DETAILED ACTION
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 without traverse of Group I, claims 10-20 in the reply filed on November 4, 2025 is acknowledged.
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 4, 2025.
Information Disclosure Statement
The information disclosure statements filed December 2, 2022 and July 22, 2024 have been placed in the application file and the information referred to therein has been considered as to the merits.
With respect to foreign language references with no translation of the document: “If no translation is submitted, the examiner will consider the information in view of the concise explanation and insofar as it is understood on its face, e.g., drawings, chemical formulas, English language abstracts, in the same manner that non-English language information in Office search files is considered by examiner in conducting searches.” See MPEP §609.04(a)(II) (D) and 37 CFR 1.98(a)(3)(ii).
Drawings
The drawings received November 30, 2022 are acceptable for examination purposes.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, at least one channel includes an elongate opening exposing a full length of the cell contained in the at least one channel” (claim 10, ll. 8-9) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
According to the disclosure, such as in Figs. 3-6, the elongated opening is denoted by reference character 252. The cell carrier 212 therein is formed by two sides that are spaced apart from each other by bosses 264 in a first housing 256 and corresponding openings 268 in a second housing. The bosses result in a gap formed between the housing parts such that the elongated openings 252 only expose a length of each end of a cell 216 provided in a corresponding cavity and not an elongate opening exposing a full length of the cell contained in the at least one channel.
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According to the specification (para. [0034]):
As seen in FIG. 3, when the cells 216 are received in the plurality of channels 236, the cells 216 in the outer channels 248 may be exposed along a full length of the cell 216 through the elongated opening 252.
However, Fig. 3 shows the same general carrier denoted in Fig. 6 above wherein the cells are exposed along a full length of the cell but the elongated openings themselves do not expose a full length of the cell in the channel.
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Therefore it would appear that each channel only includes elongated openings exposing a portion of the length of the cell and the entire cell carrier exposes a full length of the cell (i.e. the elongated openings 252 and gap generated by bosses 264 between the two sides exposes the full length of the cell not the elongate openings alone).
The drawings do not show an elongate opening in at least one channel exposing a full length of the cell contained in the at least one channel. Rather it appears that in each instance an elongate opening in a given channel only exposes a portion or a length (not a full length) of the cell contained in the at least one channel.
If the language of para. [0034] of the disclosure is accurate, corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Alternatively, if the depictions of Figs. 3-6 are correct, which it appears may be the case, then it is advised to delete the term “full” with respect to the length as recited in the specification (such as in para. [0034]) and as recited in claim 10, line 8.
Specification
The specification received November 30, 2022 has been reviewed for examination purposes.
The disclosure is objected to because of the following informalities: In para. [0034], the specification discloses “As seen in FIG. 3, when the cells 216 are received in the plurality of channels 236, the cells 216 in the outer channels 248 may be exposed along a full length of the cell 216 through the elongated opening 252.”
However, as discussed in the Drawing section above, Figs 3-6 only teach of the outer channel exposed along end portions of the cell 216 through a pair of elongated openings 252. The elongated openings 252 do not appear to expose the full length of the cell 216 as recited in this paragraph of the specification. 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 10-17 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.
As discussed above the nature of claim 10 is unclear as the language recited therein appears to be contrary to what the disclosure teaches. Notably, claim 10 recites:
“an elongate opening exposing a full length of the cell contained in the at least one channel” at lines 8-9 of the claim while the disclosed invention appears to only teach that the “elongate openings” do not expose a full length of the cell contained in the channel but only expose a portion of the length of the cell contained in the channel.
According to the disclosure, such as in Figs. 3-6, the elongated opening is denoted by reference character 252. The cell carrier 212 therein is formed by two sides that are spaced apart from each other by bosses 264 in a first housing 256 and corresponding openings 268 in a second housing. The bosses result in a gap formed between the housing parts such that the elongated openings 252 only expose a length of each end of a cell 216 provided in a corresponding cavity and not an elongate opening exposing a full length of the cell contained in the at least one channel.
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According to the specification (para. [0034]):
As seen in FIG. 3, when the cells 216 are received in the plurality of channels 236, the cells 216 in the outer channels 248 may be exposed along a full length of the cell 216 through the elongated opening 252.
However, Fig. 3 shows the same general carrier denoted in Fig. 6 above wherein the cells are exposed along a full length of the cell but the elongated openings themselves do not expose a full length of the cell in the channel.
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It would appear that each channel only includes elongated openings exposing a portion of the length of the cell and the entire cell carrier exposes a full length of the cell (i.e. the elongated openings 252 and gap generated by bosses 264 between the two sides exposes the full length of the cell not the elongate openings alone).
The drawings do not show an elongate opening in at least one channel exposing a full length of the cell contained in the at least one channel. Rather it appears that in each instance an elongate opening in a given channel only exposes a portion or a length (not a full length) of the cell contained in the at least one channel.
A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn, 438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammack, 427 F.2d 1378, 166 USPQ 204 (CCPA 1970). See MPEP § 2173.03, incorporated herein.
Therefore, the nature of claim 10 and claims 11-17, all dependent upon base claim 10, are held to be unclear as the language recited therein appears to be contrary to what the disclosure teaches.
