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 .
Election/Restrictions
Applicant's election with traverse of Species B (set forth in claims 10 and 18, and therefore encompassing claims 1, 5-13, and 17-20*) in the reply filed on 9/19/2025 is acknowledged. The traversal is on the ground(s) that the originally filed claims does not present a serious additional burden on the office. This is not found persuasive because as set forth in MPEP 808.02, the Examiner establishes that there would be a serious burden if restriction is not required by explanation one of the following: a) separate classification thereof, b) a separate status in the art when they are classifiably together, or c) a different field of search.
At least a different field of search is necessary. Different search queries would be required because search queries directed to rolling to close a flexible sealing enclosure material (Species B) may not include an enclosure that is solid and closed by a cover portion (Species A), or an enclosure that is flexible that is closed by a drawstring (Species C) or by a zipper (Species D).
Therefore, a different field of search is required, and establishes a serious burden if a restriction is not required.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-4 and 14-16* are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/19/2025.
* - it is noted that Applicant elected Species B and indicated the species includes “claims 1, 5-13, 17 and 19-20” in the response. However, claim 18 also reads on Species B, and is therefore included in the election and is presently examined.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baier (DE 10 2014215616, see Applicant supplied machine translation).
Regarding claim 1, Baier discloses electrical energy storage in electrically powered vehicles (abstract). The battery system 10 comprises one or more battery modules 14 which are surrounded by a casing 22 which is a film ([0029], Fig 1). The film of the casing 22 consists of several layers of possibly different materials, and provides electromagnetic insulation, thermal insulation, mechanical protection, reflection of thermal radiation, and water- or gas-tight seal [hermetic sealing] of the battery module 14 from its surroundings ([0031]). The battery system 10, battery module 14, and casing 22 can be supported by a receptacle 18 of the vehicle [structural housing component] (abstract).
Claim Rejections - 35 USC § 103
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baier (DE 10 2014215616, see Applicant supplied machine translation), as applied to claim 1 above, and further in view of Yanagi (US 2014/0014428).
Regarding claim 5, Baier discloses all of the claim limitations as set forth above. While Baier discloses a casing [hermetic sealing enclosure] that is supported by a receptacle (abstract), Baier does not explicitly describe the receptacle as wherein the structural housing component includes a bottom surface and side walls extending from the bottom surface and the hermetic sealing enclosure is arranged on the bottom surface between the side walls.
Yanagi discloses a battery pack tray 2 [structural housing] including tray body 3 including a bottom 31 which has a concave-convex portion that includes convex and concave portions which extend in a first direction, and a wall 32 [a type of sidewall] which is upward bent from a periphery of the bottom; reinforcement frames 5 provided along opposed wall portions of the wall in a second direction perpendicular to the first direction; a cross member 7 [a type of sidewall] disposed on an upper surface of the concave-convex portion, and forming a first closed cross-section with the concave-convex portion, both end portions of the cross member being secured to the reinforcement frames; an inner cross member 8 secured to an upper surface of the cross member, both end portions of the inner cross member being secured to the reinforcement frames; and attachment brackets secured to the reinforcement frames (abstract, Fig 4-5). The tray can hold battery modules 11 ([0038], Fig 3). Yanagi further teaches lightening holes 84 for reducing weight in the inner cross members 8 [a type of side wall] ([0067], Fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery pack tray having the walls and cross members of Yanagi with the vehicle and receptacle of Baier for the purpose of providing a structure to support the battery modules and battery system.
Regarding claim 6, modified Baier discloses all of the claim limitations as set forth above. Yanagi further teaches lightening holes 84 for reducing weight in the inner cross members 8 [a type of side wall] ([0067], Fig 5).
Claim(s) 7-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baier (DE 10 2014215616, see Applicant supplied machine translation), as applied to claim 1 above, and further in view of Stein (DE 10 2014213916, see machine translation).
