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 .
Claim Status
Claims 1, 9-11, 14-16, 21 and 22 have been amended; support for the amendment can be found in [0023] and [0067] of the specification and original claims 9-11 and 14-16.
Claim 24 is newly added; support for this claim can be found in original claim 1, Fig. 4, Fig. 6-8, and [0067] of the specification.
Claims 1-16 and 19-24 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 02/20/2026 have been fully considered but they are not persuasive.
Applicant argues that none of the cited references disclose or suggest that the first and second layer are made of one selected from the claimed group (pg. 10, para. 1). This argument is not found persuasive because Eri is relied on to teach the first and second layers and to teach a polyester material ([0026]). The examiner notes that the PET resin of Eri ([0026]) is a polyester material as evidenced by Britannica (para. 1 of Britannica Editors. "polyethylene terephthalate". Encyclopedia Britannica, 15 Apr. 2026, https://www.britannica.com/science/polyethylene-terephthalate. Accessed 6 May 2026).
Applicant argues that there is no motivation or suggestion to combine Eri and Kuramitsu because doing so would impair the purpose and functionality of Kuramitsu’s heat transfer suppression member 40 (pg. 11, para. 3). This argument is not found persuasive because the combination of Kuramitsu in view of Eri substitutes the member 40 of Kuramitsu for the buffer member taught by Eri. Consequently, there is no porous material to be dropped from the softened portions as alleged by applicant.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-16 and 20, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kuramitsu (WO2018061894A1, US20200058912A1 used for translation) in view of Eri (WO 2018207607A1, previously cited, machine translation used for rejection below).
Regarding claim 1, Kuramitsu discloses an electrical storage module (Fig. 1; 1) comprising:
at least two electrical storage devices (Fig. 2; at least two of 12) comprising a first electrical storage device (Fig. 5; 12a) and a second electrical storage device (Fig. 5; 12b);
a buffer member (Fig. 5; 40) that is arranged together with the first electrical storage device (12a) and the second electrical storage device (12b) in a first direction (Fig. 5; X) and is configured to (Fig. 5) receive a load from the first electrical storage device (12a) in the first direction (X); and
a separator (Fig. 5; 14) provided between the buffer member (40) and the second electrical storage device (12b) which is adjacent to the first electrical storage device (12a), wherein:
the buffer member (40) includes at least a first layer (Fig. 5; 46) and a second layer (Fig. 5; 44) separately provided ([0061]) from the first layer (46), the first layer (46) and the second layer (44) being stacked (Fig. 5) in the first direction (X),
the separator (14) covers (Fig. 5; [0055]) a part (“[t]op surface n”; [0055]; Fig. 3; n) of an upper surface (“[t]op surface n”; [0055]; Fig. 3; n) , a part ([0055]) of a side surface ([0055]; Fig. 5) and a part ([0055]; Fig. 5) of a bottom surface ([0055]; Fig. 5) of each of the first electrical storage device (12a) and the second electrical storage device (12b),
Kuramitsu fails to disclose the first layer includes a plurality of first softened portions, each of the plurality of first softened portions being a through hole that penetrates the first layer in the first direction or a recessed part that is recessed in the first direction,
the second layer includes a plurality of second softened portions, each of the plurality of second softened portions being a through hole that penetrates the second layer in the first direction or a recessed part that is recessed in the first direction, and
at least one of the plurality of first softened portions and at least one of the plurality of second softened portions only partially overlap with each other as viewed in the first direction,
wherein the first layer and the second layer are made of one selected from the group consisting of natural rubber, synthetic rubber, urethane rubber, silicone rubber, fluororubber, polystyrene, olefin, polyester and polyamide.
