DETAILED ACTION
Response to Amendment
Claims 1 and 4-13 are currently pending. Claims 2 and 3 are cancelled. New claim 13 has been added. The previously stated 112, 1st paragraph rejection of claims 1 and 4-12 is withdrawn. The amended claim 1 does overcome the previously stated 103 rejections. However, upon further consideration, claims 1 and 4-12 are rejected under the following new 103 rejections.
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.
Claims 1, 4, and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al (KR 201500086680 A, machine translation) in view of Kobayashi et al (JP 2016096080 A, machine translation).
Regarding claims 1, 4, and 8-13, Jung et al discloses an electric vehicle comprising: a battery pack comprising:
at least one battery module assembly comprising at least one battery cell;
a tray assembly “500” (case tray) configured to support the battery module assembly;
a cover member “300” (case cover) coupled to the tray assembly such that the at least one battery module assembly is located between the tray assembly and the cover member;
a gasket “400” (sealing gasket) disposed between an edge of the tray assembly and an edge of the cover member and rests on a surface of the tray assembly to prevent penetration of moisture or foreign substances into the battery module assembly;
wherein the gasket comprises:
a continuous unit member (gasket band) corresponding to shapes of the edge of the tray assembly and the edge of the cover member, the continuous unit member having a first surface facing the tray assembly, a second surface facing the cover member, and a pair of edge surfaces connecting the first surface and the second surface; and
a plurality of third through holes “440” (fastening portion) on the gasket, each third through hole configured to receive fastening member (fastener) for coupling the tray assembly and the cover member, wherein the third through holes protrude from the continuous unit member (gasket band) in a direction toward the edge of the tray assembly and the edge of the cover member (in a same direction as the protrusion direction of the at least one position guide); wherein a portion of the surface extending outwardly from the continuous unit member (gasket band) is planar ([0060],[0067], [0083],[0084] and Figs. 1 and 4).
However, Jung et al does not expressly teach a gasket comprising at least one position guide configured to guide positioning of the sealing gasket between the case tray and the case cover when the case tray and the case cover are coupled to each other; wherein the at least one position guide is provided between the plurality of fastening portions, the at least one position guide protruding from one of the pair of edge surfaces of the gasket band in a direction normal to the one of the pair of edge surfaces by a predetermined length, the at least one position guide does not extend beyond edges of the case tray and the case cover (claim 1); wherein the sealing gasket further comprises an elastic bead formed on an outer circumferential surface of the gasket band, the elastic bead being elastically deformable when the case tray and the case cover are coupled to each other (claim 4); wherein the at least one position guide is provided as a plurality of position guides, and wherein the plurality of position guides are provided as at least one or more position guides between adjacent fastening portions of the plurality of fastening portions (claim 9).
Kobayashi et al discloses a plurality of extension portions “113a” (position guide) protruding from one of the edge surface of the thick portion “111” (gasket band) in a direction normal to the one of the edge surface by a predetermined length; wherein the extension portions may be configured to extend from the thick portion toward the outside of the case (in a same direction as the protrusion direction of the fastening portions), wherein the extension portions are provided between a plurality of fastening portions, wherein the at least one extension portion is provided as a plurality of extension portions, wherein the extension portions does not extend beyond the edges of the battery covers “51” & “61” (case tray and case cover); wherein the thick portion (gasket band) comprises an elastic bead formed on an outer circumferential surface of the gasket band, the elastic bead being elastically deformable when the battery covers are coupled to each other ([0080],[0084],[0091],[0092] and Figs. 10 and 12).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Jung gasket to include at least one position guide configured to guide positioning of the sealing gasket between the case tray and the case cover when the case tray and the case cover are coupled to each other; wherein the at least one position guide is provided between the plurality of fastening portions, the at least one position guide protruding from one of the pair of edge surfaces of the gasket band in a direction normal to the one of the pair of edge surfaces by a predetermined length, the at least one position guide does not extend beyond edges of the case tray and the case cover; wherein the sealing gasket further comprises an elastic bead formed on an outer circumferential surface of the gasket band, the elastic bead being elastically deformable when the case tray and the case cover are coupled to each other; wherein the at least one position guide is provided as a plurality of position guides, and wherein the plurality of position guides are provided as at least one or more position guides between adjacent fastening portions of the plurality of fastening portions in order to provide a storage battery unit which makes misalignment of a seal member less likely to occur during product assembly and enable a worker to check if the seal member is correctly placed (Abstract). In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Jung/Kobayashi gasket to include a protrusion length of the at least one position guide that is at least as long as a protrusion length of the plurality of fastening portions, wherein the at least one position guide has a protrusion length from the gasket band that is at least the same as protrusion lengths of the plurality of fastening portions from the gasket band because changes in size/proportion was held to have been obvious (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)). There is no evidence of criticality of the claimed protrusion lengths of the position guide and fastening portions.
Regarding claims 11 and 12, Kobayashi also discloses an additional extension portion (guide) located on a side of the gasket band opposite a side of the gasket band where the at least one position guide is located and a guide bead “111” at the at least one position guide ([0099] and Fig. 12).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al in view of Kobayashi et al as applied to claim 4 above, and further in view of Yamamoto (US 2013/0249173). In addition, Kobayashi et al also discloses extension portions (position guide) that is spaced apart from the band bead “111” so as not to interfere with the band bead (Fig. 12).
However, Jung et al as modified by Kobayashi et al does not expressly teach an elastic bead comprising: a band bead on the outer circumferential surface of the gasket band; and a fastening bead on outer circumferential surfaces of the plurality of fastening portions (claim 5); wherein the band bead extends in a longitudinal direction of the gasket band (claim 7).
Yamamoto discloses an elastic bead comprising: a mountain portion “122” (band bead) formed on the outer circumferential surface of a main body portion; and end portions “151” (fastening bead) formed on outer circumferential surfaces of the plurality of fastening portions “14”; wherein the band bead extends in a longitudinal direction of the main body portion (gasket band) ([0037]-[0039],[0041] and Figs. 1, 4, 5, and 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Jung/Kobayashi gasket to include an elastic bead comprising: a band bead on the outer circumferential surface of the gasket band; and a fastening bead on outer circumferential surfaces of the plurality of fastening portions, wherein the band bead extends in a longitudinal direction of the gasket band in order to provide a gasket with good stability after the installation and can be compressed highly by a low reaction force and has high reliability (Abstract).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 4-13 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
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.
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/T.S.C/Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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