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 .
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.
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.
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.
Claims 1-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2014/0370354), and further in view of CN 101926022 A, and further in view of Suzuki (US 2018/0248157), cited in the PTO-892 provided with the non-final Office Action mailed July 3, 2025.
Regarding independent claim 1, Yang et al. disclose a battery pack (abstract; paragraphs [0037]-[0056]; claim 1; and Figures 1, 2, 9a, and 9b), in which the battery pack comprises the following structural features (also refer to annotated Figure 9a of Yang et al. below):
a battery module (200) with multiple cells (100) that are electrically connected to each other, wherein each cell (100) of the multiple cells comprises a respective outer side face in a direction of longitudinal extension thereof (see claim 1; and Figures 1 and 2);
an adapter portion, used for establishing mechanical and electrical connection between an electric tool and the battery pack (see paragraph [0037]);
a holder in the form of brackets (101,102), wherein multiple independent accommodating cavities used for mounting the multiple cells are internally formed in the holder (101,102), in which each cell (100) is at least partially received in a respective accommodating cavity, wherein a clearance exists between a cell’s portion accommodated in a corresponding accommodating cavity and the corresponding accommodating cavity, the cell being one of the multiple cells (see Figures 1 and 2, as well as annotated Figure 9a of Yang et al. below); and
a filler (500) in a solid state that wraps outer side faces of the cells (100) – see paragraphs [0040], [0049], and [0051]; and Figures 1-3.
Yang et al. fail to teach a filler that is disposed in the clearance and wrapping a corresponding outer side face of the cell, is located at an inner side of the corresponding accommodating cavity, and wherein the filler is set in a lengthwise direction of the multiple cells to a length of the multiple cells is not less than 30%.
However, CN ‘022 discloses a holder (34) with a plurality of cavities to hold a respective plurality of cells (20) – see paragraphs [0033]-[0037] and [0097]-[0121]; and Figures 2-5, wherein a filler (54) in the form of a thermally conductive resin is located in each cavity (see Figure 4) of not less than 30%, for the purpose of providing insulation and absorbing impact (see paragraphs [0033]-[0037]).
Therefore, it would have been obvious to one of ordinary skill in the art to include a filler in each cavity, as taught by CN ‘022, into the battery pack disclosed by Yang et al., in order to hold the cells while providing insulation and absorbing impact (see paragraphs [0033]-[0037] of CN ‘022).
As to the limitation “wherein the filler is injection molded with the multiple cells or the holder” has no patentable weight, since this limitation is drawn to a method of making, whereas the claimed apparatus of a “battery pack” only requires that the “filler” material is provided inside the cell(s). Whether the “filler” is provided by injection molding (or by any other means related to a method of making), it imparts no patentable weight to the claim(s). In this instance, CN ‘022 discloses the claimed invention of having a filler within the cell(s).
The combined teachings of Yang et al. and CN ‘022 fail to explicitly teach that the holder comprises a first sub-holder and a second sub-holder that are abutted toward each other while accommodating at least part of the multiple cells in a lengthwise direction.
However, Suzuki discloses a battery pack (see paragraphs [0040]-[0055]; and Figures 1-3), in which the battery pack includes a holder having a first sub-holder (22) and a second sub-holder (24) abutted toward each other while securely holding multiple battery cells (21) within a battery module (20) of the battery pack along a lengthwise direction, for the purpose of obtaining increased safety for holding an increased array of battery cells (see paragraphs [0052]-[0055]).
Therefore, it would have been obvious to one of ordinary skill in the art to include the first and second sub-holders, as taught by Suzuki, into the battery pack disclosed and/or suggested by the combined teachings of Yang et al. and CN ‘022, in order to securely hold the multiple battery cells within the battery module of the battery pack along a lengthwise direction, thus obtaining increased safety for holding an increased array of battery cells (Suzuki; paragraphs [0052]-[0055]).
Regarding claim 2, and as also applied to the limitation “not less than 30%” of independent claim 1 in the combined teachings of Yang et al., CN ‘022, and Suzuki in the above section, CN ‘022 discloses that a ratio of the length along which the filler is set in a lengthwise direction of the multiple cells to the length of the cells is not less than 50% (see Figure 4 of CN ‘022).
Regarding claim 3, Yang et al. disclose that each holder (101,102) is of an integrated structure (see Figure 9b).
