (31) being the same size of the battery cell (figs. 7, side view, and 8, top view) would adhere the fixing member (25) to the insulation plate (31), as (31) covers the entire cell, and consequently provide an integral structure. It is noted "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." MPEP 2144.04
As to claim 2, the rejection of claim 1 is incorporated, modified Omura discloses the elastic layer (pressing portion (32)) is layered on the heat insulating layer (insulation portion (31)) See figure 7.
As to claim 9, the rejection of claim 1 is incorporated, modified Omura discloses the stopper (protrusion (152)) passes through barrier (150a) or the heat insulating layer (31) and the elastic layer (32).
As to claim 11, the rejection of claim 1 is incorporated, modified Omura the separator (barrier 150a) includes a plurality of stoppers (protrusions (152)) each being the stopper (control swelling [Kim, 0082]). As shown in the incorporation of (protrusions (152) ) of figure 3B of Kim, a plurality of stoppers across the separator or barrier 150a of Kim.
As to claim 14, the rejection of claim 1 is incorporated, modified Omura discloses, the elastic layer has substantially the same length as the width of the heat insulating layer. (As shown in figure 7 the elastic layer (32) has substantially the same length as the heat insulating layer (31). Where length (32) overlaps the length of the majority of (31) or substantially the same length. Similarly as shown in figure 8, a top view looking down on terminals (21), the elastic layer (32) has substantially the same width as the heat insulating layer (31). Where width (32) overlaps the width of the majority of (31) or substantially the same length
As to claim 15, the rejection of claim 1 is incorporated, modified Omura discloses, stopper (Kim, protrusion (152)) is positioned in the middle of the heat insulating layer (Omura (31)) in a transverse direction (Kim, figure 3A),
and the elastic layer (Omura, (33) figure 13) comprises at least two separate elastic layers (Omura, (33c), (33d) figure 13), one of the at least two separate elastic layers being positioned an upper side of the heat insulating layer (Omura, (33c) figure 13), and the other of the at least two separate elastic layers being positioned a lower side (Omura, (33d) figure 13) of the heat insulating layer.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omura et al. (US2013/0108908 A1), in view of Kim et al. (US2012/0171554A1), and as evidence by Falcon Aerospace retrieved from https://www.falconaerospace.com/scleroscope-hardness-test/#:~:text=A%20method%20for%20measuring%20the,high%2Dcarbon%20steel%20as%20100. Retrieved on March 26, 2025, and as evidenced by The Efficient Engineer retrieved from on September 18, 2024, from https://efficientengineer.com/youngs-modulus/#:~:text=Metals%20and%20ceramic%20materials%20tend,is%20equal%20to%20Young's%20modulus.
As to claim 10, the rejection of claim 9 is incorporated, modified Omura discloses the stopper (protrusion 152) and includes a material including a Young's modulus higher than a Young's modulus of the heat insulating layer and a Young's modulus elastic layer. (The elastomer forming at least part of the protrusion 152 may have a hardness of 30 Hs to 100 Hs [0089]), and as evidenced by Falcon Aerospace a Scleroscope hardness of a 100 corresponds to high carbon steel, providing a metallic protrusion 152, and the heat insulating material (insulator portion (31) of Omura) a resin [0068], and the elastic layer (pressing portion (32) of Omura) a resin [0068], it is known metallic materials have a higher Youngs Modulus than polymers. Where Metals and ceramic materials tend to have high Young’s modulus values, whereas polymers have much lower values (they deform more for the same applied load) as evidenced by The Efficient Engineer.
Claim(s) 3, 4, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omura et al. (US2013/0108908 A1), in view of Kim et al. (US2012/0171554A1), as applied to claim 1 above, and in further view of Sakaguchi et al.(JP2018204708A).
As to claim 3, the rejection of claim 1 is incorporated, Omura discloses a power supply device but does explicitly teach the heat insulating layer includes a hybrid material of an inorganic powder and a fibrous reinforcing material.
In the same field of endeavor Sakaguchi discloses a battery unit [Abstract] and further teaches, a heat insulation material includes a composite layer containing a fiber sheet and silica aerogel. In the heat insulation material [Abstract]… a silica airgel 106 having a nano-sized porous structure [0017] Where silica aerogel provides inorganic powder, as disclosed by paragraph [0019] of the instant specification.
The motivation for using a fiber sheet and silica aerogel composite as the insulation material is to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells [0004, 0006, 0011].
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AlA applications) or effectively filed (as applicable to AIA applications) to use a fiber sheet and silica aerogel composite (as taught by Sakaguchi) as the insulation material (applied to Omura‘s insulating portion (31)) to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells. Where silica aerogel provides inorganic powder, as disclosed, para [0019], of the instant specification..
