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 .
Response to Amendment
In response to the amendment received on May 28, 2026:
Claims 1-20 are pending. Claims 1-9 remain withdrawn from consideration as to a non-elected invention;
The drawing objection set forth in the previous Office Action is withdrawn in light of the amendment;
The specification objection set forth in the previous Office Action is withdrawn in light of the amendment;
The 112 rejection set forth in the previous Office Action is withdrawn in light of the amendment;
The prior art rejections set forth in the previous Office Action stands.
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Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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.
Drawings
The replacement sheet drawings received May 28, 2026 are acceptable for examination purposes.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 outer channel of the plurality of channels includes an elongate opening exposing a full length of the cell 21 contained in the at least one outer 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 at least one outer channel is in the first row of channels adjacent a side of the cell carrier (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 outer channel having an elongate slot exposing a length of the cell positioned in the at least one outer 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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Response to Arguments
Applicant's arguments filed May 28, 2026 have been fully considered but they are not persuasive.
As to claim 10, Applicant argues that Zemlock does not teach that only an outer channel exposes a length of a given cell.
The Examiner respectfully disagrees.
Zemlock teaches of a pair of end holders, similar to the instant invention, where each end holder includes an opening and the comprehensive holder, with the openings formed at the end holders, exposes the entire length of each cell, including an outer cell.
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As shown above the cell carrier includes a plurality of cells in respective channels including inner and outer channels and at least one of the outer channels further include respective elongated openings, exposing a length of a cell contained in the at least one outer channel as annotated above.
Applicant's arguments that claim 10 requires that only an outer channel exposes a full length of the cell is not persuasive since neither the original claim nor the proposes claim 10 recites this language (the claim does not limit a full length exposure, or such full length only to the outer channel). In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that claim 10 recites that only an outer channel exposes a length of a given cell) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
As to claim 18, Applicant argues that claim 18 recites similar subject matter as claim 10 and is therefore allowable for the same reasons.
The Examiner respectfully disagrees.
First the scope of the two independent claims are not identical in scope and the reply fails to provide clear guidance as to alleged differences between Zemlock and the particular features of claim 18. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. As Zemlock is held to anticipate claim 18 as discussed above, and in the absence of any particular pointing out of how the language of claim 18 patentably distinguishes itself from Zemlock (noting that the arguments to claim 10 above are not persuasive), the rejection stands.
Conclusion
THIS ACTION IS MADE FINAL. 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 GREGG CANTELMO whose telephone number is (571)272-1283. The examiner can normally be reached Mon-Thurs 7am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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