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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 8th 2025 has been entered.
Response to Amendment
The Amendment filed October 8th 2025 does not place the application in condition for allowance. The amendments to Claims 9 & 11-13 have overcome the previous 112(b), thus the rejections are withdrawn. The rejections in the Office Action dated July 11th, 2025 have been withdrawn due to Applicant’s amendment. However, upon further consideration, a new grounds of rejection is made in view of Kawano US 2020/0194750 A1. New rejections follow.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 & 11-16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “each pair of end plates has a first surface facing the array in the third direction and a second surface opposite to the first surface, the first surface having a hole formed therein”. There is no mention in the instant specification, nor is it shown in the drawings, of a description of the end plates having first and second surfaces as described in the claim. Further, while the instant specification discloses that the end plates have screw holes formed therein [0023], there is no mention that the hole is specifically formed in the first surface. Additionally, as Claim 1 describes, the first surface of the end plate faces the array in the third direction, indicating that the first surface is the inner surface of the end plate nearest the array of power storage devices, and the second surface which is described in the claim as being opposite the first surface would thus be the outer surface of the end plate, as best understood by the Examiner due to the lacking description of the first and second surfaces of the end plate in the specification. Therefore, as the claim describes, the hole formed in the first surface of the end plate (i.e. the inner surface) has no support from the disclosure or the drawings, as in Figure the holes 36 in the end plates 16 are only shown in the outer surface and not as through-holes that extend through the inner surface, and therefore the descriptions of the end plates, the surfaces thereof, and the holes formed therein, appear to be new matter not contained in the specification or the drawings.
Since it appears that Applicant meant that the holes are present in the second surface, as shown in Figure 2, for examination purposes Claim 1 was interpreted to mean that the second surface has the holes formed therein, consistent with the Applicant’s disclosure and drawings.
Claims 2-9 & 11-16, as they depend from Claim 1, are rejected for the same reasons.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 & 11-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “at least one of the first restraint member and the second restraint member has a hole therein, the hole being a recess…or a through-hole”. Claim 1 later recites “at least one of the first restraint member and the second restraint member includes…a pair of arms…and the pair of arms have through-holes formed therein”. It is unclear if Applicant is referring to new through-holes in the pair of arms of the restraint member different from the hole in the restraint member described previously, or if Applicant is meaning that the through-hole in the pair of arms is further limiting the hole in the restraint member to be specifically the through-hole as described previously. For purposes of examination, it was interpreted that the through-holes formed in the pair of arms are supposed to be different from the hole mentioned previously in the restraint member. Appropriate correction is required.
Claims 2-9 & 11-16, as they depend from Claim 1, are rejected for the same reasons.
Claim 3 recites “the hole overlaps the output terminals…”. Claim 1 previously mentioned that the first surface (of the end plate) has a hole formed therein”. Thus Claim 3 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 3 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 4 recites “…a heat conductive member accommodated in the hole…”. Claim 4 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 4 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 5 recites “…the heat conductive member accommodated in the hole…”. Claim 5 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 5 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 6 recites “…a protrusion fitted into the hole”. Claim 6 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 6 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 8, as it depends from Claim 6, is indefinite for the same reasons.
Claim 7 recites “the hole has a rectangular shape” and later “…the four inner side surfaces of the hole”. Claim 7 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 7 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 9 recites “each of which is the hole”. Claim 9 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 9 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 9 recites “each of which is the hole”. Claim 9 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 9 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 9 recites “the at least one of the first restraint member and the second restraint member has a plurality of holes, each of which is the hole”. Examiner notes that “the hole” was interpreted to be referring the hole in the restraint member as mentioned in Claim 1 previously. It is unclear how the limitation of the hole, which as stated in Claim 1 is recited as being a singular hole, can then be further limited to then be a plurality of holes, as stated in Claim 9. Thus the claim is indefinite. Appropriate correction is required.
Claim 11 recites “the second restraint member has a plurality of through holes as the plurality of holes”. Examiner notes that “the hole” was interpreted to be referring the hole in the restraint member as mentioned in Claim 1 previously. It is unclear how the limitation of the hole, which as stated in Claim 1 is recited as being a singular hole, can then be further limited to then be a plurality of holes, as stated in Claim 11. Thus the claim is indefinite. Appropriate correction is required.
