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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/23/2023 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "56" and "58" have both been used to designate the leading edge, "48" and "52" have both been used to designate the vertical shield portion, and "46" and "52" have both been used to designate the horizontal shield portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 is objected to because of the following informalities: "air gap" is missing the indefinite article "an". Appropriate correction is required.
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 1-11, 13-17, and 19-20 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 figure 2 depicted below, comprising:
an enclosure assembly including a first enclosure section and a second enclosure section;
a gasket seal arranged within a pocket between a first peripheral flange of the first enclosure section and a second peripheral flange of the second enclosure section; and
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The embodiment shown in annotated figure 6 depicted below discloses an air gap arranged between the first peripheral flange and the second peripheral flange at a location inboard from 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 claim 5. 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 gasket seal is arranged between the vertical shield portion of the first peripheral flange and the vertical shield portion of the second peripheral flange.
Regarding claims 6 and 8. SMITH discloses the traction battery pack as recited in claim 5 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 8.
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Regarding claim 7. SMITH discloses the traction battery pack as recited in claim 6 in the annotated figure 6 depicted below, wherein the fastener includes a bolt.
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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 11. SMITH discloses the traction battery pack as recited in claim 3 in the annotated figure 6 depicted below, wherein the horizontal shield portion of the first peripheral flange contacts the horizontal shield portion of the second peripheral flange at a flange-to-flange interface.
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Regarding claim 13. SMITH discloses the traction battery pack as recited in claim 11 in the annotated figure 6 depicted below, wherein the air gap extends from the flange-to-flange interface to a leading edge of the gasket seal.
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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 between 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.
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Regarding claim 15. SMITH discloses the traction battery pack as recited in claim 14 in the annotated figure 6 depicted below, wherein the gasket seal is received in a pocket that is between a vertical shield portion of the first peripheral flange and a vertical shield portion of the second peripheral flange.
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Regarding claim 16. SMITH discloses the traction battery pack as recited in claim 15 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 claims 19 and 20. SMITH discloses the traction battery pack as recited in claim 15 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 in the form of a bolt thereby meeting the limitations of claim 20.
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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 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200052252 A1, SMITH et al.
Regarding claim 12 and 18. The traction battery pack as recited in claims 11and 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20080050645 A1, KAI et al.
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
/Maria Laios/Primary Examiner, Art Unit 1727