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 .
Claim Status
Claims 1 and 10 have been amended, and claims 1-14 and 16-20 are currently pending.
Drawings
The drawings submitted 07/06/2022 were received and are approved by the examiner.
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 1-14 and 16-20 are 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. Independent claims 1 and 10 have been amended to include the limitation “wherein the retaining element exerts a downward force opposite the first direction and towards the housing base on the plurality of battery terminals.” However, according to applicant’s specification, it is not the retaining element which “exerts a downward force,” but “the clamping device can exert a force onto the retaining element in the direction of the housing base,” (pg. 3, L 2-4). The force is then transferred from the retaining element to the battery cells in the housing. Further, it is never mentioned in the specification that the force is applied specifically to the battery terminals, merely on the battery cells (P. 13, L 16). For purpose of examination, so long as a retaining element is able to receive a force from a clamping element and apply that force onto battery cells, it will read on amended claims 1 and 10.
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.
Claim(s) 1, 4, 5, 7, 8-10, and 16 are rejected under 35 U.S.C. 1023 as being unpatentable over Wang et al. (U.S. 20220021064) in view of Yoshida et al. (U.S. 20220140434) and Terauchi et al. (U.S. 20210091349).
PNG
media_image1.png
746
793
media_image1.png
Greyscale
With respect to claim 1, Wang discloses a module housing assembly (exploded Fig. 3) for accommodating at least one battery cell (190) (Fig. 3), wherein the module housing assembly comprises:
a module housing (10) with a housing base (119 – second sub-casing), which delimits a receiving area for accommodating the at least one battery cell (190) with respect to a first direction (labeled) (Fig. 3- above), and two side plates (13 – end plates), which delimit the receiving area on both sides with respect to a second direction (labeled) (Fig. 3 – above);
wherein the module housing assembly includes:
a retaining element (118 – first sub-casing) for arrangement on the at least one battery cell (190) accommodated in the receiving area (Fig. 3), so that at least a first part of the retaining element (118) delimits the receiving area with respect to the first direction (labeled) on a side of the receiving area opposite the housing base (119) (Fig. 3); and
a clamping device (12 – fastening band), which extends at least from a first (labeled) of the side plates (13) to a second (labeled) of the side plates (13) on a side of the receiving area opposite the housing base (119) (Fig. 3 – above and Fig. 2), wherein the clamping device (12) is designed in such a way that the clamping device (12) can exert a force on the retaining element (118) in a direction of the housing base (119), if said retaining element (118) is arranged on the at least one battery cell (190) arranged in the receiving area (Fig. 3 – above);
wherein the retaining element (118) extends in a third direction which is perpendicular to the first direction and second direction such that the retaining element (118) covers a subset of a width of the upper side of the a least one battery cell (190) in the third direction (Fig. 3 – above); and
wherein the clamping device (12) exerts a downward force opposite the first direction and towards the housing base on the retaining element (118) and the plurality of battery cells (190) (Fig. 3; [0097]).
Wang does not disclose that the at least one battery ell having an upper side with a plurality of battery terminals, wherein the upper side of the at least one battery cell is arranged opposite to the housing base in the first direction. Instead, Wang discloses that the terminals are located on the sides of the cells, rather than on the top. However, applicant is reminded that a rearrangement of parts is only patentable when the rearrangement changes the operation of the invention (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this instance, the claim set is drawn to a retaining and clamping configuration for securing a battery module. Therefore, the rearrangement of the location of the battery terminals to be on a top of the module when arranged versus on a side does not change the operation of the module, nor of the restraining and clamping elements. Further, the prior art of Yoshida et al. discloses a module (1) with a retaining elements and teaches the battery terminals of the cells are on a top of the module (Fig. 2). Yoshida further teaches that this arrangement aids in allowing ducts to align with valves in the battery to discharge gas ([0030]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that the arrangement of battery terminals is not a patentable feature, and that modifying the location of the terminals of Wang to those of Yoshida in order to allow for the discharge of gas through the batteries of a terminal plate is an obvious modification.
Wang also does not disclose that the subset covered by the retaining element is less than the entire width of the upper side of the at least one battery cell, instead disclosing the retaining element (118) covers an entirety of the at least one battery cell (190) (Fig. 3 – above). However, applicant is reminded that a change in shape is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). The reason cited for the claimed shape of the retaining element is creating a more space-efficient retaining element, according to paragraph [0013] of applicant’s specification.
Terauchi discloses a retaining element (4 – binding bar) and teaches that the retaining element has a shape in which less material is used by utilizing areas (20) where cutouts or tapered regions are formed (Fig, 1). Terauchi further teaches that this shape reduces weight and cost for the retaining element ([0061]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that changing the shape of the retaining element disclosed by Wang to include less material as taught by Terauchi would result in a weight reduction of the retaining element.
With respect to claim 4, Wang discloses the retaining element (l18) has two side tabs (labeled) which adjoin the first part (labeled) of the retaining element (118) on both sides in the second direction (labeled) and extend in the direction of the housing base (119) and which, when the at least one battery cell (190) is accommodated in the receiving area, are each arranged between the at least one battery cell (190) and one of the respective side plates (13) (Fig. 2 and Fig. 3- above).
