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 .
In view of the appeal brief filed on 07/09/2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of claim 25 which recites a first busbar mechanical fastener and a second busbar mechanical fastener that respectively engage the first battery array and second battery array to secure the busbar and busbar cap to the respective first and second battery arrays must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Here, it is noted that the specification identifies the first busbar mechanical fastener and second busbar mechanical fastener in paragraph 0049, reciting “Mechanical fasteners (not shown) can extend through apertures 128 in the busbar 50 and busbar cap 120 to secure the busbar 50 and electrically couple the busbar 50 to the arrays 30.”, where it is indicated that the fasteners are not shown. Accordingly, if amended drawings are submitted which depict the claimed subject matter, an amendment to the specification may also be necessary, as these features would then be shown.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-10, 12, 14, and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ejiri (US 2013/0330579 A1)
Regarding Claim 1, Ejiri discloses a battery pack system comprising first and second battery arrays (Abstract, “In a battery block, a plurality of battery cells are arrayed, connected, and fixed, and the plurality of battery cells are separated into a plurality of sections, each of which includes a predetermined number of battery cells separated as one section by a section plate.”; Paragraph 0034, “battery cell arrays A and B.”) of a traction battery pack, disclosing traction battery structure through disclosing that their battery pack is suitable for electric vehicle use (Paragraph 0048). Additionally, Ejiri discloses a thermal barrier assembly disposed at least partially between the first and second battery arrays, shown in their figure 2, comprising battery holders 4, end plates 3, and cell spacers 6 (Paragraph 0025), with the thermal barrier assembly configured to block thermal energy movement from the first battery array to the second battery array, and from the second battery array to the first battery array, by means of cooling (Paragraph 0025, “In a horizontal direction on a surface of the cell spacer 6 that faces the battery holder 4 is formed a transverse groove, along which air is blasted to cool side faces of the battery cells 2, 2 held by the battery holder 4.”).
Additionally, Ejiri discloses a busbar 8 which is supported by, and interfacing directly with the thermal barrier assembly, as shown in their figure 2, where long busbar 8A rests on and extends directly across an end plate 3.
Regarding Claim 2, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, Ejiri discloses structure wherein the busbar electrically couples the first and second battery arrays (Paragraph 0034, “further connecting the positive electrode (negative electrode) of the battery cell 2 at a left end of array A and the negative electrode (positive electrode) of the battery cell 2 at a left end of array B via a long outside bus bar 8A,”).
Regarding Claim 3, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, Ejiri discloses structure which comprises a cross-member disposed between the first and second battery arrays, here the lower case 21, which has the required profile of a cross-member, consistent with the cross-member 66 depicted in the applicant’s figure 4. Here, where the battery array group 1 is placed above the lower case 21, the lower case 21 therefore extends laterally between the first and second battery arrays. Additionally, Ejiri discloses that the thermal barrier’s end plates 3 comprise feet 3a which are affixed to the lower case 21 by means of locking bolts (Paragraph 0056, “then the battery block 1 is fixed to the base 21a of the lower case 21 using the locking bolts and the feet 3 a and 5 a formed at the bases of the end plates 3 , 3 and section plates 5 , 5”), thereby representing structure where the thermal barrier assembly is secured directly to the cross-member.
Regarding Claim 4, Ejiri teaches the invention as discussed above in regards to claim 3. Additionally, as discussed above, Ejiri discloses a plurality of locking bolts which secure the feet 3a of the end plates 3 of the thermal barrier assembly to the lower case 21 which is the cross-member, thereby constituting a plurality of mechanical fasteners that secure the thermal barrier directly to the cross-member.
Regarding Claim 5, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, Ejiri discloses structure where the thermal barrier assembly retains both the first and second battery arrays, where the thermal barrier assembly includes battery holders 4, which hold the batteries of the battery arrays, thereby retaining the battery arrays (Paragraph 0031, “Each battery holder 4 in which two battery cells 2 are arranged”).
Regarding Claim 7, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, Ejiri teaches structure wherein the first and second battery arrays each include a plurality of battery cells 2 disposed along a respective battery axis, depicted in their figures 1 and 2, as well as disclosing structure where a longitudinal axis of the thermal barrier assembly is parallel to the battery array axis of the first array, and parallel to the battery array axis of the second array, depicted in their figure 1, where the longitudinal axis of the barrier array assembly is parallel with the axis along which the battery cells of the first array and second array are disposed.
Regarding Claim 8, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, Ejiri discloses structure where the system further comprises a platform of the thermal barrier assembly, here the upper face of the end plate 3, where the busbar 8A is disposed on the platform, the platform interfacing directly with an underside surface of the busbar, as depicted in Ejiri’s figure 1.