Claim 12 recites “each of which is the hole”. Claim 12 is unclear as to if “the hole” is referring to the hole in the restraint member or the hole in the end plate. For the purposes of examination, it was interpreted that “the hole” mentioned in Claim 12 is referring to the hole in the restraint member. Appropriate correction is required.
Claim 12 recites “the at least one of the first restraint member and the second restraint member has a plurality of holes, each of which is the hole”. Examiner notes that “the hole” was interpreted to be referring the hole in the restraint member as mentioned in Claim 1 previously. It is unclear how the limitation of the hole, which as stated in Claim 1 is recited as being a singular hole, can then be further limited to then be a plurality of holes, as stated in Claim 12. Thus the claim is indefinite. Appropriate correction is required.
Claim 13 recites “each one of the first restraint member and the second restraint member has the plurality of holes”. Examiner notes that “the hole” was interpreted to be referring the hole in the restraint member as mentioned in Claim 1 previously. It is unclear how the limitation of the hole, which as stated in Claim 1 is recited as being a singular hole, can then be further limited to then be a plurality of holes, as stated in Claim 13. Thus the claim is indefinite. Appropriate correction is required.
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 1-3, 9, 12, & 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. WO 2014024432 A1 and further in view of Kawano US 2020/0194750 A1.
Regarding Claim 1, as best understood by the examiner, as shown in Fujii Annotated Figure 4 below, Fujii discloses a power storage module (battery system) with an array including a plurality of power storage devices (battery stack [Page 1 Lines 19-26]), further comprising:
a first surface and a second surface, which is opposite the second surface (Figure 4)
the first surface and second surface arranged in a first direction (Figure 4)
the plurality of power storage devices arranged in a third direction (Figure 4)
a first restraint member on the first surface and a second restraint member on the second surface extending in the third direction (Figure 4)
a hole in the first restraint member (Figure 4) that is a through hole extending in the third direction and overlapping a plurality of power storage devices
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Fujii Annotated Figure 4
As illustrated in Figure 4 above, the dimension of the power storage devices in the second direction (width wise) is larger than the dimension of the power storage devices in the first direction (height wise).
Further, Fujii discloses that each of the power storage devices comprises a pair of output terminals (also shown in Annotated Figure 4 above; Figure 8 Items 13) [Page 4 Lines 51-54].
Additionally, Fujii discloses a pair of end plates provided at both ends of the array arranged in the third direction [Page 2 Lines 13-14], as shown by Items 3 in Fujii Annotated Figure 4 above.
As shown in Annotated Figure 4 below, Fujii further discloses that the first restraint member includes a main body have a plate shape extending in the third direction and facing the first surface of the plurality of power storage devices, and a pair of arms extending parallel to the first direction from the main body, facing the array in the third direction:
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Fujii Annotated Figure 4
Fujii additionally discloses that each end plate has a first surface facing the array in the third direction and a second surface opposite the first surface, see Fujii Annotated Figure 9 below:
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Fujii Annotated Figure 9
Fujii discloses that the end plates have holes formed therein, shown as Items 3a & 3b in Figures 6 & 7, and that the restraint members have through-holes formed therein [Page 7 Lines 4-9], shown as Items 4a & 4b in Figure 11.
Fujii discloses that the through-holes in the restraint members overlap the holes formed in the end plates, as shown in Figure 6, and as further shown in Annotated Figure 7 below, the holes can be seen to overlap.
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Fujii Annotated Figure 7
As shown in Annotated Figure 7, Fujii illustrates that the holes and the through-holes are formed in the sides of the end plates and the restraint members, respectively. However, Fujii fails to disclose that the holes in the end plates are formed specifically on the second (outer) surface of the end plates and that the through-holes in the restraint members are formed in the pair of arms facing the array when viewed in the third direction, such that the holes and the through-holes overlaps when viewed in the third direction (as mentioned above, Examiner notes that the recitation of the hole in the end plate was interpreted to be referring to the second, or outer, surface instead of the first, or inner, surface).
