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 .
Election/Restrictions
Applicant's election with traverse of Group I (i.e. Claims 1-18) in the reply filed on 05/18/26 is acknowledged. The traversal is on the ground(s) that “the unelected claims can be examined without posing an undue burden” (Page 6 of Remarks).
Applicant’s argument is not persuasive. Although Applicant asserts that the unelected claims can be examined without posing an undue burden, Applicant has provided no substantive evidence and/or argument(s) to prove or otherwise support the assertion (i.e. Applicant merely declares that such an examination does not pose an undue burden without any further evidence and/or arguments to prove and/or support their position).
Therefore, the requirement is still deemed proper and is therefore made FINAL.
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, 3-4, 7, 11, 13-14, 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gunther (DE 102019131598, using the provided machine translation for citation purposes).
Regarding Claim 1, Gunther teaches a battery housing (“system”) (Abstract). As illustrated in Figures 6a-6b, Gunther teaches that the battery housing (1) comprises a battery module (5.5) (“battery subassembly”) which comprises flange (25) (“flange”). As illustrated in the annotated Figures 1d and 6b below, the flange is configured to engage a “first cross member” and a “second cross member” of a “battery pack” using a screw (29) (“fastener”) to clamp the battery module with the first and second cross members ([0032], [0040], [0048]-[0050]).
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Regarding Claim 3, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 6b (See Claim 1), the screw clamps at least a portion of a flange (25a) of a second battery module (5.6) (“at least a portion of a second battery subassembly”) between the first and second cross members to couple the battery module and the second battery module with the battery pack.
Regarding Claim 4, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in Figure 6b, the battery housing comprises a clamping element (28) (“compression limiter”) coupled with the flange to support the screw ([0048]-[0050]).
Regarding Claim 7, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the second annotated Figure 6b below, a bracket is coupled with the flange, wherein the bracket engages with the first cross member.
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Regarding Claim 11, Gunther teaches a motor vehicle (“electric vehicle”) (Abstract, [0001]). As illustrated in Figures 6a-6b, Gunther teaches that the motor vehicle comprises a battery housing (1) comprising a battery module (5.5) (“battery subassembly”) which comprises flange (25) (“flange”). As illustrated in the annotated Figures 1d and 6b below, the flange is configured to engage a “first cross member” and a “second cross member” of a “battery pack” using a screw (29) (“fastener”) to clamp the battery module with the first and second cross members ([0032], [0040], [0048]-[0050]).
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Regarding Claim 13, Gunther teaches the instantly claimed invention of Claim 11, as previously described.
As illustrated in the annotated Figure 6b (See Claim 11), the screw clamps at least a portion of a flange (25a) of a second battery module (5.6) (“at least a portion of a second battery subassembly”) between the first and second cross members to couple the battery module and the second battery module with the battery pack.
Regarding Claim 14, Gunther teaches the instantly claimed invention of Claim 11, as previously described.
As illustrated in Figure 6b, the battery housing comprises a clamping element (28) (“compression limiter”) coupled with the flange to support the screw ([0048]-[0050]).
Regarding Claim 17, Gunther teaches the instantly claimed invention of Claim 11, as previously described.
As illustrated in the second annotated Figure 6b below, a bracket is coupled with the flange, wherein the bracket engages with the first cross member.
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Claims 1, 4-5, 10-11, 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2022/0393293).
Regarding Claim 1, Park teaches an electric vehicle (“system”) comprising a battery pack (1000) (“battery pack”) (Abstract, [0001], [0021], [0038], [0089]). As illustrated in the annotated Figures 3 and 5 below, the electric vehicle comprises a “battery subassembly” comprising a “flange” configured to engage a “first cross member” and a “second cross member” of the battery pack using a bolt (B1) (“fastener”) to clamp the battery subassembly with the first and second cross members (it is noted that the instant claim does not require that “engage” means/implies direct and/or physical contact) ([0037], [0047], [0052]).
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Regarding Claim 4, Park teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 5 (See Claim 1), a gasket (601, alternatively 602) (“compression limiter”) is coupled with the flange such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]).
