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 Status
Claims 3 and 5 have been cancelled and claims 1-2, 4, 13, 16 and 19 have been amended. Claims 1-2, 4, and 6-20 are currently pending.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (U.S. 20230102065).
With respect to claim 1, Han discloses a battery pack (1000) for a vehicle (Fig. 1; [0003]), comprising:
a base member (1130 – partition wall) forming a skeleton (Fig. 8);
at least one bus bar (1402 and 1403 – second and third connecting member) mounted on the base member (1130) (Fig. 8);
a connection groove (1131 – void) formed by being depressed in the base member (1130) (Fig. 8);
a wire (1401 – first connecting member) inserted into the connection groove (1131) (Fig. 8) and ;
a reinforcing member assembly (1130 and 1140 – partition walls) configured to include the base member (1130), the at least one bus bar (1402 and 1403), and the connection groove (1131), the wire (1401) (Fig. 8),
wherein the at least one bus bar (1402 and 1403) is mounted on at least one of both sides of the cross-section in the base member (1130) (Fig. 8), and
The above cited embodiment of Han (Fig. 8) does not include a member cover coupled to the base member and blocking the at least one bus bar and the connection groove from an outside. However, an alternative embodiment of Han teaches the connection groove (1131) is formed such that an opening thereof is located at an upper side of a cross-section of the base member (1130L) perpendicular to a length direction of the base member (1130) (Fig. 4) and the inclusion of a member cover (1130U – upper frame) coupled to the base member (1130L – lower frame) while surrounding the upper side of the base member (1130L) (Fig. 4), seals the opening of the connection groove (1131) to constrain the wire (1401) inserted through the opening toward a lower side of the connection groove (1131) (Fig. 4).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to use the assembly method detailed in Fig. 4 of Han to the base member disclosed in Fig. 8 of Han in order to form the base member.
In either embodiment, it is not shown that (I) the member cover also surrounds the sides of the base member or is in planar contact with surfaces of the busbars, as there is no single embodiment that shows a cover with the busbars, or that (II) the connection groove is formed in an upper portion of the base member, instead disclosing the connection groove is formed in a lower portion of the base member.
Regarding limitation (I), the combination of the embodiments shown in Fig. 4 and Fig. 8 as presented in the above rejection of claim 1 would arrive at this limitation. This is made obvious by the exposed sides of the busbars (1402 and 1403) shown in Fig. 8 which align with the lateral sides of the base member (1130). Therefore, when the cover member (1130U) is introduced in Fig. 8, it would be in surface contact with the base member (1130L) as depicted in Fig. 4, and the exposed sides of the bus bars (1402 and 1403) as depicted in Fig. 8.
Regarding limitation (II), applicant is reminded that shifting the position of a part is unpatentable as long as the shift does not modify the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this instance, the connection groove housing the wire being at a lower portion or upper portion of the base member does not modify the grooves ability to house the wire and provide an extension space within the battery pack, therefore its relative location is unpatentable. The difference caused between the relative positions of the connection groove is a change in the installation process of the wire. However, in the embodiment referenced in Fig. 4 above, the same installation method of the wire is required when compared to that of the instant application, where the wire is lowered into a base of the base member and subsequently covered, rather than fed through the groove longitudinally as depicted by Fig. 8. Therefore, the method of installing a wire into the base member wherein the wire is lowered to sit on a top of a base member rather than fed through a base member is sufficiently taught. Hence repositioning the connection groove to be above the busbars results in no structural difference that has not been taught tin the prior art.
With respect to claim 2, Han discloses the connection groove (1131) extends along the length direction of the base member (1130) (Figs. 2 and 8).
With respect to claim 4, Han discloses a bus bar mounting groove (1133 – recess), into which the at least one bus bar (1402 and 1403) is inserted, is formed along the length direction of the base member (1130) (Fig. 2 and 8).
With respect to claim 6, Han discloses the at least one bus bar (1402 and 1403) includes a plurality of the bus bars (1402 and 1403) symmetrically mounted on sides of the base member (1130) (Fig. 8).
With respect to claim 7, Han discloses the bus bar mounting groove (1133) of the base member (1130) is disposed higher than the connection groove (1131) so as to be vertically spaced away from the connection groove (1131) (Fig. 8).