Kawano discloses a battery module comprising restraint members (binding bars) and end plates [Abstract]. Kawano discloses that the restraint members comprise a pair of arms (“fixing parts” Figure 1 Items 42), similar to that of Fujii ,that extend around the outer surface of the end plates and are fixed to the end plates by setscrews [0059], as shown in Figure 1. As shown in Figure 2, Kawano discloses that the pair of arms comprise through holes that align with holes in the surface of the end plates (see Annotated Kawano Figure 2).
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Annotated Kawano Figure 2
Thus, Kawano discloses holes in the end plates on the outer surface of the end plate, wherein the holes in the pair of arms of the restraint members overlap with the holes of the end plates, as viewed in the third direction (length of the battery array) shown in Figures 1 & 2 of Kawano.
Kawano discloses that a battery module with this structure can be used as a battery system for a vehicle [0089], similar to that of Fujii.
Thus, one of ordinary skill in the art would recognize the exact positioning of the through-holes in the restraint members and the holes in the end plates as a variable that can be altered without a substantial change in the performance or application of a battery module.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the exact positioning of the through-holes in the restraint members and the holes in the end plates to be positioned so as to be overlapping on the second (outer) surface of the end plate, as recited in the claim, based on the suggested embodiment of Kawano for a vehicle battery module, which would be obvious to one of ordinary skill in the art as a suitable alternative to the configuration of Fujii with an expectation of success.
Regarding Claim 2, Fujii discloses that the plurality of power storage devices are arranged in the array such that the first surface faces the same direction [Page 4 Lines 55-57], as shown in Fujii Annotated Figure 5:
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Fujii Annotated Figure 5
Regarding Claim 3, as best understood by the examiner, Fujii discloses that each of the plurality of power storage devices further comprises a valve on the first surface (Figure 8 Item 11) [Page 4 Lines 54-55]. As shown in Fujii Annotated Figure 4 above, Fujii discloses that the first restraint member has the through hole that overlaps the output terminals.
Regarding Claim 9, as best understood by the examiner, Fujii discloses that a plurality of holes are provided, as shown in Figures 4 and 6, that are arranged in the second direction:
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Fujii Figures 4 & 6
Regarding Claim 12, as best understood by the examiner, Fujii discloses that the first restraint member has a plurality of holes, as shown in Figures 4 & 6 above, that each extend in the third direction and overlap the plurality of power storage devices. This is further illustrated in Fujii Annotated Figure 4 below.
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Fujii Annotated Figure 4
Regarding Claim 14, as mentioned with regards to Claim 1 above, modified Fujii discloses that the first restraint member comprises a main body with a plate shape extending in the third direction and a pair of arms extending parallel to the first direction from the main body to the array, as illustrated in Fujii Annotated Figure 4 above with regards to Claim 1.
Additionally, modified Fujii discloses that the second restraint member has a main body and a pair of arms, as shown in Fujii Annotated Figures 4 & 6 below.
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Fujii Annotated Figures 4 & 6
Fujii discloses that the pair of arms of the first restraint member extend from the main body to the pair of arms of the second restraint member, as shown in Figure 4 below:
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Fujii Annotated Figure 4
Regarding Claim 15, Fujii discloses that the second restraint member is made of a single plate (as shown in Figure 6, Fujii illustrates that the second restraint member is made of one piece):
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Fujii Figure 6
Additionally, Fujii illustrates in Figures 11 & 6 that the width of the main body is the same as the width of the arm in the second direction:
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Fujii Figures 11 & 6
Regarding Claim 16, Fujii discloses that each of the plurality of power storage devices includes a valve on the first surface [Page 4 Lines 54-55], as shown in Figure 8 Item 11. Fujii discloses that the first restraint member has three holes therein, the three holes being through-holes, as shown in Fujii Annotated Figure 6 below:
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Fujii Annotated Figure 6
Fujii illustrates that the three holes extend in the third direction and overlap all of the plurality of power storage devices, as shown in Figure 6 above and Figure 4.
Fujii discloses that the holes in the restraint member are arranged to correspond to the valves of the power storage devices and the terminals (as shown in Figure 6), thus Fujii discloses that the three holes are arranged at a predetermined intervals.
