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 .
Status of Claims
Claims 1-11, 13-15, and 17-18 are pending
Claim 16 is canceled;
Claims 17-18 are new;
Claims 1, 2, and 13 are currently amended;
Claims 2-9 and 13-14 are in condition for allowance.
Status of Rejections and Objections Pending Since the Office Action of 02/05/2026
The 112(d) rejection of claim 16 is moot in view of the cancellation of claim 16;
The 102(a)(1) rejection of claims 1 and 10-11 is maintained;
The 103 rejection of claim 15 is maintained.
Response to Arguments
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive in regards to the rejection of claim 1. Applicant argues that Hayashi fails to teach the newly amended limitation of claim 1 of “wherein a portion of the side frame extends between the upper cover and the lower cover.” The Examiner respectfully disagrees. The end plate 41 of Hayashi, interpreted as the claimed side frame, is entirely between upper cover 51 and lower cover 56 (see Hayashi fig. 3, paragraph [0025]). As such, the entirety of the side frame extends between the upper cover and lower cover. As a portion is just a part of a whole, any arbitrary portion of the side frame 41 of Hayashi extends between the upper and lower covers.
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.
Claim 17 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(s) 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. The limitation “wherein the side frame is T-shaped” is not supported by the instant specification as filed. The instant specification makes no mention of a “T-shape”, instead describing “the side frame may include, on the other side, a protrusion extending in a horizontal direction to the edge portions of each of the upper cover and the lower cover” (pg. 3, Technical Solution). Further, the drawings fail to show a T-shape. Figures 5 and 7-9 show the side frame with the protrusion described in the written instant specification. The side frame does not form a T-shape, as a T-shape effectively includes two perpendicular bars connected to one another, wherein one bar is centered on the edge of the long side of the other (or intersecting at the center if interpreted as a lowercase T-shape). The drawings do not show a centered bar. The instant specification fails to describe the protrusion at the center of the side frame. Therefore, the limitation “wherein the side frame is T-shaped” is not supported by the instant specification as originally filed.
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.
Claim 17 is 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 17 includes the limitation “wherein the side frame is T-shaped.” It is unclear whether this limits a T-shape to only an uppercase T-shape, only a lowercase T-shape, or both. The instant specification fails to describe the T-shape to make this limitation clear.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi (US-20100112424-A1).
Regarding claim 1, Hayashi teaches a battery pack, comprising: a pack cover including: an upper cover (fig. 3; [0028] upper restraint band 51) and a lower cover (fig. 3; [0028] lower restraint band 56; alternatively [0031] lower casing 33 when the non-pictured embodiment is used that excludes 56 [0029]) and having an empty space inside (fig. 3), edge portions of each of the upper cover and the lower cover being coupled to each other (fig. 3; [0028] coupled at pin member 58; interpreting anything outside the battery module case 34 as the edge portion of the upper and lower covers); and a battery module including: a plurality of battery cells (fig. 3; [0024] battery cells 21), a module case in which the plurality of battery cells is received (fig. 3 [0024] battery holder 34), and a side frame having a first side ([0025] end plate 41), an entirety of the first side being outside the module case and directly contacting an exterior surface of a first side of the module case (fig. 3; [0025] end plate 41 is fully outside module case 34 and the first side fully directly contacts exterior surface of 34) and a second side interposed between the upper cover and the lower cover and configured to be coupled to the edge portions of each of the upper cover and the lower cover (fig. 3 [0025] the second side of end plate 41 is between the upper and lower covers 51 and 56 outside of the battery module, interpreted as the edge portions, and directly contacting, and therefore coupled to, the interpreted edge portions of 51 and 56), wherein the first side of the module case is between the first side of the side frame and the plurality of battery cells (fig. 3 [0024] module case 34 first side is between the plurality of battery cells and the side frame (end plate 41)), wherein a portion of the side frame extends between the upper cover and the lower cover ([0025]; fig. 3 end plate/side frame 41 in its entirety is between the upper cover 51 and the lower cover 56, therefore a portion (the entirety of the side frame or arbitrarily choosing a portion of the side frame) of the side frame 41 extends between the upper and lower covers).
