RESPONSE TO AMENDMENT
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 June 2026 has been entered.
Amendments to the claims, filed on 10 June 2026, have been entered in the above-identified application.
Claims 1, 4-5, 7-8, and 10 remain pending in the application.
Claims 2-3, 6, and 9 are cancelled in the application.
Newly added claims 11-12 are pending in the application.
Withdrawn Objections/Rejections
The 35 U.S.C. §112a rejections of claim 9 made of record in the office action 1 April 2026, pages 3-4, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §103 rejection of claims 1, 4-5, and 7-10 as unpatentable over Hiroe (U.S. Patent Application Publication No. 2016/0126604) in view of Kiyama (Japanese Patent Application Publication No. 2016/072198) and Hashimoto (WIPO Patent Application Publication No. 2014/010438), made of record in the office action mailed on 1 April 2026, pages 4-11, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §103 rejection of claim 6 as unpatentable over Hiroe (U.S. Patent Application Publication No. 2016/0126604) in view of Kiyama (Japanese Patent Application Publication No. 2016/072198) and Hashimoto (WIPO Patent Application Publication No. 2014/010438), further in view of Sakae (US. Patent Application Publication No. 2012/0315807) and Watanabe et. al. (US. Patent Application Publication No. 2005/0031953), made of record in the office action mailed on 1 April 2026, page 11-12, has been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
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.
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 1, 4-5, 7-8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroe (U.S. Patent Application Publication No. 2016/0126604) in view of Kiyama (Japanese Patent Application Publication No. 2016/072198), Hashimoto (WIPO Patent Application Publication No. 2014/010438), Sakae (US. Patent Application Publication No. 2012/0315807) and Howard (US Patent Application Publication No. 2006/0093872) For prior art discussion see English translations for JP-20160172198-A and WO-2014010438-A1.
Regarding Claim 1, Hiroe discloses a battery pack comprising battery cells ([0031], and fig. 1 ref. #10). Each battery cell includes an electrode body (power generating element, [0032]), a case accommodating the electrode body, each case including two opposing sidewalls in a single direction ([0031]), and an external terminal arranged on an upper part of the case ([0034], and fig. 1 ref. #11, #12). The battery cells are arranged next to one another in a single direction with a spacer arranged between one of the two opposing side walls of the case of one of the battery cells and one of the two opposing side walls of the case of an adjacent one of the battery cells ([0031], [0035], and fig. 1 ref. #10, #20).
The spacer presses one of the two opposing side walls of the of the case of the one of the battery cels toward an inner side of a corresponding case at a part where the two opposing side walls of the case of the one of the battery cells opposes a region from the upper curved portion of the electrode body to the lower curved portion of the electrode body ([0038], and fig. 2 ref. #20, the spacer covers the entire side of the battery cell in the Z direction).
The spacer also forms passages through which cooling air flows (flow passages of cooling air) between the spacer and the one of the side walls ([0042], and fig. 2 ref. #24) with a first cooling efficiency of the cooling air per unit area at a first opposing portion of the one of the side walls that opposes the upper curved portion being less than a second cooling efficiency of the cooling air per unit area at a second opposing portion of the one of the side walls that opposes the flat portion (fig. 2, see below). The first cooling efficiency of the cooling air per unit area at a first opposing portion must be lower than a second cooling efficiency of the cooling air per unit area at a second opposing portion as the flow path is longer for the air at the first opposing portion than it is for the air at the second opposing portion, which will lead to an increased loss in air pressure and in turn lower cooling efficiency, as explained Applicant’s specification.
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A first portion can be defined as a portion in the passages that contacts the first opposing portion, and a second portion can be defined as a portion in passages that contacts the second opposing portion (fig. 2, see above).
The average velocity of cooling air flowing through the flow passages is directly related to the air pressure throughout the flow passage, with lower air pressure resulting in lower average velocity. Air pressure will decrease more in flow passages with longer path lengths. Therefore, the longer the path length of a cooling air flow path is, the lower the average velocity of cooling air flowing through the cooling air flow path.
Hiroe discloses a passage through which cooling air flows that has a longer path length in the first portion than in the second portion (fig. 2, see above). Therefore, Hiroe teaches a first average velocity of the cooling air in the first portion in a flowing direction being less than a second average velocity of the cooling air in the second portion in the flowing direction.
The passages include a first passage and a second passage that is not connected with the first passage, and the first passage passes through at the first portion while the second passage passes through at least the second portion and does not pass through the first portion (fig. 2, see above).
A first section located in the first portion of the first passage has a first cross-sectional flow area, and a second section located in the second portion of the second passage has a second cross- sectional flow area that is greater than the first cross-sectional flow area (fig. 2, see above). An entire length of the first passage is longer than an entire length of the second passage (fig. 2, see above).
Hiroe also teaches the electrode body is a stack of a positive electrode sheet, a negative electrode sheet, and a separator interposed between them ([0032]).
