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 .
Election/Restrictions
Applicant’s election of Group 1, claims 1-7 and 12-15, without traverse in the response filed April 27, 2026, is acknowledged. In that same response Applicant filed an amendment withdrawing claims 8-11 and 16-20.
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 12-14 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.
Claim 12 recites “the body” without antecedent basis. For examination purposes the term will be interpreted as referring to the battery cells.
Claim 13 recites “wherein subsets of the plurality of battery cells are connected in series and wherein the subsets are connected in parallel.” It is unclear how this arrangement can be made as such an arrangement will lead to a short circuit. Regardless of what is meant, it is noted that wiring of a battery pack, with some cells connected to one another in series and others in parallel, is considered to be nothing more than routine configuration in order to achieve a desired current capacity and/or voltage output for a given application need.
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(s) 1-7 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0220238 to Yeh (“Yeh”) in view of U.S. Patent Application Publication No. 2011/0195284 to Yasui (“Yasui”)
Regarding claims 1-4, Yeh discloses a battery pack comprising a plurality of cylindrical battery cells (200) and two holders (100), one upper and one lower. At paragraph [0023] and Figure 1. The upper and lower holders are parallel to one another and spaced apart roughly by a distance equal to the length of the battery cells. Each holder includes a plurality of holding holes (110) coaxially arranged with a battery axis, with an upper end of each battery cell held in a holding hole of the upper holder and a lower end of each battery held in a holding hole of the lower holder. The cells are arranged parallel to one another along their longitudinal axis, with figures showing a uniform square arrangement of the cells laterally and some embodiments including a honeycomb/closest-pack nonuniform hexagonal arrangement. Id. at paragraphs [0023]-[0025] and Figure 1.
Although Yeh doesn’t disclose the location of its positive and negative terminals, the batteries shown in the drawings appear to include a traditional positive terminal associated with a top cap of each battery cell. Regardless, cylindrical batteries such as those used in Yeh are conspicuously known in the art to commonly include a cylindrical housing containing a spiral-wound anode/separator/cathode electrode assembly and electrolyte therein, the housing having an upper opening for receiving the electrode assembly, a cap plate sealing that upper opening, often located adjacent to a pressure plate configured to vent hot gasses from the interior of the battery cell in the event of overheating, where the cap plate is electrically connected to the positive electrode thus forming a positive terminal and the negative electrode being electrically connected to a bottom surface of the battery thereby forming a negative terminal. See, e.g., Yasui at Figure 1 and description thereof. Because this is a common cylindrical battery structure, use of a cylindrical battery having this structure in the battery pack of Yeh is considered nothing more than a use of a commonly known structure for its intended purpose to achieve a predictable result.
Further regarding claims 5-7, Yeh further discloses that a fireproof structure is provided surrounding each cell, acting as spacers between the cells, where the fireproof structure includes a heat absorbing sleave against/around the sidewall of each cell, and a heat resistant layer made of fire resistant materials adjacent the heat absorbing layer. Yeh at paragraphs [0026], [0031], and [0032].
Further regarding claims 12-14, Yeh is silent regarding how the battery cells are electrically connected to one another to form a functioning battery pack. Nonetheless, Yasui again shows a common structure for this, including a bus bar/wiring imbedded in an insulating board (30/60) located between the upper housing holding the battery cells and the battery cells themselves, where the conductive bus bar/wiring connects the cells in the desired electrical arrangement. The insulating material ensures that conductive portions that are not intended to be connected to one another remain isolated from one another, provides mechanical strength, and some heat resistance. Yasui at paragraphs [0059] and [0068]-[0070]. Thus, in order to allow the batteries of Yeh to be connected while maintaining desired insulation between other components and heat resistance, the person of ordinary skill in the art at the time of invention would have considered use of the insulator/bus bar wiring board assembly of Yasui to be nothing more than the obvious use of a commonly known structure to achieve that result.
Finally, regarding claim 15, although Yeh doesn’t show the fire resistant materials applied above the battery cells, Yeh does disclose that the intention is to have the material surround the battery cells in order to protect against the unwanted spread of heat/flames. As discussed above, Yasui, like many common cylindrical batteries, vents hot gasses/flames/smoke out of the top of each cell when in an overheating condition. Thus, the person of ordinary skill in the art at the time of invention would have considered it obvious to ensure the upper holder of Yeh extends far enough to provide space to include its fire resistant material over the positive terminal where the hot gasses/flames will eject from its pressure plate vent assembly.
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/WYATT P MCCONNELL/Examiner, Art Unit 1727
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