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 Status
This office action is in response to the amendment filed 9/7/2025.
Claims 1, 12, 16 and 21 have been amended; support for claims 1 and 16 is found in figure 2b and [0035] and amendment to claims 12 and 21 correct the dependency.
Claim 7 has been cancelled.
Claims 1-6 and 8-21 are currently pending.
Claim Rejections - 35 USC § 102
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) 1-6, 8, 9, 12-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Seki (US 2020/0411819 A1).
As to claim 1, Seki et al. discloses a battery pack (11), comprising:
a battery box (12-case);
a first battery assembly, including a plurality of first batteries stacked in a first direction (Figure 3a the cells 14 on the left hand side of the case);
a second battery assembly, including a second battery (Figure 3a the cells 14 on the right hand side of the case);
wherein the first battery assembly and the second battery assembly are disposed in the battery box in the first direction (figure 3a), the first battery assembly has a first surface (20a) facing the second battery assembly, and the second battery assembly has a second surface (20a) facing the first battery assembly; and
a separator (19-wedge member), located between the second battery assembly and the first battery assembly (figure 3a), wherein the separator has a third surface and a fourth surface (the surfaces of the wedge as seen in the annotated figure below), the third surface and the fourth surface respectively face the first surface and the second surface (see annotated figure below) and an equidistant structure is formed between the third surface and the fourth surface (as shown in Figure 3A, the angle theta is equal to each other and thus the wedge is surfaces would be equidistant from each other, furthermore the figure depicts the wedge is symmetrical),
wherein an expansion gap is formed between the first surface and the second surface, the expansion gap gradually expands from a second direction, and/or an expansion structure is formed between the third surface and the fourth surface, and the expansion structure gradually expands from the second direction, the second direction is perpendicular to the first direction, and the second direction extends from a bottom surface of the battery box to a top surface of the battery box (see annotated figure below).
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The separator is a beam member (see figure below that shows the wedge member 19 is a beam), such that when the separator is inserted between the second battery assembly and the first battery assembly from a third direction opposite to the second direction (as the wedge pushes down the batteries are pushed out towards the ends see arrows), the separator is able to drive at least a part of the firs battery assembly to move toward a direction away from the second battery assembly (see arrows in stacking direction) (figure 3a) [0048]..
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As to claim 2, Seki et al. discloses the first surface (20a) is a first inclined surface, the first inclined surface is inclined relative to the second direction (angle Q) toward a side away from the second surface (see above figure), and/or the second surface (20a) is a second inclined surface, the second inclined surface is inclined relative to the second direction toward a side away from the first surface (see figure above).
As to claim 3, Seki et al. discloses the third surface (19b) is a third inclined surface, the third inclined surface is inclined relative to the second direction toward a side away from the fourth surface, and/or the fourth surface (19b) is a fourth inclined surface, the fourth inclined surface is inclined relative to the second direction toward a side away from the third surface (figure 3a) [0035].
As to claim 4, Seki et al. discloses an inclination angle (angle theta) of the first inclined surface relative to the second direction is equal to an inclination angle of the second inclined surface relative to the second direction; and/or an inclination angle of the third inclined surface relative to the second direction is equal to an inclination angle of the fourth inclined surface relative to the second direction (see figure 3a, angle theta) [0035].
As to claim 6, Seki et al. disclose at least a part of the expansion gap fits the expansion structure (see figure 3a the wedge 19 fits between the surfaces of 20a).
As to claim 8, Seki et al. discloses the second battery assembly comprises a plurality of the second batteries (14) stacked in the first direction, when the separator (19) is inserted between the second battery assembly and the first battery assembly from the third direction (from the top), the separator is able to drive at least a part of the second battery assembly to move toward a direction away from the first battery assembly [0048].
As to claim 9, Seki et al. discloses the first battery assembly further includes a first end plate (20 end plate), the second battery assembly further includes a second end plate (20 end plate), the first end plate and the second end plate respectively have the first surface and the second surface (20a), when the separator (19) is inserted between the first end plate and the second end plate from the third direction (from the top), the separator is able to drive the first end plate and the second end plate to move (figure 3a) [0048].
As to claim 12, Seki et al. discloses the separator (19) is connected to the battery box (12), wherein the separator is detachably connected to the battery box (via screw 17).
As to claim 13, Seki et al. discloses the battery box comprises: a bottom plate (12c); a frame (12a, 12b), surrounding the bottom plate, wherein the separator is detachably connected to the bottom plate (via screw 17).
As to claim 14, Seki et al. discloses the separator (19) is connected to the bottom plate through a fastener (17).
As to claim 15, Seki et al. discloses each of the first batteries (14) comprises two opposite larger surfaces, and the first direction is perpendicular to the larger surfaces (large surfaces are perpendicular to the stacking direction/first direction-see figure 3a).
As to claim 16, Seki et al. discloses an assembly method of a battery pack, the assembly method comprising the following steps:
placing a first battery assembly and a second battery assembly in a battery box in a first direction (stacking direction), wherein the first battery assembly comprises a plurality of first batteries (14) stacked in the first direction, and the second battery assembly comprises a plurality of second batteries (14) stacked in the first direction; and
inserting a separator (19) between the first battery assembly and the second battery assembly from top to bottom to drive the first battery assembly and/or the second battery assembly to move [0046-0048].
wherein the first battery assembly has a first surface facing the second battery assembly, the second battery assembly has a second surface facing the first battery assembly (see figure below), the separator (19) has a third surface and a fourth surface, the third surface and the fourth surface respectively face the first surface and the second surface (see figure below), and an equidistant structure is formed between the third surface and the fourth surface (the wedge is symmetrical and angle theta is the same so there is a equidistant structure),
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the separator (19) is a beam member (see figure 3B depicts the wedge as a single piece), such that when the separator is inserted between the second battery assembly and the first battery assembly from a vertical direction perpendicular (second direction in figure above) to the first direction, the separator is able to drive at least a part of the first battery assembly to move toward a direction away from the second battery assembly (horizontal arrows in the stacking direction of the figure above).
