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 .
Election/Restrictions
Applicant’s election without traverse of Species A1, Species B1, Species C1, Species D1 and Species E1 in the reply filed on 04/14/2026 is acknowledged.
Examiner notes that elected Species E1 is drawn to Fig. 13 which is an electric tool. Applicant did not elect Species E2 which is drawn to Fig. 14 which is an electric vehicle. Please see specification US 2023/0344091 A1 description [0121] and [0125]. Applicant indicates that claims 1-20 are drawn to the elected species, however, claim 20 is drawn to unelected Species E2. Therefore claims 1-19 will be examined as drawn to elected species above.
Examiner Comment
Claim 17 recites “silicon-based resin adhesive” which appears to misspell the word silicone. Correction is encouraged.
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 5, 6, 9, and 10 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 5 recites “a thin portion is provided” and is dependent on claim 2 which recites “a thin portion” it is unclear if these are the same thin portion or if claim 5 is reciting an additional thin portion. Further clarification and/or appropriate correction is required.
Claim 6 recites “a thin portion is provided” and is dependent on claims 2 and 5 which recites “a thin portion” it is unclear if these are the same thin portion or if claim 6 is reciting an additional thin portion. Further clarification and/or appropriate correction is required.
Claim 9 recites “a thin portion is provided” and is dependent on claim 7 which recites “a thin portion” it is unclear if these are the same thin portion or if claim 9 is reciting an additional thin portion. Further clarification and/or appropriate correction is required.
Claim 10 recites “a thin portion is provided” and is dependent on claims 7 and 9 which each recite “a thin portion” it is unclear if these are the same thin portion or if claim 10 is reciting an additional thin portion. Further clarification and/or appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-10, 14-16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Kawakami (US 20200076022 A1).
Regarding claim 1, Kawakami discloses a battery cell (see Figs. 1-13);
a battery holder (2, see Fig. 3, [0046]) that houses the battery cell (1 [0045]); and
a connection member (3 and 8 [0050] [0065], see Fig. 11) that electrically connects the battery cell (1), wherein the battery holder has an end portion (any portion of any side near to edge of 9) covering a side circumferential surface of the battery cell (See Fig. 3, portions 9 of element 2) and providing an opening on a terminal portion side (portions which are welded 3E [0053]) of the battery cell, the connection member (3 and 8A [0050][0075]) includes a conductive portion (3 [0050]) and an insulating portion (8A [0075]), and at least a part of the insulating portion (8A [0075]) and the end portion are connected with an adhesive member (8B and/or 8D) (see Fig. 11 and Fig. 12 [0075][0076]).
Regarding claim 14, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses that the end portion is located outside the terminal portion of the battery cell (see 9, Fig. 3).
Regarding claim 15, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses that the insulating portion (8A [0075] includes a film material, and the conductive portion (3) includes a metal member [0052].
Regarding claim 16, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses that the adhesive member (See Fig. 12, 8D [0076]) is provided in an entire region of the end portion of the battery holder (See 9 Fig. 12).
Regarding claim 18, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses that the connection member (see Fig. 13, 3B [0086] bus bar is not coated with layer 8) exposes the conductive portion to a non-facing surface side toward the battery cell.
Regarding claim 7, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses the connection member (3) includes a thin portion (see annotated figure below) in a portion that faces the terminal portion of the battery cell (1) and that corresponds to an outer periphery of a terminal facing portion (3E) provided in a portion where the adhesive member (see Fig. 13 [0086], not every bus bar section 3 has element 8) is not disposed.
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Regarding claim 8, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses the thin portion is provided along an outer periphery of the conductive portion (see annotated figure above).
Regarding claims 9 and 10, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami notes that a thin portion is provided on a portion corresponding to an outer periphery of a positive electrode (See Fig. 2, 1x or 1y) facing portion facing the terminal portion of a positive electrode of the battery cell and a negative electrode (See Fig. 2, 1y or 1x) facing portion facing the terminal portion of a negative electrode of the battery cell among the terminal facing portions (see annotated Figure above).
Regarding claim 2, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses the connection member (3) includes a thin portion (see annotated figure below) at a terminal facing portion (shown by larger dashed circle) of the battery cell (1) that faces the terminal portion of the battery cell and that is provided in at a portion where the adhesive member (see Fig. 13 [0086], not every bus bar section 3 has element 8) is not disposed.
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Regarding claim 3, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses a welded portion (3E, [0053]) where the conductive portion and the terminal portion of the battery cell are welded to each other is provided, and the thin portion is formed in a portion excluding the welded portion ([0053], see annotated Figure above).
Regarding claim 4, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses the thin portion is provided a circular shape (see annotated Figure above).
Regarding claims 5 and 6, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses the thin portion is provided on a positive electrode (See Fig. 2, 1x or 1y) facing portion facing the terminal portion of a positive electrode of the battery cell and a negative electrode (See Fig. 2, 1x or 1y) facing portion facing the terminal portion of a negative electrode of the battery cell among the terminal facing portions (See annotated figure above).
Regarding claim 19, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses an electric tool comprising the battery pack according to claim 1 [0041].
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakami (US 20200076022 A1) as applied to claims 1-10, 14-16, 18, and 19 above and in further view of Nagata (US 20130236773 A1).
Regarding claim 17, Kawakami discloses all of the claim limitations as set forth above.
Kawakami discloses the adhesive member includes a variety of resins can be used ([0067][0068]) and also discloses a urethane resin ([0067]).
Nagata discloses an adhesive resin can include a urethane resin or an acrylic resin or a silicone based resin to an adhere layers to metal foils (see claim 17, [0055]-[0056]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the urethane adhesive of Kawakami by using an acrylic resin or a silicone based resin as disclosed by Nagata because discloses that such a resin is an equivalent to urethane adhesive and is used to adhere layers to metal foils.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakami (US 20200076022 A1) as applied to claims 1-10, 14-16, 18, and 19 above and in further view of Kano (US 20150222131 A1).
Regarding claim 11, Kawakami discloses all of the claim limitations as set forth above.
Kawakami discloses an exterior case (11A and 11B) having a space for housing the battery holder (2) (see Fig. 3).
However, Kawakami does not disclose that the exterior case is provided with a rib in contact with the connection member on its inner surface.
Kano discloses that ribs (61 and 63, [0118]) can be provided on an exterior case (see Fig. 12, 10b, 13) which are in contact with the bottom surface of the battery holder (18a) and are evenly spaced throughout the bottom of the exterior case.
Kano discloses that the metal plate (23) which provides a bus is provided between the exterior case (13) and the battery holder (18) (see Fig. 11) and that the ribs aid is positioning ([0118]).
It would have been obvious to one of ordinary skill in the art at the time of the invention by providing ribs in the exterior case of Kawakami as disclosed by Kano because Kano discloses it will aid in positioning of elements.
The ribs of modified Kawakami will be contact with connection member since the connection member is between the exterior case and the battery holder.
Regarding claim 13, Kawakami discloses all of the claim limitations as set forth above.
In addition, Kawakami discloses a cutout portion is provided in the rib (See notches formed in 61, see Fig. 11).
Regarding claim 12, Kawakami discloses all of the claim limitations as set forth above.
However, Kawakami does not disclose the rib is provided at a position avoiding a position where the rib overlaps the terminal portion of the battery cell.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the positioning of the ribs of modified Kawakami so as not overlap the terminal portions of the battery cell so as not to damage the electrical connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
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