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 .
Status of Claims
Claims 1-20 are currently pending.
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.
Claims 1-11, 14 & 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki (US 2012/0028099 A1).
Regarding claim 1, Aoki teaches a battery module comprising: N battery cell (10) columns, each of the N battery cell columns comprising a plurality of battery cells arranged in a first direction (y direction in fig. 1), the N battery cell columns being arranged in a second direction (z direction in fig. 1), N being an integer greater than 1, and the first direction being perpendicular to the second direction (fig. 1; [0055]-[0056]); N-1 spacer plates (20), a spacer plate extending in the first direction and being disposed between two adjacent battery cell columns of the N battery cell columns, and the spacer plate being fixedly coupled to each battery cell in the two adjacent battery cell columns (fig. 1; [0057]); wherein an end part of the spacer plate in the first direction is provided with a fixing structure configured to fix the spacer plate to a box body (i.e end plates 21 of box body formed from endplates 21 and covers 28) configured to accommodate the battery module (fig. 1; [0057]-[0058] & [0084]).
Regarding claim 2, Aoki teaches the fixing structure comprising a fixing plate that is fixedly coupled to the end part of the spacer plate and fixed coupled to a battery cell located at end part of the spacer plate (see annotated fig. 1 below).
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Regarding claim 3, Aoki teaches the fixing plate comprising a connecting part (i.e outermost portion comprising the through-hole at the ends of the spacer plate) extending in the first direction toward a direction away from the battery module, and the connecting part is configured to coupled to a wall (21) of the box body (fig. 1; [0084]).
Regarding claim 4, Aoki teaches the battery module of claim 3, wherein the connecting part is a first connecting part and the fixing plate further comprises a second connecting part (i.e flat portion of the fixing structure annotated in fig. 1 above and excluding outermost portion comprising the through-hole) extending in the first direction toward the direction away from the battery module (i.e extending away by the thickness of the flat portion of the fixing structure noted above), and the second connecting part is configured to couple to a connecting strip (i.e portion of the spacer plate facing adjacent batteries in fig. 1), wherein the connecting strip is configured to couple the battery module to another battery module in the box body.
Regarding claim 5, Aoki teaches the battery module of claim 3, wherein the connecting part is a first connecting part; and the fixing plate further comprises a second connecting part (i.e flat portion of fixing structure shown in annotated fig. 1 above excluding protruding portion with the through-hole) extending in the first direction toward the direction away from the battery module, and the second connecting part is configured to couple the fixing plate to the spacer plate.
Regarding claim 6, Aoki teaches the battery module of claim 1, wherein an end part of the spacer plate protrudes beyond N battery cell columns in the first direction, and the fixing structure comprises a protrusion portion of the end portion of the spacer plate that protrudes beyond the N columns of battery cells in the first direction (see annotated fig. 1 above).
Regarding claim 7, Aoki teaches the battery module of claim 6, wherein the fixing structure further comprises an extending part (6) fixedly coupled to the protrusion portion and extending in the second direction, the extending part being configured to coupled to a wall of the box body (fig. 1; [0084]).
Regarding claim 8, Aoki teaches the battery module of claim 7, wherein the extending part is a first extending part and the fixing plate further comprises a second extending part (i.e flat portion of the fixing structure annotated in fig. 1 above and excluding outermost portion comprising the through-hole) extending in the first direction toward the direction away from the battery module (i.e extending away by the thickness of the flat portion of the fixing structure noted above), and the second extending part is configured to couple to a connecting strip (i.e portion of the spacer plate facing adjacent batteries in fig. 1), wherein the connecting strip is configured to couple the battery module to another battery module in the box body.
Regarding claim 9, Aoki teaches the battery module of claim 1 further comprising an attaching plate (25) extending in the first direction and being fixedly coupled to the spacer plate, and the attaching plate protruding from the spacer plate in the second direction and being attached to each battery cell in the two adjacent battery cell columns (fig. 1; [0058] & [0085]).
Regarding claim 10, Aoki teaches the battery module of claim 9, wherein the attaching plate is fixedly coupled to each battery cell in the two adjacent battery cell columns (fig. 1; [0058] & [0085]).