With respect to claims 5 and 16, Wang discloses the retaining element (118, part of casing 11) comprises a plastic ([0116]).
With respect to claim 7, Wang discloses the module housing (11) is mostly formed from a plastic ([0116]).
With respect to claim 8, Wang discloses a clamping device (12) and retaining element (118), but does not disclose that one of them has at least one releasable passage opening assigned to releasable degassing opening of the at least one battery cell, which passage opening is arranged in the first direction above the degassing opening of the at least one battery cell, in particular when the at least one battery cell in accommodated in the receiving area.
Yoshida discloses a retaining element (60 cover plate) (Fig. 2) and teaches the retaining element has at least one releasable passage opening (96 – openings) assigned to releasable degassing opening (24 – valve portion) of the at least one battery cell (2) (Fig. 2, [0061]), which passage is arranged above the degassing opening (24) of the battery cell (2) (Fig. 3). Yoshida further teaches that the openings (96) in the retaining element allow for the escape of gas so that excessive pressure within the module can be reduced, thus enhancing safety ([0063]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to include the releasable openings taught by Yoshida in the retaining element disclosed by Wang in order for allow gas to escape so that excessive pressure within the module can be reduced, thus enhancing safety.
With respect to claim 9, Wang discloses a battery module (1) with a module housing assembly according to claim 1 (see above rejection of claim 1) and at least one battery cell (190) accommodated in the receiving area (Fig. 3- above).
With respect to claim 10, Wang discloses a method for clamping a battery module (1), which has a module housing (10) with a housing base (119 – second sub-casing), which delimits a receiving area for accommodating the at least one battery cell (190) with respect to a first direction (labeled) (Fig. 3- above), and two side plates (13 – end plates), which delimit the receiving area on both sides with respect to a second direction (labeled) (Fig. 3 – above);
wherein the module housing assembly includes:
a retaining element (118 – first sub-casing) for arrangement on the at least one battery cell (190) accommodated in the receiving area (Fig. 3), so that at least a first part of the retaining element (118) delimits the receiving area with respect to the first direction (labeled) on a side of the receiving area opposite the housing base (119) (Fig. 3); and
a clamping device (12 – fastening band), which extends at least from a first (labeled) of the side plates (13) to a second (labeled) of the side plates (13) on a side of the receiving area opposite the housing base (119) (Fig. 3 – above and Fig. 2), wherein the clamping device (12) is designed in such a way that the clamping device (12) can exert a force on the retaining element (118) in a direction of the housing base (119), if said retaining element (118) is arranged on the at least one battery cell (190) arranged in the receiving area (Fig. 3 – above); and
wherein the clamping device (12) exerts a downward force opposite the first direction and towards the housing base on the retaining element (118) and the plurality of battery cells (190) (Fig. 3; [0097]).
Claim(s) 2, 6, 12, 14, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. in view of Yoshida et al. and Terauchi et al. as applied to claim 1 and further in view of Schaefer et al. (U.S. 20140087231).
With respect to claim 2, Wang discloses a housing base (119) (Fig. 3), but does not disclose the housing base is designed as a cooling base.
Schaefer discloses a module housing with a clamping device (8) providing tension and a housing base (3 – cooling plate) and teaches that the housing base (3) is a cooling base (Fig. 1). Schaefer further teaches that the housing base (3) acting as a cooling base helps to control the temperature of the cells from below ([0056]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that the housing base disclosed by Wang could be a cooling base as taught by Schaefer as means to cool the battery cells from below.
With respect to claim 6, Wang discloses the clamping device (12) is designed as at least one tensioning strap ([0006]), but does not disclose the material comprising the tensioning strap.
Schaefer discloses clamping elements (8 – clamping bands) that act as tensioning strap (Fig. 3[0068]) and teaches that the tensioning straps (8) are comprised of a fiber composite plastic including ceramic or diamond ([0015]). Schaefer further teaches that the fiber composite plastic is preferred as it conducts heat, which allows the clamping elements to assist with functions associated with the temperature control of the battery cells ([0014-0015]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that the tensioning straps disclosed by Wang could be formed of a fiber composite plastic as taught by Schaefer in order for the clamping element to assist with the temperature control of the battery cells.
With respect to claim 12, Wang discloses the retaining element (l18) has two side tabs (labeled) which adjoin the first part (labeled) of the retaining element (118) on both sides in the second direction (labeled) and extend in the direction of the housing base (119) and which, when the at least one battery cell (190) is accommodated in the receiving area, are each arranged between the at least one battery cell (190) and one of the respective side plates (13) (Fig. 2 and Fig. 3- above).
With respect to claim 14, Wang discloses the retaining element (118, part of casing 11) comprises a plastic ([0116]).
With respect to claim 17, 19, and 20, Wang discloses the clamping device (12) is designed as at least one tensioning strap ([0006]), but does not disclose the material comprising the tensioning strap.
