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 .
The amendment filed 7/1/26 has been considered and entered. Claim 2 has been canceled. Claims 16-21 have been added. Claims 1 and 3-21 remain in the application for prosecution thereof.
Considering the amendment filed 7/1/26, the 35 USC 112, 102 and 103 rejections have been withdrawn. However, the following rejections have been necessitated by the amendment.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Uchida (2013/0136975) in combination with JP 5314650.
Uchida (2013/0136975) teaches a battery device having a casing main body (17) (claimed pack case) having unit cells (3) (claimed plurality of battery modules), bus bars (6) electrically connecting the unit cells (3) and a module holder (1) which fixes the unit cells (3) to the casing main body (17) ([0064]-[0083] and Fig. 2) and also allows for attaching and detaching the unit cells (3) from the casing main body (17) [0090].
Uchida (2013/0136975) fails to teach a door to remove/detach the battery form the cell unit, a door for each cell, opening and closing the door from a locked to unlocked state with a switch and the battery modules fall downward from the pack.
JP 5314650 teaches a casing body (17) (claimed pack case) whereby a unit cell (3) (claimed battery module) can be moved into and out of for insertion or removal of the unit cell (3) from the casing body (17). JP 5314650 teaches a slide rail (5) (claimed door) for each of the unit cells (3) (Figs. 3,4 and 8). While JP 5314650 teaches the unit cell not fall from the casing due to the slide rail , it does “fall” when the slide rail is moved to the open position and hence meets the claimed limitation.
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Uchida (2013/0136975) battery pack case to include doors for the battery modules as evidenced by JP 5314650 with the expectation of moving the battery modules into and out of the battery pack case.
Regarding claim 19, JP 5314650 teaches a slide rail (5) (claimed door) for each of the unit cells (3).
Regarding claim 20, JP 5314650 teaches a slide rail (5) (claimed door) to open and closed positions. While it may not teach a “turning portion” it would have been within the skill of one practicing the invention to use a turning portion vs a sliding portion with similar expectations of success.
Regarding claim 21, JP 5314650 teaches a slide rail (5) (claimed door) for each of the unit cells (3) in an open and closed position which would meet the claimed locked and unlocked state.
Allowable Subject Matter
Claims 1 and 3-17 are allowed.
It is noted that claim 1 was allowed for adding the limitations of claim 2 therein. The Examiner suggests this same amendment to be added to claim 18 to place it in condition for allowance as well and to overcome the rejection above. Claims 6-9 would have also to be addressed as they recite similar language and may need to further amended or canceled.
Response to Amendment
Applicant’s arguments with respect to claims 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argued that the prior art failed to teach removing the battery module/cell by falling downward from the pack case through a door.
JP 5314650 teaches this as detailed above.
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 BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CLEVELAND can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN K TALBOT/ Primary Examiner, Art Unit 1712
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