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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/16/2026 has been entered.
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), Fujii’409 (US20150144409A1) 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. 7) the fifth portion containing a recess that is in abutment with a recess in the first and second 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’s stance is that this equal and opposite action results in 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.
In regards to 7) Fujii’409 teaches of a battery stack in a first direction with a first and second portion (3), third and fourth portion along a second direction (4), a fifth portion (8A) and sixth portion (BP) along a third direction [fig. 3 and 13F, Fujii’409]. Where the case containing the battery is designed with the intention to absorb force generated by the battery cells upon expansion [0015-0017, Fujii’409].
Fujii’409 additionally, depicts the first and second portion containing a recess in which a contact portion of the fifth portion is in abutment with the recess of the first and second portion in the first direction [fig. 2-4, 13D-F, 17-18, Fujii’409].
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Annotated fig. 17 and 18 of Fujii’409 depicting a first/second portion with a recess and a fifth portion with a contact portion that fits in the recess
One of ordinary skill within the arts would appreciate that Wünsche as presently modified, contains: 1) a fifth portion that is mechanically fastened to the first-fourth portion [as discussed above in the modification of Wünsche via Fujii]. 2) the stacks 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 [as discussed above in the modification of Wünsche via Ogawa].
A change to the shape/design of the first/second portion such that it possess a recess and such that the fifth portion contained a contact portion in abutment with the recesses would not result in the fifth portion performing differently., see MPEP 2144.04.IV.
Furthermore, one of ordinary skill within the arts would appreciate that Fujii’409 teaches of binding members (4, “third portion”/”fourth portion”) that wrap around the cells in the stacking direction [0061-0062, Fujii’409], such that connecting porting portions (4b) that are bent at about a right angle to engage with a press-fitted recess in the end plate (3, “first portion”/”second portion”) [0061-0062, Fujii’409]. One would additionally note that the “fifth portion” (8a) contains a similar connecting portion that is bent at about a right angle at both of its ends and engaged with a recess in the adjacent side the end plate (3, “first portion”/”second portion”) [fig. 1, 3-4, 18, Fujii’409].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Wünsche such that the fifth portion contained a contact portion that is in abutment with a recess in the first and second portions along the first direction. Barring criticality this would be a matter of mere change in shape, see MPEP 2144.04.IV. Additionally, one would also find it obvious as a means of having a (“fifth”) portion of the case spanning between the first and second portion to help wrap around with and engage with the two end plate portions [0061-0062, fig. 18, Fujii’409].
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 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].
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].
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive. See below for further details.
Applicant argues that the prior art does not teach on the newly amended limitations of claim 1 are not found to be persuasive. The examiner points to Fujii’409 to teach the newly presented limitations.
Applicant’s arguments in regards to the citation of Fujii for the now cancelled claims 6 and 13 are not persuasive as Fujii’409 is used to read on the amended limitations.
Applicant then argues that the submitted prior art does not teach the specific structural purpose (intended use) of that of the instant specification. The examiner notes that the prior art is not required to teach the same intended use of that of the instant specification.
There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference. Schering Corp. v. Geneva Pharm. Inc., 339 F.3d 1373, 1377, 67 USPQ2d 1664, 1668 (Fed. Cir. 2003), see MPEP 2112.II.
"[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999), see MPEP 2112.I.
Applicant then alleges the benefits of the present amendment by citing their instant specification. But does not provide the evidence required for these allegations to be persuasive.
Arguments presented by applicant cannot take the place of evidence in the record. See In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984); In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997) ("An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness."), see MPEP 2145.I
Applicant argues that their battery pack has “cost reduction, high energy density, and space saving” features. This argument is not persuasive as it is mere allegation with not support and additionally is arguing limitations that are not commensurate with the scope of claim 1.
Arguments presented by applicant cannot take the place of evidence in the record. See In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984); In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997) ("An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness."), see MPEP 2145.I
In response to applicant's argument that the references fail to show certain features of the invention are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 (filed 02/23/26). Jeon (US20230335846A1) 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.
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
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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