As to claim 17, Seki et al. discloses the assembly method further comprising: connecting the separator (17) to the battery box (figure 3a via screw 17).
As to claim 18, Seki et al. discloses The assembly method of the battery pack according to claim 16, wherein the step of placing the first battery (14) assembly and the second battery assembly (14) in the battery box in the first direction (stacking direction) comprises:
placing the first batteries in the battery box in the first direction; placing the second batteries in the battery box in a direction opposite to the first direction, wherein after inserting the separator between the first battery assembly and the second battery assembly from top to bottom, pre-tightening is formed between the first batteries, and pre- tightening is formed between the second batteries [0046-0048].
As to claim 19, Seki et al. discloses the step of placing the first battery assembly and the second battery assembly in the battery box in the first direction further comprises:
placing a first end plate (20) and a second end plate (20) in the battery box (12), wherein the first end plate and the second end plate are oppositely disposed, wherein the separator is inserted between the first end plate and the second end plate from top to bottom (figure 3a).
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) 5, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seki (US 2020/0411819 A1) .
As to claim 5, Seki et al. discloses an included angle (theta -figure 3a) between the first inclined surface and the first direction; an included angle (theta -figure 3a) between the second inclined surface and the first direction; an included angle (theta -figure 3a) between the third inclined surface and the first direction ; and/or an included angle (theta -figure 3a) between the fourth inclined surface and the first direction. Although Seki does not explicitly state that the theta is between 60-85 Seki shows in figure 3a, the angle theta does appear between 60 and 85 degrees. Seki et al. teaches that the wedge can apply a strong compression to the cell stack to suppress expansion of the cells and enhance the energy density per unit volume while reducing the dimensions and weight of the energy pack (abstract).
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the angle between 60-85 degrees because this would allow the wedge to apply a strong compression to the cell stack to suppress expansion of the cells and enhance the energy density per unit volume while reducing the dimensions and weight of the energy pack
As to claim 20, Seki discloses the length of the first and second, the width and compresses the first and second battery assemblies but does not disclose the compression amounts as a percentage as is instantly claimed. Seki further teaches the axial force of the bolt is increased by the wedge effect of the inclined first abutment face and becomes a compressive force for the cell stack, it is possible to apply strong compression to the cell stack with a simple structure and to suppress expansion of the rectangular cell [0014] thus expressing the compressive force as a result effective variable.
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the compression force be applied in such a manner that it suppresses expansion of the cells. Therefore Seki does essentially teach before inserting the separator between the first battery assembly and the second battery assembly from top to bottom, a minimum distance between the first battery assembly and the second battery assembly is a, in the first direction, a length of the first battery assembly is b, a length of the second battery assembly is c, a width of a bottom portion of the separator is d, a compression amount of the first battery assembly is e, a compression amount of the second battery assembly is f, where d>a, e = (d-a)/2b, f = (d-a)/2c, wherein e = 0.5% to 2%, f= 0.5% to 2%.
As to claim 21, Seki discloses the method of assembling the battery pack as is taught in [0046-0048] but does not teach the reversal method of disassembly. However, it would have been obvious to one of ordinary skill in the art at the time the application was filed to be able to reverse the steps and releasing connection between a separator and a battery box (by removing the screw); removing the separator from the battery box (removing the wedge); and removing at least a part of a first battery assembly on one side of the separator (remove the batteries) because the mere reversal of movement is held to be an obvious modification See MPEP 2144.04VI.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seki (US 2020/0411819 A1) in view of Wu et al. (CN 111554837 A., machine translation provided).
As to claim 10, Seki et al. discloses the wedge but does not disclose the material being insulated. Wu et al. discloses a compressing plate/endplate that includes an insulating layer of alumina to be sheath to the endplate [0045].
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include the alumina layer of Wu to the wedge because this would insulate the cells.
As to claim 11, Modified Seki discloses an alumina on the end plate to insulate the cells thus by having applicant structure (0055 of instant application) it is expected that the materials have the same property. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.Therefore modified Seki discloses the first insulating end plate comprises a first elastic structure, and the second insulating end plate comprises a second elastic structure, wherein an elastic modulus of the first elastic structure is 8000 MPa to 12000 MPa, and an elastic modulus of the second elastic structure is 8000 MPa to 12000 MPa.
Furthermore, The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Response to Arguments
Applicant's arguments filed 9/7/2025 have been fully considered but they are not persuasive.
Applicant argues that wedge member is not a beam member.
The examiner disagrees because in figures 3a and 3b depicts the wedge member as one piece thus is a beam.
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Applicant argues that the tightening of the bolt moves the battery and not the separator/wedge.
The argument is not persuasive because the wedge 19 applies the pressure to the endplates which is the same movement as that of applicants.
While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997.)
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 MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Maria Laios/Primary Examiner, Art Unit 1727
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