Prosecution Insights
Last updated: October 02, 2026
Application No. 17/678,509

BATTERY PACK

Final Rejection §103
Filed
Feb 23, 2022
Priority
Aug 23, 2019 — CN 201910785493.7 +2 more
Examiner
ORTIZ, ARYANA YASMINE
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Positec Power Tools (Suzhou) Co., Ltd.
OA Round
4 (Final)
50%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
28 granted / 56 resolved
-15.0% vs TC avg
Strong +29% interview lift
Without
With
+29.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
113
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
70.3%
+30.3% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 56 resolved cases

Office Action

§103
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 05/21/2026. Claims 1 and 19 are amended. Claims 3 – 4, 11, 13 – 14, and 16 – 18 remain withdrawn. Claims 1 – 2, 5 – 10, 12, 15, and 18 – 20 are pending in the current Office action. The 35 U.S.C. 103 rejections set forth in the previous Office action are withdrawn and a new grounds of rejection, necessitated by applicant’s amendment, is established below. Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the arguments do not apply to the combination of references used in the current rejection. Specifically, the new grounds of rejection relies on new primary reference: Shimizu (US PG Pub. 2014/0308550 A1) in addition to a new teaching reference: Itoi (JP2014170613A). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 – 2, 5, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) in view of Itoi (JP2014170613A, Machine translation provided). Regarding Claim 1, Shimizu discloses a battery pack (Fig. 2, 200; [0050]) comprising at least one battery module comprising a plurality of cells, that is Shimizu teaches the battery pack including a group of a plurality of battery cells 100 which, by including more than one cell reads on the claimed battery module, (Fig. 2; [0050]); a housing (battery pack case 20; Fig. 2; [0051]), the housing comprising an upper cover (first outer plate 52; [0052]) and a lower cover (second outer plate 62; Fig. 2; [0052]), the upper cover including one upper opening (first exhaust port 53; Fig. 2; [0051]), which is within the claimed scope of at least one upper opening, and the lower cover including one lower opening (second exhaust port 63; [0051]), which is within the claimed scope of at least one lower opening. Shimizu teaches the cells being secured in a predetermined position by spacers 40 formed in a housing 30 included in the pack case (Fig. 2; [0050]), as such Shimizu appears to further disclose the battery pack comprising a support including a plurality of mounting portions {i.e. a plurality spacers that secure cells with the in housing} and a plurality of accommodation cavities configured to accommodate the plurality battery cells that are formed in the plurality of mounting portions {i.e. refer to the space provided by the spacers 40 that holds the cells in Fig. 2). Additionally, since the housing 30 of Shimizu is enclosed in the battery pack, Shimizu further discloses the housing covering the support (Fig. 2; [0050]) as well as the support being mounted in and completely enclosed by the housing (Fig. 2; [0050 – 0051]). In general, Shimizu is concerned with preventing electrolyte, flammable gas, and high-temperature gas released from at least one of cells provided in a battery pack from being mixed together in an exhaust passage, and thus reducing thermal influences exerted on adjacent cells, apparatus equipped with the battery pack, and the like ([0010]). Shimizu does not explicitly disclose the support being formed of a thermally conductive material or explicitly disclose a plurality of path running through the support being preset inside the support and the plurality of paths being distributed between adjacent mounting portions. Itoi, also concerned with minimizing the impact of malfunctioning batteries within a battery module containing multiple batteries, teaches a battery module including a heat transfer member 220 for housing cylindrical battery cells (Fig. 2; [0009 – 0011];[0024 – 0025]). The heat transfer member of Itoi is taught to include battery housing compartments 222 that that house the battery cells and thus includes structure corresponding to the claimed plurality of mounting portions {i.e. plurality of rows for holding the battery cells} with accommodation cavities {i.e. housing compartments 222} formed inside the portions (Fig. 4; [0028]). The heat transfer member is also taught to include through holes 221 that penetrate through the heat transfer member in the vertical direction (Fig. 4; [0028]). The through holes allow for any generated flames to pass through and become extinguished without affecting other cells of the housing ([0029];[0036 – 0037];[0040]). Itoi further teaches that such a configuration is applicable to battery modules having exhaust chambers and holes for discharging gas to the outside (Fig. 7; [0032];[0036 – 0038]), such as the battery pack in Shimizu, as well as battery modules including cells that have top and bottom venting