Hiroe is silent to the electrode body being a flattened roll with a flat portion having two opposing surfaces, an upper curved portion having an upper curved surface that connects upper edges of the two surfaces, and a lower curved portion having a lower curved surface that connects lower edges of the two surfaces, and to the electrode being accommodated toward a lower end of the case.
Kiyama teaches a battery pack comprising battery cells (secondary batteries) with spacers placed between the battery cells, the spacers forming cooling air flow passages (abstract). The battery cells each contain an electrode body. The electrode body is a flattened roll formed by rolling a stack of a positive electrode sheet, a negative electrode sheet, and a separator (bridging pages 1 and 2, para. [0008]). The flattened roll includes a flat portion having two opposing surfaces, an upper curved portion having an upper curved surface that connects upper edges of the two surfaces, and a lower curved portion having a lower curved surface that connects lower edges of the two surfaces, and the electrode body is accommodated in the case and located toward a lower end of the case (fig. 4, ref. #15) resulting in the external terminal being separated from the electrode body (figs. 3 and 4, the space between the terminal ref. #19 and the electrode body ref. #15).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the flattened roll structure and placement of the electrode of Kiyama in the battery cells of Hiroe. One of ordinary skill in the art would have been motivated to make this inclusion as wound electrode bodies are well known in the art to allow for large energy density in battery cells, as well as lower placement in the case allowing for greater electrolyte uptake.
Modified Hiroe is silent to the inclusion of an electrolyte accommodated in the battery case.
Hashimoto discloses a battery pack made with a plurality of standard rectangular battery cells, each containing an electrode, with spacers separating the battery cells (page 2, paragraph 2). Hashimoto also discloses a non-aqueous electrolyte accommodated in the case (page 15 lines 2-9, and fig. 4 and 6, ref. #30).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify Kiyama with Hashimoto by the inclusion of an electrolyte accommodated in the case. One of ordinary skill in the art would have been motivated to have an electrolyte in the battery cell because the electrolyte is the battery component that transfers ions between the positive electrode and negative electrode and allows the battery to function.
Modified Hiroe is silent to the external terminal being electrically connected to the electrode body by a collector member.
Hashimoto further teaches external terminals (fig. 11 ref. #15) that are electrically connected to the electrode body by a collector member (current collectors, page 15 lines 18-20, and fig. 11 ref. #14). The collector member allows for electricity generated within the electrode body to be transported to the terminals, and in turn to a power drawing source.
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use a collector member as taught by Hashimoto in the battery of Hiroe. One of ordinary skill in the art would have been motivated to make this inclusion in order to facilitate the transfer of energy out of the battery.
Modified Hiroe is silent to a value of a distance from the external terminal to the electrode body relative to a battery capacity of the one of the battery cells is greater than or equal to 1.57 mm/Ah.
Sakae teaches a cylindrical electrode terminal connected to the internal collector of a battery to facilitate power output (abstract, and fig. 1 ref. #1) for use in a vehicle (para. [0045]). The electrode terminal is fastened to a busbar with a nut to a threaded portion of the electrode (para. [0041] and fig. 3 ref. #11, #13, and #21), with the length of the disclosed terminal having an upper maximum of 100 millimeters (mm) (para. [0037]). The extended length of the electrode terminal allows for increased flexibility in the thickness of the connecting power drawing source and securing fastener.
It would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify Hiroe with 100 mm electrode terminals of Sakae. One of ordinary skill in the art would have been motivated to make this modification as longer electrode terminals allow for increased flexibility for connecting to external power drawing sources.
Howard teaches a rechargeable lithium-ion battery with a positive and negative electrode (abstract), separator ([0003]), and non-aqueous electrolyte ([0043]). The lithium battery has a battery capacity of 50 mAh ([0074]). This low capacity is beneficial as it allows for batteries that can function with low power draw devices, such as implantable medical devices ([0089]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use a capacity of 50 mAh as taught by Howard in the battery of modified Hiroe. One of ordinary skill in the art would have been motivated to use this capacity as it allows for use with implantable medical devices.
The combined teachings of Sakae and Howard afford a battery cell with the end of the external terminal to the electrode body being a minimum distance of 100 mm and a battery capacity of 50 mAh. This gives a ratio of 2 mm/Ah, which falls within the claimed limitation range of greater than or equal to 1.57 mm/Ah. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding Claim 4, Hiroe further discloses that the first cooling efficiency is less than a third cooling efficiency of the cooling air unit area as a third opposing portion (fig. 2, see above) of the one of the side walls that opposes the lower curved portion. For similar reasoning as above, since the total flow path length of the cooling air of the third opposing portion is shorter than the total flow path length of the cooling air of the first portion, the third cooling efficiency of the cooling air unit area as a third opposing portion will be greater than the first cooling efficiency.