Regarding claim 11, Aoki teaches the battery module of claim 9, wherein the attaching plate protrudes beyond the N columns of battery cells in the first direction, and the fixing structure comprises a protrusion portion of the attaching plate that protrudes beyond the N battery cell columns in the first direction (fig. 1).
Regarding claim 14, Aoki teaches the battery module of claim 1, wherein a battery cell is a cuboid battery cell comprising two opposite first side walls and two opposite second side walls, an area of a first side wall being larger than an area of a second side wall, and the spacer plate being fixedly coupled to one first side wall of the two first side walls (figs 1 & 11).
Regarding claim 17, Aoki teaches the battery module of claim 1, wherein the spacer plate can be made of polypropylene or polyamide ([0076]) which reads on a heat insulated plate.
Regarding claim 18, Aoki teaches a battery comprising: a box body (21+28) (fig. 1; [0057]-[0058]); and a battery module accommodated in the box body and comprising: N battery cell (10) columns, each of the N battery cell columns comprising a plurality of battery cells arranged in a first direction (y direction in fig. 1), the N battery cell columns being arranged in a second direction (z direction in fig. 1), N being an integer greater than 1, and the first direction being perpendicular to the second direction (fig. 1; [0055]-[0056]); N-1 spacer plates (20), a spacer plate extending in the first direction and being disposed between two adjacent battery cell columns of the N battery cell columns, and the spacer plate being fixedly coupled to each battery cell in the two adjacent battery cell columns (fig. 1; [0057]); wherein an end part of the spacer plate in the first direction is provided with a fixing structure configured to fix the spacer plate to a box body (i.e end plates 21 of box body formed from endplates 21 and covers 28) configured to accommodate the battery module (fig. 1; [0057]-[0058] & [0084]).
Regarding claim 19, Aoki teaches the battery of claim 18, wherein the battery module is one of a plurality of battery modules disposed on a bottom wall of the box body (fig. 1), the battery further comprising a connecting strip (26) disposed on surfaces of the plurality of battery modules away from the bottom wall of the box body, extending in the second direction and being fixedly coupled to the plurality of battery modules ([0077]-[0079]).
Regarding claim 20, Aoki teaches a power consumption device such as a vehicle comprising the battery of claim 18 configured to provide electric energy ([0089]).
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.
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 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 2012/0028099 A1).
Regarding claim 12, Aoki teaches the battery module of claim 9 but is silent as to the attaching plate and the spacer plate being integrally molded. However, the claimed limitation constitutes a product by process claim. Accordingly, "even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113.
Regarding claim 13, Aoki teaches the battery module of claim 1 but is silent as to N being 2. However, “the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). See MPEP 2144.04 IV (A) and (B).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 2012/0028099 A1) in view of Hayakawa (US 2020/0006729 A1).
Regarding claim 15, Aoki teaches the battery module of claim 14 but is silent as to the spacer plate having a hole provided correspondingly to the one first side wall, and an area of the hole being smaller than an area of the one first side wall. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide a hole in the spacer plate corresponding to the one first side wall such that an area of the hole is smaller than an area of the one first side wall in view of reducing the weight and cost of the spacer plate as taught by Hayakawa (figs. 1 & 3D-F; [0046]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 2012/0028099 A1) in view of Morita (US 2005/0031945 A1).
Regarding claim 16, Aoki teaches the battery module of claim 1, wherein the battery cell can be a cylindrical battery cell (fig. 29; [0106]) but is silent as to the spacer plate being an S-shaped spacer plate adapted to a side face of the cylindrical cell. Morita teaches a battery module comprising a plurality of cylindrical battery cells arranged in N battery cell columns and a spacer plate is arranged between the N battery cell columns, wherein the spacer plate is an S-shaped spaced plate adapted to a side face of the cylindrical cell (fig. 4; [0035]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use an S-shaped spacer plate for cylindrical cells in a battery module because the cylindrical cells can fit in depressions provided in the surface of the spacer and allow arrangement of a plurality of cylindrical cell in accurate alignment as taught by Morita ([0035]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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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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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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