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 .
This office action addresses pending claims 1-3, 7-14, and 20-28. Claims 1, 7, 12, 14, and 20 were amended, claims 4-6 and 15-19 were cancelled, and claims 21-28 were cancelled in the response filed 8/15/2025.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 7-11, 13-14, 20 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Maguire et al. (US 2019/0312243).
Regarding claims 1 and 20, DeKeuster discloses a battery module 28 (battery pack) with a housing 62 for housing a cell stack 92 (first cell stack) having a plurality of battery cells 90 ([0048], Fig 4). The housing 62 may be sized such that a gap is present between an interior surface 98 of the housing 62 and a cell stack 92 after the cell stack 92 is inserted ([0053]). To fill the gap and to maintain a sufficient compression force on the cell stack 92, one or more retaining walls 100 [a first shim] may be provided at ends 102 (e.g., a first end 105 and a second end 107 opposite the first end 105) of the cell stack 92 to generate a compressed cell assembly 103 ([0053]). That is, the retaining wall is a single-plate like body that is positioned directly between the cell stack and the first side wall (see Fig 4). Further, the retaining walls may not necessarily be the same size, or shape or material, depending on their location within the module 28 ([0053]); that is, DeKeuster proposes different sizes and thicknesses of the retaining walls to meet the necessary gap. As the cell stack is inserted into the enclosure assembly, it is considered that the battery system is a cell-to-pack battery system.
However, DeKeuster does not explicitly disclose a second cell stack included in the enclosure assembly, nor a second shim positioned between the first side wall and the second cell stack, wherein the first shim includes a first thickness that is different from a second thickness of the second shim.
Maguire discloses a battery assembly 24 (battery pack) comprising a structural assembly 60 (enclosure assembly) configured to at least partially enclose and seal cell stacks ([0044]). The structural assembly 60 includes a base 62 and a plurality of side walls 64 arranged relative to one another to provide at least one pocket ([0044]). The battery assembly 24 includes at least one cell stack 56 and illustrates two pockets to accommodate cell stacks 56 ([0047], Fig 2). First and second support plates 68,70 (first shim) are arranged at opposite ends of the cell stack ([0048]). Maguire teaches that while two pockets 66A/B are shown [two cell stacks], the structural assemblies can provide one or more pockets for cell stacks ([0045]).
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 multiple pockets for housing cell stacks with a corresponding support plate as taught by Maguire with the battery module and housing of DeKeuster for the purpose of providing additional battery cells to increase the power or energy capacity of the battery assembly.
With regards to the first shim includes a first thickness that is different from a second thickness of the second shim, because DeKeuster teaches that the retaining walls may be not of the same size ([0053]), in order to provide a sufficient compression force while allowing for a degree of variance in the dimensions of the individual cells [that is, the battery cells and resulting stacks have different lengths to fill an opening of a specific length] ([0046],[0052]), and because Maguire teaches multiple pockets for cell stacks, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a shim with an appropriate and different thickness for each stack in a pocket to account for the degree of variance in the cell thickness while providing a sufficient compression force. That is, having a first stack with a first shim of a first thickness, and a second stack with a second shim of a second thickness different from the first thickness.
Regarding claim 2, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches a battery stack in a housing (Fig 4), and Maguire teaches the cell stack 56 establishes a cell row of a cell matrix of the battery assembly 34 and cell-to-pack battery system (Fig 2).
Regarding claim 3, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches the interior surfaces of the housing are configured to maintain the compressed cell assembly in a compressed state (abstract). Therefore, the housing provides a cell-compressing opening for compressing the cell matrix.
Regarding claims 7-11, modified DeKeuster discloses all of the claim limitations as set forth above. While DeKeuster modified by Maguire illustrates that two pockets 66A/B are shown, modified DeKeuster does not explicitly disclose wherein the cell-to-pack battery system includes (claim 7) a third cell stack with a third shim, or (claim 9) a fourth cell stack with a fourth shim, wherein (claim 8) the third shim includes a third thickness that is different from the first thickness and second thickness, or (claim 10) the fourth shim includes a fourth thickness that is different from the first thickness, second thickness, and the third thickness; or (claim 11) the fourth shim includes a fourth thickness that is same as the first thickness, second thickness, or the third thickness.
