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 .
Response to Arguments
The following is in response to the applicant’s remarks filed 12/17/25.
The applicant submits that the amendments overcome the previous rejection.
The examiner agrees, and the previous rejection is withdrawn. A new basis for rejection appears below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 4 and 16 are rejected under 35 U.S.C. 102(a)(2) by O’Neil, US20230399483A1.
Regarding claim 1, O’Neil teaches a battery pack [0002], comprising:
a plurality of battery cells (103); and a pack case (102) in which the plurality of battery cells are accommodated, wherein the pack case includes a potting resin (104) covering all sides of the plurality of battery cells [fig. 3],
the potting resin being filled to a predetermined height between the plurality of battery cells (partially covering)[0025][fig. 3 – 4]
the pack case is integrally formed with the potting resin (integrally formed)[0040]
the potting resin fills a lateral gap between adjacent battery cells (gaps between cells (103) filled with insulating material (104))[0002][0040][fig. 3]
the lateral gap extends from one of the adjacent battery cells to another of the adjacent battery cells (gaps between cells)[fig. 3]; and
the plurality of battery cells comprises the adjacent battery cells (cells (103))[fig. 3]
Regarding claim 2, O’Neil teaches the battery pack according to claim 1, wherein the plurality of battery cells are in the potting resin with upper and lower ends of the battery cells being exposed at least in part (partially covering)[0025](exposed ends)[fig.3]
Regarding claim 3, O’Neil teaches the battery pack according to claim 1, wherein an upper surface of the potting resin is lower than an upper end of the plurality of battery cells in a height wise direction of the plurality of battery cells, and wherein a lower surface of the potting resin is than a lower end of the plurality of battery cells in the height wise direction of the plurality of battery cells (partially covering)[0025](exposed ends)[fig.3].
Regarding claim 4, O’Neil teaches the battery pack according to claim 1, wherein the potting resin includes silicone resin (silicone)[0029]
Regarding claim 16, O’Neil teaches the battery pack according to claim 1, wherein: the potting resin forms a continuous outer surface of the pack case that laterally encloses all of the plurality of battery cells; and the continuous outer surface of the pack case lies outside of an outermost boundary of all of the plurality of battery cells (insulating material (104) fills space between cells (103) and case (102) in a continuous manner)[0025][fig. 3]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
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, Miriam Stagg can be reached at (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724