While Han discloses the mounting groove (1133) and connection groove (1131) are vertically spaced apart, Han discloses the mounting groove (1133) is disposed above the connection groove (1131), not below as claimed. However, applicant is reminded that shifting the position of a part is unpatentable as long as the shift does not modify the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this instance, the connection groove housing the wire being lower than the mounting groove for the bus bars does not modify either grooves ability to house the bus bars or wires in the extension direction of the grooves, therefore their relative location is unpatentable.
With respect to claim 8, Han discloses the cross-section perpendicular to the length direction of the base member (1130) is formed by a square cross-section (Fig. 2 and 8).
With respect to claim 9, Han discloses the member cover (1130U) has a cross-sectional structure surrounding an upper side the square cross-section of the base member (1130L) (Fig. 4).
While Han does not disclose that the member cover (1130U) covers the sides of the base member (1130L), however applicant is reminded that the claimed configuration of a part is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed part was significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). In this instance, extending the sides of the member cover (1130U) to contact the sides of the base member (1130L) offers no significance, as the cover member (1130U) can still be connected to the base member (1130L) via welding or mechanical fastening means as disclosed by Han ([0053]).
With respect to claim 10, Han discloses the wire (1401) inserted into the connection groove (1131) is a wire for communication (connects electrical component 1301 to another electrical component (1303) (Fig. 2. [0041]).
With respect to claim 11, Han discloses a cross-section of the base member (1130) perpendicular to a length direction of the base member (1130) is formed by a square cross-section (Fig. 2 and 8),
wherein the member cover (1130U) is formed in a shape surrounding both sides and an upper side of the square cross-section of the base member (1130L) (see above rejection of claim 9), wherein the at least one bus bar (1402 and 1403) is inserted and mounted in at least one bus bar mounting groove (1133) formed on surfaces of the square cross-section of the base member (1130) (Fig. 8).
With respect to claim 12, Han discloses the at least one bus bar mounting groove (1133) includes a plurality of bus bar mounting grooves (1133 right and 1133 left) vertically disposed on surfaces of the square cross- section of the base member (1130) (Fig. 8).
With respect to claim 13, Han discloses the connection groove (1131) is formed in a central portion of an upper side of the square cross-section of the base member (1130) (Fig. 8; see above rejection of claim 2 to read on “upper” location of connection groove 1131), and
bank portions (labeled) of sides of the connection groove (1131) are in surface-to-surface contact with an inside of corners of the member cover (1130U) (Fig. 4 and 8 - below).
Although no one embodiment shows the bank portions of the connection groove being in close contact with the inside corners of the member cover, once the embodiments of Fig. 4 and Fig. 8 are combined, as referenced in the above rejection of claim 1, and the connection groove is disposed above the bus bar mounting grooves in an upper portion of the base member, as referenced in the above rejection of claims 2 and 7, the bank portions (labeled) would necessarily be in close contact with the inside corners of the member cover.
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With respect to claims 14 and 15, Han discloses the reinforcing member assembly (1130 and 1140) is elongated in a longitudinal/transverse direction of a vehicle in which the battery pack (1000) is mounted (Fig. 1; [0044]). Han discloses that the connecting member (1400) can be housed in either the portion of the reinforcement assembly (1130 and 1140) (Fig. 1). Therefore, regardless of the mounting orientation of the battery pack (1000) in a vehicle, the reinforcing assembly (1130 and 1140) would extend in both (longitudinal and transverse) directions.
With respect to claim 16, a reinforcing member assembly (1130 and 1140) for a battery case (1100 – pack housing) of a vehicle (Fig. 1; [0003]), comprising:
a base member (1130 – partition wall) forming a skeleton (Fig. 8);
a bus bar mounting groove (1133) formed by being depressed on a surface of the base member (130) to mount a bus bar (1402 and 1403) (Fig. 8)
a connection groove (1131 – void) formed by being depressed in the base member (1130) (Fig. 8);
The above cited embodiment of Han (Fig. 8) does not include a member cover coupled to the base member and blocking the bus bar mounting groove and the connection groove from an outside. However, an alternative embodiment of Han teaches the inclusion of a member cover (1130U – upper frame) coupled to the base member (1130L – lower frame) and blocking the connection groove (131) from an outside (Fig. 4). In this embodiment, it is not shown that the member cover (1130) also covers the busbars (1402 and 1403) depicted in the embodiment of Fig. 8. However, Han details that the Fig. 4 embodiment illustrates an assembly method of the base member (1130) ([0053]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to use the assembly method detailed in Fig. 4 of Han to the base member disclosed in Fig. 8 of Han in order to form the base member.