With regards to a third and/or fourth cell stack and a third and/or fourth shim, Maguire teaches that while two pockets 66A/B are shown [two cell stacks], the structural assemblies can provide one or more pockets for cell stacks ([0045]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add more pockets with cells stacks (including a third and fourth cell stack with corresponding third and fourth shims/support plates) to the battery assembly of modified DeKeuster for the purpose of providing additional battery cells to increase the power or energy capacity of the battery assembly.
Further, because DeKeuster teaches that the retaining walls may be not of the same size ([0053]), in order to provide a sufficient compression force while allowing for a degree of variance in the dimensions of the individual cells [that is, the battery cells and resulting stacks have different lengths to fill an opening of a specific length] ([0046],[0052]), and because Maguire teaches multiple pockets for cell stacks, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a shim with an appropriate and different thickness for each stack in a pocket to account for the degree of variance in the cell thickness while providing a sufficient compression force. That is, having a third and fourth stack with a third and fourth shim of a third and fourth thickness.
This results in using either the same sized shim/support plate or different sized shim/support plate, respectively, to bring the corresponding battery stack to the stipulated length to receive the sufficient compression force as descried by DeKeuster ([0046],[0052]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select third and fourth shims of different lengths for cell stacks (stacks one through four) having different lengths [claims 7-10], or to select a third shim of a different length and a fourth shim of the same length as the first, second, or third shim for the case where only two cell stacks (stack four and any of stack one, two, or three) are of the same length [claim 11].
Regarding claim 13, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the retaining walls fill a gap to maintain a sufficient compression force on the cell stack ([0053]). Therefore, the retaining walls apply a preload to a plurality of battery cells of the of the first cell stack.
Regarding claim 14, modified DeKeuster discloses all of the claim limitations as set forth above. While DeKeuster modified by Maguire illustrates that two pockets 66A/B are shown, modified DeKeuster does not explicitly disclose wherein the cell-to-pack battery system includes a third cell stack, and further wherein no shim is positioned between the first side wall and the third cell stack.
With regards to a third cell stack, Maguire teaches that while two pockets 66A/B are shown [two cell stacks], the structural assemblies can provide one or more pockets for cell stacks ([0045]). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add more pockets with cells stacks (including a third cell stack) to the battery assembly of modified DeKeuster for the purpose of providing additional battery cells to increase the power or energy capacity of the battery assembly.
Further, because DeKeuster teaches “the housing 62 may be sized such that a gap is present”, and “one or more retaining walls 100… may be provided at ends 102” ([0053]), DeKeuster suggests not having a retaining wall because there may not be a gap that necessitates the need for a retaining wall to maintain compression force. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to not have a retaining wall between a first side wall and the third cell stack when there is no gap that necessitates the need for a retaining wall to maintain compression force.
In addition, DeKeuster teaches that only one side of the stack has a retaining wall ([0058],[0064]); and therefore, the side with the retaining wall can be considered the a second side wall, and therefore there is no shim between a first side wall and the third cell stack.
Regarding claim 25, modified DeKeuster discloses all of the claim limitations as set forth above. With regards to the shim is adhesively secured to both the first cell stack and the first side wall, and the second shim is adhesively secured to both the second cell stack and the first side wall, DeKeuster teaches that spacers, that are between the battery cells, can be adhered by adhesive strips, tabs, or the like ([0048]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to also use an adhesive with the retaining walls of DeKeuster in order to attach and secure the retaining walls to the stack and side walls.
