Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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) 1-6 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2016/0149175 to Morimitsu (“Morimitsu”). Reference will be made to the annotated versions of Figure 16 of Morimitsu provided in the previous action describing the first and second mappings.
Regarding claims 1, 2, 5, 6, 12, and 16, Morimitsu discloses a battery assembly comprising a plurality of battery cells (10) and a holder (20). Morimitsu at paragraph [0051]. The battery cells are cylindrical, having a primary cylindrical/circumferential surface of its battery housing, the housing having a bottom acting to close the bottom end of the housing and act as the negative electrode for the cell with the open top end sealed with a relatively flat sealing member that also includes a positive electrode portion. The respective positive and negative electrode portions connect to respective positive and negative electrode portions of an electrode assembly that is housed within the cylindrical housing. Id. at paragraphs [0052] and [0053].
The holder includes a number of cell hold portions (21) which are considered to correspond to the recited housing parts. Id. at paragraph [0054]. Each cell hold is a longitudinal (first direction) through-hole corresponding to a battery cell and having an inner circumferential surface generally corresponding to and facing the outer circumferential surface of the battery cell. Id. at paragraph [0055]; see both mappings of Figure 16 from previous action. A gap G is formed between the inner circumferential surface of each cell hold and outer circumferential surface of its respective battery cell by ensuring the inner diameter of the cell hold is slightly larger than the outer diameter of the battery cell. Id. at paragraph [0057]. The gap G is closed off on a lower portion by a portion of a resin sheet (43) that protrudes from the inner circumferential surface of the cell hold in a second direction perpendicular to the axial direction of the battery cell and seats against the outer circumferential surface of the battery cell. Id. at paragraph [0078]. An adhesive is injected from an upper opening of gap G to fill gap G along the longitudinal side of the battery cell with the resin sheet (43) acting as a lower bound such that the adhesive does not drip out of the gap G, but instead fills gap G by protruding out from the inner circumferential surface of the cell hold in the second direction orthogonal to the longitudinal (first) direction to seat against the outer circumferential surface of the battery cell. Id. at paragraph [0079].
The adhesive used is an epoxy (i.e., a resin) so the adhesive filling gap G is also a resin. Thus, as shown in the First Mapping annotated version of Morimitsu’s Figure 16 in the previous action, the resin sheet (43) can be considered to correspond to the recited sealing member, in which case the adhesive will then correspond to the recited first resin member that is bounded on its outer side by the inner circumferential surface, on its inner side by the outer circumferential surface, and on its bottom side by the resin sheet (43) acting as the sealing member. Further regarding the resin sheet (43), its inner surface presses against the outer circumferential surface of the battery cell, this inner surface existing (being disposed) between the top and bottom ends of the cell hold and separated from those ends of the cell hold by the thickness of the resin sheet (43). Thus, the inner surface of the resin sheet corresponds to the recited top of the sealing member.
Alternative, as shown in the previous Action’s Second Mapping annotated version of Morimitsu’s Figure 16, the resin sheet (43) can be considered to correspond to the recited first resin member with the adhesive filling gap G corresponding to the recited sealing member. In this instance, the resin sheet (43) is bounded on its outer edge by the inner circumferential surface, on its inner edge by the outer circumferential surface, and on its upper edge by the adhesive acting as the sealing member. As above, the inner surface of the adhesive filling gap G abuts/presses against the outer circumferential surface of the battery cell between the upper and lower ends of the cell hold, being spaced apart from those by the thickness of the adhesive such that this inner surface of the adhesive corresponds to the recited top.
Further regarding claim 3, as noted above the inner diameter of the cell hold (21) is slightly larger than the outer diameter of the battery cell (10) such that when looking down on the battery assembly onto the top surface of the battery cell in the longitudinal (1st) direction, the entire top surface of the battery cell is left exposed by the hold (20).
Further regarding claim 4, the holder (20) only extends partially along the length of the battery cells such that the bottom portion of the battery is entirely free from the holder including an entirety of the bottom surface of the battery cells.
Further regarding claim 6, both the adhesive filling gap G and the resin sheet (43) wrap around the entire outer circumference of the battery, thus forming a tube in which the battery sits.