Eri discloses an electrical storage module (Fig. 1; 100) comprising:
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at least two electrical storage devices (Fig. 1; at least two of 1) comprising a first electrical storage device (annotated Fig. 1; 1a) and a second electrical storage device (annotated Fig. 1; 1b);
a buffer member (“separator”; [006]; Fig. 2; 12) that is arranged together (Fig. 2) with the first electrical storage device (1a) and the second electrical storage device (1b) in a first direction (annotated Fig. 1; X) and is configured to (Fig. 1) receive a load from the first electrical storage device (1a) in the first direction (X); and
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the buffer member ([006]) includes at least a first layer (first of “a plurality of layers”; [0048]; “1L”) and a second layer (a second of “a plurality of layers”; [0048]; “2L”) separately provided ([0048-0049]) from the first layer (1L), the first layer (1L) and the second layer (2L) being stacked (example shown in Fig. 4D per [0048]–softened portions not shown) in a first direction (annotated Fig. 4D; X),
the first layer (1L) includes a plurality of first softened portions (“holes 12x” [0038] of 1L; [0048] teaches that multiple layers of the separator may comprise holes like those illustrated as 12x in Fig. 3; “1SP”), each of the plurality of first softened portions (1SP) being a through hole ([0042]) that penetrates the first layer (1L) in the first direction (X) or a recessed part (“non-through hole”; [0042]) that is recessed (“non-through hole”; [0042] example shown as 12b2 in Fig. 4B) in the first direction (X),
the second layer (2L) includes a plurality of second softened portions (“holes 12x” [0038] of 2L; [0048] teaches that multiple layers may comprise holes like those illustrated as 12x in Fig. 3), each of the plurality of second softened portions (2SP) being a through hole ([0042]) that penetrates the second layer (2L) in the first direction (X) or a recessed part (“non-through hole”; [0042]) that is recessed (“non-through hole”; [0042]; example shown as 12b1 in Fig. 4B) in the first direction (X),
at least one of the plurality of first softened portions (1SP) and at least one of the plurality of second softened portions (2SP) only partially overlap ([0039] teaches any pattern of the holes, including random patterns may be formed in the layer; [0042] teaches the holes may have different shapes and that plural shapes may be combined) with each other as viewed in the first direction (X), and
polyester (“PET resin”; [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have substituted Kuramitsu’s buffer member for a buffer member having a first layer and a second layer each having softened portions with different shapes and/or patterns because Eri teaches that multiple layers ([0048], [0049]) may be combined to form a buffer member, and that different shapes and patterns ([0042]) may be used in each layer to improve the workability of the buffer member and impart different properties and functions to the buffer member ([0048]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art.
Note that it is the examiner’s position that the modification above would result in at least one of the plurality of first softened portions and at least one of the plurality of second softened portions only partially overlapping with each other as viewed in the first direction, because softened portions in each layer having different shapes, different patterns and/or random patterns would only partially overlap in the first direction.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by making the first layer and the second layer out of PET, a polyester material, in order to secure an insulating property as taught by Eri (“insulating material”; [0026]).
Regarding claim 2, Kuramitsu in view of Eri discloses wherein the first layer (1L) includes a first remaining part (part of 1L excluding 1SP; example shown in Eri annotated Fig. 3; 1RP) that is a part (part of 1L excluding 1SP; example shown in Eri annotated Fig. 3; 1RP) excluding the plurality of first softened portions (1SP),
the second layer (2L) includes a second remaining part (part of 2L excluding 2SP; Eri annotated Fig. 3; 2RP) that is a part (part of 2L excluding 2SP; example shown in Eri annotated Fig. 3; 2RP) excluding the plurality of second softened portions (2SP), and
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the buffer member (1LP, 2LP) includes a stacked part (example shown in Eri annotated Fig. 3; SP; portion of 1L and 2L where 1RP and 2RP overlap) in which the first remaining part (1RP) and the second remaining part (2RP) overlap with each other ([0039] teaches any pattern of the holes, including random patterns may be formed in the layer; [0042] teaches the holes may have any shape).
Note that it is the examiner’s position that the modification of Kuramitsu in view of Eri would result in a stacked part in which the first remaining part and the second remaining part overlap with each other, because softened portions in each layer having different shapes, different patterns and/or random patterns would result in the remaining portions having different shapes, different patterns and/or random patterns that would at least partially overlap with each other.
Regarding claim 3, Kuramitsu in view of Eri does not disclose wherein as viewed in the first direction, a ratio of an area of the stacked part to a unit area of the buffer member is smaller on a center part side of the buffer member than on an outer edge part side of the buffer member.
Eri discloses wherein as viewed in the first direction (X), a ratio (area of SP: total area of buffer member) of an area of a stacked part (Fig. 3; portion of 12 excluding 12x) to a unit area (Fig. 3; total area of 12) of a buffer member (12) is smaller (“it may be provided so as to increase the density of the holes in the central portion of the separator”; [0041]) on a center part side (“central portion”; [0041]; annotated Fig. 3; CPS) of the buffer member (12) than on an outer
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edge part side (annotated Fig. 3; OE) of the buffer member (12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by making it so that a ratio of an area of the stacked part to a unit area of the buffer member is smaller on a center part side of the buffer member than on an outer edge part side of the buffer member as Eri teaches in order to exert more heat insulation property during thermal runaway (Eri [0041]).
