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 Status
This Office action is responsive to amendments and remarks filed on 4/13/2026.
Claims 1, 3, 6-7, 9, 12, 14, 16, and 20 have been amended.
Claims 5, 8, 11, 13, 15, and 19 have been cancelled.
Claims 21-26 have been newly added.
Claims 1-4, 6-7, 9-10, 12, 14, 16-18, and 20-26 are currently pending.
Response to Amendment
In light of the amendment the objection to the claims is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 4/13/2026, with respect to the objection to the drawings have been fully considered and are persuasive. The objection to the drawings dated 1/12/2026 has been withdrawn.
Applicant's arguments filed 4/13/2026 regarding the rejection of the claims have been fully considered but they are not persuasive.
Regarding claim 1 the applicant argues that “The pocket is created by enclosure geometry itself and functions to laterally contain and protect the entirety of the gasket seal. Smith does not disclose such a structure.”
The examiner disagrees with the applicant’s assertion. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Regarding claim 14 the applicant argues “that the gasket seal is arranged within the pocket defined between vertical shield portions of first and second peripheral flanges and further requires an air gap extending between the flange-to-flange interface and a leading edge of the gasket seal…” and that “Smith lacks such an arrangement of the gasket seal and the flange-to-flange interface.”
The examiner asserts that the gasket seal disclosed by SMITH is indeed arranged within the air “pocket” defined between the vertical shield portions of first and second peripheral flanges. Furthermore, SMITH discloses an air gap extending between the flange-to-flange interface and a leading edge of the gasket seal as shown in the annotated figure depicted below.
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Applicant’s arguments regarding the rejection under §103 are solely based on the unpersuasive arguments already discussed above.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 6-7, 9-10, 14, 16-17, 20, and 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200052252 A1, SMITH et al.
Regarding claim 1. SMITH [0042] discloses a traction battery pack (24) in the annotated figures depicted below, comprising:
an enclosure assembly including a first enclosure section and a second enclosure section;
a gasket seal arranged within a pocket structurally defined between opposing vertical shield portions of a first peripheral flange of the first enclosure section and a second peripheral flange of the second enclosure section, the opposing vertical shield portions laterally capturing the gasket seal wherein
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the first peripheral flange directly contacts the second peripheral flange at a flange-to-flange interface positioned inboard of the gasket seal with respect to an interior area of the enclosure assembly; and
The embodiment shown in annotated figure 6 depicted below discloses an air gap extending between the flange-to-flange interface and a leading edge of the gasket seal.
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Regarding claim 2. SMITH discloses the traction battery pack as recited in claim 1 in the annotated figure 6 depicted in the rejection of claim 1 above, wherein the first peripheral flange at least partially envelops the second peripheral flange.
Regarding claim 3. SMITH discloses the traction battery pack as recited in claim 2 in the annotated figure 6 depicted below, wherein the first peripheral flange includes a horizontal shield portion and a vertical shield portion that extends from the horizontal shield portion, and the second peripheral flange includes a horizontal shield portion and a vertical shield portion that extends from the horizontal shield portion.
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Regarding claim 4. SMITH discloses the traction battery pack as recited in claim 3 in the annotated figure 6 depicted in the rejection of claim 3 above, wherein the horizontal shield portion of the first peripheral flange extends over the horizontal shield portion of the second peripheral flange.
Regarding claims 6 and 7. SMITH discloses the traction battery pack as recited in claim 3 in the annotated figure 6 depicted below, comprising a fastener that secures the vertical shield portion of the first peripheral flange to the vertical shield portion of the second peripheral flange, this fastener is in the form of a clip meeting the imitations of claim 7.
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Regarding claim 9. The traction battery pack as recited in claim 3, wherein the vertical shield portion of the first peripheral flange includes a hook feature that engages a dent feature of the vertical horizontal shield portion of the second peripheral flange.
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Regarding claim 10. SMITH discloses the traction battery pack as recited in claim 3 in the annotated figure 6 depicted below, wherein the air gap is between the horizontal shield portion of the first peripheral flange and the horizontal shield portion of the second peripheral flange.
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Regarding claim 14. SMITH [0042] discloses a traction battery pack (24) in the annotated figure 2 depicted below, comprising:
an enclosure assembly including a first enclosure section and a second enclosure section that cooperate to establish an interior area;
a battery array positioned within the interior area;
a gasket seal arranged within a pocket defined between a first vertical shield portion of a first peripheral flange of the first enclosure section and a second peripheral flange of the second enclosure section;
the first peripheral flange contacting the second peripheral flange at a flange-to-flange interface
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Annotated figure 6 depicted below discloses an air gap extending between the flange-to-flange interface and
a leading edge of the gasket seal and
a fastener extending across the pocket and through the first vertical shield portion of the first peripheral flange and the second vertical shield portion of the second peripheral flange to mechanically secure the first and second vertical shield portions together.
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Regarding claim 16. SMITH discloses the traction battery pack as recited in claim 14 in the annotated figure 6 depicted below, wherein the vertical shield portion of the first peripheral flange extends downwardly from a horizontal shield portion of the first peripheral flange, and the vertical shield portion of the second peripheral flange extends downwardly from a horizontal shield portion of the second peripheral flange.
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Regarding claim 17. SMITH discloses the traction battery pack as recited in claim 16 in the annotated figure 6 depicted below, wherein the horizontal shield portion of the first peripheral flange abuts the horizontal shield portion of the second peripheral flange to establish the flange-to-flange interface.
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Regarding claim 20. SMITH discloses the traction battery pack as recited in claim 14 in the annotated figure 6 depicted below, wherein the fastener includes a bolt.
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Regarding claim 22. SMITH discloses the traction battery pack as recited in claim 14 in the annotated figure depicted below the pocket laterally captures the gasket seal, and an entirety of the gasket seal is arranged within the pocket.
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Regarding claim 23. SMITH discloses the traction battery pack as recited in claim 1 in the annotated figure depicted below the air gap thermally insulates the gasket seal from thermal energy originating from the interior area.
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Regarding claim 24. SMITH discloses the traction battery pack as recited in claim 1, wherein the annotated figure depicted below shows the entirety of the gasket seal is arranged within the pocket.
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Regarding claim 25. SMITH discloses the traction battery pack as recited in claim 6, wherein the annotated figure depicted below discloses a fastener that is separate from the gasket seal and extends across the pocket to mechanically secure the opposing vertical shield portions together.
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Regarding claim 26. SMITH [0042] discloses a traction battery pack (24) in the annotated figures depicted below comprising:
an enclosure assembly including a first enclosure section and a second enclosure section that cooperate to establish an interior area;
a battery array positioned within the interior area;
a first peripheral flange of the first enclosure section and a second peripheral flange of the second enclosure section each including a horizontal shield portion and a vertical shield portion;
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The embodiment shown in annotated figure 6 depicted below discloses a gasket seal arranged within a pocket defined between the vertical shield portion of the first peripheral flange and the vertical shield portion of the second peripheral flange; wherein
the first peripheral flange and the second peripheral flange directly contact one another at a flange-to-flange interface positioned inboard of the gasket seal with respect to the interior area;
an air gap extending between the flange-to-flange interface and a leading edge of the gasket seal; and
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The annotated figure depicted below discloses a fastener separate from the gasket seal and extending across the pocket and through the vertical shield portion of the first peripheral flange and the vertical shield portion of the second peripheral flange to mechanically secure the vertical shield portions together.
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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.
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.
Claims 12, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200052252 A1, SMITH et al.
Regarding claims 12 and 18. The traction battery pack as recited in claims 1 and 17, wherein a flat surface of the horizontal shield portion of the first peripheral flange contacts a curved portion of the horizontal shield portion of the second peripheral flange at the flange-to-flange interface.
The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have rearranged the parts that would not have modified the operation of the device.
Regarding claim 21. SMITH discloses the traction battery pack as recited in claim 14,
SMITH does not disclose the fastener is a bolt.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used a bolt as a fastener instead of a clip as bolts are widely used in the art for fastening flanges together.
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 LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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