It is suggested to delete the term “full” from claim 10, line 8 to potentially overcome this rejection.
Claim Interpretation
With respect to claims 10-17, the phrase “an elongate opening exposing a full length of the cell contained in the at least one channel” is read in light of the specification to be “an elongate opening exposing a length of the cell contained in the at least one channel”, for example, as shown in Figs. 3-6.
As stated above, a claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. See MPEP § 2173.03, incorporated herein.
According to the disclosure, such as in Figs. 3-6, the elongated openings are denoted by reference characters 252. The cell carrier 212 therein is formed by two sides that are spaced apart from each other by bosses 264 in a first housing 256 and corresponding openings 268 in a second housing. The bosses result in a gap formed between the housing parts such that the elongated openings 252 only expose a length of each end of a cell 216 provided in a corresponding cavity and not an elongate opening exposing a full length of the cell contained in the at least one channel as recited in claim 10 (and claims 11-17, dependent upon claim 10).
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Therefore it would appear that each channel only includes elongated openings exposing a portion of the length of the cell (cell ends) and the entire cell carrier exposes a full length of the cell (i.e. the elongated openings 252 and gap generated by bosses 264 between the two sides exposes the full length of the cell not the elongate opening alone). The claims have been interpreted in light of the specification in the manner shown above, wherein the elongate opening exposing a portion of the length of the cell contained in the at least one channel (i.e., not the elongate opening exposing a full length of the cell contained in the at least one channel as recited in claims 10-17).
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.
Claims 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zemlock et al. (U.S. Patent No. 6,627,345).
As to claim 1, Zemlock discloses a battery pack 10 comprising:
a housing 11 defining a cavity;
a terminal assembly 12 coupled to the housing;
a plurality of cells 21 configured to electrically connect to the terminal assembly 12, each cell extending 21 along a longitudinal axis; and
a cell carrier 22T/22B coupled to the housing 11 to support the plurality of cells 21 within the cavity, the cell carrier 22T/22B including a plurality of channels configured to receive the plurality of cells 21, wherein at least one channel of the plurality of channels includes an elongate opening exposing a full length of the cell 21 contained in the at least one channel (see annotated Figs. 1 and 2 below).
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As to claim 11, the plurality of channels includes a first row of channels and a second row of channels, wherein the first row of channels has more channels than the second row (see annotated Fig. 1 below).
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As to claim 12, the first row of channels includes at least one outer channel adjacent a side of the cell carrier and wherein the at least one outer channel includes the elongate opening (see annotated Fig. 1 below).
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As to claim 13, the plurality of channels are off-set with respect to each other and arranged in a log-stack orientation (Figs. 1 and 2 above).
As to claim 14, the cell carriers 22T and 22B includes circumferential walls surrounding each of the plurality of channels and the elongate opening is formed by a gap in the circumferential wall of the at least one channel (see annotated Fig. 1 below).
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As to claim 15, the cell carrier 22T/22B extends between a first side and a second side along a width of the carrier and the elongate opening is positioned at one of the first or second side.
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As to claim 16, Zemlock discloses positioning fin extending from the cell carrier and wherein the housing includes a positioning groove configured to receive the positioning fin to inhibit rotation of the cell carrier relative to the housing (see annotated Fig. 2 below).
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As to claim 17 the positioning fin being one of a pair of positioning fins disposed on opposite sides of the cell carrier, and the positioning groove is one of a pair of positioning grooves disposed on opposite sides of the cavity (see annotated Fig. 2 below). Each side of the carrier has a central fin portion extending outwardly into a corresponding groove in the interior of the housing halves 11 to secure the carrier and prevent movement, such as rotation, of the carrier in the housing 11 of the battery pack 10.
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As to claim 18, Zemlock discloses a cell carrier 22T/22B for supporting a plurality of cells 21 in a cavity of a battery pack 10, each cell 21 extending along an axis, the cell carrier 22T/22B comprising:
a housing defined by 22T or 22B (Figs. 1-2); and
a plurality of channels formed in the housing 22T or 22B, wherein each of the plurality of channels is configured to receive one of the plurality of cells, the plurality of channels including
a first row of channels, and
a second row of channels, wherein the second row of channels has more channels than the first row of channels, and
wherein the plurality of channels includes at least one channel having an elongate slot exposing a length of the cell positioned in the at least one channel (see annotated Figs. 1 and 2 below).
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As to claim 19, the housing comprises a first housing 22T with a set of first openings and a second housing 22B with a second set of openings, and wherein the first housing 22T is coupled to the second housing 22B via interlocking members 25/26 such that the first and second sets of openings align to form a plurality of channels (Figs. 1 and 2 above and annotated Fig. 1 below).
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As to claim 20, the elongate slot is positioned at an outer edge of the second row of channels (see annotated Fig. 2 below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2008/0314792 discloses a cell carrier comprising plural channels to hold respective cells but the channels are void of an elongated slot exposing a length of the cell positioned in the channels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGG CANTELMO whose telephone number is (571)272-1283. The examiner can normally be reached Mon-Thurs 7am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at (571) 272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGG CANTELMO/Primary Examiner, Art Unit 1725