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 .
Remarks
Claim 1 has been amended, claims 2-3 are cancelled, claims 4-12 are as previously presented, claims 13-14 are newly presented. Claims 1 and 4-14 are presently presented.
Status of objections and rejections
The rejection below has been modified as necessitated by the applicant’s amendments.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-9, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wünsche (US20210119282A1) in view of Fujii (US20130266840A1) and Ogawa (US20170047562A1).
In regards to claim 1, Wünsche discloses a power storage device comprising: a first stack of a plurality of power storage cells stacked in a first direction [fig. 3, Wünsche]; a second stack of a plurality of power storage cells stacked in the first direction [fig. 3, Wünsche]; and a case (200) that accommodates the first stack and the second stack [0060, fig. 3, Wünsche], wherein the first stack and the second stack are arranged side by side in a second direction orthogonal to the first direction [fig. 3, Wünsche], the case includes a first portion (210) and a second portion (220) facing respective end surfaces of the first stack and the second stack along the first direction [fig. 3, Wünsche], a third portion (240) and a fourth portion (242) facing respective side surfaces of the first stack and the second stack along the second direction, and a sixth portion (270) respectively facing an bottom surfaces of the first stack and the second stack along a third direction orthogonal to the first direction and the second direction [0006, fig. 3, Wünsche], each of the first portion and the second portion is a single member that has a rectangular shape including a long side along the second direction and a short side along the third direction [fig. 3, Wünsche], each of the first portion and the second portion includes a portion constituted of an extruded member extruded along the second direction [fig. 3, Wünsche], and the first portion and the second portion are respectively provided with a first cavity and a second cavity each extending along the second direction [0080, fig. 12, Wünsche].
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Annotated fig. 3, Wünsche depicting the first-fourth along with a first-third direction.
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Annotated fig. 3 Wünsche showing the extruded members on the first and second portion along the second direction.
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Annotated fig. 3 Wünsche showing the extruded members on the third and fourth portion along the first direction.
Wünsche further teaches of the frame profile having connection points for coupling connection points (217, 273) of the cooling plate (“sixth portion”) and/or module side plates (“first portion”, “second portion”, “third portion”, “fourth portion”) [0017, 0065, fig. 6, Wünsche]. Along with the cell stacks being compressed when they are fixed into the power storage device [0081, Wünsche].
However, Wünsche is explicitly silent to 1) a fifth portion on an upper surface of the first and second stack. 2) the first and second portion being in direct abutment with a respective end surface of the first and second stack. 3) the first and second portion receiving a force from the first and second stack in the first direction. 4) the first portion and the second portion are joined to each of the third portion, the fourth portion, the fifth portion, and the sixth portion by welding, adhering, or mechanical fastening. 5) the fifth portion is coupled to each of the first portion, the second portion, the third portion, and the fourth portion. 6) and the first stack and the second stack are directly supported by the case along the first direction with the force received by each of the first portion and the second portion in the first direction being transmitted to all of the third portion, the fourth portion, the fifth portion, and the sixth portion.
In regards to 1), 2), 4), and 5) Fujii discloses a power storage device with a tray (11) comprised of boundary frames (21, 22, 23, 24, 25, 26, 27, 31, 32, 34; equivalent to a “first portion”, “second portion”, “third portion”, “fourth portion”) made from extruded materials containing ducts (“cavity”) [0048-0051, 0054-00056 fig. 1-5, Fujii]. A heat exchange plate (“sixth portion”) facing the bottom surface of the stacked battery cells and a cover (63, “fifth portion”) facing the upper surface of the stacked battery cells are provided to support and enclose the battery [0063-0065, 0074, fig. 1-4, Fujii]. The cover (“fifth portion”) and the frames are connected to one another via bolts [fig. 4, Fujii]. Fujii further notes that the frame members are connected to one another [0050-0051, Fujii]. Finally, Fujii depicts the battery cell stack being in direct abutment with all of the surrounding frames [fig. 1 and 10, Fujii].
While Fujii does not explicitly state how the frame members are connected to each other. One of ordinary skill within the arts would appreciate that mechanical fastening would be a suitable method for joining to members together.