structures, such as the cells in Shimizu (Fig. 1; [0034]). The heat transfer member is further taught to be formed of a metal or ceramic material with a thermal conductivity of 200 W/(m·K) or higher ([0030]). Since Shimizu is also concerned with the prorogation of thermal events within their battery pack, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the housing to of Shimizu to be the heat transfer member structure as taught by Ito, and thus obtain the claimed support formed of a thermally conductive material and including a plurality of path running through the support being preset inside the support and the plurality of paths being distributed between adjacent mounting portions {i.e. the through holes 221 are included between the battery housing compartments 222 of adjacent rows}, with a reasonable expectation of success in accommodating the battery cells while also furthering Shimizu’s goal of reducing thermal influences exerted on adjacent cell by providing the housing with additional structure to extinguish flames caused by battery malfunction. By including the heat transfer member as taught by Itoi as the housing 30 of the battery pack, modified Shimizu further includes the claimed structure of the support having an upper end (Refer to upper end of Ito’s heat transfer member shown in annotated Fig. 4(a) from Itoi below) and a lower end opposite to each other (Refer to opposite, lower end of Ito’s heat transfer member shown in annotated Fig. 4(a) from Itoi below) , the upper end and facing the upper cover and the lower end facing the lower cover (Refer to ends in annotated Fig. 4(a) from Itoi below and the orientation of the cells 100 and housing 30 shown in Fig. 2 of Shimizu), and an individual path of the plurality of paths extending through the upper end and the lower end of the support, that is Itoi explicitly teaches through holes 221 penetrating the heat transfer member in the vertical direction ([0028]). PNG media_image1.png 484 712 media_image1.png Greyscale Annotated Fig. 4(a) from Itoi showing upper and lower end of modified Shimizu’s support. Furthermore, in modified Shimizu, the at least one upper opening (Shimizu: Fig. 2, first exhaust port 53; [0051]), one lower opening (Shimizu: Fig. 2, second exhaust port 63; [0051]), and the plurality of paths are connected, that is the open ends of paths of modified Shimizu’s housing {i.e. through holes 221 of heat transfer member 220 in Fig. 4 of Itoi } are connected to the first exhaust port 53 and second 63 via the exhaust passages 50 and 60, because the open ends of the paths, the passages and ports are all open to one another (Refer to Shimizu: Fig. 2; [0051] and Ito: Fig. 7: [0036 – 0038]). The paths work in conjunction with the ports and passages of the battery pack to cool and discharge high temperature gas emitted by the cells (Shimizu: [0051] and Ito: [0038 – 0040]). As such, the connected ports and paths of modified Shimizu necessarily form a heat dissipation channel that cools the plurality of battery cells and the support. Modified Shimizu does not explicitly disclose the opening and paths also being connected to enable air flow through the at least one upper opening or the at least one lower opening to or from multiple paths; however, the limitation “to enable air flow through the at least one upper opening or the at least one lower opening to or from multiple paths” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the paths and openings {i.e. ports} of modified Shimizu are capable of enabling air flow through the at least one upper opening or the at least one lower opening to or from multiple paths, because the paths and ports are in communication with one another via an exhaust passage, the paths are capable of allowing a gas to pass through (Ito: Fig. 7; [0040]), and further the ports of Shimizu appear to be open to the atmosphere outside of the battery pack (Refer to Shimizu: Fig. 2; [0051]) [See MPEP § 2114]. In Shimizu, the upper opening is formed on a side surface of the upper cover (refer to position of first exhaust port 53 on outer plate 52 in Fig. 2 of Shimizu) and the lower opening is formed on a side surface of the lower cover (refer to position of first exhaust port 63 on outer plate 62 in Fig. 2 of Shimizu); therefore, modified Shimizu does not disclose the at least one upper opening formed on a tip surface of the upper cover and the at least one lower opening formed on a bottom surface of the lower cover. However, as Shimizu does not necessarily limit the position of the ports on the upper and lower cover, and further explicitly teaches that the positional relation between the first and second exhaust ports may be changed as long as the gas released from one port is unlikely to be mixed with the gas released from the other port ([0084]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to change the relative position of the exhaust ports such that they are formed on an upper and bottom surface of the upper and lower cover, respectively, because such a modification, absent new or unexpected results, would be a rearrangement of parts with respect