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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
Claims 1, 2, 4, and 6-13 recite a “side surface portion” and a “second portion that protrudes on an outer side with respect to the side surface member”. For the sake of this Office Action, a “side surface portion” may be interpreted as one side of a wall/surface and a “second portion” may be the outer side of a wall/surface. Furthermore, the “side surface portion” and “second portion” may interpreted such that they may be split into portions that are physically separated from each other. Figure 6 of the present application demonstrates this. Element 222 is the second portion and 233/230 is the side surface portion (shown in the annotated figure below)
The language included in claims 1 and 13 further support this interpretation. Claim 1 recites that “the entrance portion [300 in the figure below] and exit portion [400 in the figure below] for the coolant are connected to the second portion”. They are located on the portion of the second portion that is on the left side of Figure 6. Claim 13 recites that “the coolant path of the cooling plate has a curved portion located at the second portion”. This curved portion is located on the opposite side of the battery pack on the portion of the second portion that is on the right side of the annotated Figure 6 below (also see [0046] of the published application).
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Claims 6 and 11 further support this interpretation. They recite that “the reinforcing rib is provided at the side surface portion of the case member located on each of both sides with respect to the plurality of battery cells in the first direction”. One reasonable interpretation would be that the reinforcing rib would be in the inner space, but none of the figures seem to indicate that as a possibility. Furthermore, paragraph [0034] of the published application indicate that the battery cells “are in abutment with [the] side surface portions”, suggesting that the battery cells are in direct contact with the side surface portion of the case member and that there is no space for a reinforcing rib on the inner side. Therefore, in view of the above interpretation of how the side surface portion may comprise two portions, it is reasonable to interpret “on each of both sides” as the one of the two portions comprising the entire side surface portion and/or second portion.This will be the interpretation used to sustain a prior art rejection.
Claims 2 and 7 includes the preposition “along”. The dictionary definition of “along” is to “follow the length or edge of something” or to “moving in a line parallel to a course”. Therefore, even if a portion of the coolant tube(s) are not directly adjacent to the side surface portion, if they extend in the same direction, that portion would satisfy the limitation of “extending along the side surface portion”.
Claims 5 and 10 include three directions. A plurality of battery cells is arranged in a first direction, a plurality of electrode terminals on the battery cells are disposed side-by-side in a second direction orthogonal to the first direction, and the reinforcing rib extends in a third direction orthogonal to both the first and second direction or it extends in a direction obliquely intersecting the third direction. Paragraphs [0023] and [0026] of the published specification indicates that the Y-axis is intended to be the first direction, the X-axis is intended to be the second direction, and the Z-axis is intended to be the third direction. Fig. 2 of the present application depicts this well.
Claims 6 and 11 recite a limitation wherein “the reinforcing rib is provided at the side surface portion of the case member”. “At” is a preposition that is used “as a function word to indicate presence or occurrence in, or, or near” (Merriam Webster dictionary). Therefore, even if the reinforcing rib is not directly attached to the side surface portion, if it is near the portion, it would satisfy the limitation of a reinforcing rib being “at” the side surface portion.
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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 1-13 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 1 recites “a coolant tube” that is “connected to the entrance portion and exit portion”. The applicant’s published application indicates the presence of multiple cooling tubes ([0041] – [0044]). Figure 4 (included below) does not seem to indicate that the cooling tubes are connected to form a single cooling tube. Since the claimed language does not align with the embodiment depicted in the figures or in the specification, they are indefinite. Therefore, for the sake of this Office Action, claims containing limitations drawn to “a coolant tube” will be interpreted differently.
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Claim 1 recites “a coolant tube connected to the entrance portion and exit portion” which will be interpreted as “a first coolant tube connected to the entrance portion and a second coolant tube connected to an exit portion. Claims 2 and 8 recite “wherein the coolant tube has a portion” which will be interpreted as “wherein at least one of the first coolant tube or the second coolant tube has a portion”. Claims 2-13 are rejected due to their dependence on claim 1.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2020/0127349 A1).
Regarding claim 1, Park discloses a battery pack comprising a plurality of battery cells (abstract) and a case member including an inner space in which the plurality of battery cells is accommodated. See Fig. 2 below.