Prior to the effective filing date, one would find it obvious for the first and second portion to be connected to the third and fourth portion, in addition to the fifth and sixth portion via mechanical fastening such as bolts as this would ensure the two members are connected together. (4)
Additionally, prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that it A) comprised a cover (“fifth portion”) that was on an upper surface of the battery cells and B) connected to each of the first-fourth portion by means of mechanical fastening with bolts and nuts. Doing so provides covering for the upper surface of the battery and secures the cover to the frame [0074, Fujii]. (1 and 5)
Finally, one of ordinary skill within the arts would appreciate that if the first and second cell stack was in direct abutment with the first and second portion (such that there was no gaps or spaces) then one could minimize the size, weight, and cost of materials needed to construct the power storage device. As such, prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that each stack of battery cells was in direct abutment with the first and second portions of the power storage device as a way to save on size, weight, and material costs. (2)
In regards to 3) and 6) Ogawa teaches of a stack of battery cells where both ends are in direct abutment with a press member (30, “first portion” and “second portion”) [0020, fig. 2, Ogawa]. When the cell undergoes cell expansion due to the increase in internal pressure as a result of gas generation the it presses into the press member (30) and a pressure (“force”) is placed upon the pressing members and the connecting side frames (110) [0038-0039, fig. 2 and 7, Ogawa].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to have the first and second portion receive a force from the cell stack as this can be used to suppress cell expansion as a result of an increase in internal pressure and gas generation [0038-0039, Ogawa]. (3)
In regards to 6) the examiner would like to note that it appears the applicant is attempting to describe a system that utilizes static equilibrium and Newton’s third law of motion. In order for the stack to be supported by the case, the case must be in a static equilibrium so that it does not fall apart. The force experienced by first and second portion being distributed by the third through sixth portion is a result of Newton’s third law of motion. Because the first and second portions are connected and in contact with the third through sixth portion any force that is exerted on the first or second portion would also be distributed through those portions connected to it.
There are two ways in which the first and second portion can distribute force through the third through sixth portion. The first is when the first or second portion pushes against the third through sixth portion (as seen in fig. 2 and 7, Ogawa). The second is when the first or second portion pulls (such as when connected via a screw, nail, etc.) against the third through sixth portion. In the first case, when the first or second portion pushes the third through sixth portion the third through sixth portion will experience that force and push back on the first and second portion. In the second case, when the first and second portion are connected via a connecter such as a screw, nail, bolt, clamp, or something similar the first and second portion will push against the connecter and the connecter push against the third through sixth portion, which will then pull against the connecter, which in turn pulls on the first and second portion.
The examiner is interpreting this equal and opposite action to be a distribution of force along the third through sixth portion. Otherwise, if the force was not being distributed then the first and second portion would be pushed away from the third through sixth portion. Furthermore, everything is connected and thus a force, at least to some extent, is transmitted throughout.
Regarding claim 4, Wünsche as modified above discloses the power storage device, wherein each of the third portion and the fourth portion includes a portion constituted of an extruded member extruded along the first direction [fig. 3, Wünsche].
Regarding claim 5, Wünsche as modified above is silent to the third and fourth portion being made of cavities.
However, both Wünsche and Fujii note the use of “cavities” as a means for having a coolant pass through [0068-0069, fig. 7, Wünsche; 0077-0079, fig. 12, Fujii]. Wherein Fujii has ducts (“cavities”) along all the frame members [0077-0079, fig. 12, Fujii].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that the third and fourth portion possessed cavities. Doing so can allow for coolant to flow through the frames to cool the battery stacks [0078, Fujii].
Regarding claim 6, Wünsche as modified above discloses the power storage device wherein the fifth portion includes a contact portion in abutment with the first portion and the second portion in the first direction [fig. 11, Fujii].
Regarding claim 7, Wünsche as modified above discloses the power storage device, wherein the sixth portion includes a cooling plate in which a cooling medium path is formed [0061-0062, fig. 3, Wünsche].
Regarding claim 8, Wünsche as modified above discloses the power storage device, wherein the sixth portion includes a portion constituted of an extruded member extruded along the first direction, and the cooling medium path extends along the first direction [fig. 6, Wünsche].
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Annotated fig. 6, Wünsche showing an extruding member on the sixth portion
Regarding claim 9, Wünsche as modified above discloses the power storage device, wherein each of bottom surfaces of the plurality of power storage cells is in contact with the sixth portion [0061, Wünsche].