to the ports that is considered to be an obvious engineering design [See MPEP 2144.04 (VI)], and further, as one with ordinary skill in the art would appreciate, based on Itoi teaching discharging gas from a bottom surface of their battery module (Refer to Fig. 7 in Itoi and Ito; [0032 – 0033];[0036]), would provide the predictable result of effective discharging of gas from the upper and lower portions of the battery cells, and further, due to being on opposite ends that are faced away from each other, would achieve the desired effect of preventing the gas released from one port from being mixed with the gas released from the other port (Shimizu: [0084]). Regarding Claim 2, modified Shimizu discloses all limitations as set forth above. By including the heat transfer member of Itoi as the battery cell housing, modified Shimizu further provides the claimed structure of wherein the plurality of paths {i.e. through holes 221 in Figs. 4(a) and 5(a) of Ito} and plurality of accommodation cavities {i.e. battery housing compartments 222 in Figs. 4 (a) and 5(a)of Ito} are independent of each other, that is the through holes 221 and battery housing compartments 222 are taught in Ito to be separate structures (Refer to Fig. 6 in Ito and Ito: [0028 – 0029];[0031]). Regarding Claim 5, modified Shimizu discloses all limitations as set forth above. By including the heat transfer member of Itoi as the battery cell housing, modified Shimizu further provides the claimed wherein a thermal conductivity of the thermally conductive material is 200 W/m.K (Ito: [0030]), which is within the claimed range of greater than 0.3 W/m.K. Regarding Claim 15, modified Shimizu discloses all limitations as set forth above. Shimizu further discloses wherein the upper cover (first outer plate 52; [0052]) and lower cover (second outer plate 62; Fig. 2; [0052]) are opposite to each other (Refer to position of first outer plate 52 and second outer plate 62). In modified Shimizu, the support {i.e. heat transfer member 220 of Itoi} is provided with an end cover that covers an end of the support, that is Itoi’s heat transfer member further includes on its upper surface a positive electrode holder 250 and on its lower surface a negative electrode holder 240 (Itoi: Fig. 2; [0032]), the end cover including a plurality of third openings, that is Itoi teaches the holders including a plurality of through holes that correspond to the position of the through holes 221 of the heat transfer member (Itoi: Fig. 2 and [0032]); and a path of the plurality of paths runs through the support in an axial direction of a battery cell od the plurality of battery, that is both the cells and paths of modified Shimizu are oriented in the vertical direction (Refer to direction of cells and paths shown in Fig. 4 of Ito). Furthermore, in modified Shimizu as established above, the at least one upper opening (Shimizu: Fig. 2, first exhaust port 53; [0051]), one lower opening (Shimizu: Fig. 2, second exhaust port 63; [0051]), and the plurality of paths are connected, that is the open ends of paths of modified Shimizu’s housing {i.e. through holes 221 of heat transfer member 220 in Fig. 4 of Itoi } are connected to the first exhaust port 53 and second 63 via the exhaust passages 50 and 60, because the open ends of the paths, the passages and ports are all open to one another based on their positioning within/on the pack (Refer to Shimizu: Fig. 2; [0051] and Ito: Fig. 7: [0036 – 0038]). The paths work in conjunction with the ports and passages of the battery pack to cool and discharge high temperature gas emitted by the cells (Shimizu: [0051] and Ito: [0038 – 0040]). As such, the connected ports and paths of modified Shimizu form a heat dissipation channel that cools the plurality of battery cells and the support. One with ordinary skill in the art would reasonably expect the third openings of modified Shimizu {i.e. the plurality of through holes included on the positive electrode holder 250}, due to the through holes corresponding to the position of the through holes 221 of the heat transfer member (Itoi: Fig. 2 and [0032]) to cooperate with the at least one lower opening, the at least one upper opening, and the plurality of paths in axial directions of the plurality of battery cells, to also form the heat dissipation channel. Claim(s) 6 – 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) and Itoi (JP2014170613A), as applied to claim 1 above, and further in view of Murakami (US PG Pub. 2017/0301964 A1, cited in previous O.A. mailed 02/04/2026) Regarding Claims 6 – 7, modified Shimizu discloses all limitations as set forth above. By including the heat transfer member of Itoi as the battery cell housing, modified Shimizu further provides the claimed structure of wherein an outer diameter of the battery cell of the plurality of battery cells is less than a hole diameter of an accommodation cavity of the plurality of accommodation cavities (Itoi: [0028]). Furthermore, modified Shimizu’s support is formed of a metal or ceramic material with a thermal conductivity of 200 W/(m·K) or higher ([0030]). Modified