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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/26/2025 has been entered.
Remarks
Claims 1 have been amended, claims 2-3 are as previously presented. Claims 4-5 are newly added. Claims 1-5 are currently examined.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa (JP2013246990A) and in view of Chen (WO2021107305A1).
Regarding claim 1, Nishikawa discloses a power storage device comprising: a power storage stack (9) including a plurality of power storage cells (1) aligned in an alignment direction [0028, fig. 1-4, Nishikawa]; an accommodation case (6) that has a bottom wall portion (4) and accommodates the power storage stack [0039, fig. 2, Nishikawa]; and an adhesive layer that has thermal conductivity and is disposed on the bottom wall portion [0082, Nishikawa discloses that the elastic plate portion (“bottom wall portion”) may be fixed to the battery cells via an adhesive]. The examiner asserts, that an adhesive would possess “thermal conductivity”, regardless of low or high thermal conductivity, this use of an adhesive would still possess “thermal conductivity”]. Moreover, because the bottom wall portion 4 incorporates a cooling means it would be obvious to one of ordinary skill in the art at the time filing to use a thermally conductive adhesive to maximize cooling between cells (1) and cooling means (3) (fig. 2). The bottom wall portion (4) including a fixed portion (4X) where the power storage stack is fixed with the adhesive layer [0082, Nishikawa discloses attaching the contact portion of the elastic plate (“bottom wall portion”) to the cell body], a lower wall portion (4Y) located at a position lower in level than the fixed portion (4X) [fig. 2, 6, 9, 11, Nishikawa], and a connecting portion (4 extending between 4X and 4Y) that interconnects the fixed portion and the lower wall portion [fig. 2, 9, 11, Nishikawa].
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Annotated figure. 11, Nishikawa
Nishikawa is explicitly silent to the following 1) the adhesive layer including a protruding portion that protrudes from the fixed portion to the connecting portion and is not in contact with a bottom surface of the storage cell. 2) the connecting portion is arranged to cross a plane extending in a vertical direction and defined by a surface of at least one of the plurality of power storage cells that is perpendicular to the alignment direction when viewed from a direction perpendicular to the alignment direction and the vertical direction.
In regards to 1), Chen discloses a thermally conductive resin (“adhesive layer”) with higher than thermal conductivity than general adhesives being disposed between the battery cells and a bottom wall portion (33) [0053-0058, fig. 3-5, Chen]. Chen further teaches that thermally conductive resin has a viscosity and spreads when the weight of the cells is placed upon them [0064, Chen].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Nishikawa such that the adhesive used was the thermally conductive resin adhesive disclosed by Chen. Doing so would allow for higher thermal conductivity than normal adhesives and the adhesive would spread out as the cells was being placed upon it [0064, Chen]. One would also find it obvious to not use enough adhesive to ensure the adhesive covers the entire surface area of the fixed portions 1X/4X (fig. 11) because too little adhesive will result in poor adhesion and reduced thermal conductivity [0064, Chen]
One of ordinary skill in the art would understand that this spreading out taught by Chen ([0064]) will result in the adhesive spreading to the connecting portion (4D). The adhesive that spreads to the connecting portion would read on an “adhesive layer including a protruding portion that protrudes from the fixed portion and does not touch the cell”. It is within the skill of the artisan to control the amount of adhesive to provide enough adhesion while limiting excessive weight and waste.
In regards 2), Nishikawa teaches in a disclosed embodiment that the width of the elastic plate (4) is smaller than that of the width of the battery and does not come in contact with the adjacent battery [0046, Nishikawa]. Additionally, the battery cells (1), elastic plates (4), and cooling pipes (13) are thermally connected to one another thereby cooling the batteries [0049, Nishikawa].
Prior to the effective filing date, one of ordinary skill within the arts would appreciate that if the width of the elastic plate (4) was larger than the width of the battery then this would insure maximum surface area contact between the bottom surface of the battery and the top surface of the elastic plate. One of ordinary skill within the arts would also appreciate that increased surface area contact between the cooling device (4/13) and the battery (1) would result in improved cooling while minimal surface area coverage would decrease cooling efficiency.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to increase the surface area coverage between the battery cell and elastic plate by having the width of the elastic plates of Nishikawa extend past the width of the battery cell. Doing so would improve the cooling effect of the battery. Additionally, one of ordinary skill within the arts would also find it obvious to have the width of the elastic plates of Nishikawa extend past the width of the battery cell as a matter of mere change in shape or size/proportion, see MPEP 2144.04.IV
The examiner notes that in the present modification the connecting portion would extend past a surface of the battery when viewed from a direction perpendicular to the alignment direction and the vertical direction [see examiners figure].
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Left) annotated fig. 11, Nishikawa of the battery cell with the elastic plate with a fixed portion, connecting portion, lower wall and cooling pipes a view along the alignment direction. Right) the examiner’s figure depicting modified Nishikawa in which the elastic plate if wider than the width of the battery cell when view from a direction perpendicular to the alignment direction and vertical plane.