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Park continues to teach a cooling plate that is defined by a lateral wall (320, Fig. 1; [0093]) that also forms a top surface of the cooling plate (defined by the coolant path/space 310 and the floor surface 260). See Fig. 3 below that clearly depicts the cooling plate.
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The inner surface of the lateral wall functions as the side surface portion. The outer part of the lateral wall functions as a second portion. If the inner surface of the lateral wall is the side surface portion, the rest the outer wall protrudes a distance equivalent to the thickness of the lateral wall, allowing it to function as a second portion.
Park continues to disclose connection portions ([0114], located in the same vicinity as the connection port holes labeled 370 in Fig. 6 below) that function as entrance portions and exit portions for the coolant to enter and exit the coolant path within the cooling plate. A first coolant tube (Fig. 6, 362) is connected to the entrance portions and a second coolant tube (Fig. 6, 364) is connected to the exit portions. Furthermore, the entrance and exit portions are connect to the second portion (the outer wall connected to the side surface portion). See the annotated figures below.
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Regarding claims 2, 3, and 8, as seen above, the coolant tubes extend alongside the lateral wall (and by extension, the side surface portion as required by claims 2 and 8). Park continues to disclose a reinforcing rib that includes a supporting portion that supports the coolant tube. The encircled structure in Fig. 8 below is the reinforcing rib and the supporting portion is where the coolant tube connects to the case member in order that coolant may flow from the cooling plate into the coolant tube (or vice versa). This reinforcing rib is near the side surface portion, as required by claims 3 and 8.
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Regarding claims 4 and 9, Park does not explicitly disclose the material of the case member nor the material of the reinforcing rib. It is well known in the art, however, that rigid, sturdy materials such as welded metals may be used as materials for a battery pack (including a side surface portion of the present case member) due to their structural integrity. One of ordinary skill in the art would reasonably choose those same materials with which to make a reinforcing rib that has the strength to support the coolant tubes to prevent mechanical failure due to an external collision or impact. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to ensure that the reinforcing ribs are made of the same sturdy material commonly used in making battery pack cases such that the entire battery pack is structurally sound.
Regarding claims 5 and 10, Park discloses a plurality of battery cells that are arranged in a first direction where each battery cell has a plurality of electrode terminals disposed side-by-side in a second direction. Fig. 2 of Park shows this, where Park’s X-axis is the first direction and Park’s Y-axis is the second direction.
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Park’s reinforcing rib mentioned above extends in a third direction that is orthogonal to both the first and second directions. Fig. 6, included below, shows Park’s first and second directions and the reinforcing rib extends into the plane of the page, which is the third direction orthogonal to both the first and second directions.
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Regarding claims 6 and 11, the reinforcing rib(s) is/are located on both sides of Park’s battery case where the first and second coolant tubes are, as mentioned in the rejection of claim 8 over Park.
Regarding claims 7 and 12, furthermore, the side surface portion supports the plurality of battery cells by being in contact with plurality of battery cells as seen in Fig. 1 above and described in the rejection of claim 1 over Park.
Claims 1, 2 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harada (JP 2014216298 A)
Regarding claim 1, Harada discloses a battery pack comprising a case member comprised of end plates (17) and side plates (42).
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A plurality of battery cells (10) is included inside the case member. The end plates (17) function as a side surface portion and define an inner space with the top of the cooling plate (1). Harada continues to disclose a second portion that is comprised of two separate portions that protrude past the side surface portion.
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Harada continues to disclose an entrance portion and exit portion that each have a first and second coolant tube attached to them, respectively. They are located on the second portion.
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Regarding claim 2, as seen in the figure directly above, the coolant tubes extend in an “up” direction wherein the side surface portion also extends in the “up” direction.
Regarding claim 13, Harada discloses a curved portion of the coolant path in the cooling plate. See the figure below.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN K BLACKWELL-RUDASILL whose telephone number is (571)270-0563. The examiner can normally be reached Monday - Friday 9:00 a.m. - 5:00 p.m.
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, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.B.R./Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722
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