Regarding limitation (I), the combination of the embodiments shown in Fig. 4 and Fig. 8 as presented in the above rejection of claim 1 would arrive at this limitation. This is made obvious by the exposed sides of the busbars (1402 and 1403) shown in Fig. 8 which align with the lateral sides of the base member (1130). Therefore, when the cover member (1130U) is introduced in Fig. 8, it would be in surface contact with the base member (1130L) as depicted in Fig. 4, and the exposed sides of the bus bars (1402 and 1403) as depicted in Fig. 8.
Regarding limitation (II), applicant is reminded that shifting the position of a part is unpatentable as long as the shift does not modify the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this instance, the connection groove housing the wire being at a lower portion or upper portion of the base member does not modify the grooves ability to house the wire and provide an extension space within the battery pack, therefore its relative location is unpatentable. The difference caused between the relative positions of the connection groove is a change in the installation process of the wire. However, in the embodiment referenced in Fig. 4 above, the same installation method of the wire is required when compared to that of the instant application, where the wire is lowered into a base of the base member and subsequently covered, rather than fed through the groove longitudinally as depicted by Fig. 8. Therefore, the method of installing a wire into the base member wherein the wire is lowered to sit on a top of a base member rather than fed through a base member is sufficiently taught. Hence repositioning the connection groove to be above the busbars results in no structural difference that has not been taught tin the prior art.
With respect to claim 17, Han discloses the base member (1130) has a square cross-section perpendicular to a length direction of the base member (1130) (Fig. 2 and 8),
wherein the member cover (1130U) is formed in a shape surrounding sides and an upper side of the square cross-section of the base member (1130L) (see above rejection of claim 9),
wherein the bus bar mounting groove (1133) is formed on surfaces of the square cross-section of the base member (1130) (Fig. 8),
wherein the connection groove (1131) is formed on an upper surface of the square cross-section of the base member (1130) (see above rejection of claim 2).
With respect to claim 18, Han discloses the bus bar mounting groove (1133) of the base member (1130) is disposed lower than the connection groove (1131) so as to be vertically spaced away from the connection groove (1131) (see above rejection of claim 7).
With respect to claim 19, Han discloses the connection groove (1131) is formed in a central portion of an upper side of the square cross-section of the base member (1130) (Fig. 8), and bank portions (labeled) of both sides of the connection groove (1131) are in surface-to-surface contact with an inside of both corners of the member cover (1130U) (Fig. 4 and 8; see above rejection of claim 13).
With respect to claim 20, Han discloses with the bus bar mounting groove (1133) inserted into the bus bar (1402 and 1403), when a surface of the base member (1130) and a surface of the bus bar (1402 and 1403) are aligned and the member cover (1130U) is coupled to the base member (1130L) (Fig. 4 and 8), an inner surface of the member cover (1130U) is formed to have a depth so as to be in planar contact with surfaces of the base member (1130L) and the bus bar (1402 and 1403) (Fig. 4 and 8; see rejection of claim 5).
Response to Arguments
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive. Applicant’s arguments are premised on the assertion that the particular claimed configuration of the connection groove structure being on top of the busbars in the instant application allows the wire to be assembled from an upper side in a single step, rather than requiring the wire to be inserted lengthwise through an opening, thus differing it from the prior art. This argument is not persuasive, as Fig. 4 of the prior art clearly teaches the exact same assembly method, with a wire being inserted into a base member in a single step from an upper side of the base member. Therefore, the argument that the applicant’s invention introduces a “significant improvement in assemblability, simplifying installation, and reducing manufacturing complexity,” is not persuasive, as no new assemblability method has been introduced over the prior art.
Applicant further argues that the single step function of the cover to secure the wire and the busbars is not taught in the prior art. Examiner disagrees, as the embodiment in the prior art presented in Fig. 4 clearly depicts a base member which surrounds the entirety of the voided area. Thus, when combined with the embodiment in Fig. 8 as suggested in the rejection of claim 1, one having ordinary skill in the art could inherently arrive at the conclusion that the busbars would also be surrounded by the base member, thus achieving the same structure as applicant’s Fig. 3-4.
Lastly, applicant argues that the open groove structure in an upper opening, the busbars mounted on both sides of the base member, an the member cover surrounding the upper side and both sides of the base member results in a structurally integrated reinforcing structure. However, each of these features has been identified in the prior art. Therefore, the combination of these features is unpatentable.
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 JORDAN E BERRESFORD whose telephone number is (571)272-0641. The examiner can normally be reached M-F 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (572)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.E.B./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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