Regarding Claim 9, Ejiri teaches the invention as discussed above in regards to claim 8. Additionally, Ejiri discloses a first ridge extending upwards from a first side of a platform, and a second ridge extend upward from an opposite second side of the platform, as shown in their figure 2, where the end plate 3 comprises ridges extending upwards from a top face on opposite left and right sides of the platform, where the first and second ridges interface directly with opposing laterally outer edges of the busbar, as shown in figure 1, where the ridges are in contact with the sides of laterally opposing outer edges of the busbar 8A, which are side edges that are oriented perpendicular to the underside surface of the busbar.
Regarding Claim 10, Ejiri teaches the invention as discussed above in regards to claim 8. Additionally, Ejiri discloses structure wherein the platform, being the upper face of the end plates 3, is a part of a channel that receives the busbar, where the channel is the region of the end plates and upper face of batteries located between raised portions of the end plates 3 and cell holders 4, as depicted in figure 2, with the busbar’s placement in said channel being depicted in figure 1.
Regarding Claim 12, Ejiri teaches the invention of claim 1 as discussed above. Additionally, Ejiri discloses structure wherein the thermal barrier assembly provides a component retention assembly at a position between the first and second battery arrays, here the component retention assembly being their connecting rods 7, which are disposed through the thermal barrier assembly to prevent a disturbance in the shape of the battery array (Paragraph 0050, “and thus since the connecting rods 7 are maintained at their fixed spatial intervals by the respective section plates 5 . Consequently, a disturbance in arrayal is prevented and the battery block 1 improves in shape stability.”), thereby retaining the components in their correct positions. Further, as depicted in their figure 3, one connecting rod extends through a through hole 4g (Paragraph 0033), thereby representing structure wherein the component retention assembly is provided by the thermal barrier assembly at a position between the first and second battery arrays.
Regarding Claim 14, Ejiri teaches the invention as discussed in regards to claim 1. Additionally, Ejiri teaches structure where the thermal barrier assembly is a polymer-based material, through disclosing that the battery holders for are formed from a plastic material (Paragraph 0031, “Each battery holder 4 in which two battery cells 2 are arranged sideways is formed from a plastic material”).
Regarding Claim 20, Ejiri teaches the invention as discussed above in regards to claim 4. Additionally, Ejiri discloses structure where the thermal barrier includes a plurality of thermal barrier bores, the mechanical fasteners each extending through one of the thermal barrier bores to engage the cross member 21, where the bores are the holes in the end plates feet 3a, through which the locking bolts extend to threadably engage the cross member 21 (Paragraph 0056, “then the battery block 1 is fixed to the base 21a of the lower case 21 using the locking bolts and the feet 3a and 5a formed at the bases of the end plates 3 , 3 and section plates 5 , 5”).
Regarding Claim 21, modified Ejiri teaches the invention as discussed above in regards to claim 20. Additionally, in regards to the limitation which requires that the system further comprise an enclosure which houses the first and second battery arrays, Ejiri discloses said structure, said enclosure being the space contained within the lower cover 21 which is the cross-member, as depicted in their figure 10. Accordingly, where the cross-member is a lower cover of the enclosure, and where the locking bolts of Ejiri attach the thermal barrier to the cover, the cover therefore comprises enclosure bores to threadably engage with the mechanical fasteners, engaging the cross-member which is the cover.
Here, it is noted that the claims as presented do not require that the cross-member and the cover be separate components, as the recitation of “a cover” could be satisfied by any structure which provides cover for the enclosure, including the components which already have been identified.
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) 6, 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ejiri (US 2013/0330579 A1) as applied to claims 1-5, 7-10, 12, 14, and 20-21 above, and further in view of Kumar (US 2008/0280198 A1).
Regarding Claim 6, Ejiri teaches the invention as discussed above in regards to claim 1. Additionally, in regards to the limitation of the instant claim which requires that at least a portion of both the first and secondary battery array are clamped vertically between the thermal barrier assembly and a floor of a battery pack enclosure, Ejiri discloses structure where lips of the cell holders 4 extend over the tops of the battery cells 2, as depicted in their figure 3, where the battery cells are located above a floor of a battery pack enclosure, shown in their figure 10. However, they fail to affirmatively disclose that this represents clamping, rather than adjacent positioning. Accordingly, we look to Kumar, which is an analogous art to the instant application, being directed towards the art of battery packaging (Paragraph 0002). Here, Kumar discusses the use of electrically insulating materials which are configured to restrict vertical movement of cells relative to each other, by means of insulating material disposed over a top of a cell (Paragraph 0040, “FIGS. 9A-9C illustrate various embodiments configured to restrict and/or limit vertical motion of the cells relative to each other associated with the use of a sheet of an electrically insulating material disposed over the top of the cell in various configurations designed to clamp down the cells.”). Here, Kumar further teaches that motion of components of a battery causes damage to the components of the battery (Paragraph 0037, “and, thus, reduce damage thereto caused by relative motion of one or more of the different components of the battery due to mechanical vibration during use”). Accordingly, where Kumar teaches the use of insulating materials positioned above battery cells being used to clamp said cells to reduce vertical motion and thereby reduce damage, and Ejiri discloses an embodiment which comprises an insulating plastic cell holder section located above battery cell portions, and where reducing damage is a desirable result in the battery art, it would therefore be obvious to one ordinarily skilled in the art to modify the cell holders 4 of Ejiri such that they clamp the battery cells vertically, thereby resulting in structure where a portion of both the first and second battery arrays are clamped vertically between the thermal barrier assembly and a floor of the battery pack enclosure, thereby reading upon the scope of the instant claim.