Regarding claim 10, Hayashi teaches all of the limitations of claim 1. Hayashi also teaches an electronic device comprising at least one battery pack of claim 1 ([0019]-[0020]).
Regarding claim 11, Hayashi teaches all of the limitations of claim 1. Hayashi also teaches a vehicle comprising at least one battery pack according to claim 1 ([0020]; [0047]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi, as applied to claim 1 above, and further in view of Ju et al. (US-20200144570-A1), hereinafter Ju.
Regarding claim 15, Hayashi teaches all of the limitations of claim 1. Hayashi fails to teach wherein the side frame includes a first insertion portion having a recess, the first side of the module case inserted into the recess.
Ju is considered analogous to the claimed invention because they are in the same field of battery packs ([0002]). Ju teaches wherein the side frame includes a first insertion portion having a recess, the first side of the module case inserted into the recess (fig. 6; fig. 8).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hayashi such that the side frame includes a first insertion portion having a recess, the first side of the module case inserted into the recess. Doing so provides a way of securely mounting the battery module on the battery pack such as to improve energy density (Ju [0007]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi as applied to claim 1 above and further in view of Chi et al. (KR-20180113906-A), hereinafter Chi.
Regarding claim 18, Hayashi teaches all of the limitations of claim 1. Hayashi fails to teach wherein a fastener extends through the upper cover, the portion of the side frame and the lower cover.
Chi is considered analogous to the claimed invention because they are in the same field of battery packs ([0001]). Chi teaches wherein a fastener extends through the upper cover, the portion of the side frame and the lower cover (fig. 9; upper plate 130 interpreted as an upper cover, lower plate 140 interpreted as the lower cover, side plate 121 or 222 interpreted as a side frame, and the fastener B).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hayashi such that a fastener extends through the upper cover, the portion of the side frame and the lower cover. Doing so is a known way of securing an upper cover, side frame, and lower cover with the predictable result of attachment. Further, the mounting structure of Chi is capable of increasing both mechanical rigidity and energy density (Chi [0001]).
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
Regarding claim 2, Hayashi teaches a battery pack, comprising: a pack cover including: an upper cover (fig. 3; [0028] upper restraint band 51) and a lower cover (fig. 3; [0028] lower restraint band 56; alternatively [0031] lower casing 33 when the non-pictured embodiment is used that excludes 56 [0029]) and having an empty space inside (fig. 3), edge portions of each of the upper cover and the lower cover being coupled to each other (fig. 3; [0028] coupled at pin member 58; interpreting anything outside the battery module case 34 as the edge portion of the upper and lower covers); and a battery module including: a plurality of battery cells (fig. 3; [0024] battery cells 21), a module case in which the plurality of battery cells is received (fig. 3 [0024] battery holder 34), and a side frame having a first side ([0025] end plate 41), an entirety of the first side being outside the module case and directly contacting an exterior surface of a first side of the module case (fig. 3; [0025] end plate 41 is fully outside module case 34 and the first side fully directly contacts exterior surface of 34) and a second side interposed between the upper cover and the lower cover and configured to be coupled to the edge portions of each of the upper cover and the lower cover (fig. 3 [0025] the second side of end plate 41 is between the upper and lower covers 51 and 56 outside of the battery module, interpreted as the edge portions, and directly contacting, and therefore coupled to, the interpreted edge portions of 51 and 56), wherein the first side of the module case is between the first side of the side frame and the plurality of battery cells (fig. 3 [0024] module case 34 first side is between the plurality of battery cells and the side frame (end plate 41)). Hayashi also teaches wherein the upper cover includes a first edge portion bent down to wrap an upper surface and a side of the side frame (fig. 3), wherein the lower cover includes a second edge portion bent up to wrap a lower surface and the side of the side frame (fig. 3). Hayashi fails to teach wherein the side frame includes, on the second side, a protrusion extending in a horizontal direction to the edge portions of each of the upper cover and the lower cover, wherein the upper cover includes a first edge portion bent down to wrap an upper surface and a side of the protrusion, wherein the lower cover includes a second edge portion bent up to wrap a lower surface and the side of the protrusion, and wherein the protrusion, the first edge portion and the second edge portion are fastened to one another. The addition of a secondary source would not cure the deficiencies of Hayashi since the end plate of Hayashi, interpreted as the side frame of the instant application, helps generate a fastening force in the stacking direction of the battery cells in combination with restraint band 50 (Hayashi [0027]). Therefore, it would not be obvious even with secondary art to modify the shape of the end plate/side frame of Hayashi such that it includes a protrusion on the second side, as such a protrusion would affect the function of the end plate to produce the fastening force in the stacking direction of the battery cells in combination with restraint band 50 as presented in Hayashi. As such, claim 2 is objected to as being allowable if rewritten in independent form. Claims 3-9 are also allowed due to being dependent on claim 2.