Regarding claims 7-8, Baier discloses all of the claim limitations as set forth above. While Baier teaches that the film can consist of several possibly different materials ([0031]), Baier does not explicitly disclose (claim 7) wherein the hermetic sealing enclosure includes gas vents that are configured to release pressure from the hermetic sealing enclosure when pressure within the hermetic sealing enclosure is greater than a predetermined pressure, or (claim 8) wherein the gas vents are selected form a group consisting of a pressure sensitive plug and a polymer layer arranged in a hole in the hermetic sealing enclosure.
Stein discloses a battery system 10 comprising a battery module 12 with a degassing collector 20 for degassing gas emissions from the battery cells (abstract). The degassing collector can provide a cost-effective, space-saving, low-weight, and safe system for degassing (abstract). The degassing collector is formed of a flexible material (page 6). In an embodiment, a flexible enclosure 42 surrounds the battery cells and at least partially the degassing collector and provides volume expansion when gases are emitted and allows for pressure fluctuations (page 6). The flexible enclosure and degassing collector are both made of a flexible material (page 6). The flexible enclosure 42 can have an open end 58 as an opening and is reversibly gastight closed [hermetically sealed] by folding or rolling up the enclosure 42 (page 12, Fig 14). The flexible enclosure may further include degassing valves 52, 52’ that at a predetermined internal pressure open (page 12, Fig 11). The degassing valves 52 can be configured as a predetermined breaking point and be conditioned by certain sharp-edge design of the opening to certain maximum pressures (page 12). That is, the degassing valves are a pressure sensitive plug/material and/or polymer layer that is arranged in a hole in the sealing enclosure.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the degassing valves that open at a predetermined internal pressure as taught by Stein with the casing of Baier for the purpose of having the casing open at a predetermined pressure to vent.
Regarding claim 10, Baier discloses all of the claim limitations as set forth above. While Baier teaches the film is a flexible material that can be folded ([0035], Figs 2-3), Baier does not explicitly disclose wherein the hermetic sealing enclosure that is rolled to close an opening of the hermetic sealing enclosure.
Stein discloses a battery system 10 comprising a battery module 12 with a degassing collector 20 for degassing gas emissions from the battery cells (abstract). The degassing collector can provide a cost-effective, space-saving, low-weight, and safe system for degassing (abstract). The degassing collector is formed of a flexible material (page 6). In an embodiment, a flexible enclosure 42 surrounds the battery cells and at least partially the degassing collector and provides volume expansion when gases are emitted and allows for pressure fluctuations (page 6). The flexible enclosure and degassing collector are both made of a flexible material (page 6). The flexible enclosure 42 can have an open end 58 as an opening and is reversibly gastight closed [hermetically sealed] by folding or rolling up the enclosure 42 (page 12, Fig 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the reversible gastight closing by folding or rolling of a flexible enclosure of batteries as taught by Stein with the casing of Baier for the purpose of having the casing reversibly closed and gastight.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baier (DE 10 2014215616, see Applicant supplied machine translation), as applied to claim 1 above, and further in view of Cordes (DE 10 2010056005 see Applicant provided translation).
Regarding claims 9 and 12, Baier discloses all of the claim limitations as set forth above. While Baier teaches that the film can consist of several possibly different materials ([0031]), Baier does not explicitly disclose (claim 9) wherein the hermetic sealing enclosure is made of a material selected from a group consisting of fabric, metal, composite material, rubber, polymer and/or combinations thereof, or (claim 12) further comprising a coating that is at least one of fire resistant and electrically insulating and that is arranged on at least one of an inner surface and an outer surface of the hermetic sealing enclosure.
Cordes discloses a device for holding at least one battery element of a road vehicle ([0001]). The battery carrier 10 supports battery elements 30 inserted therein, which is covered by a film cover 50 ([0035], Figs 2-3). The film cover can provide electrical insulation and shield the batteries from electromagnetic radiation ([0020]-[0021]). The film cover 50 includes material with high strength, such as plastic material, such as polyester, polyethylene terephthalate, polypropylene, and composite materials ([0018]). In an example, the film cover 50 consists of a metal film 51 and on the inside a plastic film 52 ([0040]). A pressure relief valve [gas vents] is further provided can be connected to the film cover and is designed to open when a predetermined overpressure develops in the battery compartment to allow discharge ([0026]). Cordes teaches that an inner plastic film 52 [a coating] provides electrical insulation ([0020], [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the materials of the film cover (including with an inner plastic film) as taught by Cordes as the materials of the film casing of Baier for the purpose of using materials which can provide the electrical insulation and shielding from electromagnetic radiation.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baier (DE 10 2014215616, see Applicant supplied machine translation), as applied to claim 1 above, and further in view of He (WO 2019/090671, see machine translation).
