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
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 1-5, 7-8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakabayashi et al. (WO 2020153017 A1, published 30 July 2020, paragraphs cited from the provided English translation).
Regarding claim 1, Wakabayashi et al. discloses a battery case (2) comprising: a battery container (battery holder 4) including a battery containing chamber (4) containing a plurality of cylindrical batteries (1), and an inner gas discharger (discharge valve) for discharging a gas generated in the plurality of cylindrical batteries (1) on at least one side (the discharge valve(s) face end wall 24) in a height direction (longitudinal direction) of the plurality of cylindrical batteries (1) fixed to the battery containing chamber (4, [0022]; Figs. 2-3); and one or more gas exhaust passages (diffusion space 25) each including a height-direction passage part (diffusion space 25 extends in the longitudinal direction, [0034-0036]; see Fig. 3) that is located inside an outer wall part (surface plate 21) including an outer surface in contact with an outer region (the outer surface of 21 faces the external environment) and outside the battery container and is elongated in the height direction (longitudinal direction, [0035]; see Figs. 3-4), and an outer gas discharger (through holes 5a) for discharging the gas to an outside, the one or more gas exhaust passages (25) each guiding a gas from the inner gas discharger (discharge valve) to the outer gas discharger (5a, the arrows in Figs. 2-4 show a variety of paths that exhaust gas can take from the discharge valves to the through holes 5a, [0025, 0035-0036]). Therefore, Wakabayashi meets the limitations of claim 1.
Regarding claim 2, Wakabayashi et al. meets the limitations of claim 1 as discussed above. Wakabayashi further discloses an inner case (battery holder 4) that includes the battery container (4); and an outer case (2) that contains the inner case (4), wherein the one or more gas exhaust passages (25, [0036]) are defined by an outer surface of the inner case (outer surface of 4) and an inner surface of the outer case (inner surface of case 2, which comprises surface plate 21, side walls 23, and end walls 24, [0024]; Figs. 1-3). Therefore, Wakabayashi meets the limitations of claim 2.
Regarding claim 3, Wakabayashi et al. meets the limitations of claim 1 as discussed above. Wakabayashi further discloses that an inner surface of the height-direction passage part (25) includes a curved surface (corresponding to the outer curved surface of battery holder 4) elongated along a cylindrical outer peripheral surface of each of the plurality of cylindrical batteries (1, see Fig. 2). Therefore, Wakabayashi meets the limitations of claim 3.
Regarding claim 4, Wakabayashi et al. meets the limitations of claim 1 as discussed above. Wakabayashi further discloses that the battery container (4) is fixed in a state where the plurality of cylindrical batteries (1) are arranged in a plurality of columns (columns extending in the longitudinal direction, see Fig. 1, 4) to be aligned in an alignment direction (direction extending between side walls 23) orthogonal to the height direction (longitudinal direction), and includes a first corner passage part inside a first corner (diffusion space 25 extends into the upper corners of case 2, see Fig. 2) located on a first side of the battery container (4) in the alignment direction (the examiner considers the side of battery holder 4 which is closest to circuit board 3 to be the “first side,” see Fig. 2), and a second corner passage part located on a second side of the battery container in the alignment direction (the examiner consider the side of battery holder 4 opposite the circuit board 3 to be the “second side,” see Fig. 2) and inside a second corner opposing the first corner in the alignment direction (diffusion space 25 extends into the upper corners of case 2, see Fig. 2), and each of the first corner passage part and the second corner passage part is the height- direction passage part (both corners are integrally included in diffusion space 25, [0022]; Figs. 2-4). Therefore, Wakabayashi meets the limitations of claim 4.
Regarding claim 5, Wakabayashi meets the limitations of claim 1 as discussed above. Wakabayashi further discloses that the battery container (4) is fixed in a state where the plurality of cylindrical batteries (1) are arranged in a plurality of columns (columns extending in the longitudinal direction, see Fig. 1, 4) to be aligned in an alignment direction (direction extending between side walls 23) orthogonal to the height direction (longitudinal direction), and includes a central passage part (central portion of diffusion space 25) located, regarding the alignment direction, between an end on a first side (closest to circuit board 3, as discussed regarding claim 4 above) of each of the plurality of cylindrical batteries (1) belonging to a first column located on the first side in the alignment direction of two rows adjacent to each other in the alignment direction (see rows in Figs. 1, 4) and an end on a second side (opposite circuit board 3, as discussed regarding claim 4 above) of each of the plurality of cylindrical batteries (1) belonging to a second column located on the second side in the alignment direction of the two rows, and the central passage part is the height-direction passage part (see portion of diffusion space 25 located between plate 5 and battery holder 4, which extends in both the longitudinal direction and the alignment direction, [0022]; Figs. 2-3). Therefore, Wakabayashi meets the limitations of claim 5.