Fujii discloses that the two holes at both ends overlap the output terminals of the plurality of power storage devices in the first direction and the holes at the center overlaps the valves of the plurality of power storage devices in the first direction, as shown in Annotated Figure 6 below:
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Fujii Annotated Figure 6
Claims 4 & 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. WO 2014024432 A1 and Kawano US 2020/0194750 A1 as applied to claim 1 above, in further in view of Motohashi et al. US 2016/0141735 A1.
Regarding Claim 4, as best understood by the examiner, Fujii discloses that the power storage module has a second restraint member (fixing plate Figure 4 Item 9), however is silent as to the through hole in the second restraint member and a heat conductive member in the hole and heat-exchangeably contacting the second surface.
Motohashi discloses a power storage module (battery unit) with a restraint member (a case) [0017]. Motohashi discloses that the restraint member comprises a heat conductive plate [0023], shown in Annotated Figure 2 below.
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Annotated Figure 2
Motohashi discloses that the heat transfer material (Item 52) is disposed between the heat conductive plate and the battery unit [0024], thus the heat transfer material is in contact with the surface of the battery unit. Motohashi discloses that the slits (Item 50a) in the heat conductive plate (Item 50) are configured to make the heat transfer materials (Items 52 & 53) movable and to permit the heat transfer materials to move between the front and backsides of the heat conductive plate [0037], thus filling the slits with heat conductive material. Thus, Motohashi discloses a second restraint member (heat conductive plate) with through holes (slits) and heat conductive material accommodated in the through holes (heat transfer material movable through the slits) and where the heat conductive material is in contact with the second surface (heat transfer material in contact with battery unit). This is further illustrated in Annotated Figure 3, showing a cross-section of the battery unit.
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Annotated Figure 3
Motohashi discloses that a battery with this configuration prevents deformation of the heat conductive material during press manufacturing [0007], which can lead to uneven distribution of heat conductive material and thus create a problem with the strength of the battery case [0008].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate Motohashi’s heat conductive plate with the slits in Fujii’s battery module to achieve a battery case with better strength and prevent deformation of the heat conductive material during pressing.
Regarding Claim 5, as best understood by the examiner, Fuji discloses that the array is placed on a cooling plate (Figure 9 Item 20) that is positioned on the outside of the array such that the second restraint member (fixing plate) is interposed between the array and the cooling plate, and thus heat-exchangeably in contact with the heat conductive material in the hole of the second restraint member (as modified by Motohashi with regards to Claim 4).
Claims 6 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. WO 2014024432 A1 and Kawano US 2020/0194750 A1 as applied to claim 1 above, and further in view of Kusunoki et al JP 2013/073915 A.
Regarding Claim 6, as best understood by the examiner, Fujii discloses the power storage module with regards to Claim 1, further comprising an insulating separator between adjacent power storage devices (spacer that insulates adjacent batteries Figure 8 Item 7) [Page 5 Lines 22-23].
Fujii is silent as to a protrusion on the separator that fits into the hole.
Kusunoki discloses a battery pack with a plurality of unit cells, top and bottom covers, and spacers [0016]. Kusunoki discloses that the spacers (Figure 3 Item 8) are arranged between each of the unit cells (Figure 3 Items 7) [0025]. Kusunoki discloses that the spacers are comprised of synthetic resin, which is insulating [0027], and further comprise an insulating member [0028]. Thus Kusunoki discloses a separator between the power storage devices that is insulating, similar to that of Fujii.
Kusunoki discloses, as further illustrated in Annotated Figures 5 & 6 below, that the spacers have protruding portions (Figure 5 Items 50a & 50b) that are formed at the bottom of the spacers to engage with holes (Figure 6 Item 53) in the bottom plate (Figure 6 Item 9) [0028]. Thus Kusunoki discloses a separator with a protrusion (Items 50a & 50b) that fits into the hole (Item 53) of the second restraint member (bottom plate 9).
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Annotated Figures 5 & 6
Kusunoki discloses that a battery array with this configuration prevents detachment of the covers from the cell components and strengthens the fastening force between the unit cells [0013]. Kusunoki discloses that by incorporating an insulating part within the separator, the unit cells can be insulated and the need for additional parts is reduced and the configuration can thus be simpler [0039].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the insulating separators of Kusunoki, with the protrusion fitting into the holes of the bottom cover, in the battery array of Fujii to achieve a battery with insulation and strengthened fastening force between the unit cells.