Regarding claim 4, and in referring to the newly underlined portions referring to the teachings of Suzuki in independent claim 1 above, Yang et al. disclose that the holder (101,102) comprises a first sub-holder (101) and a second sub-holder (102), in which each sub-holder (101,102) has a respective accommodating cavity of the multiple accommodating cavities and is abutted towards each other while wrapping the multiple cells (100) along the lengthwise direction of the multiple cells (100), as shown in Figure 9a of Yang et al., wherein Suzuki discloses that the first sub-holder (22) and the second sub-holder (24) are abutted toward each other, and accommodates at least part of the multiple battery cells (21) in a lengthwise direction.
Regarding claim 5, Yang et al. disclose that the multiple accommodating cavities are enclosed by an inner wall of the holder (101,102), wherein the multiple cells (100) are enclosed in its respective holder (101,102), as shown in Figure 9a of Yang et al.
Regarding claim 6, Yang et al. disclose that a sealing element (600) in contact with the outer side faces of the cells (100) is arranged inside the accommodating cavity, wherein a radial width of the sealing element (600) is greater than or equal to a clearance between the outer side faces of the cells (100) and the inner wall of the accommodating cavity, such that the filler (500) is located between the first sub-holder (101) or the second sub-holder (102) and the sealing element (600) in the lengthwise direction of the cells (100) – see Figures 1, 2, and 9a of Yang et al.
Regarding claim 7, Yang et al. disclose (in Figure 3) that each cell (100) is provided with a main body for longitudinal extension and comprises an anode section and a cathode section along the lengthwise direction, wherein the filler (500) is arranged in a clearance between the cathode section and/or the anode section and an inner wall of the corresponding accommodating cavity (see paragraphs [0040] and [0041]).
Regarding claims 8 and 9, the combined teachings of Yang et al., CN ‘022, and Suzuki disclose and/or suggest the features of independent claim 1, including that the cell (100) is sleeved with a phase change material (filler (500)) to form a coverage region (400), as shown in Figures 1 and 2 of Yang et al., but fail to teach convexly arranged positioning elements that abut against outer side faces of the cells and a mounting slot formed on the inner wall of the accommodating cavity, wherein a filler is arranged in the mounting slot. However, it would have been obvious to one of ordinary skill in the art to add positioning elements and mounting slots, in order to more firmly secure the cells, along with additional filler material to be applied therein, since it would be obvious to try with a reasonable expectation of success to further secure the cells while obtaining improved heat dissipation (Yang et al.; abstract; and paragraphs [0040] and [0049]).
Regarding claims 10-12, Yang et al. disclose that the filler (500) comprises at least two different kinds of phase change materials (500) with melting ranges between 40°C and 70°C, thus being in a solid state at room temperature (see paragraphs [0055] and [0056]).
Regarding claim 13, Yang et al. disclose (in Figure 8) that a material of the filler (500) includes an adhesive such as adhesive tape or another adhesive such as a heat-conducting glue (800) defining a predetermined thermal conductivity (see paragraphs [0049] and [0053]). In addition, CN ‘022 discloses a filler (54) in the form of a thermally conductive resin that is located in each cavity (see paragraphs [0033]-[0037]; and Figure 4). However, since the limitation in this claim requires a unilateral thickness of the adhesive to be from zero to 0.5 mm, the examiner can take the position that little or no heat-conducting glue (or a very thin or no adhesive tape) was added to meet the claim limitation of zero.
Regarding claim 15, CN ‘022 discloses that the outer side of the cell is completely accommodated in the corresponding accommodating cavity.
Response to Arguments
The examiner acknowledges the applicants’ amendment received by the USPTO on May 13, 2026. The amendment to claim 8 overcomes the prior 35 USC 112(b) rejection. Although the applicants’ amendment to independent claim 1 overcomes the prior 35 USC 103 rejection set forth in the non-final Office Action mailed February 13, 2026, a new 35 USC 103 rejection is provided for all claims of record in view of the new reference to Suzuki (US 2018/0248157), including in the newly underlined portions in the above 35 USC 103 rejection. Claim 16 remains withdrawn from consideration as drawn to a non-elected invention (refer to section 1 of the non-final Office Action mailed February 13, 2026). Claims 1-13 and 15 remain under consideration in the application.
Applicants’ arguments with respect to claims 1-13 and 15 have been considered but are moot because the new ground of rejection includes a new reference to Suzuki (US 2018/0248157), and thus does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicants' 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 July 21, 2026
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