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 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, 4, 14-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fuhr et al (WO 2019/071184).
Regarding claim 1, Fuhr teaches a battery including a plurality of battery cell stacks, each including a plurality of battery cells. The battery is contained in a housing (0009). As shown in figure 4, the battery module 28 including battery cell stacks 50 within a cell region 52 of a battery housing 42 (0045). The cells are considered to be vertically stacked as the cell in figure 4 can be oriented in such a manner. Figures 4 and 5 show the housing comprising a base plate supporting the cell stack and a pair of side plates covering the side portions of the stack, as claimed. A bus bar frame assembly 62 (0047) is shown to cover an opening in a longitudinal direction in figure 4. Figure 5 shows the housing 42 including dividers 72 protruding from the inner surface of the side walls, as claimed. Dividers 72 are considered to be the instantly claimed spark delay portions.
Regarding claim 4, the bus bar frame assembly 62 of Fuhr includes a bus bar frame 136 having slits and bus bars 121 (figures 9, 10, and 0061).
Regarding claim 14, Fuhr teaches a battery pack (figures 1-5).
Regarding claim 15, Fuhr teaches the battery pack to be used in energy storage systems (0028-0029).
Regarding claim 16, Fuhr teaches the battery to be used in a vehicle (0004-0007 and figure 1).
Regarding claim 17, Figure 5 shows the housing 42 including dividers 72 protruding from the inner surface of the side walls, arranged as claimed. Dividers 72 are considered to be the instantly claimed spark delay portions.
Regarding claim 19, Figure 5 shows the housing 42 including dividers 72 protruding from the inner surface of the side walls, arranged as claimed. Dividers 72 are considered to be the instantly claimed spark delay portions.
Claim Rejections - 35 USC § 103
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuhr et al (WO 2019/071184).
Regarding claim 18, Figure 5 of Fuhr shows the housing 42 including dividers 72 protruding from the inner surface of the side walls, arranged as claimed. Dividers 72 are considered to be the instantly claimed spark delay portions.
Fuhr does not explicitly teach the instantly claimed shape.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to recognize a shape change as a design choice and would have found it obvious to try without undue experimentation and with a reasonable expectation of success.
Allowable Subject Matter
Claims 2, 3, and 5-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior art is considered to be Fuhr et al (WO 2019/071184), as discussed above. The reference neither anticipates nor renders obvious the subject matter claimed in instant claims 2, 3, and 5-13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH A SLIFKA whose telephone number is (571)270-5838. The examiner can normally be reached Monday-Friday 9am-5:30pm EST.
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/SARAH A. SLIFKA/Primary Examiner, Art Unit 1759 January 16, 2026