Regarding claim 13, Hayashi teaches a battery pack, comprising: a pack cover including: an upper cover (fig. 3; [0028] upper restraint band 51) and a lower cover (fig. 3; [0028] lower restraint band 56; alternatively [0031] lower casing 33 when the non-pictured embodiment is used that excludes 56 [0029]) and having an empty space inside (fig. 3), edge portions of each of the upper cover and the lower cover being coupled to each other (fig. 3; [0028] coupled at pin member 58; interpreting anything outside the battery module case 34 as the edge portion of the upper and lower covers); and a battery module including: a plurality of battery cells (fig. 3; [0024] battery cells 21), a module case in which the plurality of battery cells is received (fig. 3 [0024] battery holder 34), and a side frame having a first side ([0025] end plate 41), an entirety of the first side being outside the module case and directly contacting an exterior surface of a first side of the module case (fig. 3; [0025] end plate 41 is fully outside module case 34 and the first side fully directly contacts exterior surface of 34) and a second side interposed between the upper cover and the lower cover and configured to be coupled to the edge portions of each of the upper cover and the lower cover (fig. 3 [0025] the second side of end plate 41 is between the upper and lower covers 51 and 56 outside of the battery module, interpreted as the edge portions, and directly contacting, and therefore coupled to, the interpreted edge portions of 51 and 56), wherein the first side of the module case is between the first side of the side frame and the plurality of battery cells (fig. 3 [0024] module case 34 first side is between the plurality of battery cells and the side frame (end plate 41)). Hayashi also teaches a fixed frame extending along a second side of the module case (fig. 3; [0025]; end plate 40). Hayashi fails to teach a cross beam coupled to an inner side of the lower cover, wherein the fixed frame is coupled to the cross beam. The addition of a secondary reference such as Yamazaki (JP-2016219262-A) would also fail to cure the deficiencies of Hayashi because, while Yamazaki does teach that a cross beam coupled to an inner side of the lower cover, wherein the fixed frame is coupled to the cross beam (Yamazaki fig. 3 cross beam 27 is coupled to an inner side of the lower cover 10 and to a side of the fixed frame bracket 21; [0032]), Hayashi would not be able to be modified such that a cross beam is coupled to an inner side of the lower cover. In Hayashi, there is no space between the fixed frame and the lower cover that could accommodate a cross beam (fig. 3; no space between fixed frame 40 and lower cover 56; [0025]; [0028]). Consequently, someone of ordinary skill in the art would not be motivated to combine the cross beam of Yamazaki with the battery pack of Hayashi. Therefore, claim 13 is objected to as being allowable if rewritten in independent form. Claim 14 is also allowed due to being dependent on claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 MADISON L KYLE whose telephone number is (571)272-0164. The examiner can normally be reached Monday - Friday 9 AM - 5 PM ET.
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, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.K./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