Regarding claim 11, Wünsche as modified above discloses the power storage device, wherein a spacer (250) is provided at the center of the sixth portion in the second direction [fig. 3-4, Wünsche].
Regarding claim 13, Wünsche as modified above discloses the power storage device wherein each of the third portion and the fourth portion includes a portion constituted of an extruded member extruded along the first direction [fig. 3, Wünsche], the fifth portion includes a contact portion in abutment with the first portion and the second portion in the first direction [fig. 11, Fujii], the sixth portion includes a cooling plate in which a cooling medium path is formed [0067-0071, fig. 7-10 Wünsche], the sixth portion includes a portion constituted of an extruded member extruded along the first direction [fig. 6, Wünsche], and the cooling medium path extends along the first direction [fig. 7-10, Wünsche], and each of bottom surfaces of the plurality of power storage cells is in contact with the sixth portion[0061, Wünsche].
Wünsche is silent to the third and fourth portion being made of cavities.
However, both Wünsche and Fujii note the use of “cavities” as a means for having a coolant pass through [0068-0069, fig. 7, Wünsche; 0077-0079, fig. 12, Fujii]. Wherein Fujii has ducts (“cavities”) along all the frame members [0077-0079, fig. 12, Fujii].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that the third and fourth portion possessed cavities. Doing so can allow for coolant to flow through the frames to cool the battery stacks [0078, Fujii].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Wünsche as applied to claim 1 above, and further in view of Leong (US20160198071A1).
Regarding claim 10, modified Wünsche discloses the power storage device wherein the fifth portion (63) is in abutment with each of the outer periphery of the tray [0074, fig. 1, Fujii’s description reads on a fifth portion being in abutment with a first portion, the second portion, the third portion, and the fourth portion]. Along with a fastening member extends through the fifth portion and is fixed to the first portion [fig. 11, Fujii].
Modified Wünsche is silent to the fifth portion using an adhesive or sealing layer being interposed between the fifth portion and the abutted first, second, third, and fourth portion.
However, Leong discloses an imaging device which includes a housing defining an interior space in which a cover (fifth portion) is adhered to walls of a housing (equivalent to a first, second, third, and fourth portion) [0005, Leong]. The adhesive layer (32) is interposed between the fifth portion (cover, 28) and each of the edge (38) of each of the first, second, third, and fourth portion (the four walls of the housing (12) are equivalent to a first, second, third, and fourth portion) as the fifth portion is placed in abutment with each of the first, second, third, and fourth portion [0026, fig. 2, 7, Leong].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to further modify Wünsche such that the fifth portion additionally contained an adhesive layer disposed between the fifth portion (cover) and the edges of the first, second, third, and fourth portion (edges of housing) as disclosed by Leong. Doing so would allow for one to hold together the surface of the cover and the housing [0022, Leong].
Claim(s) 12 are rejected under 35 U.S.C. 103 as being unpatentable over modified Wünsche as applied to claim 1 and 4 above and in further view of Blumel (US20210273285A1).
Regarding claim 12, Modified Wünsche discloses the framework of the battery pack is mounted to a vehicle and that a mechanical connection is connected through the carrier framework of the battery pack [0007, Wünsche].
However, they are explicitly silent to the power storage device, wherein the sixth portion includes a first bottom surface portion, a second bottom surface portion, and a third bottom surface portion, the first bottom surface portion is coupled to the first portion and the second portion, the second bottom surface portion is coupled to the third portion, the third bottom surface portion is coupled to the fourth portion, and the first bottom surface portion, the second bottom surface portion, and the third bottom surface portion are combined with each other to form the sixth portion.
Blumel discloses a sixth portion (180) containing a first, second, and third bottom surface portion [fig. 4, Blumel]. The first bottom surface portion is coupled to the first and second portion [0056-0057, fig. 4, Blumel]. The second bottom surface portion is coupled to the third portion [0056-0057, fig. 4, Blumel]. The third bottom surface portion is coupled to the fourth portion [0056-0057, fig. 4, Blumel]. And the first, second, and third bottom surface portion are combined such that the form a sixth portion [fig. 4, Blumel].
The examiner notes that Blumel teaches of a way in which the sixth portion (bottom surface) of a power storage device may be connected to the outer frame (first, second, third, and fourth portion) of the power storage device. This description reads on the applicants claimed language.