Regarding claim 26, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that “a spacer (e.g., one or more) may be used between each battery cell 90 of the cell stack 92” ([0047]), and therefore reasonably suggests not having a spacer between each battery cell of the stack. Therefore, DeKeuster reasonably suggests excluding spacers (any support structure including array frames, spacers, rails, walls, end plates, and bindings) because such structures are not necessary.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Maguire et al. (US 2019/0312243), as applied to claim 1 above, and further in view of Yamazaki (US 2021/0273286).
Regarding claim 12, modified DeKeuster discloses all of the claim limitations as set forth above. While DeKeuster teaches the retaining walls can be a polymer ([0053]) and illustrates the retaining wall 100 as a single plate-like body (see Fig 4), modified DeKeuster does not explicitly disclose wherein the shim/support plate is a non-flammable, moldable polymer that includes insulating properties.
Yamazaki discloses a battery module 10 including a box shaped housing case 14 that is open at an upper side, a battery stack 12 in which plural battery cells 16 are stacked along a horizontal direction, and that is housed inside the housing case, and plural types of shim that are made of different materials and that are disposed between the battery stack and the housing case in a state in which the battery stack is pressed along the stacking direction of the battery cells (abstract, Fig 3). The shims can be made of many materials, including different resins including polypropylene and nylon ([0012]).
As the instant specification teaches that non-flammable, moldable polymers having insulating properties includes nylon (see paragraph [0071] of the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a resin such as nylon for a shim as taught by Yamazaki as the retaining wall material of DeKeuster because Yamazaki teaches that nylon is a suitable resin for a shim in a battery module, and would result in predictable results.
Claim(s) 21-24 and 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Maguire et al. (US 2019/0312243), as applied to claim 1 or 20 above, and further in view of Kawase et al. (US 2010/0190049).
Regarding claims 21-22 and 27-28, modified DeKeuster discloses all of the claim limitations as set forth above. However, DeKeuster does not explicitly disclose the thicknesses of the retaining walls (shims), and therefore does not explicitly disclose (claim 21) wherein the first shim and the second shim are part of a selectable shim system that includes shims having each of a 1.5 mm shim thickness, a 3.0 mm shim thickness, a 4.5 mm shim thickness, and a 6.0 mm shim thickness; (claim 22) wherein the first thickness of the first shim is one of the 1.5 mm shim thickness, the 3.0 mm shim thickness, the 4.5 mm shim thickness, or the 6.0 mm shim thickness, and the second thickness of the second shim is a different one of the 1.5 mm shim thickness, the 3.0 mm shim thickness, the 4.5 mm shim thickness, or the 6.0 mm shim thickness; or (claim 27) wherein the first shim and the second shim are each selected from a pre-defined set of shim thicknesses based on a measured dimensional difference between the first cell stack or the second cell stack and the enclosure tray; (claim 28) wherein the pre-defined set of shim thicknesses includes each of a 1.5 mm shim thickness, a 3.0 mm shim thickness, a 4.5 mm shim thickness, and a 6.0 mm shim thickness.
Kawase discloses a battery assembly 10 comprising a predetermined number of unit cells 12 arranged in a stacking direction which are bundled by a present bundling pressure which has a preset accurate size (in a length dimension) (abstract, [0010]). The predetermined number of cells are measured in a stacking direction length L1, and a length adjusting means is prepared so that a length of the battery assembly in the stacking direction is a stipulated length LT and a bundling pressure is a stipulated pressure P ([0011]). A spacer member 40 (shim) is arranged with the stacked body 20 of the battery assembly and is used as the length adjusting means ([0014]). A spacer member 40 may be used of a thickness so as to make it possible to form a body to be bundled with a stacking direction length that constitutes the battery assembly of the stipulated length LT when the spread in length L1 is converged and the body to be bundled is bundled by the stipulated pressure (bundling pressure) P where the spacer member is arranged together with other constituent elements of the body to be bundled ([0014]); that is, the spacer member 40 thickness is added to the stacking thickness to bring the combination up to the stipulated length LT. It is preferred that a plurality of spacer members that differ at least in thickness be prepared in advance so that the spacer members of adequate thickness be disposed with good efficiency ([0014]). The thickness of the predetermined number of unit cells 12 typically has a spread [difference] caused for example by a dimensional error in the manufacture of the containers 14 that are used for the unit cell ([0070]). That is, Kawase teaches using different sized spacer members 40 to account for the differences in size of the battery cell containers in order to bring the battery assembly 10 to a stipulated length LT and stipulated pressure P.