As to claim 4, the rejection of claim 3 is incorporated, Omura is silent on the inorganic powder is silica aerogel. Sakaguchi discloses a battery unit [Abstract] and further teaches, a heat insulation material includes a composite layer containing a fiber sheet and silica aerogel. In the heat insulation material [Abstract]. The motivation for using a fiber sheet and silica aerogel composite as the insulation material is to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells [0004, 0006, 0011].
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AlA applications) or effectively filed (as applicable to AIA applications) to use a fiber sheet and silica aerogel composite (as taught by Sakaguchi) as the insulation material (applied to Omura’s insulating portion (31)) to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells.
As to claim 7,the rejection of claim 1 is incorporated, modified Omura discloses the stopper ((Protrusion (152) [Kim,0070]) and an insulating process may be applied to at least one of the battery cells 10 and the protrusion 152 to prevent or substantially prevent a short circuit from occurring therebetween. In one embodiment, the insulating process may be achieved by providing tubing on a surface of the battery cells 10 using a nonconductive material or an insulating film.[Kim, 0083]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Omura with the insulating film of Kim to prevent short-circuiting of the battery.
Omura, does not explicitly teach includes a hybrid material of an inorganic powder and an fibrous reinforcing material,
In the combination of Omura with Kim teaches insulation film applied to the protrusion (152) and with the modification of Sakaguchi for a heat insulation material,
a heat insulation material includes a composite layer containing a fiber sheet and silica aerogel. In the heat insulation material [Sakaguchi, Abstract]… a silica airgel 106 having a nano-sized porous structure [Sakaguchi, 0017] Where silica aerogel provides inorganic powder, as disclosed, para [0019], of the instant specification..
The motivation for using a fiber sheet and silica aerogel composite as the insulation material is to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells [Sakaguchi, 0004, 0006, 0011].
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AlA applications) or effectively filed (as applicable to AIA applications) to use a fiber sheet and silica aerogel composite (as taught by Sakaguchi et al.) as the insulation material (applied to Omura’s protrusion (152) to provide high heat insulation (via the silica aerogel) while absorbing compressive stress placed on the aerogel, which restores force to the stacked fibers, improves adhesion to the battery cells, and suppresses thermal conductivity from the batteries, thus preventing fires caused by thermal runaway between the cells.
Claim(s) 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omura et al. (US2013/0108908A1), in view of Kim et al. (US2012/0171554A1), and in further view of Kuramitsu et al. (WO 2018/061894A, with English translation US 2020/0058912).
As to claim 5, the rejection of claim 1 is incorporated, Omura does not explicitly teach the elastic layer is an elastic body.
In the same field of endeavor Kuramitsu teaches of a similar battery having a spacer (60) (similar to pressing portion (32) of Omura) in conjunction with a heat transfer suppression member (40) (similar to the insulating portion (31) of Omura), wherein the spacer (60) provides the function of providing rigidity [0187], wherein materials used for the spacer (60) include rubbers such as urethane rubber, silicon rubber, and fluorine-containing rubber [0187]. Where rubber spacer (60) would provide an elastic body.
The motivation for using rubber, such as urethane rubber, silicon rubber, and fluorine-containing rubber, as part of a spacing means (in conjunction with a heat transfer suppressing member) between two batteries is to provide rigidity and to allow for compression and elastic deformation [0187].
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AlA applications) or effectively filed (as applicable to AIA applications) to use a spacer (60) made of rubber, such as urethane rubber, silicon rubber, and fluorine-containing rubber (in conjunction with a heat transfer suppressing member) (as taught by Sakaguchi et al.) as part of the spacing means (specifically applied to Omura’s pressing material [32]) to provide rigidity and to allow for compression and elastic deformation. Whereas recited by the instant specification in paragraph [0022], “the elastic body that is made of at least one selected from synthetic rubber, thermoplastic elastomer, and foam material” meets the claimed limitation.
As to claim 6, the rejection of claim 5 is incorporated, modified Omura discloses the spacer (60) or elastic body include rubbers such as urethane rubber, silicon rubber, and fluorine-containing rubber [0187]. Whereas recited by the instant specification in paragraph [0038], “Available examples of the synthetic rubber include silicone rubber, fluororubber, urethane rubber, isoprene rubber, styrene butadiene rubber, butadiene rubber,” meets the claimed limitation.
Claim(s) 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omura et al. (US2013/0108908 A1), in view of Kim et al. (US2012/0171554A1), and in further view of Wang et al. (US2021/0351466 A1, with foreign priority of January 11, 2019).