Regarding claim 4, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the housing (18) includes a side surface (annotated Fig. 3; SS) that extends in a direction (annotated Fig. 3; Y) intersecting with the first direction (X), and
as viewed in the first direction (X), the ratio (area of overlapping 1RP and 2RP: total area of 1LP and 2LP; “R”) of the area (area of SP) of the stacked part (SP) to the unit area (total area of 1LP and 2LP) of the buffer member (1LP, 2LP) is smaller (see [0041] of Eri) on a center part side (annotated Fig. 3; CP) of the side surface (SS) than on an outer edge part side (annotated Fig; 3; OE) of the side surface (SS).
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Regarding claim 5, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the electrode assembly ([0164]) includes a positive electrode ([0164]) and a negative electrode ([0164]) arranged in the first direction (X), and
as viewed in the first direction (X), the ratio (area of overlapping 1RP and 2RP: total area of 1LP and 2LP; “R”) of the area (area of SP) of the stacked part (SP) to the unit area (total area of 1LP and 2LP) of the buffer member (1LP, 2LP) is smaller (see [0041] of Eri) on a center part side (annotated Fig. 3; CP) the electrode assembly ([0164]) than on an outer edge part side (annotated Fig. 3; OE) of the electrode assembly ([0164]).
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Regarding claim 6, Kuramitsu in view of Eri fails to disclose wherein an area of the first remaining part is smaller than an area of the second remaining part.
Eri discloses wherein an area of a first remaining part (portion of a first layer of “a plurality of layers”; [0048] excluding holes 12x; Fig. 3) is smaller ([0039]; [0042] teaches that different shapes and patterns may be used) than an area of the second remaining part (portion of a second layer of “a plurality of layers”; [0048] excluding holes 12x; Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by using different patterns and shapes for the softened portions of the first and second layer such that an area of the first remaining part was smaller than an area of the second remaining part because Eri teaches that different shapes and patterns ([0039]; [0042]) may be used in each layer to improve the workability of the buffer member and impart different properties and functions to the buffer member ([0048]) and such a modification would have been an obvious design choice.
Regarding claim 7, Kuramitsu in view of Eri fails to disclose wherein a density of the first layer is smaller on a center part side of the first layer than on an outer edge part side of the first layer as viewed in the first direction.
Eri discloses wherein a density (Fig. 3; density of 12) of a first layer (Fig. 3; 12) is smaller (Fig. 3) on a center part side (annotated Fig. 3; CPS) of the first layer (12) than on an outer edge part side (annotated Fig. 3; OE) of the first layer (12) as viewed in a first direction (annotated Fig. 3; X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by making a density of the first layer smaller on a center part side of the first layer than on an outer edge part side of the first layer as viewed in the first direction as taught by Eri in order to exert more heat insulation during thermal runaway (Eri [0041]).
Regarding claim 8, Kuramitsu in view of Eri discloses a plurality of first overlapping portions (“1OP”; [0039] teaches that different patterns, including random patterns may be used; [0042] teaches that different shapes may be used) in which second parts (“2P1L”; [0039] teaches that different patterns, including random patterns may be used; [0042] teaches that different shapes may be used) of the plurality of first softened portions (1SP) partially overlap ([0039] teaches that different patterns may be used; [0042] teaches that different shapes may be used) with first parts (“1P2L”; parts of holes 12x in 2L which overlap with holes 12x in 1L; [0039] teaches that different patterns may be used; [0042] teaches that different shapes may be used) of the plurality of second softened portions (2SP), respectively, as viewed in the first direction (X).
With the modification of claim 1, it is the examiner’s position that the first layer includes a plurality of first overlapping portions in which second parts of the plurality of first softened portions partially overlap with first parts of the plurality of second softened portions, respectively, as viewed in the first direction because a first and second layer with a different patterns, random patterns and/or different shapes would result in a plurality of first overlapping portions in which second parts of the plurality of first softened portions partially overlap with first parts of the plurality of second softened portions, respectively, as viewed in the first direction.
Kuramitsu in view of Eri fails to disclose wherein the first layer includes:
a plurality of first spaced-apart portions in which first parts of the plurality of first softened portions overlap with none of the plurality of second softened portions as viewed in the first direction.
Eri discloses wherein a first layer (a first of “a plurality of layers”; [0048]; “1L”) can include ([0039] teaches that different patterns may be used and [0042] teaches that different shapes may be used in the buffer member):
a plurality of first spaced-apart portions (“1SAP”; [0048] teaches that holes formed in a first and second layer may be formed to not overlap) in which first parts (“1P1L”; holes in 1L formed to not overlap with holes in a second of “a plurality of layers” as taught in [0048]) of a plurality of first softened portions (“1SP”; holes 12x ([0038]) in 1L) overlap with none ([0048]) of a plurality of second softened portions (“2SP”; holes 12x ([0038]) in a second layer of “a plurality of layers” taught in [0048]) as viewed in a first direction (annotated Fig. 3; X); and
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It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by including in the first layer a plurality of first spaced-apart portions in which first parts of the plurality of first softened portions overlap with none of the plurality of second softened portions as viewed in the first direction because Eri teaches that such a configuration is known in the art, easily formed ([0048]) and capable of improving the heat insulation property of the separator ([0051]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art.
Regarding claim 9, Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of first overlapping portions is arranged closer to a center of the buffer member than the plurality of first spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of first spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap); and
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a plurality of first overlapping portions (“1OP”; [0039] teaches that different patterns, including random patterns may be used; [0042] teaches that different shapes may be used; thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of first overlapping portions ([0041] teaches that softened portions may be concentrated in the center of the buffer member) is arranged closer to a center (“central portion”; [0041]) of a buffer member (“separator”; [0041]) than a plurality of first spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap) as viewed in the first direction (X).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art.
It is the examiner’s position that the above modification would yield at least one of the plurality of first overlapping portions arranged closer to a center of the buffer member than the plurality of first spaced-apart portions as viewed in the first direction because the partially overlapping portions (due to different shapes and/or patterns in the first and second layer) of the first and second softened portions would be more concentrated in the center part side of the buffer member and the non-overlapping first and second softened portions would be more concentrated in the outer edge region of the buffer member due to the modification.
Regarding claim 10, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the housing (18) includes a side surface (annotated Fig. 3; SS) that extends in a direction (annotated Fig. 3; Y) intersecting with the first direction (X).
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Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of first overlapping portions is arranged closer to a center of the side surface than the plurality of first spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of first overlapping portions (“1OP”; [0039] teaches that different patterns, including random patterns may be used; [0042] teaches that different shapes may be used; thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of first overlapping portions (1OP) is arranged closer ([0041] teaches that softened portions may be concentrated in the center of the buffer member) to a center (“central portion”; [0041]; annotated Fig. 3; CP) of a side surface (“separator”; [0041]) than a plurality of first spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap) as viewed in the first direction (X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art.
It is the examiner’s position that the above modification would yield at least one of the plurality of first overlapping portions arranged closer to a center of the side surface than the plurality of first spaced-apart portions as viewed in the first direction because the partially overlapping portions (due to different shapes and/or patterns in the first and second layer) of the first and second softened portions would be more concentrated in the center part side of the buffer member and the non-overlapping first and second softened portions would be more dense in the outer edge region of the buffer member due to the modification.
Regarding claim 11, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the electrode assembly ([0164]) includes a positive electrode ([0164]) and a negative electrode ([0164]) arranged in the first direction (X).
Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of first overlapping portions is arranged closer to a center of the electrode assembly than the plurality of first spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of first overlapping portions (“1OP”; [0039] teaches that different patterns, including random patterns may be used; [0042] teaches that different shapes may be used; thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of first overlapping portions (1OP) is arranged closer ([0041] teaches that softened portions may be concentrated in the center of the buffer member) to a center (“central portion”; [0041]; annotated Fig. 3; CP) of an electrode assembly ([0024]) than a plurality of first spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap) as viewed in the first direction (X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]).