Further regarding claim 13, making reference to the Second Mapping of Morimitsu’s Figure 16 shown in the previous Action where the adhesive filling gap G corresponds to the sealing member, the resin filling gap G all exists between the top and bottom ends of the respective housing part. Thus, considering the corner of any of the most projected/protruding portion of the adhesive to correspond to the recited tip, it necessarily exists between the longitudinal upper and lower ends of the respective housing. With reference to the First Mapping, several protruding corners of the resin sheet (43) also are interior to the bottom end of the respective housing while also being well below the upper end of the respective housing.
Regarding claim 14, both the adhesive filling gap G and the resin sheet (43) extend/protrude to some extent along the longitudinal direction, while also abutting against the outer circumferential surface. Thus whether the First or Second Mapping is used, each has its resin member protruding from the outer circumferential surface in the first direction.
Regarding claim 15, considering the adhesive resin filling gap G to correspond to the recited sealing member as showing in the Second Mapping, and looking at Figure 10 of Morimitsu, considering the chamfered, lower-angle portion of the hold to correspond to an extension of the inner circumferential surface (that is, the portion that is labeled “end surface” in Second Mapping), it can be seen from Figure 10 that the adhesive does not fill all the way to the top outer surface of the hold, or to the top flat portion of the battery housing. Thus, a portion of gap G remains unfilled with adhesive, that portion bounding on one side by the lower-angled portion of the inner circumferential surface (labeled “end surface” in Second Mapping of previous Action), by the outer circumferential surface on an opposed side, and by the adhesive acting as the sealing member on its bottom side. On the opposite side of the adhesive acting as the sealing member from this unfilled portion of gap G is resin sheet (43) acting as the first resin member and filling the recited first space. Thus, under the Second Mapping, the unfilled portion of gap G can be considered to correspond to the recited third space.
Regarding claims 17 and 18, as shown in both Mappings, the chamfered portion can be considered to be separate from the inner circumferential surface, instead being included a part of the top end portion of the hold that connects the various inner circumferential surfaces to one another. This top surface, including the chamfer can thus be considered to correspond to the recited end surface. The end surface connects adjacent inner circumferential surfaces of each housing part. Moreover, the adhesive filling gap G extends continuously up into at least part of the chamfered surface from the inner circumferential surface such that under the First Mapping where the adhesive filling gap G corresponds to the recited first resin part and the resin sheet (43) corresponds to the sealing member, the resin part extends continuously from the inner circumferential surface onto the chamfered portion of the end surface. See Figure 10 of Morimitsu and First Mapping of Morimitsu’s Figure 16 in previous Action.
Regarding claim 19 and 20, it is noted that a spot on the inner surface of the resin sheet (43) or adhesive filling gap G can be considered to project from any number of the spots on the inner circumferential surface of the cell hold, including a spot where the projection is in the second direction, and/or projected from another spot that is instead perpendicular to the inner circumferential surface of the cell hold making this projecting direction few degrees shy of parallel to the second direction and a few degrees over 90 in relation to the first direction (see, for example in the Annotated version of Figure 16 of the previous action, the direction of the line annotating “inner circumferential surface” which corresponds to the recited fourth direction of claim 20). The direction perpendicular to this fourth direction is a few degrees shy of being parallel to the first direction, and a few degrees more than 90 in relation to the second direction.
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.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morimitsuo in view of Japanese Patent Publication No. JP 2013196810 to Tenmei (citing to the previously provided machine translation “Tenmei”). Regarding claims 7 and 8, Morimitsu is applied as described above. Morimitsu discloses that its invention is aimed at improving the battery system of Tenmei by providing a secure connection between the battery holder and the battery cells such that the battery cells do not move laterally in relation to the cell holder(s). Morimitsu only shows a single battery holder for its battery module. However, the system of Tenmei includes both a first upper holder and a second lower holder for the plurality of battery cells, where the second lower holder is substantially similar to the first upper holder. Thus, the person of ordinary skill in the art in reading Morimitsu as an improvement of Tenmei would have reason to apply its teachings to both the upper and lower holding of Tenmei to prevent relative movement between the cells and both holders such that in addition to the holder having cell hold portions adjacent the upper surface of the battery cells with corresponding sealing member and resin portion between the cell hold portion and the upper portions of the battery cells shown in Morimitsu, the lower cell holder of Tenmei adjacent the lower flat surface of the battery cells similarly includes a second holder having second cell holds corresponding to each of the battery cells with similar adhesive seal present in the second gap G and a second resin portion closing off this gap G such that the second resin portion is in a second space bounded by the second adhesive sealing portion, the inner circumferential surface of the second cell holds and the lower outer circumferential surface of the battery cell.