Regarding Claim 8, modified Fujii discloses the power storage module with regards to Claim 6, with the modification of Kusunoki. Kusunoki further discloses that the separators (spacers Item 8) have an additional protruding part (Item 48) [0028] comprising a fitting part (Item 49) that engages with part of the restraint member (inner cover member 11) [0028]. Kusunoki discloses that the restraint member (inner cover member 11) comprises a cutout (Item 65) that engages with the fitting part of the separator (spacer 8) [0033]. Thus, as further shown in Annotated Figures 9 & 10 below, Kusunoki discloses a restraint member comprising cutouts corresponding to the separators, wherein the separators have fitting parts the contact two inner side surfaces of the cutouts.
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Annotated Figures 9 & 10
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. WO 2014024432 A1 and Kawano US 2020/0194750 A1 as applied to claim 9 above, in further in view of Motohashi et al. US 2016/0141735 A1.
Regarding Claim 11, as best understood by the examiner, Fujii discloses that the power storage module has a second restraint member (fixing plate Figure 4 Item 9), however is silent as to the second restraint member comprising a plurality of through holes and further comprising a heat conductive member in the plurality of holes and heat-exchangeably contacting the second surface.
Motohashi discloses a power storage module (battery unit) with a restraint member (a case) [0017]. Motohashi discloses that the restraint member comprises a heat conductive plate [0023], shown in Annotated Figure 2 below.
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Annotated Figure 2
Motohashi discloses that the heat transfer material (Item 52) is disposed between the heat conductive plate and the battery unit [0024], thus the heat transfer material is in contact with the surface of the battery unit. Motohashi discloses that the slits (Item 50a) in the heat conductive plate (Item 50) are configured to make the heat transfer materials (Items 52 & 53) movable and to permit the heat transfer materials to move between the front and backsides of the heat conductive plate [0037], thus filling the slits with heat conductive material. Thus, Motohashi discloses a second restraint member (heat conductive plate) with a plurality of through holes (slits) and heat conductive material accommodated in the through holes (heat transfer material movable through the slits) and where the heat conductive material is in contact with the second surface (heat transfer material in contact with battery unit). This is further illustrated in Annotated Figure 3, showing a cross-section of the battery unit.
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Annotated Figure 3
Motohashi discloses that a battery with this configuration prevents deformation of the heat conductive material during press manufacturing [0007], which can lead to uneven distribution of heat conductive material and thus create a problem with the strength of the battery case [0008].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate Motohashi’s heat conductive plate with the slits in Fujii’s battery module to achieve a battery case with better strength and prevent deformation of the heat conductive material during pressing.
Claims 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. WO 2014024432 A1 and Kawano US 2020/0194750 A1 as applied to claim 12 above, and further in view of Park et al. US 2012/0115004 A.
Regarding Claim 13, as best understood by the examiner, modified Fujii discloses that the first restraint member has the plurality of holes, as mentioned with regards to Claim 12 above. However, Fujii does not disclose that the second restraint member has the plurality of holes.
Park discloses two restraint members for a battery array having the same structure (“fixing members” Figure 1 Items 41) [0041], and more specifically discloses that the two restraint members can comprise holes (vent holes) [0013].
Park discloses that a battery array with this configuration provides a battery that is stably fixed [0010].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second restraint member of Fujii to have the same configuration as the first restraint member of Fujii, as suggested by Park, to achieve a battery array that is stably fixed.
Thus, modified Fujii discloses, with the further modification of Park, that both the first and second restraint members comprise the plurality of holes.
Claims 1-3 & 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. US 2012/0115004 A1 in view of Ebine JP 2006/286547 A.