Regarding Claim 5, Park teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 5 (See Claim 1), a gasket (601) (“compression limiter”) is coupled with the first cross member such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]). Alternatively, and as illustrated in the annotated Figure 5 (See Claim 1), a gasket (602) (“compression limiter”) is coupled with the second cross member such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]).
Regarding Claim 10, Park teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 5 (See Claim 1), the bolt is configured to at least partially extend through the flange, the first cross member, and the second cross member to clamp the battery subassembly with the first and second cross members.
Regarding Claim 11, Park teaches an electric vehicle (“electric vehicle”) comprising a battery pack (1000) (“battery pack”) (Abstract, [0001], [0021], [0038], [0089]). As illustrated in the annotated Figures 3 and 5 below, the electric vehicle comprises a “battery subassembly” comprising a “flange” configured to engage a “first cross member” and a “second cross member” of the battery pack using a bolt (B1) (“fastener”) to clamp the battery subassembly with the first and second cross members (it is noted that the instant claim does not require that “engage” means/implies direct and/or physical contact) ([0037], [0047], [0052]).
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Regarding Claim 14, Park teaches the instantly claimed invention of Claim 11, as previously described.
As illustrated in the annotated Figure 5 (See Claim 11), a gasket (601, alternatively 602) (“compression limiter”) is coupled with the flange such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]).
Regarding Claim 15, Park teaches the instantly claimed invention of Claim 11, as previously described.
As illustrated in the annotated Figure 5 (See Claim 11), a gasket (601) (“compression limiter”) is coupled with the first cross member such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]). Alternatively, and as illustrated in the annotated Figure 5 (See Claim 11), a gasket (602) (“compression limiter”) is coupled with the second cross member such that the gasket, at least in part, supports the bolt after the bolt extends through the gasket ([0062]).
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 6, 9, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gunther (DE 102019131598, using the provided machine translation for citation purposes), and further in view of Narbonne et al. (US 2012/0003508).
Regarding Claim 6, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
Gunther does not explicitly teach an elastomeric component coupled with the first cross member, wherein the elastomeric component is configured to engage with the flange.
However, Narbonne teaches a battery pack (Abstract, [0057]). As illustrated in Figure 7, Narbonne teaches that the battery pack comprises a flange (16) having, on an interfacing surface thereof, an elastomer layer (15) formed thereon ([0057]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would form an elastomer layer (“elastomeric component”), as taught by Narbonne, on the surface of the flange interfacing with the first cross member of Gunther, given that such an elastomer layer would help enhance sealing characteristics of the battery housing. Furthermore, because the elastomer layer is positioned between the flange and the first cross member, it is considered that the elastomer layer is coupled (e.g. in contact with) with the first cross member and engages with the flange (it is noted that the instant claim does not require that “engage” means/implies direct and/or physical contact).
Regarding Claim 9, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
Gunther does not explicitly teach an adhesive applied to at least a portion of at least one of the flange, the first cross member, or the second cross member to fix the flange relative to the first and second cross members.
However, Narbonne teaches a battery pack (Abstract, [0057]). As illustrated in Figure 7, Narbonne teaches that the battery pack comprises a flange (16) having, on an interfacing surface thereof, an elastomer layer (15) formed thereon ([0057]). Narbonne teaches that the elastomer layer is attached to the flange using an adhesive ([0058]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would, with respect to the surface of the flange interfacing with the first cross member of Gunther, attach an elastomer layer using an adhesive applied to said surface of the flange (“adhesive applied to at least a portion of at least one of the flange… to fix the flange relative to the first cross member and the second cross member”), as taught by Narbonne, given that such an elastomer layer would help enhance sealing characteristics of the battery housing.
Regarding Claim 16, Gunther teaches the instantly claimed invention of Claim 11, as previously described.
Gunther does not explicitly teach an elastomeric component coupled with the first cross member, wherein the elastomeric component is configured to engage with the flange.