As to claim 12, the rejection of claim 1 is incorporated, Omura discloses power supply device, power supply apparatus 1, and an electric vehicle comprising: the power supply device according to claim1: a motor for travelling that receives electric power from the power supply device; a vehicle body equipped with the power supply device and the motor (The above power supply apparatus 1 can be used as a power supply for vehicles. Vehicles on which a power supply apparatus is mounted include electric vehicles such as hybrid automobiles or plug-in hybrid automobiles run and driven only by an engine and a motor, or electric automobiles run only by a motor. The power supply apparatus 1 is used as a power supply for these vehicles, [0081]);
Omura does not explicitly teach, “a wheel that is driven by the motor to cause the vehicle body travel,”
In the same field of endeavor Wang discloses a quick-change universal power batter [Abstract] and further teaches, In some embodiments, different categories and types of battery cells are arranged in individual power batteries of the same main model for replacement. [0030]…multiple power battery packs to supply power to different drive axles or drive motors of different wheels through different power supply paths. [0318]
Therefore it would be obvious to person of ordinary skill in the art at the time of the invention to use the wheel powered by a motor of Wang because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.) and at the time of the invention electric motored powered wheels were known to be used in electric vehicles.
As to claim 13, the rejection of claim 1 is incorporated, Omura discloses a power supply device for an electric vehicle [0081] but does not explicitly teach and a power supply controller to control charging and discharging of the power supply device, wherein the power supply controller enables charging of the plurality of battery cells with electric power supplied from an outside and causes the plurality of battery cells to charge.
In the same field of endeavor Wang teaches, a power supply controller to control charging and discharging of the power supply device (A vehicle control system is configured to control power output (power supply), vehicle driving and power-battery charging, and manages the power battery in conjunction with a power battery management system. [0292]…The energy management system also has a two-way control signal flow with a power battery and a charging control unit. [0293]
wherein the power supply controller enables charging of the plurality of secondary battery cells with electric power supplied from an outside (The charging source can be a single power source, or multiple power sources (such as a power source with an external power source , [0331]) and causes the plurality of secondary battery cells to charge.( In some embodiments, the control system comprises a charging control unit; the charging control unit is configured to charge the two or more independent power battery packs using a charging control unit; [0042], [0326])
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AlA applications) or effectively filed (as applicable to AIA applications) to use a controller (as taught by Wang) as part of the power supply apparatus (specifically applied to Omura’s electric vehicle) to provide an external charging and multi-battery pack charging capability for an electric vehicle application
Response to Arguments
Applicant's arguments filed 04/03/2026, have been fully considered but they are not persuasive.
Applicant argues, page 11, applying the fixing member (25) of Jeon, made of silicon and rubber and merely extracted shape of Jeon's elastic and contractible fixing member 25 to Kim's rigid protrusion 152 to act as a stopper would fundamentally change the principle of operation of the stopper, destroying its intended purpose of limiting compression.
The office respectfully disagrees as the protrusion (152) of Kim is a elastomer may include, for example, at least one of rubber, silicon, and polystyrene [0089], (152) positioned between battery cells (Kim, fig. 2), as is fixing member (25) of Jeon (Jeon, fig.3) to provide control of swelling of the battery cell [Kim, 0009], which occurs during battery cell charging/discharging, as does Jeon with improved partitioning wall structure providing enhanced charging/discharging efficiency. [Jeon, 0010]. Therefore combining Kim with Jeon who share the same position of an element, made of the same material, for the same purpose would not destroy the intended purpose of limiting compression, as the same materials placed between cells would not react differently.
Applicant argues that the combination is the result of impermissible hindsight, regarding applying the shape of Jeon’s fixing member (25) to Kim. However Jeon teaches the force exerted on fixing member (25) may be redirected and uniformly applied to the unit batteries, thereby minimizing active material shift and improving charging/discharging efficiency [0044], and it would be obvious to apply the fixing member (25) of Jeon to Kim to improve charging/discharging efficiency. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues, page 11-12, the rigid optimization rationale of Kim is improperly applied.
The office respectfully disagrees Kim teaches the hardness should be set in the disclosed range (30-100 Hs) to provide durability and anti-vibration cited in paragraph [Kim, 0089] (see page 5 of the Non-Final action). Kim further teaches when the protrusion has an inflexible structure it may result in damage to the battery cell (10) and cause a short circuit or when the protrusion hardness is less than 30 Hs the elastomer may wear out and become damaged. [Kim, 0089]. Thus, Kim identifies the hardness as a known result effective variable, and provides reasoning for one of ordinary skill in the art to modify the hardness of the two features as discussed in the non-final rejection.
Applicant argues, page 13, there is no motivation for a person of ordinary skill in the art to combine these disparate, separate members into an integral structure of a stopper and a heat insulating layer.
The office respectfully disagrees as the separate elements configured as a single piece would be a design choice in possible efforts to improve the manufacturing process. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.") MPEP 2144.04
Conclusion
THIS ACTION IS MADE FINAL. 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.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights