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 § 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 1 and 7 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 1 recites the limitation "the spacer component" in line 5. There is insufficient antecedent basis for this limitation in the claim. The claim only refers to “multiple independent spacer components” before this.
Claim 1 recites the limitation "the " in line 7. There is insufficient antecedent basis for this limitation in the claim. The claim only refers to “multiple cells” or “the cells” before this.
The term “close” in claim 7 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear where the metal plate must be positioned to be "close" to the accommodating recesses. While the specification doesn't define "close", Fig. 5 of the disclosure shows the metal plate positioned adjacent to the recess. The examiner proposes the following two more definite descriptions of the location of the metal plate: "adjacent to" or "forming a part of the curve of the recess".
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 1-5, 8-11, 13, 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20190280260 A1, Shimizu, 2017.
Regarding claim 1, Shimizu teaches a battery support (Fig. 1, Element 20) for a battery assembly (Fig. 1, Element 10; Fig. 6 Element 60) having multiple cells (Fig. 1, Element 11) arranged parallel axially (Fig. 1, see selected section below)
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characterized in that the battery support comprises retaining components located at the top (Paragraph 21) and bottom (Fig. 1, Element 33), and a heat dissipating means therebetween (Fig. 1, Element 30; Fig. 2 Element 20; Fig. 6 Element 61), the heat dissipating means comprising multiple independent spacer components (Fig. 1, Elements 22,24, 30; Fig. 6, Element 61), the spacer component having multiple accommodating recesses on at least one side (Fig. 1, Element 30), the accommodating recess being partially shape-fitted (Fig. 2, see annotated segment below)
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to a circumferential sidewall of a cell (Fig. 1, Element 12), the spacer component being made of a flexible material with a thermal conductivity higher than that of air (Paragraph 20), the retaining component restricting movement of the cell in an axial direction of the cell (Paragraph 21, “Preferably, insulating boards each having a plurality of through holes are disposed between battery holder 20 and the respective lead plates such that the through holes expose the terminals of cylindrical batteries 11.”), and the heat dissipating means restricting movement of the cell perpendicular to the axial direction of the cell (Fig. 2).
Regarding claim 2, Shimizu teaches the spacer components (Fig. 1, Elements 22, 24, 30) are arranged abreast in such a way as to be separable from each other (Fig. 1), and the accommodating recesses are positioned opposite each other (Fig. 1) between said spacer components to form an accommodating cavity (Fig. 1) being able to accommodate the cell in a shape-matched manner (Fig. 1, Fig. 2).
Regarding claim 3, Shimizu teaches the accommodating recesses are provided on two sides in a transverse direction of each said spacer component (Paragraph 30, “regularly repeated projections and depressions”), and the accommodating recesses on the two sides of the transverse direction of each said spacer being staggered in a longitudinal direction (Fig. 1, see annotated copy below).
Regarding claim 4, Shimizu teaches the accommodating cavity defined by the spacer components is cylindrical (Fig. 1).
Regarding claim 5, Shimizu teaches the heat dissipating means further comprises an end component (Fig. 6, Outer Elements 22 and 24, designated below)
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located at an outer side of in the transverse direction of all of the spacer components and arranged abreast of the spacer components, the end component having multiple accommodating recesses (Fig. 1, Element 25), the accommodating recesses of the end component facing the accommodating recesses of the adjacent spacer component to form accommodating cavities, which accommodate the cells in a partially shape-adapted manner (Fig. 6).
Regarding claim 8, Shimizu teaches the height of the dissipating means is more than half of the height of the cell (Fig. 1).
Regarding claim 9, Shimizu teaches the spacer is a rotationally symmetric structure (Fig. 5, annotated version with axis of rotational symmetry approximated shown below).
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Regarding claim 10, Shimizu teaches the accommodating recesses are distributed uniformly in the longitudinal direction (Paragraph 30, “regularly repeated”), and the spacing between adjacent accommodating recesses is smaller than the diameter of the accommodating cavity (Fig. 1).
Regarding claim 11, Shimizu teaches the thickness of any part of the spacer component is smaller than the diameter of the accommodating cavity (Fig. 1).
Regarding claim 13, Shimizu teaches the heat dissipating means is in direct contact with a housing (Fig. 6, Outer Elements 22, 24) of the battery assembly.
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Regarding claim 14, Shimizu teaches a battery assembly (Fig. 6, Element 60) characterized by comprising: multiple cells (Fig. 6, Elements 11A and 11B), a battery support (Fig. 6, Element 20), and cells being accommodated in the accommodating cavities (Fig. 6) formed by the spacer components (Fig. 6, Elements 22, 24, 30) of the heat dissipating means (Fig. 6, Elements 22, 24, 30).
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.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190280260 A1, Shimizu, 2017 in view of US 20110192564 A1, Mommer et. al., 2011.
Regarding claims 6 and 7, Shimizu teaches a spacer component (Fig. 1, Elements 22,24, 30; Fig. 6, Element 61) comprising a material with a high thermal conductivity (Paragraph 20; Fig. 1, Elements 22, 24), which may, for example, be metal. Shimizu teaches the spacer component further comprises components (Fig. 6 Elements 30, 61) with a lower thermal conductivity than the high thermal conductivity material (Paragraphs 30, 38), which comprises an epoxy resin (Paragraph 30). Shimizu et. al. teaches the material with a high thermal conductivity is close to the battery (Fig. 6) and is plate shaped (Paragraph 16).
Shimizu does not teach the components with a lower thermal conductivity comprise EPDM.
However, Mommer et. al. teaches a foam layer formed of a polymeric material, where the polymer may be selected from a group containing epoxy resin and EPDM (Paragraph 17).
Since the prior art of Mommer et. al. recognizes the equivalency of epoxy resin and EPDM in the field of battery separators and housings, it would have been obvious to one of ordinary skill in the art at the time of the invention to replace the epoxy resin of Shimizu with the EPDM of Mommer et. al. as it is merely the selection of functionally equivalent thermally conductive materials recognized in the art and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190280260 A1, Shimizu, 2017 in view of US 20040050595 A1, Saito et. al., 2004.
Regarding claim 12, Shimizu teaches a battery support with a heat dissipating means disposed between an upper and a lower retaining component (Paragraph 28).
Shimizu does not teach the upper and lower retaining components are connected to each other and clamp the heat dissipating means between them.
However, Saito et. al. teach a robot (Fig. 1, Element 1) with a storage battery (Fig. 11, Element 30) with screws (Fig. 11, Element 46a) that fasten to secure the battery modules (Fig. 10, Element 40A). The benefit of this is preventing rattling (Paragraph 70).
One of ordinary skill in the art at the time of the invention would have found it obvious to include the securing mechanism of Saito et. al. in the battery assembly of Shimizu because preventing rattling of battery assemblies is clear and predictable benefit in possible applications of the device of Shimizu, such as the robot taught by Saito et. al.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 13, 14 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 5, 9-13 of copending Application No. 18674304, Lee, 2024 (US20240405311A1), in view of Xianbo Hou et. al., ACS Nano 2024 18 (18), 11525-11559. The claims are not patentably distinct from each other as shown in the table below which breaks down the claim mapping.
This is a provisional nonstatutory double patenting rejection.
Regarding Claim 1 of the instant.
Instant Application
Co-Pending Application 18674304
Battery support, for a battery assembly having multiple cells
1: Battery pack, configured to be able to supply power to an electric tool, the battery pack comprising: a housing, defining an internal space of the battery pack; a cell assembly, located in the internal space and comprising multiple cells; a circuit board, located in the internal space and disposed at one side of the cell assembly, characterized in that the battery pack further comprises a heat management apparatus, the heat management apparatus comprising: one or more first thermal isolation plate, disposed between the cell assembly and the circuit board, and used for reducing the transmission of heat between the cell assembly and the circuit board; and one or more thermally conductive plate, configured to at least partially transmit heat generated by the cell assembly in the internal space to the outside.
arranged in parallel axially,
9. Battery pack according to Claim 2, characterized in that the cell assembly comprises a first cell set and a second cell set arranged in alignment in a longitudinal direction (D1), the first cell set and second cell set each comprising multiple cells arranged in parallel, and one or more second thermal isolation plate is provided between the first cell set and the second cell set, the second thermal isolation plate extending substantially parallel to longitudinal end faces of the first cell set and second cell set.
characterized in that the battery support comprises retaining components located at the top and bottom of the cells,
5. Battery pack according to Claim 4, characterized in that the one or more thermally conductive plate is disposed at a bottom side in the height direction (D3) of the cell assembly, and/or at least one of two sides of the cell assembly that are opposite one another in a longitudinal direction (D1), and/or at least one of two sides of the cell assembly that are opposite one another in a transverse direction (D2) orthogonal to the longitudinal direction (D1), and/or at a transitional part of a bottom face and a peripheral side face of the cell assembly.