Regarding Claim 1, as best understood by the examiner, Park discloses a power storage module (a battery module) comprising:
an array (Figure 6 Item 103) including a plurality of power storage devices (Figure 6 Item 20),
each of plurality of power storage devices having a first surface and a second surface which are opposite to the first surface (as illustrated in Annotated Figure 6 below),
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Annotated Figure 6
the first surface and the second surface being arranged in a first direction (as illustrated in Annotated Figure 6, the first surface and second surface are arranged in the first direction “z”),
the dimensions of the plurality of power storage devices in a second direction perpendicular to the first direction being larger than the dimensions of the plurality of power storage devices (Figure 6 shows the plurality of power storage devices wherein they are wider in the second dimension “y” than they are tall in the first direction “z”),
the plurality of power storage devices being arranged in a third direction perpendicular to the first direction and the second direction (as illustrated in Annotated Figure 6, the plurality of rechargeable batteries 20 are arranged in the third direction “x”)
a first restraint member facing the first surface of the each of the plurality of power storage devices, extending in the third direction, and restraining the array in the third direction (Figure 6 Item 43);
and a second restraint member facing the second surface of the each of the plurality of power storage devices, extending in the third direction, and restraining the array in the third direction (Figure 6 Item 45),
wherein at least one of the first restraint member and the second restraint member has a hole therein (Figure 6 Item 435), the hole being a through-hole [0073] passing through the at least one of the first restraint member and the second restraint member in the first direction.
Park further discloses that each of the plurality of power storage devices comprises a pair of output terminals (Figure 1 Items 21 & 22) [0034].
Park discloses that the array further comprises a pair of end plates provided at both ends of the array arranged in the third direction (Figure 1 Item 39) [0032].
Additionally, Park discloses that the first restraint member and the second restraint member have a main body that has a plate shape and extends in the third direction, and a pair of arms extending parallel to the first direction:
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Park Annotated Figure 6
Park fails to disclose that the holes in the first restraint member (Figure 6 Item 435) extend in the third direction and overlap the plurality of power storage devices.
Ebine discloses a battery array comprising a plurality of power storage devices [0006], wherein the battery array comprises restraint members (“support belts”) [0006]. Ebine discloses several embodiments of the restraint members wherein the restraint members comprise a plurality of holes (Figures 1, 5, 6) as well as one hole extending the length of the battery array, otherwise defined as the third direction (Figures 8 & 9) [0033-0036].
Ebine discloses that a restraint member with one long hole (as in the sixth and seventh embodiment [0035-0036]) achieves the same effect as a restraint member with several holes (as in the first, second, third, fourth, and fifth embodiments) [0035-0036].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known hole configuration for a restraint member, i.e. a hole extending the length of the battery array of Ebine, for another hole configuration for a restraint member, i.e. a plurality of holes disposed along the length of the battery array of Park, with reasonable expectation of success. The simple substitution of one hole configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative methods of the through hole configuration in the restraint members, Ebine demonstrates that these are known equivalents in the art, and the selection of either through hole configuration would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Modified Park, as mentioned above, discloses that the pair of arms have through-holes (fixing holes) that enable the restraint members to be fixed to the end plates [0072]. However, modified Park does not explicitly disclose that the end plates have holes in the second (outer) surface that overlap with the holes in the pair of arms.
Ebine discloses a battery module, as mentioned above, and further discloses two end plates (Figure 3 Item 701) that have holes for attaching to the restraint members [0026]. This is further shown in Ebine Annotated Figures 2 & 3, wherein Ebine discloses that the restraint members have a pair of arms and a main body, and the pair of arms have through-holes that overlap with the holes in the end plate on the second (outer) surface in the third direction:
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Ebine Annotated Figures 2 & 3
Ebine discloses that a power storage module with this configuration has simplified structure and manufacturing process [0005].
Thus, one of ordinary skill in the art would recognize the exact positioning of the through-holes in the restraint members and the holes in the end plates as a variable that can be altered without a substantial change in the performance or application of a battery module.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the exact positioning of the through-holes in the restraint members and the holes in the end plates to be positioned so as to be overlapping on the second (outer) surface of the end plate, as recited in the claim, based on the suggested embodiment of Ebine for a battery module, which would be obvious to one of ordinary skill in the art as a suitable alternative to the configuration of Park with an expectation of success and the benefit of a simplified structure and manufacturing process.
Regarding Claim 2, Park discloses, as shown in Figure 6, that the plurality of power storage devices are arranged in a way that all of the first surfaces of each of the power storage devices face the same direction.
Regarding Claim 3, as best understood by the examiner, Park discloses the battery with regards to Claim 2 [0034] as mentioned above, and further discloses that the plurality of power storage devices (Item 20) includes a valve (“a vent member” Figure 6 Item 27 [0034]) on the first surface. Modified Park discloses that the first restraint member (Figure 6 Item 43) has the hole (Figure 6 Item 435), and that the hole overlaps the valve (Figure 6 Item 27) [0073]. This is further illustrated in Annotated Partial Figure 6 below:
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Annotated Partial Figure 6
Regarding Claim 14, modified Park discloses that the first restraint member and the second restraint member have a main body that has a plate shape and extends in the third direction, and a pair of arms extending parallel to the first direction, as mentioned with regards to Claim 1 above. With the modification of Ebine, modified Park shows that the pair of arms of the first restraint member extend from the main body to the pair of arms of the second restraint member.
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Park Annotated Figure 6
With the modification of Ebine, wherein the pair of arms overlap the end plates, modified Park discloses that the pair of arms of the first restraint member extend from the main body to the pair of arms of the second restraint member.
Regarding Claim 15, modified Park discloses that the restraint members (“fixing members” Items 43 & 45) are each a single plate (Figure 6) [0071]. Further, Park discloses that the main body and the pair of arms have the same width in the second direction, as shown in Park Annotated Figure 6:
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Park Annotated Figure 6
Claims 1, 2, 6, & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Maguire et al US 10,355,259 in further view of Motohashi et al. US 2016/0141735 A1, Lee et al US 10,629,878 B2, and Ebine JP 2006/286547 A.
Regarding Claim 1, as best understood by the examiner, Maguire discloses a battery pack with a plurality of power storage devices (Figure 2 [Column 4 Lines 24-26]), further comprising (shown in Annotated Figures 2 & 7 below):
a first surface and a second surface, which is opposite the second surface (Figure 2)
the first surface and second surface arranged in a first direction (Figure 2)
the plurality of power storage devices arranged in a third direction (Figure 7)
a restraint member on the first surface extending in the third direction (Figure 7)
a restraint member on the second surface extending in the third direction (Figure 7)
a hole in the restraint member (Aperture 126 in Figure 7) that is a through hole and extends in the third direction
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Annotated Figures 2 & 7
Maguire discloses a pair of end plates (end walls Figure 6 Item 118) on both ends of the array [Column 5 Lines 28-33].
Maguire discloses that the restraint members comprise a main body and through-holes through which fasteners (Figure 6 Items 120) fix the restraint members to the end plate [Column 5 Lines 28-33]. Thus Maguire discloses a hole in the pair of end plates that overlaps with a hole in the restraint member when viewed in the third direction, as further shown in Maguire Annotated Figure 6:
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Maguire Annotated Figure 6
Maguire fails to disclose that the respective dimensions of the plurality of power storage devices in a second direction perpendicular to the first direction is larger.
Lee discloses a battery pack wherein the height of each of the battery modules is greater than the width of each of the battery modules [Column 3 Lines 1-5]. This is further shown in Figures 1 & 2 of the disclosure.
Lee discloses that the battery pack is used in an electric or hybrid vehicle. [Column 4 Lines 6-11].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to substitute the height to width ratio of Lee, wherein the battery module has a larger dimension in the second direction than in the first direction, into the battery pack of Maguire, to provide a battery for an electric or hybrid vehicle.
Modified Maguire is silent as to the plurality of power storage devices comprising a pair of output terminals on the first surface.
Motohashi discloses a power storage module (battery unit) accommodated in a case [0017]. Motohashi discloses that the power storage module comprises a plurality of battery cells [0018] that each comprise a pair of output terminals [0034] on the shorter side surface of the battery cells, shown as Items 24 in Figure 1.
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Annotated Figure 1
Although not explicitly shown in Maguire’s power storage module, it would be obvious to one of ordinary skill in the art that the plurality of power storage devices have output terminals to be able to extract power, and as disclosed by Motohashi, the electrode terminals (Items 24 Figure 1) electrically connect the non-illustrated electrode tabs of each battery cell to the battery module [0034], thus Motohashi discloses an identified, predictable solution, with a reasonable expectation of success. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate a pair of output terminals as suggested by Motohashi on the first surfaces (short side surfaces) of the plurality of power storage devices of modified Maguire with reasonable expectation of success. See MPEP 2143.01 E.