Shimizu does not explicitly disclose the support provided with a deformation portion of a side wall of a mounting portion of the plurality of portions. Murakami teaches a battery pack having a heat dissipating holder 2 with insertion holes for cylindrical battery cells that have an inner surface formed from a thermally-conductive insulating rubber material with elastic projections that project toward the battery cells (Figs. 2 – 3; [0065 – 0066];[0071]). The projections are elastic pipes that elastically deform when the cells are inserted for smooth insertion of the battery cells, and further the pipes elastically press on the peripheries of the battery cells to allow for heat generated by the cells to be efficiently transferred to the holder body ([0032]). The holder body is taught by Murakami to be produced from an aluminum, aluminum alloy, or carbon having a high thermal conductivity, e.g. 100 – 250 W/m.K for aluminum/aluminum alloy and 100 – 2000 W/m.K for the carbon , to allow for more efficient heat absorption and dissipation ([0067]). Since modified Shimizu also teaches a structure for holding cells that is formed from metal with high thermal conductivity and further is concerned with dissipating heat via the structure ([Itoi: [0030]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the mounting portions [i.e. the inside of the battery compartments included in the mounting portion} of modified Shimizu by to including an inner surface with projecting elastic pipes, as taught by Murakami, with a reasonable expectation of success in further improving the heat transfer efficiency of the heat dissipation member. By including the thermally-conductive insulating rubber the inside of the battery compartments included in the mounting portion, modified Shimizu’s support has the claimed structure of a deformation portion {i.e. thermally-conductive insulating rubber inner surface with projecting elastic pipes} included on a side wall of a mounting portion {i.e. inner side wall of the battery compartments included in the mounting portion}. Furthermore, because the elastic pipes elastically deform and press on the battery cells when inserted (Murakami: [0032]), modified Shimizu’s battery compartment structure further reads on the claim limitation of wherein the battery cell is clamped and attached to the accommodation cavity through elastic deformation of the deformation portion after being accommodated in the accommodation cavity. In addition, because the deformation portion of modified Shimizu includes projecting elastic pipes that protrude inward {i.e. toward the battery cell on an inner side wall of the battery compartments included in the mounting portion}, modified Shimizu’s deformation portion {i.e. thermally-conductive insulating rubber inner surface with projecting elastic pipes} further reads on being at least one protrusion formed inward by the side wall of the mounting portion (Claim 7). Regarding Claim 9, modified Shimizu discloses all limitations as set forth above. Shimizu further discloses wherein the battery cell is provided with a first end surface (Refer to top surface of terminal plate 8 shown in Fig. 1A) and a second end surface (Refer to bottom surface of cell case 7 shown in Fig. 1A) that are opposite to each other (Refer to the relative positions of the terminal plate 8 and the bottom of cell case 7 shown in Fig, 1A) and a side surface disposed around the first end surface and the second end surface (Refer to the man body portion of cell case 7 shown in Fig. 1A). In modified Shimizu, the support {i.e. heat transfer member 220 of Itoi) is shown to cover a majority of the battery cell bodies (Refer to Fig. 4(b) in Itoi). Furthermore, in modified Shimizu, the inner support surfaces of the cell accommodation holes include a thermally-conductive insulating rubber surface with projecting elastic pipes that contact the battery cells (Murakami: Fig. 3, 4; [0071]). Modified Shimizu does not explicitly disclose an attaching area between the side surface and mounting portion occupying at least 80% of the side surface. Murakami further teaches controlling the dimensions of the elastic projections to control the battery cell surface area that is in contact with the inner surface of the holder battery cell holes ([0075]). Murakami teaches that, as the surface area of contact between the battery cells and holder decreases, conduction of heat generated from the battery cell reduces and can become insufficient ([0075]). Therefore, as modified Shimizu appears to already have a majority of the battery cell bodies contact the inner surfaces of mounting portions of the support, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the area of battery cell contacting the side surfaces of the mounting portions to be within the claimed range of at least 80%, to maximize the area available for heat transfer, and further to optimize the heat transfer capability of the battery pack with a reasonable expectation of success and without undue experimentation [MPEP 2144.05(II)]. Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) and Itoi (JP2014170613A), as applied to claim 1 above, and further in view of Inui (US PG Pub. 2001/0026886 A1, cited in prior O.A. mailed 02/04/2026). Regarding Claim 10, modified Shimizu discloses all limitations as set forth above. By including the heat transfer member of Itoi as the battery cell housing, modified Shimizu further provides the claimed structure of wherein the plurality of paths are distributed between outer side walls of adjacent mounting portions, that is through holes 221 of heat transfer member 220 are included between the outer sides of the outermost and middle rows of battery cells (Refer to Figs. 4(a) and 5(a) of Ito). Itoi further teaches the through holes having an opening area of 0.5 to 50 mm² ([0029]). Therefore, based on the circular shape of the through holes, Itoi’s taught area range provides inner diameters for the through holes of modified Shimizu, which would correspond to the claimed minimum widths of the paths, of 0.79 mm to 7 mm, which overlaps the claimed range of greater than 1.5 mm. Inui teaches battery pack systems that include coolant flow paths, such as air flow paths, for battery pack temperature control (Figs. 1 – 2 and 6; [0008];[0012 – 0013];[0048]). Inui teaches controlling the width of the paths {i.e. paths formed by slits in the battery pack structure} to control the heat transfer capability and air flow resistance of the paths (Fig. 3; [0057];[0059]). Inui exemplifies widths such as 1.6 – 1.9 mm as optimal flow path widths and further teaches that as the width decreases, air flow resistance increases, and cooling performance is improved ([0057]). Excessive reductions in width are taught by Inui to result in lowered cooling performance ([0057]). Since modified Shimizu is concerned with achieving the extinguishing of flames and cooling of gas via through holes 221 and already exemplifies using through holes with inner diameters as large as 3mm (Ito: [0029];[0038 – 0040]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the widths of Modified Shimizu’s ventilation paths to be within the overlapping portion of the range suggested by Itoi and the claimed range in order to optimize the performance of the through holes, with a reasonable expectation of success and without undue experimentation [See MPEP2144.09(II)]. Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) and Itoi (WO2013001585A1), as applied to claim 1 above, and further in view of Rejman (US PG Pub. 2018/0069208 A1). Regarding Claims 8, modified Shimizu discloses all limitations as set forth above. In modified Shimizu, an outer diameter of the battery cell is less than a hole diameter of the battery compartment 222 {i.e. corresponds to claimed accommodation cavity} (Itoi: [0028]). Therefore, modified Shimizu does not explicitly disclose wherein an outer diameter of the battery cell of the plurality of battery cells is greater than a hole diameter of an accommodation cavity of the plurality of accommodation cavities. Rejamn, also directed to a battery pack structure for cylindrical battery cells, teaches a battery pack including a thermally conducting cell holder and further teaches an embodiment of the cell holder where the cell openings of the cell holder are slightly smaller than diameter of the battery cells ([0008];[0011 – 0012]). Specifically, Rejman teaches press-fitting the battery cells in the holder in order to ensure that the cell holder rests on the cells in a gap free manner so that, in addition to a secure accommodation of the battery cells in the cell holder, good heat dissipation of the heat generated during the operation of the battery pack away from the battery cells may be achieved ([0012]). Since modified Shimizu is also concerned with dissipating heat via the support {i.e. heat transfer member 220} (Itoi: [0030]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the support of modified Shimziu by forming the hole diameter of the battery compartments to be smaller than the battery cell outer diameters for the purpose of press-fitting, as Rejman, with a reasonable expectation of success in ensuring secure accommodation of the battery cells in the support while also furthering modified Shimizu’s goal of achieving good heat dissipation via the support. Modified Shimizu as established above does not explicitly disclose battery cell is disposed in the accommodation cavity of a mounting portion of the plurality of mounting portions by hot pressing and tensioning; however, the recitation “battery cell is disposed in the accommodation cavity of a mounting portion of the plurality of mounting portions by hot pressing and tensioning” is a product-by-process limitation requiring the process steps of hot pressing and tensioning. The examiner notes that the structure implied by the process step includes within its scope a battery cell that is press-fitted into an accommodation cavity in manner that ensures essentially no gaps between the cavity walls and the battery cell {i.e. tightly-fitted}. Therefore, by having the battery cells press-fitted such that no gap is included between the battery cell and walls of the battery compartment 222 (Rejman: [0012]), the battery cells of modified Shimizu appear to be disposed in a manner that could result from hot pressing an tensioning, and modified Shimizu, as established above appears to read on the clamed structure of wherein the battery cell is disposed in the accommodation cavity of a mounting portion of the plurality of mounting portions by hot pressing and tensioning. Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) and Itoi (WO2013001585A1), as applied to claim 1 above, and further in view of Cheng (CN206134753U, cited in prior O.A. mailed 02/04/2026) and Suzuki (WO2015079840A1, cited in prior O.A. mailed 02/04/2026). Regarding Claim 12, modified Shimizu discloses all limitations as set forth above. Modified Suzuki’s support {i.e. heat transfer member 220 of Itoi}, is formed of a material with high thermal conductivity in order to quicky dissipate heat to the outside of the battery module (Itoi: [0030]). Modified Shimizu does not disclose wherein heat dissipation fins are respectively disposed on side walls of the mounting portions at two sides of the plurality of paths and wherein the heat dissipation fins are distributed at intervals in an axial direction of a battery cell of the plurality of battery cells. Cheng teaches a battery box comprising a fixing frame 20 with battery holes 21 for cylindrical battery cells (Figs. 1 – 2; [0033 – 0035]). The fixing frame includes fins 22 that extend along the radial {i.e. vertical} direction of the battery holes and are also distributed along the direction at fixed intervals (Refer to Fig. 1; [0035]). The fins are taught by Cheng to protect the batteries inside the fixing frame and dissipate heat emitted by the batteries ([0034]). Since modified Shimizu is also concerned with dissipating heat via the support {i.e. heat transfer member 220} (Itoi: [0030]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the support of modified Shimziu to include fins on the outer surfaces of the claimed mounting portions, as taught by Cheng, and thus obtain the claimed fin structure, with a reasonable expectation of success in further improving the heat dissipation capabilities of Modified Suzuki’s battery pack. Modified Shimizu as established above, does not explicitly disclose a length over which the heat dissipation fins are distributed being 3/4 of a total length of the battery cells in the axial direction. In Fig. 1 of Cheng, the fins are shown to be distributed at fixed intervals along the axial direction {i.e. vertical direction of the fixing frame}, and are primarily distributed in a central part of each battery hole on the frame. Suzuki, also directed to a battery pack for cylindrical battery cells, teaches a battery pack including a separator 17 which includes holes for accommodating the battery cells (Figs. 2 – 6; [15 – 17]). Suzuki further teaching including protruding heat radiation members 24 between the cells (Refer to Figs. 4 – 5 and 8; [19];[28]). Furthermore, Suzuki suggests that increasing the contact area between a heat dissipating structure and another surface of the battery pack structure increases the heat dissipation effect ([28]). Therefore, when modifying Shimizu to include the fins taught by Cheng, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the length over which the fins are distributed be 3/4 of a total length of the battery cells in the axial direction, because such a change is a change in size/proportion that would not affect the capability of the fins to protect the cells and/or dissipate heat [See MPEP 2144.04 (IV)] would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention, for the purpose of optimizing efficiency of fins in the available central area of the walls of modified Shimizu’s support [MPEP 2144.05(II)]. Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1), Itoi (WO2013001585A1) and Rejman (US PG Pub. 20180069208 A1), as applied to claim 8 above, and further in view of Murakami (US PG Pub. 2017/0301964 A1). Regarding Claims 18, modified Shimizu discloses all limitations as set forth above. Shimizu further discloses wherein the battery cell is provided with a first end surface (Refer to top surface of terminal plate 8 shown in Fig. 1A) and a second end surface (Refer to bottom surface of cell case 7 shown in Fig. 1A) that are opposite to each other (Refer to the relative positions of the terminal plate 8 and the bottom of cell case 7 shown in Fig, 1A) and a side surface disposed around the first end surface and the second end surface (Refer to the man body portion of cell case 7 shown in Fig. 1A). In modified Shimizu, the support {i.e. heat transfer member 220 of Itoi) is shown to cover a majority of the battery cell bodies (Refer to Fig. 4(b) in Itoi). Furthermore, in modified Shimizu, the battery cells are tightly fitted in the battery cell compartments of the support (Refer to rejection of claim 8 above and Rejman: [0012]). Modified Shimizu does not explicitly disclose an attaching area between the side surface and mounting portion occupying at least 80% of the side surface. Murkami, as established above, teaches a