and a heat dissipating means therebetween, the heat dissipating means comprising multiple independent spacer components,
1: Battery pack, configured to be able to supply power to an electric tool, the battery pack comprising: a housing, defining an internal space of the battery pack; a cell assembly, located in the internal space and comprising multiple cells; a circuit board, located in the internal space and disposed at one side of the cell assembly, characterized in that the battery pack further comprises a heat management apparatus, the heat management apparatus comprising: one or more first thermal isolation plate, disposed between the cell assembly and the circuit board, and used for reducing the transmission of heat between the cell assembly and the circuit board; and one or more thermally conductive plate, configured to at least partially transmit heat generated by the cell assembly in the internal space to the outside.
the spacer component having multiple accommodating recesses on at least one side, the accommodating recess being partially shape-fitted to a circumferential sidewall of the cell,
10. Battery pack according to Claim 7, characterized in that the shape of the cell is cylindrical, and the one or more second thermal isolation plate disposed between the cell layers or between the cell columns is wave-shaped, and comprises one or more depression adapted to the cylindrical circumferential shape of the cell.
the spacer component being made of a flexible material
12. Battery pack according to Claim 2, characterized in that the one or more first thermal isolation plate and/or the one or more second thermal isolation plate is made of at least one of an aerogel material and a mica material.
While application 18/674304 does not teach specifically that the thermal isolation plate is made of a flexible material, Lee teaches it may be made of aerogel. Xianbo Hou et. al. teaches that aerogel materials may be flexible (Abstract). Therefore, it would be obvious that the spacer component of claim 1 of the instant is not patentably distinct from the thermal isolation plate of claim 12 of 18/674304.
with a thermal conductivity greater than that of air,
11. Battery pack according to Claim 1, characterized in that the one or more thermally conductive plate is made of a material with a thermal conductivity greater than that of air.
the retaining component restricting movement of the cell in an axial direction of the cell, and the heat dissipating means restricting movement of the cell perpendicular to the axial direction of the cell.
13. Battery pack according to Claim 2, characterized in that a cell support for supporting the cell assembly and fixing the positions of the multiple cells in the cell assembly is provided between the housing and the cell assembly, wherein the cell support is made of the same thermally isolating material as the first thermal isolation plate and/or the second thermal isolation plate.
Regarding Claim 13 of the instant.
Instant Application
Co-Pending Application 18674304
13. Battery support according to Claim 1, characterized in that the heat dissipating means is in direct contact with a housing of the battery assembly.
13. Battery pack according to Claim 2, characterized in that a cell support for supporting the cell assembly and fixing the positions of the multiple cells in the cell assembly is provided between the housing and the cell assembly, wherein the cell support is made of the same thermally isolating material as the first thermal isolation plate and/or the second thermal isolation plate.
Regarding Claim 14 of the instant.
Instant Application
Co-Pending Application 18674304
14. Battery assembly, characterized by comprising: multiple cells; the battery support according to Claim 1,
1. Battery pack, configured to be able to supply power to an electric tool, the battery pack comprising: a housing, defining an internal space of the battery pack; a cell assembly, located in the internal space and comprising multiple cells; a circuit board, located in the internal space and disposed at one side of the cell assembly, characterized in that the battery pack further comprises a heat management apparatus, the heat management apparatus comprising: one or more first thermal isolation plate, disposed between the cell assembly and the circuit board, and used for reducing the transmission of heat between the cell assembly and the circuit board; and one or more thermally conductive plate, configured to at least partially transmit heat generated by the cell assembly in the internal space to the outside.
the cells being accommodated in the accommodating cavities formed by the spacer components of the heat dissipating means.
10. Battery pack according to Claim 7, characterized in that the shape of the cell is cylindrical, and the one or more second thermal isolation plate disposed between the cell layers or between the cell columns is wave-shaped, and comprises one or more depression adapted to the cylindrical circumferential shape of the cell.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20210091427 A1. This was included in the IDS filed on 1/09/2024 as a part of the European Search Report and anticipates a large portion of the disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUISE JAMES IANNUCCI whose telephone number is (571)272-6917. The examiner can normally be reached 7:00 A.M. - 5:00 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUISE JAMES IANNUCCI/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721