It is the examiner’s position that the above modification would yield at least one of the plurality of first overlapping portions arranged closer to a center of the electrode assembly than the plurality of first spaced-apart portions as viewed in the first direction because the partially overlapping portions of the first and second softened portions would be more concentrated in the center part side of the electrode assembly (which corresponds to the center part side of the buffer member) and the non-overlapping first and second softened portions would be more dense in the outer edge region of the buffer member due to the modification.
Regarding claim 12, Kuramitsu in view of Eri fails to disclose wherein a density of the second layer is smaller on a center part side of the second layer than on an outer edge part side of the second layer as viewed in the first direction.
Eri discloses wherein a density (Fig. 3; density of 12; [0041]) of a second layer (Fig. 3; 12; second of “a plurality of layers”; [0048]) is smaller (Fig. 3; [0041]) on a center part side (annotated Fig. 3; CPS; “central portion of the separator”; [0041]) of the first layer (12) than on an outer edge part side (annotated Fig. 3; OE) of the second layer (12) as viewed in a first direction (annotated Fig. 3; X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by making a density of the second layer smaller on a center part side of the second layer than on an outer edge part side of the second layer as viewed in the first direction. in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]).
Regarding claim 13, Kuramitsu in view of Eri discloses a plurality of second overlapping portions (“2OP”; [0039] and [0042] teach that different patterns and shapes may be used in the layers, thus, first and second softened portions may be formed to partially overlap) in which second parts (“2P2L”; holes [0038, 0042] of 2L formed to overlap holes of a first of “a plurality of layers”; [0048]) of the plurality of second softened portions (2SP) partially overlap ([0039, 0042]) with first parts (“1P1L”; holes of a first of “a plurality of layers” [0048] overlapping holes of 2L) of the plurality of first softened portions (1SP), respectively, as viewed in the first direction (X).
With the modification of claim 1, it is the examiner’s position that the second layer includes a plurality of second overlapping portions in which second parts of the plurality of second softened portions partially overlap with first parts of the plurality of first softened portions, respectively, as viewed in the first direction because a first and second layer with a different patterns, random patterns and/or different shapes would result in a plurality of second overlapping portions in which second parts of the plurality of second softened portions partially overlap with first parts of the plurality of first softened portions, respectively, as viewed in the
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first direction.
Kuramitsu in view of Eri fails to disclose wherein the second layer includes a plurality of second spaced-apart portions in which first parts of the plurality of second softened portions overlap with none of the plurality of first softened portions as viewed in the first direction.
Eri discloses wherein a second layer (a second of “a plurality of layers” taught in [0048]) includes:
a plurality of second spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap; “2SAP”) in which first parts (“1P2L”; holes [0038, 0048] in 2L formed to not overlap with holes [0038, 0048] in a first of “a plurality of layers” as taught in [0048]) of a plurality of second softened portions (“2SP”; holes [0038, 0048] formed in 2L) overlap with none ([0048]) of a plurality of first softened portions (“1SP”; holes [0038, 0048] formed in a first of “a plurality of layers”; [0048]) as viewed in the first direction (annotated Fig. 3; X).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by adding to the second layer a plurality of second spaced-apart portions in which first parts of the plurality of second softened portions overlap with none of the plurality of first softened portions as viewed in the first direction because Eri teaches that such a configuration is known in the art to produce a buffer member with an enhanced heat insulating property ([0051]).
Regarding claim 14, Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of second overlapping portions is arranged closer to a center of the buffer member than the plurality of second spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of second spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap; “2SAP”); and
a plurality of second overlapping portions (“2OP”; [0039] and [0042] teach that different patterns and shapes may be used in the layers, thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of second overlapping portions (2OP) is arranged closer ([0041] teaches that softened portions may be concentrated in the center of the buffer member) to a center (“central portion”; [0041]) of a buffer member (“separator”; [0041]) than the plurality of second spaced-apart portions (2SAP) as viewed in a first direction (annotated Fig. 3; X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]).
It is the examiner’s position that the above modification would yield at least one of the plurality of second overlapping portions arranged closer to a center of the buffer member than the plurality of second spaced-apart portions as viewed in the first direction. because the partially overlapping portions (due to different shapes and/or patterns in the first and second layer) of the first and second softened portions would be more concentrated in the center part side of the buffer member and the non-overlapping first and second softened portions would be more dense in the outer edge region of the buffer member due to the modification.
Regarding claim 15, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the housing (18) includes a side surface (annotated Fig. 3; SS) that extends in a direction (annotated Fig. 3; Y) intersecting with the first direction (X).
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Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of second overlapping portions is arranged closer to a center of the side surface than the plurality of second spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of second spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap; “2SAP”); and
a plurality of second overlapping portions (“2OP”; [0039] and [0042] teach that different patterns and shapes may be used in the layers, thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of second overlapping portions (2SOP) is arranged closer ([0041] teaches that softened portions may be concentrated in the center of the buffer member) to a center (“central portion”; [0041]; annotated Fig. 3; CP) of a side surface (annotated Fig. 3; SS) than the plurality of second spaced-apart portions (2SAP) as viewed in a first direction (annotated Fig. 3; X).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]).
It is the examiner’s position that the above modification would yield at least one of the plurality of second overlapping portions is arranged closer to a center of the side surface than the plurality of second spaced-apart portions as viewed in the first direction because the partially overlapping portions (due to different shapes and/or patterns in the first and second layer) of the first and second softened portions would be more concentrated in the center part side of the buffer member and the non-overlapping first and second softened portions would be more dense in the outer edge region of the buffer member due to the modification.
Regarding claim 16, Kuramitsu in view of Eri discloses wherein each (12) of the at least two electrical storage devices (12) includes a housing (Fig. 3; 18), a pair (Fig. 3; 22a, 22b) of output terminals (Fig. 3; 22a, 22b) arranged on a first surface (Fig. 3; n) of the housing (18), and an electrode assembly ([0048]) housed ([0048]) in the housing (18),
the electrode assembly ([0164]) includes a positive electrode ([0164]) and a negative electrode ([0164]) arranged in the first direction (X).
Kuramitsu in view of Eri fails to disclose wherein at least one of the plurality of second overlapping portions is arranged closer to a center of the electrode assembly than the plurality of second spaced-apart portions as viewed in the first direction.
Eri discloses a plurality of second spaced-apart portions ([0048] teaches that holes formed in a first and second layer may be formed to not overlap; “2SAP”); and
a plurality of second overlapping portions (“2OP”; [0039] and [0042] teach that different patterns and shapes may be used in the layers, thus, first and second softened portions may be formed to partially overlap), wherein at least one of the plurality of second overlapping portions (2OP) is arranged closer ([0041] teaches that softened portions may be concentrated in the center of the buffer member) to a center (“central portion”; [0041]; annotated Fig. 3; CP) of an electrode assembly (“positive and negative electrode plates are contained together”; [0024]) than the plurality of second spaced-apart portions (2SAP) as viewed in a first direction (annotated Fig.
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3; X).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by increasing the density of the first and second softened portions of the first and second layer in the central portions of the first and second layers in order to enhance heat insulation and the deformation absorption effect exerted by the buffer member as taught by Eri ([0041]).
It is the examiner’s position that the above modification would yield at least one of the plurality of second overlapping portions arranged closer to a center of the electrode assembly than the plurality of second spaced-apart portions as viewed in the first direction because the partially overlapping portions (due to different shapes and/or patterns in the first and second layer) of the first and second softened portions would be more concentrated in the center part side of the buffer member and the non-overlapping first and second softened portions would be more dense in the outer edge region of the buffer member due to the modification.
Regarding claim 20, Kuramitsu in view of Eri discloses wherein:
each of the plurality of first softened portions (1SP) is the recessed part (“non-penetrating hole”; [0044]) that is recessed (“non-penetrating hole”; [0044]) in the first direction (X) from a first main surface (“one main surface”; [0044]; for example 1MS1L in annotated Fig. 4D–softened portions not shown) of the first layer (1L),
each of the plurality of second softened portions (2SP) is the recessed part (“non-penetrating hole”; [0044]) that is recessed (“non-penetrating hole”; [0044]) in the first direction (X) from a first main surface (“one main surface”; [0044]; for example 1MS2L in annotated Fig. 4D–softened portions not shown) of the second layer (2L), and
the first main surface (1MS2L) of the second layer (2L) is attached ([0048]) to a second main surface (for example 2MS1L in annotated Fig. 4D–softened portions not shown) of the first layer (1L) opposite the first main surface (1MS1L) of the first layer (1L).
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Regarding claim 21, Kuramitsu in view of Eri discloses wherein the buffer member (1L, 2L) is made of different material (Eri “PET”; [0026]) from a material of the separator (Kuramitsu “polypropylene (PP) and polybutylene terephthalate (PBT)”; [0040]).