battery pack having a metal heat dissipating holder 2 with insertion holes for cylindrical battery cells that have an inner surface formed from a thermally-conductive insulating rubber material with elastic projections that project toward the battery cells (Figs. 2 – 3; [0065 – 0067];[0071]). Murakami further teaches that, as the surface area of contact between the battery cells and holder decreases, conduction of heat generated from the battery cell reduces and can become insufficient ([0075]). Therefore, as modified Shimizu appears to already have a majority of the battery cell bodies contact the inner surfaces of mounting portions of the support, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the area of battery cell contacting the side surfaces of the mounting portions to be within the claimed range of at least 80%, to maximize the area available for heat transfer, and further to optimize the heat transfer capability of the battery pack with a reasonable expectation of success and without undue experimentation [MPEP 2144.05(II)]. Claim(s) 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US PG Pub. 2014/0308550 A1) in view of Itoi (JP2014170613A) and Naito (JP2011204577A, Machine translation provided). Regarding Claims 19 – 20, modified Shimizu discloses all limitations as set forth above. Shimizu discloses a battery pack (Fig. 2, 200; [0050]) comprising a plurality of battery cells (Refer to cells 100 in Fig. 2; [0050]); a housing (battery pack case 20; Fig. 2; [0051]), the housing comprising an upper cover (first outer plate 52; [0052]) and a lower cover (second outer plate 62; Fig. 2; [0052]), the upper cover including one upper opening (first exhaust port 53; Fig. 2; [0051]), which is within the claimed scope of at least one upper opening, and the lower cover including one lower opening (second exhaust port 63; [0051]), which is within the claimed scope of at least one lower opening. Shimizu teaches the cells being secured in a predetermined position by spacers 40 formed in a housing 30 included in the pack case (Fig. 2; [0050]), as such Shimizu appears to further disclose the battery pack comprising a support including a plurality of mounting portions {i.e. a plurality spacers that secure cells with the in housing} and a plurality of accommodation cavities configured to accommodate the plurality battery cells that are formed in the plurality of mounting portions {i.e. refer to the space provided by the spacers 40 that holds the cells in Fig. 2). Additionally, since the housing 30 of Shimizu is enclosed in the battery pack, Shimizu further discloses the housing covering the support (Fig. 2; [0050]). In general, Shimizu is concerned with preventing electrolyte, flammable gas, and high-temperature gas released from at least one of cells provided in a battery pack from being mixed together in an exhaust passage, and thus reducing thermal influences exerted on adjacent cells, apparatus equipped with the battery pack, and the like ([0010]). Shimizu does not explicitly disclose the support being formed of a thermally conductive material or explicitly disclose a plurality of path running through the support being preset inside the support and the plurality of paths being distributed between adjacent mounting portions. Itoi, also concerned with minimizing the impact of malfunctioning batteries within a battery module containing multiple batteries, teaches a battery module including a heat transfer member 220 for housing cylindrical battery cells (Fig. 2; [0009 – 0011];[0024 – 0025]). The heat transfer member of Itoi is taught to include battery housing compartments 222 that that house the battery cells and thus includes structure corresponding to the claimed plurality of mounting portions {i.e. plurality of rows for holding the battery cells} with accommodation cavities {i.e. housing compartments 222} formed inside the portions (Fig. 4; [0028]). The heat transfer member is also taught to include through holes 221 that penetrate through the heat transfer member in the vertical direction (Fig. 4; [0028]). The through holes allow for any generated flames to pass through and become extinguished without affecting other cells of the housing ([0029];[0036 – 0037];[0040]). Itoi further teaches that such a configuration is applicable to battery modules having exhaust chambers and holes for discharging gas to the outside (Fig. 7; [0032];[0036 – 0038]), such as the battery pack in Shimizu, as well as battery modules including cells that have top and bottom venting structures, such as the cells in Shimizu (Fig. 1; [0034]). The heat transfer member is further taught to be formed of a metal or ceramic material with a thermal conductivity of 200 W/(m·K) or higher ([0030]). Since Shimizu is also concerned with the prorogation of thermal events within their battery pack, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the housing to of Shimizu to be the heat transfer member structure as taught by Ito, and thus obtain the claimed support formed of a thermally conductive material and including a plurality of path running through the support