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
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.
Claims 1-7, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) a being anticipated by U.S. Patent Application Publication No. 2014/0120413 to Nielsen ("Nielsen"). Regarding claims 1 and 9, Nielsen discloses an enclosure for enclosing a battery or other electrochemical module. Nielsen at Abstract and paragraph [0038]. The enclosure includes a first housing portion (12) corresponding to the recited first housing shell and a second housing portion (14) corresponding to the recited second housing shell. First housing portion (12) includes a first rim (18) corresponding to the recited first collar and the second housing portion (14) includes second rim (20) corresponding to the recited second collar.
First rim (18) and second rim (20) abut one another, sealing through grommet (22) positioned between the two rims such that the first and second housing portions form a sealed volume (16) in which the battery is housed. Id. at paragraph [0038]. Contact surfaces (28 and 30) of the first rim and second rim respectively include grooves (40) formed therein for receiving the sealing grommet to enhance friction with the grommet. Id. at paragraph [0046].
The enclosure further includes crimp ring (24) that exerts compressive forces against first rim and second rim to seal the enclosure and corresponding to the recite at least one connection element. Id. at paragraph [0042]. The crimp ring is in the form of a general C-shape, having a straight back section connecting two curved portions each curved portion ending in a projecting opposed edges (36 and 38). Each of the curved portions is considered to correspond to one of the two pressure limbs. The first rim includes a first channel (32) and the second rim includes a second channel (34) that are configured to receive opposed edges (36 and 38) of the crimp ring such that the projecting opposed edges are received therein. Thus, the depressions and projecting outermost edges of the respective first channel and second channel form the recited first latch and the opposed edges of the crimp ring correspond to the recited second latch.
Further regarding claims 2, 4, 7 and 11, as noted above the channels (42 and 34) are formed by associated projecting outermost edge and depression, with the projected opposed edges of the crimp ring fitting into the depression and behind the edge portion of the rims that form the channels. The crimp ring is seated in this position by crimping to deform the crimp ring into place. Thus, these projecting opposed edges of the crimp ring are considered to correspond to the recited latching projection.
Further regarding claim 5, the c-shaped crimp ring can be considered to be formed as a recess into which the projecting outermost edge of the rim fits, with the opposed edges of the crimp ring projecting out from that recess. Reference is made to the annotated portion of the crimp ring of Figure 7 of Nielsen shown in the previous Action to clarify which portions is considered to correspond to the recess of the crimp ring, what is considered to be the latching projection, and what is considered to correspond to the pressure limbs.
Further regarding claim 6, the crimp ring in some embodiments includes a plurality of gaps (46) formed in the pressure limb portions of the crimp ring. Id. at paragraph and Figures 8-11.
Further regarding claim 12, as noted above Nielsen discloses incorporating a battery into its space (16). The Office notes that “traction battery” doesn’t imply any specific structure but merely a battery that is used to power the motor of a vehicle. Thus, the requirement that it be a traction battery for a motor vehicles is nothing more than an intended use, and thus Nielsen’s disclosure of a battery is sufficient to meet the structural requirements of the claim since the battery is capable of providing power to at least a small electric motor of a small electric vehicle.
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.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0312245 to Schroder (“Schroder”) in view of U.S. Patent Application Publication No. 2011/0159332 to Dong (“Dong”) and Nielsen. Schroder discloses a traction battery including a lower shell (5) and an upper shell (6) each having a respective contact flange (7 and 8) around the perimeter that form a contact region where the lower shell and upper shell are sealed together via a ring seal interposed therebetween. Thus, these contact flanges are considered to correspond to the recited first and second collars. Schroder is silent regarding the first and/or second collar having a receiving groove in which the ring seal id disposed. Nonetheless, as discussed above, Nielsen discloses in a related flange-sealed battery housing, that providing grooves on the flange surfaces for receiving such a ring seal can improve the friction and thus seal in the system, making such grooves an obvious modification of Schroder as a means of improving the sealing between its flanges.
The contact flanges are held together by a U-shaped rail element (11) considered to correspond to the recited connection element. The U-shaped rail includes upper flange (13) and lower flange (14) that act to apply the clamping force against the contact flanges of the respective upper and lower shell. Thus, the upper flange and lower flange of the rail element are considered to correspond to the first and second pressure limbs. These two flanges/pressure limbs are connected by web (12) portions of the rail, which correspond to the recited rear wall. Schroder at paragraphs [0023] and [0024]. Along at least one end of the web is a flange (25) of the web that includes a first hole that interacts with a securing pin. The securing pin further interacts with a hole formed in the upper shell (6) such that the combination of the securing pin which has latching means, the hole in the rail element and the hole in the upper shell create a releasable mechanical fastening means. Thus, the first hole (24) is considered to correspond to the recited second latch, since it is an opening in a portion of the web (12) of the U-shaped rail element. Moreover, when secured, the pin extends out from the portion of the upper shell (6) that corresponds to the transition portion of its contact flange. Thus, the pin can be considered to correspond to the recited first latch of the first collar. Schroder at paragraph [0030] and Figs. 4 and 5.
Schroder is silent regarding the specific nature of the latching means included in the pin that allows for its ability to releasably mechanically fasten to the flange (25) of the web (12) and rail (11). Nonetheless, the Office finds that any commonly known latching means, including use of a hook that elastically deforms/bends to pass through an opening and then return to its original position thereby hooking itself to the back of the opening is nothing more than the obvious use of a commonly known releasable latching means to achieve the desired latching means of the pin creating the needed releasable mechanical fastening taught in Schroder. See, e.g., Dong at paragraph [0021] and Figure 2.
Response to Arguments
Applicant's arguments filed 12/17/25 have been fully considered but they are not persuasive.
Regarding claims 1-7, 11, and 12, Applicant argues Nielsen differs from the claimed invention because its grommet is only received in the grooves when the clamping force is applied. Even taking the facts of that argument as true, it is unclear how that would distinguish the claims over Nielsen since the claims do not preclude latching force from being applied when the seal is received in the groove.
Regarding claim 8, Applicant seems to believe the previous Office action mistakenly left out reference to Nielsen in rejecting that claim. It did not. The previous rejection of claim 8 was separate and distinct from the rejection of claims 1-7 and 9-12 and was over Schroder and Dong alone. No rejection of claim 1 was made over Schroder and Dong since that claim was already rejected as being anticipated by Nielsen. The amendment to claim 1, from which claim 8 depends, has led to the addition of Nielsen as a secondary reference to the rejection of claim 8, but claim 8 is still a different rejection than that of claim 1 over Nielsen, the rejection of claim 8 using Schroder as a primary reference.
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.
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/WYATT P MCCONNELL/Examiner, Art Unit 1727