Thus, modified Maguire discloses, with the modification of Motohashi’s terminals, that the plurality of power storage devices comprise a pair of terminals on the first surface, as shown in modified Maguire Annotated Figure 7 below.
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Modified Maguire Annotated Figure 7
Additionally, modified Maguire fails to disclose a pair of arms of the restraint members extending parallel to the first direction from the main body and facing the array, wherein the through-hole the overlaps the hole in the end plate is in the pair of arms, and additionally fails to disclose that the hole in the end plate is on the second (outer) surface.
Ebine discloses a battery module comprising restraint members along the sides of the battery array, and having a hole (see Ebine Figure 10), similar to that of Maguire, and further discloses two end plates (Figure 3 Item 701) that have holes for attaching to the restraint members [0026]. This is further shown in Ebine Annotated Figures 2 & 3, wherein Ebine discloses that the restraint members have a pair of arms and a main body, and the pair of arms have through-holes that overlap with the holes in the end plate on the second (outer) surface in the third direction:
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Ebine Annotated Figures 2 & 3
Ebine discloses that a power storage module with this configuration has simplified structure and manufacturing process [0005].
Thus, one of ordinary skill in the art would recognize the exact positioning of the through-holes in the restraint members and the holes in the end plates as a variable that can be altered without a substantial change in the performance or application of a battery module.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the exact positioning of the through-holes in the restraint members and the holes in the end plates to be positioned so as to be overlapping on the second (outer) surface of the end plate, as recited in the claim, based on the suggested embodiment of Ebine for a battery module, which would be obvious to one of ordinary skill in the art as a suitable alternative to the configuration of modified Maguire with an expectation of success and the benefit of a simplified structure and manufacturing process.
Regarding Claim 2, as shown in Annotated Figure 2 below, modified Maguire discloses that the first surface of each of the plurality of power storage devices faces the same direction:
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Annotated Figure 2
Regarding Claim 6, as best understood by the examiner, Maguire discloses that the battery pack array comprises separators (separator 64) disposed between two battery cells [Column 1 Lines 52-54], and further discloses a method for securing battery cells and spacers within an array mainly by limiting movement [Column 1 Lines 42-45]. Maguire discloses that the separators can be thermoplastic resin such as PPE, which is insulative [Column 8 Lines 29-30]. Maguire discloses that the method comprises the use of a protrusions (projections 94a in Figure 7) from the separator accommodated in a hole of one of the case walls (“aperture 126”, further shown in Figure 7) [Column 6 Lines 7-11]. Thus, Maguire discloses separators disposed between the battery cells in an array, wherein the separators insulate the battery cells from each other, and the separators comprise a protrusion fitted into a hole.
Regarding Claim 7, as best understood by the examiner, Maguire discloses, as shown in Figure 7, that the hole (aperture 126) is a rectangular shape having four inner side surfaces (lengthwise of the array), overlapping the plurality of power storage devices. Maguire discloses that one surface (upper surface 130) of the protrusions (projections 94a) is in contact with one side of the hole (aperture 126) [Column 6 Lines 12-14] which limits the separator movement. Maguire further discloses that the projections can be larger such that a second surface (lower surface 134) of the protrusions (projections 94a) is in contact with the hole [Column 6 Lines 19-22], and later discloses that the hole (aperture) more closely matches the dimensions of the protrusions (projections) (Column 6 Lines 32-35], thus Maguire discloses a protrusion of the separator in contact with two inner side surfaces of the hole, where the two inner side surfaces face each other. This is further illustrated in Annotated Partial Figure 7 below.
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Annotated Partial Figure 7
Maguire discloses that this configuration is desirable to further limit the movement of the separator [Column 6 Lines 19-22; Column 6 Lines 32-35].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select the preferred embodiment of Maguire wherein the protrusion contacts two inner surfaces of the hole, the two inner surfaces facing each other, to achieve a battery array with even further limited movement of the separators.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E GOULD whose telephone number is (571)270-1088. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.E.G./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 2 February 2026