Schaefer discloses clamping elements (8 – clamping bands) that act as tensioning strap (Fig. 3[0068]) and teaches that the tensioning straps (8) are comprised of a fiber composite plastic including ceramic or diamond ([0015]). Schaefer further teaches that the fiber composite plastic is preferred as it conducts heat, which allows the clamping elements to assist with functions associated with the temperature control of the battery cells ([0014-0015]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that the tensioning straps disclosed by Wang could be formed of a fiber composite plastic as taught by Schaefer in order for the clamping element to assist with the temperature control of the battery cells.
Claim(s) 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. in view of Yoshida et al. and Terauchi et al. as applied to claim 1 above, and further in view of Miyazawa et al. (JP 3952744B2).
With respect to claim 3, Wang discloses a retaining element (118) (Fig. 3), but does not disclose that the retaining element has a thickness in the first direction which carries along the second direction, in particular which decreases in the direction of the respective sides plate starting from a center of the retaining element with respect to the second direction.
Miyazawa discloses a retaining element (9 – end plate) secured via a clamping element (11 – belt) and teaches that the thickness of the retaining element (9) can be varied, or more specifically, that it can be thickest in the venter of the retaining element (9) and get thinner on the outsides (Fig. 6). Miyazawa further teaches that this allows for uniform pressure distribution along the retaining element (9) by clamping element (11) ([0036]). It is noted by the examiner that a similar reason is given in the instant application for the varying thickness of the retaining element, saying “… an especially homogeneous pressing force can be provided in the second direction. “ (page 5-6).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to change the shape of the retaining element disclosed by Wang to the varying thickness taught by Miyazawa in order to apply a uniform pressure from the clamping device on the retaining elements.
With respect to claim 13, Wang discloses the retaining element (l18) has two side tabs (labeled) which adjoin the first part (labeled) of the retaining element (118) on both sides in the second direction (labeled) and extend in the direction of the housing base (119) and which, when the at least one battery cell (190) is accommodated in the receiving area, are each arranged between the at least one battery cell (190) and one of the respective side plates (13) (Fig. 2 and Fig. 3- above).
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. as in view of Yoshida et al., Terauchi et al., and Schaefer et al. as applied to claim 2 above and in view of Miyazawa et al. as applied to claim 3 above.
With respect to claim 11, Wang discloses a retaining element (118) (Fig. 3), but does not disclose that the retaining element has a thickness in the first direction which varies along the second direction, in particular which decreases in the direction of the respective sides plate starting from a center of the retaining element with respect to the second direction.
Miyazawa discloses a retaining element (9 – end plate) secured via a clamping element (11 – belt) and teaches that the thickness of the retaining element (9) can be varied, or more specifically, that it can be thickest in the venter of the retaining element (9) and get thinner on the outsides (Fig. 6). Miyazawa further teaches that this allows for uniform pressure distribution along the retaining element (9) by clamping element (11) ([0036]). It is noted by the examiner that a similar reason is given in the instant application for the varying thickness of the retaining element, saying “… an especially homogeneous pressing force can be provided in the second direction. “ (page 5-6).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to change the shape of the retaining element disclosed by Wang to the varying thickness taught by Miyazawa in order to apply a uniform pressure from the clamping device on the retaining elements.
With respect to claim 18, Wang discloses the clamping device (12) is designed as at least one tensioning strap ([0006]), but does not disclose the material comprising the tensioning strap.
Schaefer discloses clamping elements (8 – clamping bands) that act as tensioning strap (Fig. 3[0068]) and teaches that the tensioning straps (8) are comprised of a fiber composite plastic including ceramic or diamond ([0015]). Schaefer further teaches that the fiber composite plastic is preferred as it conducts heat, which allows the clamping elements to assist with functions associated with the temperature control of the battery cells ([0014-0015]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed that the tensioning straps disclosed by Wang could be formed of a fiber composite plastic as taught by Schaefer in order for the clamping element to assist with the temperature control of the battery cells.
Response to Arguments
Applicant’s arguments, see pages 9-13 of response, filed 02/11/2026, with respect to the drawing objection have been fully considered and are persuasive. The drawing objection has been withdrawn.
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive.
Applicant’s arguments are premised on the assertion that the clamping mechanism of Terauchi would exert a force on the sides of the battery cells, not a downward force as claimed. However, Terauchi has not been relied upon to teach the combination of the clamping mechanism and retaining element to exert a force on the cells, but rather the location of the terminals. Wang has been relied upon to teach the clamping mechanism and retaining elements in previous actions, and was referenced herein to teach the downward force, which is made clear as Wang’s clamping mechanism is identical to that of the applicant’s in the form of a band or strap that encircles a bottom, top, and sides of a battery module, thus exerting a downward force from the clamping mechanism on the top of the module.
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 JORDAN E BERRESFORD whose telephone number is (571)272-0641. The examiner can normally be reached M-F 8:00 am - 5:00 pm EST.
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, Barbara Gilliam can be reached at (572)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.E.B./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights