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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/31/2024, and 01/12/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 22 is objected to because of the following informalities:
Claim 22 contains the language “and or” in line 3 of the claim. This language is objected to due to a missing “/” in the “and/or” phrase, which is used later in line 3 of the same claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18, 19, and 23-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “in particular” in claim 18 is a relative term which renders the claim indefinite. The term “in particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Here, it is not clear if the limitation which is represented as being “in particular" is required by the claim or if it is optional. For the purpose of examination, this limitation is interpreted as being optional.
The term “in particular” in claim 1 is a relative term which renders the claim indefinite. The term “in particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Here, it is not clear if the limitation which is represented as being “in particular" is required by the claim or if it is optional. For the purpose of examination, this limitation is interpreted as being optional.
Claim 23 recites the limitation "the head part bar" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the free connecting lug" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 is indefinite due to the language “an electrically conductive connecting element”. Here, this language is indefinite as claim 26 recites “an electrically conductive connecting element”. It is not clear, based on the language of the claim if this refers to the same element or a new element.
Claim 26 recites the limitation "the same features" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "the opposite first side wall" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 16-18, 20-21, and 23-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han (US 2015180093 A1).
Regarding Claim 16, Han is an analogous art to the instant application, disclosing an energy storage module for storing electric energy (Abstract, “A battery pack is disclosed.”) comprising an energy storage device having an upper side, a lower side, and a substantially rectangular outer periphery, shown in Han’s figure 4.. Additionally, Han’s energy storage device includes a plurality of energy storage units, each of which has at least two adjacent energy storage cells with poles aligned with the top side and the bottom side of the energy storage device, shown in Han’s figure 1, where a plurality of adjacent batteries 20 (Paragraph 0028, “Referring to FIGS. 1 and 2, the battery pack includes: a case 10 in which a plurality of batteries 20 are received”) are having poles at top and bottom ends are aligned with top and bottom sides of the energy storage devices.
Additionally, Han discloses structure where the positive poles of each of the energy storage units are connected to one another via a first electrically conductive cell connector (Paragraph 0028, “electrode tabs 30 connecting electrodes of the plurality of batteries 20 as one unit;”), shown in figure 2, where the positive and negative terminals of the batteries 20 connect to respective electrode tabs 30, thereby also having the negative poles be connected to one another via a second electrically conductive cell connector.
Additionally, Han discloses structure where the first cell connector is electrically connected to a first connecting lug and the second cell connector is electrically connected to a second connecting lug (Paragraph 0028, “An external terminal 40 is coupled to one of the electrode tabs 30 using screws 50 and transmits current between the batteries 20 and an element connected to the battery pack.”), shown in Han’s figure 2, where the connecting lugs are arranged on an outer side of the energy storage unit, facing a first surface of the rectangular outer circumference of the energy storage device, as shown in Han’s figure 4, wherein in each case the first connection lug of the energy storage units is connected via an electrically conductive connecting element 60to the second connection lug of the that energy stage unit which is adjacent to it in a longitudinal direction of the first side surface (Paragraph 0028, “A bus bar 60 is coupled to the external terminal 40 using a nut 71 and a washer 72 , so that the battery pack may be connected to an adjacent battery pack in series or in parallel, as shown in FIG. 4.”). Here, where the active face of the first side wall faces in to the energy storage module, the longitudinal direction of the first side face is interpreted as aligning with this direction.
Additionally, Han discloses structure wherein the energy stage module further comprises a housing with a side wall associated with the first side surface, shown in Han’s figure 4, where the side walls adjacent to the energy storage unit on the outer end extends up past the first side surface, and is therefore a side wall associated with the first side surface. Additionally, Han discloses that the connecting elements are fastened to the connection lugs, and that the attached energy storage units are fastened to the surrounding structure (Paragraph 0041, “The sliding rib 13 of the case 10 is inserted into an insertion groove 201 of the housing 200 . The sliding rib 13 slides along the insertion groove 201 , thereby making it possible to easily insert the battery pack into the housing 200.”). Accordingly, where the whole structure is fastened together, the connecting elements are therefore transitively fastened to side wall, thereby allowing for the connecting elements to be fastened to their associated connection lugs.
Regarding Claim 17, Han anticipates the invention of Claim 16. Additionally, Han discloses structure where the side wall has fixing windows, shown in figure 4. Here the fixing windows are aligned with energy storage units, where the energy storage units include connecting lugs, the fixing windows are therefore associated with connection lugs, and aligned therewith, via the directional steps that need to be taken to reach them from the fixing windows.
Additionally, in regards to the limitation that requires that the fixing windows are positioned that “via with the connecting elements can be fixed to the connection lugs from outside the housing”, this limitation does not require that said connecting structure be present, but rather that it is possible to occur. As the fixing windows are gaps through which one can reach, it is therefore possible to fix the connecting elements to the connection lugs from outside the housing through reaching through the fixing windows.
Regarding Claim 18, Han anticipates the invention of Claim 17. Additionally, in regards to the limitation of the instant claim which requires that the side wall has at least one, in particular two, latching elements per fixing window adjacent to the fixing window for fixing the connecting element associated with the fixing window, the side walls of Han have the lid and floor components, which are latching elements adjacent to the fixing windows, one of the two corresponding to each of the fixing windows shown in Han’s figure 4. Here, the lid and floor are latching elements as a result of their insertion grooves 201 (Paragraph 0041, “The sliding rib 13 of the case 10 is inserted into an insertion groove 201 of the housing 200 . The sliding rib 13 slides along the insertion groove 201 , thereby making it possible to easily insert the battery pack into the housing 200.”) which fix the entirety of the plurality of battery units and their associated secondary components, which include the connecting elements associated with the fixing windows, associated through alignment within the energy storage module. Here, where the latching elements fix the group of batteries and connecting elements, they fix each connecting element.
Regarding Claim 20, Han anticipates the invention of Claim 16. Additionally, Han discloses structure wherein the housing further comprises a bottom and a lid, shown in Han’s figure 4, where the side wall has at its upper end a longitudinally extending corner recess for vertically supporting and laterally fixing the lid, where the side walls have lips, and recessed regions, to accommodate and support the lid.
Regarding Claim 21, Han anticipates the invention of claim 20. Additionally, Han discloses structure where the side wall comprises a plurality of fastening element receptacles facing the upper edge, having a front side end of the slot for the lid, and a rear side end of the slot for the lid, which are means by which the lid can be fixed on the associated corner recesses, via a friction fit.
Regarding Claim 23, Han anticipates the invention of Claim 16. Additionally, Han discloses structure where the housing comprises, on at least one of the end faces of the rectangular outer circumference of the energy storage device, a head part covering the adjacent energy storage unit, here, the lid, which is an end face of the rectangular circumference, in being a face on the end of the rectangular circumference. Here, the lid has a plurality of fastening element receptacles 201 (Paragraph 0041, “The sliding rib 13 of the case 10 is inserted into an insertion groove 201 of the housing 200”) pointing towards the upper edge of the head part, by means of which the lid can be fixed to the head part bar, where the head part bar are the sliding ribs 13 on the tops and bottoms of the energy storage units.
Regarding Claim 24, Han anticipates the invention of Claim 23. Additionally, Han discloses structure where the head part is connected to the free connecting lug of the adjacent energy storage unit via at least one electrically conductive terminal element, disclosing terminal elements 40 (Paragraph 0035, “The external terminal 40 includes an inner terminal 42”), which are physically connected to the adjacent energy storage units via the connecting elements, as shown in figures 2 and 4, which are also physically connected to the head part. This results in structure where the head part is transitively connected to the free connecting lugs of the adjacent storage elements via a physical connection to the at least one electrically conductive terminal element.
Regarding Claim 25, Han anticipates the invention of Claim 15. Additionally, Han discloses structure wherein the first cell connector is electrically connected to a third connecting lug 50 and the second cell connector is electrically connected to a fourth connecting lug 50, shown in their figure 2, where the connecting lugs 50 face the first side surface of the energy storage unit. Additionally, where the connecting lugs connect to the terminals 40, and the terminals of energy storage units are electrically interconnected by the connecting elements, the third connecting lugs are therefore respectively connected to the fourth connecting lug via the electrically conductive connecting elements which are respectively adjacent in a longitudinal direction of the first side surface.
Regarding Claim 26, Han anticipates the invention of Claim 24. Additionally, Han discloses structure where the housing comprises a second side wall associated with the second side surface, as shown in their figure 4, where the second side wall is identical to the first side wall, and therefore has the same features as the opposite first side wall.
Regarding Claim 27, Han anticipates the invention of Claim 16. Additionally, Han discloses structure where the energy storage module can comprise at least 13 energy storage units arranged side by side in the longitudinal direction of the side wall, based on the number of battery packs 10 and insertion grooves 201, which are grooves for accommodating battery packs (Paragraph 0041, “The sliding rib 13 of the case 10 is inserted into an insertion groove 201 of the housing 200 . The sliding rib 13 slides along the insertion groove 201 , thereby making it possible to easily insert the battery pack into the housing 200 .”)
Regarding Claim 28, Han anticipates the invention of Claim 16. Additionally, Han discloses structure wherein the at lest two energy storage cells of the energy storage units are adjacent in the longitudinal direction of the side wall, based on figures 2 and 4, where additionally, the energy storage unit further comprises a plurality of further pairs of energy storage cells which are each adjacent in the longitudinal direction of the side wall, as shown in figure 2, which shows additional pairs of energy storage cells. Additionally, based on the placement of the energy storage unit next to the side wall, the direction from the side wall to the pairs of energy storage units is transverse to the side wall, resulting in structure where the energy storage cell pairs extend in a direction transverse to the side wall.
Regarding Claim 29, Han anticipates the invention of Claim 16. Additionally, Han discloses structure wherein in each case all positive and all negative poles are aligned with the upper side or the lower side of the energy storage device, based on their figure 2, where the positive and negative poles are each aligned with a side that is either the upper side or the lower side of the energy storage device. Additionally, as depicted in figure 4, the connecting elements connect the tops of the connecting lugs to the bottoms of the adjacent connecting lugs, thereby resulting in structure where the connecting elements diagonally connect adjacent energy storage units in each case.
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(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 20150180093 A1) as applied to claim 16 above, and further in view of Tyler (US 20150072209 A1).
Regarding Claim 19, Han anticipates the invention of Claim 16. Additionally, in regards to the limitation which requires structure wherein the side wall comprises a plurality, in particular corresponding to the number of energy storage cells, of spring elements for generating a bias between the side wall and the energy storage module in the assembled state of the side wall, Han fails to disclose said structure. Therefore we look to Tyler, which is an analogous art to the instant application, relating to the art of energy storage modules (Paragraph 0008, “The present disclosure relates to batteries and battery modules. More specifically, the present disclosure relates to all electrochemical and electrostatic energy storage technologies”). Here, Tyler discloses structure which comprises a finger disposed to exert a force to hold down battery cells within a housing, making use of a respective spring to bias the finger onto the battery cells (Paragraph 0196, “The fingers 294 may be angled downward initially and, once placed in contact with the battery cells 54, may exert a slight force (e.g., downward force F) to hold down the battery cells 54 within the lower housing 50. In some embodiments, each finger 294 may be disposed on a respective hinge 291 (e.g., as described above) that includes a respective spring 293, where the respective spring 293 is configured to transfer a spring force through the finger 294 and as a downward force F onto the battery cell 54 corresponding to the finger 294. Specifically, the spring 293 disposed around the hinge 291 may bias the flexible finger 294 at the downward angle in order to apply a compressive force (e.g., downward force F) to the corresponding battery cell 54 when the finger 294 is brought into contact with the battery cell 54.”).
Here, Tyler further discloses that these fingers and the biasing allow for the holding of battery cells and adjacent housing components to be held in place within the battery module (Paragraph 0196, “The fingers 294 may accommodate variances in height of the assembled battery cells 54, such that all of the battery cells 54 may be held in place between the lid 290 and the lower housing 50,”). Here, where Han discloses that holding battery units in place and allowing for easy insertion of battery units is a desired goal of their invention (Paragraph 0041, “The sliding rib 13 of the case 10 is inserted into an insertion groove 201 of the housing 200 . The sliding rib 13 slides along the insertion groove 201 , thereby making it possible to easily insert the battery pack into the housing 200 .”), it would be obvious to one ordinarily skilled in the art to apply the finger and biasing spring to the rear side wall of Han, thereby resulting in structure where the side wall comprises a plurality of spring elements for generating a bias between the side wall, and the energy storage module, in the assembled state of the side wall, where the energy storage units are a part of the energy storage module.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 20150180093 A1) as applied to claim 17 above, and further in view of Heimer (US 20020015880 A1).
Regarding Claim 22, Han anticipates the invention of Claim 17. Additionally, in regards to the limitation which requires structure wherein the side wall has, on its side facing away from the energy storage module, a stiffening part extending substantially in the longitudinal direction of the side wall, and having a plurality of apertures aligned with the fixing windows, Han fails to disclose said structure. Therefore, we look to Heimer, which is an analogous art to the instant application, being in the art of energy storage modules (Paragraph 0002, “This invention relates to lead-acid batteries in general”).
Here, Heimer discloses structure which comprises reinforcing stiffening ribs, which extend both longitudinally and latitudinally, shown in their figure 3, which act to add strength to side walls without needing to significantly increase the amount of plastic used (Paragraph 0028, “Each of the side walls 20 of module 10 include a pattern of stiffening ribs 32 formed therein. The stiffening ribs 32 allow for strength to be added to the side walls without the need to increase the amount of plastic used. The stiffening ribs also facilitate injection molding of the module.”). Additionally, Heimer discloses air flow apertures, located between the stiffening ribs (Paragraph 0029, “The side walls 20 also include a pattern of apertures 34 therethrough. Apertures 34 allow air flow through the side walls which is necessary when the modules support a plurality of battery cells. While not shown in the figures, the back wall 22 may also include both stiffening ribs and air flow apertures as may be required.”), which are disclosed as being necessary when the stiffening ribs are present. Based on Heimer’s disclosure of the stiffening ribs enhancing material strength without significantly increasing plastic usage, it would be obvious to one ordinarily skilled in the art to apply the stiffening rib structure of Heimer to the exterior of the side wall of Han, thereby reading upon and making obvious the limitation of the instant claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725