Regarding claims 9 and 10, the second cell holder can be made in mirror of the upper cell holder such that adhesive is injected from adjacent to the lower surface of the battery cell with the second resin part being located interior to the lower surface of the battery cell. Thus amounts to a simple direct application of the teachings of Morimitsu to the second holder. Using the First Mapping showin in the previous Action for the lower cell holder leads to the gap G extending between the sealing member (resin sheet (43)) and the lower second end surface of the battery cell, as required by claim 9. Using the Second Mapping of Morimitsu leads to the adhesive filling gap G corresponding to the recited second sealing member and the resin sheet (43) acting as the recited second resin member such that it sits in a space between the second gap G and the upper first end surface of the battery cell, as required by claim 10. Alternatively, the second cell holder can be configured such that adhesive is injected from its upper surface to similarly drain with gravity into the second gap G. This requires modest adaption of the teachings of Morimitsu, with the benefit of being that adhesive can be applied to both cell holders simultaneously rather than requiring the adhesive applied to a first holder to set before flipping the battery assembly over to apply the second adhesive seal. With this approach, the First Mapping of Morimitsu’s Figure 16 would correspond to the arrangement of claim 10 and the Second Mapping would correspond to the arrangement of claim 9, since the resin sheet (43) is located at the lower edge of the hold for this approach.
Further regarding claim 11, Tenmei further includes a corresponding current collector (32 and 42) with each of the upper and lower holders for electrically connecting the plurality of battery cells. The current collectors interface with the outermost surface of the holders. Based on the alternative arrangement applied to claims 9 and 10 where the adhesive can be applied to both upper and lower holders simultaneously, the person of ordinary skill in the art when applying the teachings of Morimitsu can arrive at a battery assembly where at least the lower of the cell holders includes a resin part (43) that is part of a resin sheet (40) that covers an outermost surface of its respective cell holder, such that the resin part (43) extends into the through hole of the holder to close gap G on this outer side such that adhesive can be applied to the inner facing portion of gap G and fall by gravity towards the exterior surface of the cell holder where it will be stopped by the resin part (43). In this arrangement, the lower current collector would interface with the resin sheet (40) having portions thereof extending into the exterior portion of the through holes of the holder to close off the exterior opening of gap G formed between the cell holder and the battery cell.
Response to Arguments
Applicant's arguments filed 1/14/2026 have been fully considered but they are not persuasive. Applicant first argues in relation to the First Mapping that the top of resin sheet (43) would correspond to an end of the inner circumferential surface. It is unclear why Applicant believes this to be the case. Amended claim 1 requires the top of the first sealing member to be a part that is pressing the outer circumferential surface. The portion of resin sheet (43) that is pressing the outer circumferential surface is the inner circumferential surface of the resin sheet (43). Thus, it is this inner circumferential surface that extends from the lower end to an interior part of the cell hold, and is spaced apart from the ends of the cell hold at least by the thickness of the resin sheet.
Applicant then argues that it is unclear where the top of the adhesive filling gap G in Second Mapping would be. But this ignores the rest of the claim, requiring the top to press the outer circumferential surface, leaving only one surface of the adhesive filling gap G to be its top: its inner circumferential surface. As Applicant concedes, one end of the adhesive is in contact with the upper surface of resin sheet (43) which lies between the upper and lower surfaces of the cell hold. The top of the adhesive does not extend to the top of the cell hold, such that the entirety of the adhesive lies between the upper and lower ends of the cell hold, with the inner circumferential surface of the adhesive being spaced apart from those ends at least by the thickness of the adhesive itself.
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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/WYATT P MCCONNELL/ Examiner, Art Unit 1727