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 12/29/2025.
Claim 1 has been amended to include the previous allowable subject matter of claim 2, Claim 9 has been amended support is found in claim 10 and figure 12 and [0088].
Claim 2 and 10 have been cancelled.
Claims 1, 3-7 and 11-12 are currently pending.
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.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kakuchi et al. (US 2009/0239137 A1).
As to claim 9, Kakuchi et al. discloses a tray (90-housing) for a secondary battery, which is loaded in multiple stages, the tray comprising:
an accommodation part having a bottom surface (91-bottom plate), on which the secondary battery (1) is configured to be disposed (figure 10), and a side surface (93) provided along an edge of the bottom surface to accommodate the secondary battery; and
a pressing part (200-wedge member) provided on the side surface (see figure 10 –[0082]) and having a structure that protrudes toward the secondary battery to press a side portion of the secondary battery accommodated in the accommodation part, thereby fixing the secondary battery(the wedge is inserted to the space SPA),
wherein the pressing part has an inverted triangular cross-sectional shape in which a thickness of the pressing part increases in a direction of the secondary battery from a lower end to an upper end of the side surface connected to the bottom surface (see figure 10),
wherein the secondary battery accommodated in the tray is prevented from being pulled out through the pressing part having the inverted triangular cross-section [0084], and
however Kakuchi et al. fails to disclose wherein the pressing part and the side surface are integrally formed.
However it has been held that "the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice” (MPEP 2144.04).
As to claim 12, Kakuchi discloses a tray assembly for a secondary battery, comprising: the tray for the secondary battery of claim 9; and
an accommodation box configured to accommodate the tray for the secondary battery [0003].
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (US 2014/0030570 A1).
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) 9 and 12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Imanishi et al. (US 2014/0030570 A1).
As to claim 9, Imanishi et al. discloses tray (10-resin case) for a secondary battery, which is loaded in multiple stages, the tray comprising:
an accommodation part having a bottom surface (14), on which the secondary battery (5) is configured to be disposed, and a side surface (13) provided along an edge of the bottom surface to accommodate the secondary battery (figure 9b); and
a pressing part (15 protrusion-Figure 9a, 9b) provided on the side surface (part 15a-c extend from 13) and having a structure that protrudes toward the secondary battery to press a side portion of the secondary battery accommodated in the accommodation part, thereby fixing the secondary battery,
wherein the pressing part has an inverted triangular cross-sectional shape in which a thickness of the pressing part increases in a direction of the secondary battery from a lower end to an upper end of the side surface connected to the bottom surface (see figure 9b),
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wherein the secondary battery accommodated in the tray is prevented from being pulled out through the pressing part having the inverted triangular cross-section, and
wherein the pressing part and the side surface are integrally formed (see figure 9b).
As to claim 12, a tray assembly for a secondary battery, comprising: the tray for the secondary battery of claim 9; and
an accommodation box configured to accommodate the tray for the secondary battery [0025].
Allowable Subject Matter
Claims 1, 3-8 and 11 are allowed.
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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/Maria Laios/ Primary Examiner, Art Unit 1727