Hiroe is silent to electrolyte contacting the lower curved surface and having a liquid below the upper curved portion.
Hashimoto further discloses that the electrolyte contacts the lower curved surface and has a liquid level below the upper curved portion (paragraph bridging pages 6 and 7, and fig. 6 and 7, ref. #30). If the liquid level LL is too low, there is a problem that the electrolytic solution does not permeate to the upper end of the electrode body 11 and the battery performance declines. On the other hand, if the liquid level LL is too high, the amount of the electrolytic solution 30 to be charged increases, the cost rises, the gas filled portion 1Y becomes small, and the action of absorbing the pressure rise decreases (page 6, fourth paragraph).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to have the electrolyte contact the lower curved surface and have the liquid below the upper curved portion in the Hiroe battery cell as taught by Hashimoto . One of ordinary skill in the art would have been motivated to make this modification as when the electrolyte level is significantly below this level, the electrolyte will not penetrate to the upper end of the electrode body, which will result in a problem of reduced battery performance. If the electrolyte level is significantly above this level, the amount of electrolyte to be filled increases, which increases costs (Hashimoto, page 18, lines 5-12).
Regarding Claim 5, Hiroe further discloses a third cooling efficiency of the cooling air unit area at a third opposing portion of the one of the side walls that opposes the lower curved portion. The third opposing portion is the bottom cooling air flow passage (fig. 2, see above).
Modified Hiroe is silent to the third cooling efficiency being less than the second cooling efficiency.
Kiyama further discloses cooling air passages with varied cross sectional flow areas (fig. 1, ref. #C1-C4). The cross-sectional flow area of the cooling air flow passages at a third opposing portion of the one of the side walls that opposes the lower curved portion is less than the cross-sectional flow area of the cooling air flow passages at a second opposing portion of the one of the side walls that opposes the flat portion.
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the lower cross-sectional flow area in the third portion and the larger cross-sectional flow area in the second portion as taught by Kiyama in the cooling air flow passages of Hiroe. One of ordinary skill in the art would have been motivated to make this adjustment in widths as this allows for a maximization of cooling in the areas of the electrode body that generate the most heat (Kiyama, [0030]).
Regarding Claim 7-8 and 10, Hiroe also teaches each of the first passage and the second passage includes a curved section (see fig. 2 above). Each of the first passage and the second passage has an inlet located at the lower end of the spacer and an outlet located near a side edge of the spacer ([0046]).
Regarding Claim 11, the above imported electrolyte in modified Hiroe, as taught by Hashimoto, is a non-aqueous electrolyte (page 15 lines 2-9).
Modified Hiroe is silent to electrolyte contacting the lower curved surface and having a liquid below the upper curved portion.
Hashimoto further discloses that the electrolyte contacts the lower curved surface and has a liquid level below the upper curved portion (paragraph bridging pages 6 and 7, and fig. 6 and 7, ref. #30). If the liquid level LL is too low, there is a problem that the electrolytic solution does not permeate to the upper end of the electrode body 11 and the battery performance declines. On the other hand, if the liquid level LL is too high, the amount of the electrolytic solution 30 to be charged increases, the cost rises, the gas filled portion 1Y becomes small, and the action of absorbing the pressure rise decreases (page 6, fourth paragraph).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to have the electrolyte contact the lower curved surface and have the liquid below the upper curved portion in the Hiroe battery cell as taught by Hashimoto . One of ordinary skill in the art would have been motivated to make this modification as when the electrolyte level is significantly below this level, the electrolyte will not penetrate to the upper end of the electrode body, which will result in a problem of reduced battery performance. If the electrolyte level is significantly above this level, the amount of electrolyte to be filled increases, which increases costs (Hashimoto, page 18, lines 5-12.
Regarding Claim 12, the distance from the external terminal to the electrode body of modified Hiroe is 100 mm (Sakae, para. [0037]), which overlaps with the claimed range of greater than or equal to 10 mm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
Response to Arguments
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §112a rejections of record have been considered but are moot since the rejection has been withdrawn.
Applicant’s arguments in the response filed on 10 June 2026 regarding the prior art rejections made of record in the office action mailed on 1 April 2026 have been considered but have been deemed unpersuasive
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §103 rejection of claims 1, 4-5, and 7-10 of record have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §103 rejection of claim 6 of record have been considered but are moot due to the new grounds of rejection.
Applicant argues that Sakae does not disclose than an upper maximum of a distance from the external terminal to the electrode body is 100 mm. To this the Examiner respectfully disagrees. Sakae teaches the length of the disclosed terminal having an upper maximum of 100 mm (para. [0037]). A distance from the furthest point of the external terminal to the electrode body is, at minimum, 100 mm, as this would include the entire length of the external terminal.
Applicant’s arguments in the response filed on 10 June 2026 regarding the newly added claims have been considered but are moot due to the new grounds of rejection.
Conclusion
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 07/06/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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