Regarding claim 2, Nishikawa as modified above discloses the power storage device, wherein the fixed portion includes a first portion (4Xd) where the power storage stack has one side fixed in an intersecting direction intersecting the alignment direction [fig. 11-12, Nishikawa], a second portion (4Xd) where the power storage stack has the other side fixed in the intersecting direction [fig. 11-12, Nishikawa], and a recess (4Yd) provided between the first portion and the second portion [fig. 11-12, Nishikawa].
Regarding claim 3, Nishikawa as modified above discloses the power storage device, further comprising a cooler (23, 230, 330) that is disposed outside the accommodation case and cools the power storage stack [fig. 1, 37 and 39, Nishikawa], wherein the cooler includes a cooling portion having a cooling channel (13, 203) through which a cooling medium passes [0004, Nishikawa], and the cooling portion is disposed in thermal contact with a back surface of the fixed portion [0019, 0046, 0049, figs. 6-25, Nishikawa discloses and depicts that the cooling plate is connected to the back side of the elastic plate (includes “fixing portion” as discussed above). This reads on the applicants claim limitations].
Claim(s) 1, 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osterman (US6617973B1) and in view of Chen (WO2021107305A1).
Regarding claim 1, Osterman teaches a power storage device comprising: a power storage stack including a plurality of power storage cells (120) aligned in an alignment direction [col 4, line 17-23, fig. 3, Osterman]; an accommodation case that has a bottom wall portion and accommodates the power storage stack [fig. 3, Osterman]; the bottom wall portion including a fixed portion where the power storage stack is fixed [fig. 3, Osterman], a lower wall portion (140) located at a position lower in level than the fixed portion [col 4, line 17-24, fig. 3, Osterman], and a connecting portion (150) that interconnects the fixed portion and the lower wall portion [col 4, line 35-45, fig. 3, Osterman].
Osterman is explicitly silent to the following 1) the use of an adhesive layer including a protruding portion that protrudes from the fixed portion to the connecting portion and is not in contact with a bottom surface of the storage cell. 2) the connecting portion is arranged to cross a plane extending in a vertical direction and defined by a surface of at least one of the plurality of power storage cells that is perpendicular to the alignment direction when viewed from a direction perpendicular to the alignment direction and the vertical direction
In regards to 1), Chen discloses a thermally conductive resin (“adhesive layer”) with higher than thermal conductivity than general adhesives being disposed between the battery cells and a bottom wall portion (33) [0053-0058, fig. 3-5, Chen]. Chen further teaches that thermally conductive resin has a viscosity and spreads when the weight of the cells is placed upon them [0064, Chen].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Osterman such that the adhesive used was the thermally conductive resin adhesive disclosed by Chen. Doing so would allow for higher thermal conductivity than normal adhesives and the adhesive would spread out as the cells was being placed upon it [0064, Chen]. One would also find it obvious to not use enough adhesive to ensure the adhesive covers the entire surface area of the fixed portions because too little adhesive will result in poor adhesion and reduced thermal conductivity [0064, Chen]
One of ordinary skill in the art would understand that this spreading out taught by Chen ([0064]) will result in the adhesive spreading to the connecting portion (150). The adhesive that spreads to the connecting portion would read on an “adhesive layer including a protruding portion that protrudes from the fixed portion and does not touch the cell”. It is within the skill of the artisan to control the amount of adhesive to provide enough adhesion while limiting excessive weight and waste.
In regards to 2) one of ordinary skill within the arts prior to the effective filing date would appreciate that by reducing excess space within the accommodation case one could minimize material costs. One of ordinary skill within the arts would further appreciate that the excess space within the case could be shrunken to where one surface of one of the plurality of power storage cells is crosses over the connecting portion without fear of the battery cell falling over [see annotated figure 3, Osterman].
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Annotated fig.3 Osterman depicting a decrease in the size of the case such that a surface of one of the plurality of battery cells is crosses over the connecting portion. Viewed from a direction perpendicular to the alignment and vertical directions.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Osterman such that excess space with the accommodation case was reduced to the point where one surface of the plurality of batteries crossed over the connecting portion. Doing so would reduce materials costs. Furthermore, one of ordinary skill within the arts would find it obvious to modify Osterman such that excess space with the accommodation case was reduced to the point where one surface of the plurality of batteries crossed over the connecting portion. Doing so would be a matter of mere change in shape or size/proportion, see MPEP 2144.04.IV.
Regarding claim 4, Osterman depicts a plurality of power storage cells stack in an alignment direction between a pair of ends [fig. 3, Osterman], and the fixed portion extends continuously between the pair of ends [fig. 3, Osterman].
Regarding claim 5, Osterman depicts where the lower wall portion is positioned beyond one of the pair of ends of the power storage stack in the alignment direction [fig. 3, Osterman]
Response to Arguments
Applicant's arguments filed 03/16/2026 have been fully considered but they are not persuasive. See below for additional details.
Applicant argues that Nishikawa and Chen fail to teach the amended claim limitation. However, as noted by the examiner in the rejection of claim 1 citing Nishikawa and Chen. The amended limitation would still be obvious to one of ordinary skill within the arts as outlined above in the rejection of claim 1. The examiner maintains that be extending the width of the elastic plate one would maximize surface area coverage and improve cooling. Furthermore, as noted above this amended limitation would be obvious as a matter of mere change in shape or size/proportion barring critical evidence.
The examiner maintains their rejection.
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 QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached on 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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