Regarding claim 23, Kuramitsu in view of Eri discloses wherein the separator (14) is made of one selected from the group consisting of polypropylene and polybutylene terephthalate ([0040]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kuramitsu (WO2018061894A1, US20200058912A1 used for translation) in view of Eri (WO 2018207607A1, previously cited, machine translation used for rejection below), as applied to claim 1 above and further in view of You (US 20180062225 A1).
Regarding claim 19, Kuramitsu in view of Eri discloses that the first layer (1L) and second layer (2L) are attached to each other (Eri [0048-0049]). Kuramitsu in view of Eri fails to disclose adhesive.
You discloses an electrical storage module (Fig. 1; element 100) comprising a buffer member (Fig. 1; element 8), wherein the buffer member comprises a first layer (Fig. 2; 3) and a second layer (Fig. 2; 6), wherein the first layer (3) is attached (Fig. 2) to the second layer (6) by an adhesive ([0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Kuramitsu in view of Eri by adding an adhesive to the first and/or second layer to attach the first layer to the second layer in order to predictably bond the layers to each other as taught by You ([0029]).
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Kuramitsu (WO2018061894A1, US20200058912A1 used for translation) in view of Eri (WO 2018207607A1, previously cited, machine translation used for rejection below), as applied to claim 1 above for claim 22, and further in view of Gless (DE102012223566A1, machine translation used for rejection below).
Regarding claim 22, Kuramitsu in view of Eri fails to disclose wherein the first layer and the second layer are made of one selected from the group consisting of natural rubber, synthetic rubber, urethane rubber, silicone rubber, fluororubber, polystyrene, olefin and polyamide.
Gless discloses a buffer member (Fig. 1; 4; “compensating element”; [0021]) comprising a layer (Fig. 1; 4) made of one selected from synthetic rubber (“ ethylene-propylene-diene rubber”; [0021]) and olefin (“olefin”; “polypropylene”; [0021]).
It would have been obvious to one of ordinary skill in the art to have modified Kuramitsu in view of Eri by substituting the polyester material of Kuramitsu in view of Eri for the synthetic rubber or olefin material of Gless, such that the first layer and the second layer are made of one selected from the group consisting of EPDM, a synthetic rubber, and polypropylene, an olefin, in order to secure layers that can be produced simply and economically ([0020]) as taught by Gless.
Regarding claim 24, Kuramitsu discloses an electrical storage module (Fig. 1; 1) comprising:
at least two electrical storage devices (Fig. 2; at least two of 12) comprising a first electrical storage device (Fig. 5; 12a) and a second electrical storage device (Fig. 5; 12b);
a buffer member (Fig. 5; 40) that is arranged together with the first electrical storage device (12a) and the second electrical storage device (12b) in a first direction (Fig. 5; X) and is configured to (Fig. 5) receive a load from the first electrical storage device (12a) in the first direction (X); and
a separator (Fig. 5; 14) provided between the buffer member (40) and the second electrical storage device (12b) which is adjacent to the first electrical storage device (12a), wherein:
the buffer member (40) includes at least a first layer (Fig. 5; 46) and a second layer (Fig. 5; 44) separately provided ([0061]) from the first layer (46), the first layer (46) and the second layer (44) being stacked (Fig. 5) in the first direction (X),
the separator (14) covers (Fig. 5; [0055]) a part (“[t]op surface n”; [0055]; Fig. 3; n) of an upper surface (“[t]op surface n”; [0055]; Fig. 3; n) , a part ([0055]) of a side surface ([0055]; Fig. 5) and a part ([0055]; Fig. 5) of a bottom surface ([0055]; Fig. 5) of each of the first electrical storage device (12a) and the second electrical storage device (12b),
Kuramitsu fails to disclose the first layer includes a plurality of first softened portions, each of the plurality of first softened portions being a through hole that penetrates the first layer in the first direction or a recessed part that is recessed in the first direction,
the second layer includes a plurality of second softened portions, each of the plurality of second softened portions being a through hole that penetrates the second layer in the first direction or a recessed part that is recessed in the first direction,
at least one of the plurality of first softened portions and at least one of the plurality of second softened portions only partially overlap with each other as viewed in the first direction,
wherein the first layer and the second layer are made of one selected from the group consisting of (i) thermosetting elastomer of natural rubber, synthetic rubber, urethane rubber, silicone rubber or fluororubber and (ii) thermoplastic elastomer of polystyrene, olefin, polyurethane polyester and polyamide.