Regarding claim 11, Baier discloses all of the claim limitations as set forth above. While Baier discloses a casing [hermetic sealing enclosure] that is supported by a receptacle (abstract), Baier does not explicitly describe the receptacle as wherein the structural housing component includes a bottom surface, a frame and tubes extending between the bottom surface and the frame.
He discloses a battery tray comprising a tray body 100, a cover body 200, wherein the tray body 100 includes a bottom plate 110 [bottom surface], a frame body 130, and a cover body 200 [frame]. The frame body 130 includes a first frame body 140, a second frame body 150, a third frame body 160, and a fourth frame body 170 ([0028], Fig 1). As seen in Figure 1, the first-fourth frame bodies 140-170 include spines [tubes] that connect the bottom plate 110 and the cover body 200.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the arrangement of the tray body having a bottom plate, [first-fourth] frame bodies, and a cover body of He with the vehicle and receptacle of Baier for the purpose of protecting the batteries while providing reinforced connections from the bottom plate to the top plate via the spines.
Claim(s) 13, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagi (US 2014/0014428) in view of Baier (DE 10 2014215616, see Applicant supplied machine translation) in view of Cordes (DE 10 2010056005, see Applicant provided translation).
Regarding claim 13, Yanagi discloses a battery pack tray 2 [structural housing] including tray body 3 including a bottom 31 which has a concave-convex portion that includes convex and concave portions which extend in a first direction, and a wall 32 [a type of sidewall] which is upward bent from a periphery of the bottom; reinforcement frames 5 provided along opposed wall portions of the wall in a second direction perpendicular to the first direction; a cross member 7 [a type of sidewall] disposed on an upper surface of the concave-convex portion, and forming a first closed cross-section with the concave-convex portion, both end portions of the cross member being secured to the reinforcement frames; an inner cross member 8 secured to an upper surface of the cross member, both end portions of the inner cross member being secured to the reinforcement frames; and attachment brackets secured to the reinforcement frames (abstract, Fig 4-5). The tray can hold battery modules 11 ([0038], Fig 3).
While Yanagi discloses battery modules, Yanagi does not explicitly disclose: a hermetic sealing enclosure, wherein the hermetic sealing enclosure is arranged on the bottom surface between the side walls.
Baier discloses electrical energy storage in electrically powered vehicles (abstract). The battery system 10 comprises one or more battery modules 14 which are surrounded by a casing 22 which is from a film ([0029], Fig 1). The film of the casing 22 consists of several layers of possibly different materials, and provides electromagnetic insulation, thermal insulation, mechanical protection, reflection of thermal radiation, and water- or gas-tight seal [hermetic sealing] of the battery module 14 from its surroundings ([0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the casing surrounding the battery modules of Baier with the battery modules of Yanagi for the purpose of providing electromagnetic insulation, thermal insulation, mechanical protection, reflection of thermal radiation, and water- or gas-tight seal [hermetic sealing] of the battery module 14 from its surroundings.
While Baier teaches that the film can consist of several possibly different materials ([0031]), modified Yanagi does not explicitly disclose wherein the hermetic sealing enclosure includes gas vents that are configured to release pressure from the hermetic sealing enclosure when pressure within the hermetic sealing enclosure is greater than a predetermined pressure, and wherein the hermetic sealing enclosure is made of a material selected from a group consisting of fabric, metal, composite material, rubber, polymer and/or combinations thereof.