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Annotated figure 4, Blumel
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that the sixth portion (bottom surface) of the power storage device was connected to the outer frame (first, second, third, and fourth portion) of the power storage device. Doing so would provide one with an battery frame for a power storage device [0056-0057, Blumel].
Claim(s) 14 are rejected under 35 U.S.C. 103 as being unpatentable over modified Wünsche as applied to claim 13 above and in further view of Blumel (US20210273285A1) and Leong (US20160198071A1).
Regarding claim 14, modified Wünsche discloses the power storage device, wherein the fifth portion is in abutment with each of the first portion, the second portion, the third portion, and the fourth portion[0074, fig. 1, Fujii’s description reads on a fifth portion being in abutment with a first portion, the second portion, the third portion, and the fourth portion]. a fastening member extends through the fifth portion and is fixed to the first portion [fig. 11, Fujii], a spacer (250) is provided at the center of the sixth portion in the second direction [fig. 3-4, Wünsche], and the sixth portion includes a first bottom surface portion, a second bottom surface portion, and a third bottom surface portion, the first bottom surface portion is coupled to the first portion and the second portion, the second bottom surface portion is coupled to the third portion, the third bottom surface portion is coupled to the fourth portion, and the first bottom surface portion, the second bottom surface portion, and the third bottom surface portion are combined with each other to form the sixth portion.
Modified Wünsche discloses the framework of the battery pack is mounted to a vehicle and that a mechanical connection is connected through the carrier framework of the battery pack [0007, Wünsche].
However, Modified Wünsche is silent to 1) the specifics of how the sixth portion is connected to the first-fourth portion and 2) an adhesive/sealing layer between the fifth portion and the first-fourth portion.
In regards to 1) Blumel discloses a sixth portion (180) containing a first, second, and third bottom surface portion [fig. 4, Blumel]. The first bottom surface portion is coupled to the first and second portion [0056-0057, fig. 4, Blumel]. The second bottom surface portion is coupled to the third portion [0056-0057, fig. 4, Blumel]. The third bottom surface portion is coupled to the fourth portion [0056-0057, fig. 4, Blumel]. And the first, second, and third bottom surface portion are combined such that the form a sixth portion [fig. 4, Blumel].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that the sixth portion (bottom surface) of the power storage device was connected to the outer frame (first, second, third, and fourth portion) of the power storage device. Doing so would provide one with an battery frame for a power storage device [0056-0057, Blumel].
In regards to 2) Leong discloses an imaging device which includes a housing defining an interior space in which a cover (fifth portion) is adhered to walls of a housing (equivalent to a first, second, third, and fourth portion) [0005, Leong]. The adhesive layer (32) is interposed between the fifth portion (cover, 28) and each of the edge (38) of each of the first, second, third, and fourth portion (the four walls of the housing (12) are equivalent to a first, second, third, and fourth portion) as the fifth portion is placed in abutment with each of the first, second, third, and fourth portion [0026, fig. 2, 7, Leong].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to further modify Wünsche such that the fifth portion additionally contained an adhesive layer disposed between the fifth portion (cover) and the edges of the first, second, third, and fourth portion (edges of housing) as disclosed by Leong. Doing so would allow for one to hold together the surface of the cover and the housing [0022, Leong].
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive. See below for further details.
Applicant’s arguments with respect to Kim (US20110262797A1) have been considered but are moot because the new ground of rejection does not rely on this reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that the present application should be allowable as a result of claim 1 being amended to include two cell stacks arranged side by side along a horizontal (second) direction. Wünsche reads on this limitation.
Applicant argues that the present application should be allowable as a result of the limitation of the cell stack being in direct abutment with the first and second portion. The examiner notes that if an object is in abutment with a second object then they are in direct abutment. Fuji depicts a cell stack in direct abutment with a frame member defining the outer boundaries of the power storage device (“first portion” and “second portion”).
Blumel was and is not relied upon for claim 1 as such any argument related to Blumel in claim 1 are moot.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
No other arguments were presented, as such the examiner maintains their rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jeon (US20233335846A1) teaches of a frame for a battery pack containing cavities and extruding portions. Rowley (US20180154754A1) teaches of a battery case with cavities and six portions connected to each other.
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 QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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, Miriam Stagg can be reached at 5712705256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUINTIN D. ELLIOTT/Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724