Eri discloses an electrical storage module (Fig. 1; 100) comprising:
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at least two electrical storage devices (Fig. 1; at least two of 1) comprising a first electrical storage device (annotated Fig. 1; 1a) and a second electrical storage device (annotated Fig. 1; 1b);
a buffer member (“separator”; [006]; Fig. 2; 12) that is arranged together (Fig. 2) with the first electrical storage device (1a) and the second electrical storage device (1b) in a first direction (annotated Fig. 1; X) and is configured to (Fig. 1) receive a load from the first electrical storage device (1a) in the first direction (X); and
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the buffer member ([006]) includes at least a first layer (first of “a plurality of layers”; [0048]; “1L”) and a second layer (a second of “a plurality of layers”; [0048]; “2L”) separately provided ([0048-0049]) from the first layer (1L), the first layer (1L) and the second layer (2L) being stacked (example shown in Fig. 4D per [0048]–softened portions not shown) in a first direction (annotated Fig. 4D; X),
the first layer (1L) includes a plurality of first softened portions (“holes 12x” [0038] of 1L; [0048] teaches that multiple layers of the separator may comprise holes like those illustrated as 12x in Fig. 3; “1SP”), each of the plurality of first softened portions (1SP) being a through hole ([0042]) that penetrates the first layer (1L) in the first direction (X) or a recessed part (“non-through hole”; [0042]) that is recessed (“non-through hole”; [0042] example shown as 12b2 in Fig. 4B) in the first direction (X),
the second layer (2L) includes a plurality of second softened portions (“holes 12x” [0038] of 2L; [0048] teaches that multiple layers may comprise holes like those illustrated as 12x in Fig. 3), each of the plurality of second softened portions (2SP) being a through hole ([0042]) that penetrates the second layer (2L) in the first direction (X) or a recessed part (“non-through hole”; [0042]) that is recessed (“non-through hole”; [0042]; example shown as 12b1 in Fig. 4B) in the first direction (X),
at least one of the plurality of first softened portions (1SP) and at least one of the plurality of second softened portions (2SP) only partially overlap ([0039] teaches any pattern of the holes, including random patterns may be formed in the layer; [0042] teaches the holes may have different shapes and that plural shapes may be combined) with each other as viewed in the first direction (X).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have substituted Kuramitsu’s buffer member for a buffer member having a first layer and a second layer each having softened portions with different shapes and/or patterns because Eri teaches that multiple layers ([0048], [0049]) may be combined to form a buffer member, and that different shapes and patterns ([0042]) may be used in each layer to improve the workability of the buffer member and impart different properties and functions to the buffer member ([0048]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art.
Note that it is the examiner’s position that the modification above would result in at least one of the plurality of first softened portions and at least one of the plurality of second softened portions only partially overlapping with each other as viewed in the first direction, because softened portions in each layer having different shapes, different patterns and/or random patterns would only partially overlap in the first direction.
Kuramitsu in view of Eri fails to disclose wherein the first layer and the second layer are made of one selected from the group consisting of (i) thermosetting elastomer of natural rubber, synthetic rubber, urethane rubber, silicone rubber or fluororubber and (ii) thermoplastic elastomer of polystyrene, olefin, polyurethane, polyester and polyamide.
Gless discloses a buffer member (Fig. 1; 4; “compensating element”; [0021]) comprising a layer (Fig. 1; 4) made of one selected from the group consisting of (i) thermosetting ([0021]; EPDM is a thermoset) elastomer ([0021]) of synthetic rubber (“ethylene-propylene-diene rubber”; [0021]) and (ii) thermoplastic ([0021]; polypropylene is a thermoplastic) elastomer ([0021]) of olefin (“polypropylene”; [0021]).
It would have been obvious to one of ordinary skill in the art to have modified Kuramitsu in view of Eri by substituting the material of Kuramitsu in view of Eri’s first and second layer for one of EPDM, a thermosetting elastomer of synthetic rubber, and polypropylene, a thermoplastic elastomer of olefin, in order to secure layers that can be produced simply and economically ([0020]) as taught by Gless.
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 GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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