Cordes discloses a device for holding at least one battery element of a road vehicle ([0001]). The battery carrier 10 supports battery elements 30 inserted therein, which is covered by a film cover 50 ([0035], Figs 2-3). The film cover can provide electrical insulation and shield the batteries from electromagnetic radiation ([0020]-[0021]). The film cover 50 includes material with high strength, such as plastic material, such as polyester, polyethylene terephthalate, polypropylene, and composite materials ([0018]). In an example, the film cover 50 consists of a metal film 51 and on the inside a plastic film 52 ([0040]). A pressure relief valve [gas vents]is further provided can be connected to the film cover and is designed to open when a predetermined overpressure develops in the battery compartment to allow discharge ([0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the materials of the film cover as taught by Cordes as the materials of the film casing of Yanagi modified by Baier for the purpose of using materials which can provide the electrical insulation and shielding from electromagnetic radiation.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to pressure relief valve connected to the film cover as taught by Cordes with the film casing of Yanagi modified by Baier for the purpose of relieving pressure when an overpressure develops in the battery compartment.
Regarding claim 17, modified Yanagi discloses all of the claim limitations as set forth above. Yanagi further teaches lightening holes 84 for reducing weight in the inner cross members 8 [a type of side wall] ([0067], Fig 5).
Regarding claim 20, modified Yanagi discloses all of the claim limitations as set forth above. Cordes teaches that an inner plastic film 52 [a coating] provides electrical insulation ([0020], [0040]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagi (US 2014/014428) in view of Baier (DE 10 2014215616, see Applicant supplied machine translation) in view of Cordes (DE 10 2010056005, see Applicant provided translation), as applied to claim 13 above, and further in view of Stein (DE 10 2014213916, see machine translation).
Regarding claim 18, modified Yanagi discloses all of the claim limitations as set forth above. While Baier teaches the film is a flexible material that can be folded ([0035], Figs 2-3), modified Yanagi does not explicitly disclose wherein the hermetic sealing enclosure that is rolled to close an opening of the hermetic sealing enclosure.
Stein discloses a battery system 10 comprising a battery module 12 with a degassing collector 20 for degassing gas emissions from the battery cells (abstract). The degassing collector can provide a cost-effective, space-saving, low-weight, and safe system for degassing (abstract). The degassing collector is formed of a flexible material (page 6). In an embodiment, a flexible enclosure 42 surrounds the battery cells and at least partially the degassing collector and provides volume expansion when gases are emitted and allows for pressure fluctuations (page 6). The flexible enclosure and degassing collector are both made of a flexible material (page 6). The flexible enclosure 42 can have an open end 58 as an opening and is reversibly gastight closed [hermetically sealed] by folding or rolling up the enclosure 42 (page 12, Fig 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the reversible gastight closing by folding or rolling of a flexible enclosure of batteries as taught by Stein with the casing of Yanagi modified by Baier for the purpose of having the casing reversibly closed and gastight.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagi (US 2014/014428) in view of Baier (DE 10 2014215616, see Applicant supplied machine translation) in view of Cordes (DE 10 2010056005, see Applicant provided translation), as applied to claim 13 above, and further in view of He (WO 2019/090671, see machine translation).
Regarding claim 19, modified Yanagi discloses all of the claim limitations as set forth above. While Yanagi discloses a tray body 3 for supporting the battery modules (Fig 4), modified Yanagi does not explicitly disclose wherein the structural housing component includes a bottom surface, a frame and tubes extending between the bottom surface and the frame.
He discloses a battery tray comprising a tray body 100, a cover body 200, wherein the tray body 100 includes a bottom plate 110 [bottom surface], a frame body 130, and a cover body 200 [frame]. The frame body 130 includes a first frame body 140, a second frame body 150, a third frame body 160, and a fourth frame body 170 ([0028], Fig 1). As seen in Figure 1, the first-fourth frame bodies 140-170 include spines [tubes] that connect the bottom plate 110 and the cover body 200.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the arrangement of the tray body having a bottom plate, [first-fourth] frame bodies, and a cover body of He with the tray body of modified Yanagi for the purpose of protecting the batteries while providing reinforced connections from the bottom plate to the top plate via the spines.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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