being preset inside the support and the plurality of paths being distributed between adjacent mounting portions {i.e. the through holes 221 are included between the battery housing compartments 222 of adjacent rows}, with a reasonable expectation of success in accommodating the battery cells while also furthering Shimizu’s goal of reducing thermal influences exerted on adjacent cell by providing the housing with additional structure to extinguish flames caused by battery malfunction. By including the heat transfer member taught by Itoi as the housing 30 of the battery pack, modified Shimizu further includes the claimed structure of the support having an upper end (Refer to upper end of Ito’s heat transfer member shown in annotated Fig. 4(a) from Itoi below) and a lower end opposite to each other (Refer to opposite, lower end of Ito’s heat transfer member shown in annotated Fig. 4(a) from Itoi below) , the upper end and facing the upper cover and the lower end facing the lower cover (Refer to ends in annotated Fig. 4(a) from Itoi below and the orientation of the cells 100 and housing 30 shown in Fig. 2 of Shimizu), and an individual path of the plurality of paths extending through the upper end and the lower end of the support, that is Itoi explicitly teaches through holes 221 penetrating the heat transfer member in the vertical direction ([0028]). PNG media_image1.png 484 712 media_image1.png Greyscale Annotated Fig. 4(a) from Itoi showing upper and lower end of modified Shimizu’s support. In modified Shimizu, the paths have an opening that is of a circular shape (Refer to shape of through holes 221 in Fig. 5(a) of Itoi and Ito: [0029]). Shimizu does not; however, explicitly teach the shape of the first exhaust port 53 which corresponds to the claimed upper opening ([0051]); therefore, modified Shimizu does not explicitly disclose having a shape of an upper opening from the at least one upper opening be different from a shape of an end path of the plurality of paths. Naito, also directed to a battery pack structure for cylindrical battery cells, teaches a battery module including a case having a housing section 50 for the battery cells and further an upper exhaust path section 60 which is connected to an outlet 22 that functions to discharge gas outside the case (Fig. 2; [0027 – 0029]), as such Naito teaches a battery pack case with similar structure to Shimizu. The outlet is shown to have an elongated rectangular shape (Figs. 9 – 11; [0035]). Therefore, since Shimizu does not necessarily limit the shape of the first exhaust port 53, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the shape of modified Shimizu’s port be rectangular, as taught by Naito, and thus obtain the claimed structure of a shape of an upper opening from the at least one upper opening being different from a shape of an end path of the plurality of paths, because such a modification would be change in form or shape with respect to the first exhaust port that is considered to be an obvious engineering design [See MPEP 2144.04 (VI)], and further, as one with ordinary skill in the art would appreciate, based on Naito showing that rectangular-shaped outlet ports are capable of discharging gas ([0034 – 0035]), would provide the predictable result of effective gas discharge from the upper portion of the modified battery pack, as desired by Shimizu (Shimizu: [0084]). Furthermore, in modified Shimizu, the at least one upper opening (Shimizu: Fig. 2, first exhaust port 53; [0051]), one lower opening (Shimizu: Fig. 2, second exhaust port 63; [0051]), and the plurality of paths are connected, that is the open ends of paths of modified Shimizu’s housing {i.e. through holes 221 of heat transfer member 220 in Fig. 4 of Itoi} are connected to the first exhaust port 53 and second 63 via the exhaust passages 50 and 60, because the open ends of the paths, the passages and ports are all open to one another (Refer to Shimizu: Fig. 2; [0051] and Ito: Fig. 7: [0036 – 0038]). The paths work in conjunction with the ports and passages of the battery pack to cool and discharge high temperature gas emitted by the cells (Shimizu: [0051] and Ito: [0038 – 0040]). As such, the connected ports and paths of modified Shimizu necessarily form a heat dissipation channel that cools the plurality of battery cells and the support (Claim 19). 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 ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.Y.O./Examiner, Art Unit 1751 /JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/18/2026
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Prosecution Timeline

Show 4 earlier events
May 08, 2025
Final Rejection mailed — §103
Jul 31, 2025
Request for Continued Examination
Aug 01, 2025
Response after Non-Final Action
Feb 04, 2026
Non-Final Rejection mailed — §103
Apr 30, 2026
Examiner Interview Summary
Apr 30, 2026
Applicant Interview (Telephonic)
May 21, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103 (current)

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3y 7m (~0m remaining)
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