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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 indicates that each of the spacers includes “a first opposing portion arranged between the first terminal portion and the second terminal portion of adjacent cells” and “a second opposing portion arranged between the first terminal portion and the second terminal portion of another adjacent cells” (Pg. 2 of Claim 1: lines 1-11; emphasis added). Here, the meaning of “another adjacent cells” is unclear. Although this limitation appears to imply distinct adjacent cells from the previously recited “adjacent cells”, the Examiner notes that each spacer is positioned between only two adjacent cells (i.e. the spacers are “stacked alternating with the cells”). Therefore, it is believed that Applicant intends for the limitation to read “the adjacent cells” in order to refer to the previously recited adjacent cells.
Appropriate correction is required.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawaoka et al. (JP-2020177851-A cited in IDS filed 06/11/2024; see also Applicant provided English translation filed 06/11/2024 for citations) in view of Suzuki et al. (JP-2010010381-A; cited in IDS filed 04/01/2025; see Applicant provided English translation filed 04/01/2025) and in view of Nakamoto et al. (US-20200176727-A1; cited in IDS filed 03/16/2023).
Regarding Claim 1, Kawaoka discloses an electric power storage device (secondary battery module 200 [0008, 0029]) comprising:
multiple cells (secondary batteries 30, Fig. 8; [0008]) that are arrayed in an up-down direction which is a vertical direction (see annotation of Kawaoka Fig. 8, below).
The Examiner notes that, absent a special definition or a structural point of reference, “up” and “down” are relative terms, which can reasonably be applied to any opposing directions. Accordingly, the side-to-side direction of Kawaoka Fig. 8 is interpreted as the up-down direction and, for sake of clarity, Kawaoka Fig. 8 is rotated 90° to reflect this interpretation in the annotations below.
Kawaoka further discloses:
multiple spacers (plate members 10, Fig. 8; [0008, 0011]) that are stacked alternating with the cells in the up-down direction (see annotation of Kawaoka Fig. 8, below), each of the spacers being disposed between cells that are adjacent in the up-down direction,
wherein each of the cells includes an outer encasement member (exterior body; [0019]) accommodating an electrolytic solution inside [0018-0019], and a first terminal portion (positive electrode terminal 31a) and a second terminal portion (negative electrode terminal 31b) protruding from the outer encasement member of each cell (see Fig. 8; [0017, 0030]),
wherein the first terminal portion and the second terminal portion of each cell protrude from the outer encasement member in a first protruding direction and in a second protruding direction that is different from the first protruding direction, respectively (see annotation of Kawaoka Fig. 8, below).
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Annotation of Kawaoka Fig. 8.
Kawaoka discloses that an object of the invention is to suppress variations in contact pressure and contact resistance between an electrode terminal and a conductive member in contact with the electrode terminal [0004, 0036]. Kawaoka also discloses that the secondary battery can be suitably used as a large power source for a vehicle [0037]. Therefore, although Kawaoka discloses all the positive electrode terminals (31a, Fig. 8) as extending in the same direction, and all the negative electrode terminals (31b, Fig. 8) as extending in the opposite direction, Kawaoka does not teach away from other configurations. Kawaoka does not teach that “the first terminal portion of a respective cell and the second terminal portion of an adjacent cell are disposed arrayed alternating in the up-down direction”.
Suzuki teaches that a power generation element including a plurality of storage cells with intervening spacers (resins spacers 73, see Fig. 6) can be successfully connected in series or parallel [0004, 0009]. In a specific embodiment (Fig. 3), the batteries are connected in series, thereby resulting in a power storage unit having a large energy capacity and capable of rapid charge / discharge [0029, 0059]. In order to connect the storage cells in series, the protruding direction of the positive and negative terminals is alternated such that the positive terminal of one battery cell is connected to the negative terminal of an adjacent battery cell (see annotation of Suzuki Fig. 3, below; [0043, 0053, 0057-0059]).
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Annotation of Suzuki Fig. 3.