Regarding Claim 22, Ejiri teaches the invention as discussed above in regards to claim 5. Additionally, Ejiri discloses structure wherein the thermal barrier includes a first lip and second lip which extend upward and outward along a vertically upper side of the first battery array, and the second lip extending along a vertically upper side of the second battery array, where the lips are the vertical sides of the battery holder 4, depicted in their figure 3, with the right side being a first lip which extends upward and outward, past a top of the first battery array, along an entirety of a side of the first battery array which includes a vertically upper side, and the left side being a second lip which extends upward and outward, past a top of the second battery array, along an entirety of a side of the second battery array which includes a vertically upper side. Additionally, the lips extend from a bottom face of the cell holder 4, where the bottom face of the thermal barrier assembly is a primary attachment portion of the thermal barrier, where it is attached to the lower case cover 21 located below it, shown in figures 3 and 10.
However, Ejiri fails to disclose structure wherein the first lip or second lip respectively clamp the first battery array and the second battery array. Accordingly, we look to Kumar, which is an analogous art to the instant application, being directed towards the art of battery packaging (Paragraph 0002). Here, Kumar discusses the use of electrically insulating materials which are configured to restrict vertical movement of cells relative to each other, by means of insulating material disposed over a top of a cell (Paragraph 0040, “FIGS. 9A-9C illustrate various embodiments configured to restrict and/or limit vertical motion of the cells relative to each other associated with the use of a sheet of an electrically insulating material disposed over the top of the cell in various configurations designed to clamp down the cells.”). Here, Kumar further teaches that motion of components of a battery causes damage to the components of the battery (Paragraph 0037, “and, thus, reduce damage thereto caused by relative motion of one or more of the different components of the battery due to mechanical vibration during use”). Accordingly, where Kumar teaches the use of insulating materials positioned above battery cells being used to clamp said cells to reduce vertical motion and thereby reduce damage, and Ejiri discloses an embodiment which comprises an insulating plastic cell holder section located above battery cell portions, and where reducing damage is a desirable result in the battery art, it would therefore be obvious to one ordinarily skilled in the art to modify the cell holders 4 of Ejiri such that they clamp the battery cells vertically, thereby resulting in structure where a portion of both the first and second battery arrays are clamped by the first and second lips respectively, thereby reading upon the scope of the instant claim.
Regarding Claim 23, modified Ejiri teaches the invention as discussed above in regards to claim 22. Additionally, in regards to the limitation which requires that the system further comprise an enclosure which houses the first and second battery arrays, Ejiri discloses said structure, said enclosure being the space contained within the lower cover 21 which is the cross-member, as depicted in their figure 10. Additionally, as discussed above, where Ejiri in view of Kumar makes obvious structure wherein the first and second battery arrays are clamped between the first lip and second lip respectively, and the bottom of the battery holder 4, and where Ejiri discloses that the thermal barrier assembly containing the battery arrays is bolted to the floor of the battery enclosure (Paragraph 0056, “then the battery block 1 is fixed to the base 21 a of the lower case 21 using the locking bolts and the feet 3 a and 5 a formed at the bases of the end plates 3 , 3 and section plates 5 , 5”), the first and second battery arrays are therefore clamped between the first lip and second lip respectively, and the floor of the enclosure.