In addition, Kawase further teaches that the spacers are between a thickness of 0.03 mm to 3 mm ([0060]). That is, Kawase teaches that the thicknesses of spacer members is known within the art. Further, the spacer member has to have endurance against impacts while being lightweight ([0060]).
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 teaching of measuring a battery assembly for a length adjustment means (spacer member/shim) to have the battery assembly be a predetermined length as taught by Kawase with the retaining walls of modified DeKeuster for the purpose of bringing each battery cell stack to a stipulated length LT and stipulated pressure P for the pockets in order to account for the dimensional errors/differences of the batteries.
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 optimize, by routine experimentation, the length of shims (including the amounts of 1.5 mm, 3.0 mm, 4.5 mm, and 6.0 mm) as suggested by Kawase in the retaining walls of modified DeKeuster because the retaining walls/spacers/shims have to have endurance against impacts, while being lightweight, and applying a sufficient compression force on the batteries.
Regarding claims 23-24, modified DeKeuster discloses all of the claim limitations as set forth above. However, DeKeuster does not explicitly disclose (claim 23) wherein the first shim is selected based on a first difference between a first end-to-end length of the first cell stack and a distance between the first side wall and an opposing second side wall of the enclosure tray; or (claim 24) wherein the second shim is selected based on a second difference between a second end-to-end length of the second cell stack and the distance between the first side wall and the opposing second side wall.
Kawase discloses a battery assembly 10 comprising a predetermined number of unit cells 12 arranged in a stacking direction which are bundled by a present bundling pressure which has a preset accurate size (in a length dimension) (abstract, [0010]). The predetermined number of cells are measured in a stacking direction length L1, and a length adjusting means is prepared so that a length of the battery assembly in the stacking direction is a stipulated length LT and a bundling pressure is a stipulated pressure P ([0011]). A spacer member 40 (shim) is arranged with the stacked body 20 of the battery assembly and is used as the length adjusting means ([0014]). A spacer member 40 may be used of a thickness so as to make it possible to form a body to be bundled with a stacking direction length that constitutes the battery assembly of the stipulated length LT when the spread in length L1 is converged and the body to be bundled is bundled by the stipulated pressure (bundling pressure) P where the spacer member is arranged together with other constituent elements of the body to be bundled ([0014]); that is, the spacer member 40 thickness is added to the stacking thickness to bring the combination up to the stipulated length LT. It is preferred that a plurality of spacer members that differ at least in thickness be prepared in advance so that the spacer members of adequate thickness be disposed with good efficiency ([0014]). The thickness of the predetermined number of unit cells 12 typically has a spread [difference] caused for example by a dimensional error in the manufacture of the containers 14 that are used for the unit cell ([0070]). That is, Kawase teaches using different sized spacer members 40 to account for the differences in size of the battery cell containers in order to bring the battery assembly 10 to a stipulated length LT and stipulated pressure P.
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 teaching of measuring a battery assembly for a length adjustment means (spacer member/shim) to have the battery assembly be a predetermined length as taught by Kawase with the retaining walls of modified DeKeuster for the purpose of bringing each battery cell stack to a stipulated length LT and stipulated pressure P for the pockets in order to account for the dimensional errors/differences of the batteries.
Response to Arguments
Applicant's arguments filed 8/15/2025 have been fully considered but they are not persuasive.
Applicant argues Maguire in view of Kawase do not disclose the amended claims 1.
This is not considered persuasive. In light of the amended claims, a new rejection based upon DeKeuster et al. (US 2016/0093849) in view of Maguire et al. (US 2019/0312243) is provided above.
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.
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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