Regarding claim 7, Wakabayashi meets the limitations of claim 1 as discussed above. Wakabayashi further discloses that the inner gas discharger (discharge valve) is located on both sides (openings of the discharge valves face the end wall 24) in the height direction (longitudinal direction) of the battery container (4), and the outer gas discharger (5a) is located at a central part (opening 26) other than both ends in the height direction (longitudinal direction, [0024, 0036]; see the arrows in Fig. 4). Therefore, Wakabayashi meets the limitations of claim 7.
Regarding claim 8, Wakabayashi meets the limitations of claim 1 as discussed above. Wakabayashi further discloses a first member (upper case 2A); and a second member (lower case 2B) fixed to the first member (2A), wherein an inner surface of the height-direction passage part (25) includes a first inner surface (inner surface of 21 corresponding to 2A defines the diffusion space 25, see Figs. 2, 3) constituted by a part of the first member (2A) and a second inner surface (inners surface of 21 corresponding to 2B further defines the diffusion space 25, [0024-0025]; see Figs. 3, alternate embodiment Fig. 8) constituted by a part of the second member (2B). Therefore, Wakabayashi meets the limitations of claim 8.
Regarding claim 10, Wakabayashi meets the limitations of claim 1 as discussed above. Wakabayashi further discloses a battery pack (100, 200, [0022, 0038]; Figs. 1, 8) comprising: the battery case (2) according to Claim 1, as discussed above, and the plurality of batteries (1) arranged in the battery containing chamber (4) of the battery case (2). Therefore, Wakabayashi meets the limitations of claim 10.
Claim Rejections - 35 USC § 103
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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi et al. (WO 2020153017 A1, paragraphs cited from the provided English translation).
Regarding claim 6, Wakabayashi meets the limitations of claim 1 as discussed above. Wakabayashi further discloses that the inner gas discharger (discharge valve) is disposed on one side of the battery cells (1) in the height direction (openings of the discharge valves face the end wall 24), and the height-direction passage part (25) guides the gas from an end (openings of the discharge valves face the end wall 24) on one side of the battery cells (1) in the height direction (longitudinal direction) to the outer gas discharger (5a). Wakabayashi does not clearly teach that the outer gas discharger (5a) is disposed only on one side in the height direction.
However, it would have been obvious to one of ordinary skill in the art to move the outer gas discharger (through holes 5a) from the outer wall part (surface plate 21) to an end wall (24) opposite the end wall (24) facing the inner gas discharger (discharge valves). Wakabayashi further teaches that when the end walls (24) are formed from heat-resistant materials, exhaust gases can be dispersed to the surrounding area through the end walls (24), as opposed to through the outer wall part (surface plate 21, [0024, 0036]). The Courts have held that a simple rearrangement of parts would be obvious to one of ordinary skill in the art if it would not have modified the operation of the device (see MPEP § 2144.04). Since Wakabayashi teaches that gases can be dispersed through the end walls so long as the materials are heat-resistant, one of ordinary skill in the art would not expect the operation of the battery case to be substantially modified. Therefore, modified Wakabayashi meets the limitations of claim 6.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi et al. (WO 2020153017 A1, paragraphs cited from the provided English translation) in view of Fujikawa et al. (US 20090197153 A1, published 6 Aug 2009).
Regarding claim 9, Wakabayashi meets the limitations of claim 2 as discussed above. Wakabayashi further discloses that the outer gas discharger (5a) is one or more through-holes (5a), and the battery case (2) includes a porous/perforated plate (5) arranged to cover the one or more through-holes (5a, [0035]; Figs. 1, 4-5). While Wakabayashi does not teach that the porous plate (5) is a mesh member, Wakabayashi teaches that a metal mesh member provided in ventilation holes of an outer case ([0002-0004]) is known in the art (Fujikawa et al, US 20090197153 A1).
It would have been obvious to one of ordinary skill in the art that the porous plate (5) of Wakabayashi could alternatively be substituted for a metal mesh member, as taught by Fujikawa. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved (see MPEP § 2143, B.). Therefore, modified Wakabayashi meets the limitations of claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA J SIMMONS whose telephone number is (571)272-3036. The examiner can normally be reached M-F: 9:30a - 6p.
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/A.J.S./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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