Additionally, Nakamoto teaches that connecting a plurality of unit cells in series satisfies the drive voltage specifications of a vehicle motor, and connecting a plurality of unit cells in parallel ensures battery capacity and extends the travel distance of the vehicle [0030].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have arranged a portion of the cells of Kawaoka such that the protruding direction of the positive and negative terminals is alternated in order to connected the cells in series as taught by Suzuki with a reasonable expectation that such a configuration would result in a successful electric power storage device capable of having a large energy capacity, capable of rapid charge / discharge, and capable of satisfying the voltage specifications of a vehicle. Accordingly, modified Kawaoka renders obvious that “the first terminal portion of a respective cell and the second terminal portion of an adjacent cell are disposed arrayed alternating in the up-down direction, as viewed from above”.
Kawaoka further discloses (see annotation of Kawaoka Fig. 8, below) that:
each of the spacers (plate members 10) includes a first end portion that protrudes further outward than an end portion of the outer encasement member of each cell in the first protruding direction, and a second end portion that protrudes further outward than an end portion of the outer encasement member of each cell in the second protruding direction, and
each of the first end portion and the second end portion of each spacer is provided with an extending portion extending toward one side along the vertical direction,
each of the plurality of spacers has a plate shape (“plate” member 10; [0030]).
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Annotation of Kawaoka Fig. 8.
Kawaoka further discloses that each of the plurality of spacers includes (see annotation of Kawaoka Fig. 8, below):
on a side of the first end portion, a first opposing portion arranged between the first terminal portion and the second terminal portion of adjacent cells, the first opposing portion being spaced apart from, and being opposed to, both the first terminal portion and the second terminal portion of the adjacent cells in the vertical direction at the side of the first end portion; and
on a side of the second end portion, a second opposing portion arranged between the first terminal portion and the second terminal portion of another adjacent cells (interpreted as “the adjacent cells”; see 112(b) rejection, above), the second opposing portion being spaced apart from, and being opposed to, both the first terminal portion and the second terminal portion of the another adjacent cells (interpreted as “the adjacent cells”; see 112(b) rejection, above) in the vertical direction at the side of the second end portion,
at the side of the first end portion, a space is formed in the vertical direction between (i) a portion of each side surface of the adjacent cells between the first terminal portion and the second terminal portion of the adjacent cells, and (ii) the first opposing portion of each respective spacer, and
at the side of the second end portion, a space is formed in the vertical direction between (i) a portion of each side surface of the adjacent cells between the second terminal portion and the first terminal portion of the adjacent cells, and (ii) the second opposing portion of the each respective spacer.
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Annotation of Kawaoka Fig. 8.
Regarding Claim 2, modified Kawaoka renders obvious all of the limitations as set forth above, including that the extending portion of each of the first end portion and the second end portion of each spacer extends toward a lower side along the vertical direction (see annotation of Kawaoka Fig. 8, above).
Regarding Claim 4, modified Kawaoka renders obvious all of the limitations as set forth above. Kawaoka further discloses that the spacers (plate members 10) are formed from non-conductive materials such as resins and ceramics [0011]. Since resins and ceramics are understood to inherently have some chemical resistance, and the claim does not specify a particular level or metric for “electrolytic solution withstanding properties”, it is broadly and reasonably interpreted that the spacers exhibit “electrolytic solution withstanding properties”.
Other References Considered
The following prior art made of record is considered relevant to Claim 1:
Jang et al. (WO-2022244985-A1; see English equivalent US-20240106068-A1 for citations) discloses a battery module comprising a plurality of pouch-shaped battery cells [0011]. A barrier member (300) is placed between neighboring cells [0011, 0052]. The barrier member can have various configurations (see Figs. 5-12). Although the battery cells include electrode leads (110) which are connected to one another [0048, 0069], Jang does not specify the direction of the first terminal portion or the second terminal portion of each cell.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new grounds of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's 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 DREW C NEWMAN whose telephone number is (571)272-9873. The examiner can normally be reached M - F: 10:00 AM - 6:00 PM.
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/D.C.N./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
Prosecution Insights