However, Narbonne teaches a battery pack (Abstract, [0057]). As illustrated in Figure 7, Narbonne teaches that the battery pack comprises a flange (16) having, on an interfacing surface thereof, an elastomer layer (15) formed thereon ([0057]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would form an elastomer layer (“elastomeric component”), as taught by Narbonne, on the surface of the flange interfacing with the first cross member of Gunther, given that such an elastomer layer would help enhance sealing characteristics of the battery housing. Furthermore, because the elastomer layer is positioned between the flange and the first cross member, it is considered that the elastomer layer is coupled (e.g. in contact with) with the first cross member and engages with the flange (it is noted that the instant claim does not require that “engage” means/implies direct and/or physical contact).
Claim 8, 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gunther (DE 102019131598, using the provided machine translation for citation purposes), and further in view of Lim (US 2015/0214525).
Regarding Claim 8, Gunther teaches the instantly claimed invention of Claim 1, as previously described.
Gunther does not explicitly teach that the flange comprises a protrusion configured to deform responsive to the screw clamping the flange between the first and second cross members.
However, Lim teaches a battery module (Abstract). As illustrated in Figures 7-9, Lim teaches that the battery module comprises a member (240) having an end thereof formed as a sealing end (243a, 244a) comprising double projections ([0073]-[0074]). Lim teaches that under compression, the double projections deform to spread wider to increase contact area, thereby increasing sealing performance ([0073]-[0074]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would form the end of the flange of Gunther (e.g. the end in contact with the second cross member) so as to comprise deformable double projections, as taught by Lim, given that such projections, responsive to the screw clamping the flange between the first and second cross members, would be able to deform to spread wider to increase contact area thereby increasing sealing performance.
Regarding Claim 18, Gunther teaches the instantly claimed invention of Claim 11, as previously described.
Gunther does not explicitly teach that the flange comprises a protrusion configured to deform responsive to the screw clamping the flange between the first and second cross members.
However, Lim teaches a battery module (Abstract). As illustrated in Figures 7-9, Lim teaches that the battery module comprises a member (240) having an end thereof formed as a sealing end (243a, 244a) comprising double projections ([0073]-[0074]). Lim teaches that under compression, the double projections deform to spread wider to increase contact area, thereby increasing sealing performance ([0073]-[0074]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would form the end of the flange of Gunther (e.g. the end in contact with the second cross member) so as to comprise deformable double projections, as taught by Lim, given that such projections, responsive to the screw clamping the flange between the first and second cross members, would be able to deform to spread wider to increase contact area thereby increasing sealing performance.
Allowable Subject Matter
Claim 2 is 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 following is a statement of reasons for the indication of allowable subject matter:
Claim 2 further limits the system of Claim 1 by requiring that the battery subassembly comprises the instantly claimed second flange and thermal component disposed at least partially between the flange and the second flange, wherein the fastener at least partially clamps the first and second cross members, and wherein the first and second cross members apply a clamp load to the flange and the second flange.
Although Gunther and Park disclose a “system” as recited in Claim 1 (as previously described), both Gunther and Park disclose the provision of a single flange in conjunction with first and second cross members. Accordingly, neither Gunther nor Park teach or suggest the instantly claimed system of Claim 2 which requires not only the provision of first and second flanges, but also that the first and second cross members apply the claimed clamp load to such first and second flanges.
Claim 12 is 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 following is a statement of reasons for the indication of allowable subject matter:
Claim 12 further limits the system of Claim 11 by requiring that the battery subassembly comprises the instantly claimed second flange and thermal component disposed at least partially between the flange and the second flange, wherein the fastener at least partially clamps the first and second cross members, and wherein the first and second cross members apply a clamp load to the flange and the second flange.
Although Gunther and Park disclose a “system” as recited in Claim 11 (as previously described), both Gunther and Park disclose the provision of a single flange in conjunction with first and second cross members. Accordingly, neither Gunther nor Park teach or suggest the instantly claimed system of Claim 2 which requires not only the provision of first and second flanges, but also that the first and second cross members apply the claimed clamp load to such first and second flanges.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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, Matthew Martin can be reached at 5712721481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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