Regarding Claim 24, modified Ejiri teaches the invention as discussed above in regards to claim 23. Additionally, Ejiri discloses structure which comprises a cross-member disposed between the first and second battery arrays, here the lower case 21, which has the required profile of a cross-member, consistent with the cross-member 66 depicted in the applicant’s figure 4. Here, where the battery array group 1 is placed above the lower case 21, the lower case 21 therefore extends laterally between the first and second battery arrays. Additionally, Ejiri discloses that the thermal barrier’s end plates 3 comprise feet 3a which are affixed to the lower case 21 by means of locking bolts (Paragraph 0056, “then the battery block 1 is fixed to the base 21a of the lower case 21 using the locking bolts and the feet 3 a and 5 a formed at the bases of the end plates 3 , 3 and section plates 5 , 5”), thereby representing structure where the thermal barrier assembly is secured directly to the cross-member. Additionally, the primary attachment portion of the thermal barrier assembly, being the bottom face of the thermal barrier assembly, includes a plurality of thermal barrier bores, each configured to receive a mechanical fastener that threadably engages the cross-member where the bores are the holes in the end plates feet 3a, located at a bottom face of the thermal barrier assembly which is the primary attachment portion, through which the locking bolts extend to threadably engage the cross member 21 (Paragraph 0056, “then the battery block 1 is fixed to the base 21a of the lower case 21 using the locking bolts and the feet 3a and 5a formed at the bases of the end plates 3 , 3 and section plates 5 , 5”).
Allowable Subject Matter
Claim 25 is allowed.
Claims 11 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 11 is allowable as a result of the limitation requiring that the system further comprise a busbar cap, at least a portion of the busbar sandwiched between the busbar cap and the platform at a position between the first and second battery arrays. Here, this limitation is neither taught nor made obvious by the scope of the prior art, where it is incompatible with Ejiri’s structure, as the busbar 8A which extends between the first and second battery arrays does so such that the portion between the arrays is not adjacent to the platform, meaning that a diagonal line with intervening other portions would be needed to be drawn to indicate a “sandwiched” relationship. Further, if the busbar cap were to be present, capping and surrounding the busbar, it would be positioned such that it would surround the busbar on the sides facing away from the battery, this would mean that the open/uncapped face would face directly towards the battery array, rather than towards the platform, thereby making a sandwiching relationship not possible. Accordingly, as the scope of the prior art fails to teach or make obvious the scope of the limitation of claim 11, it therefore comprises allowable subject matter.
Claim 13 is allowable as a result of the limitation which requires that the system further comprise a coolant hose held by the component retention assembly at a position between the first and second battery arrays. Here, this limitation is neither taught nor made obvious by the scope of the prior art, where Ejiri’s structure it does not appear to be compatible with a coolant hose being added to the component retention assembly at the position between the first and second battery arrays, as the position is fully occupied by the support rod. Here, where the space between the first and second battery arrays is fully occupied by the cell holder 4, end plate 3, and the support rod, introducing a coolant hose held by the support rod in this position would require either hollowing out the support rod to allow the hose to travel through it, or introducing additional channels for the hose to travel through, both results moving away from the purpose of Ejiri’s support rod structure, which is to secure the battery array’s components together. Further, Ejiri’s battery array does not comprise any cooling components which would make use of a cooling hose, achieving cooling without a hose-based system. Accordingly, there would be no reason for one ordinarily skilled in the art at the time of filing to modify their existing cooling system to comprise a hose, in the manner required by the claim. Accordingly, Claim 13 comprises allowable subject matter.
Claim 25 is neither taught nor made obvious by the scope of the prior art, specifically in regards to the limitation which requires a busbar supported by and interfacing directly within a channel of the thermal barrier assembly; and a busbar cap that covers an upwardly facing surface of the busbar, the busbar and the busbar cap each including a first aperture and a second aperture, the first aperture of the busbar and the first aperture of the busbar cap configured to receive a first busbar mechanical fastener that threadably engages the first battery array to secure the busbar and the busbar cap to the first battery array, the second aperture of the busbar and the second aperture of the busbar cap configured to receive a second busbar mechanical fastener that threadably engages the second battery array to secure the busbar and the busbar cap to the second battery array.
This limitation is neither taught by nor made obvious by the scope of the prior art, as it is incompatible with the structure of Ejiri, specifically looking to the aspect of the feature which requires that the busbar and busbar cap are configured to receive a fastener which threadably engages the battery array to secure the busbar and cap to the battery array. Ejiri’s structure comprises a prong 2b which extends out of the battery, as shown in their figure 3, which extends through the busbars (Paragraph 0052), and then through holes in a circuit board on prongs 11, shown in their figure 5, which are tightened together via nuts (Paragraph 0052). Accordingly, for a mechanical fastener to be present that would threadably engage the busbar, this would require either the removal of the prong 2b and replacement with a screw member which screws through threads on the busbar into the battery, or for the addition of threads onto the prong and busbar, with the bus bar being screwed on, rather than set over the prong. The first option is not obvious, as it would require a substantial redesign to achieve the same end state, that being a set of components fastened to a top of the battery, while introducing complexity via additional parts and interactions. The second option is not compatible, as the positioning of components that attach to multiple prongs make it impossible for each of them to be rotatably attached to threads, as they would intersect with each other making twisting them about all existing prongs simultaneously not possible. Accordingly, Claim 25 comprises allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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, Basia Ridley can be reached at 5712721453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
