DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-9, drawn to a battery pack, classified in H01M 50/509.
II. Claims 10-15, drawn to a battery pack assembly jig, classified in H01M 50/289.
3. The inventions are independent or distinct, each from the other because:
4. Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have materially different . Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
5. Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(A) the inventions have acquired a separate status in the art in view of their different classification,
(B) the inventions have acquired a separate status in the art due to their recognized divergent subject matter, and
(C) the inventions require a different field of search, e.g. searching different classes/subclasses or electronic resources, or employing different search strategies or search queries.
6. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
7. Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
8. During a telephone conversation with Roberto Capriotti, Esq. on 14 January 2026, no election was made. An email notification from Roberto Capriotti, Esq. on 14 January 2026 resulted in a provisional election without traverse to prosecute the invention of Group I, Claims 1-9. Affirmation of this election must be made by applicant in replying to this Office action. Claims 10-15 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Status of Claims
9. Claims 1-15 are pending in the current application, claims 10-15 are withdrawn, and claims 1-9 are under consideration on the merits.
Examiner Note
10. It is noted that all references hereinafter to Applicant's specification are to the published
application US 20240421441 A1, unless stated otherwise.
Specification
11. The abstract of the disclosure is objected to because "ones of the set of battery terminals" in line 2 is unclear whether it is referring back to "each battery cell" in line 2. In order to overcome the objection, the following amendment is respectfully suggested: “… and
Claim Objections
12. Claim 1 is objected to because of the following informality: "…or in some combination of series and parallel." In order to overcome the objection, the following amendment is respectfully suggested: “…or in
13. Appropriate correction is required.
Claim Rejections - 35 USC § 112
14. 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.
15. Claims 1, 7 and 9 are 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.
16. The term “ones of” in the phrase “…to ones of the anodes and the cathodes” in claim 1 renders the claim indefinite. It is unclear as to the number of opposite sets of one or more foils which are required to be electrically connected to the anodes and the cathodes; said alternatively, the number of the anodes and the cathodes of the plurality of battery cells which need to be electrically connected to opposite sets of one or more foils is unclear. For the purposes of examination, claim 1 is interpreted as instead reciting “…to
17. The term “flexible” in the phrase “…a flexible outer sheathing” in claim 1 is a relative term which render the claim indefinite. The term “flexible" 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. This therefore renders “outer sheathing” indefinite. It is noted that the broadest reasonable interpretation of the claimed term “flexible”, in view of the Applicant’s specification and for examination on the merits, is any degree of flexibility.
18. Claim 7 recites the limitation "the center.” There is insufficient antecedent basis for this limitation in the claim. It is unclear where “the center” is located, or if “the center” is an element/limitation of the rectangular foils, or in reference to another element or dimension of the battery pack itself. For the purposes of examination, claim 7 is interpreted as instead reciting “…having an opening
19. Claim 9 recites the limitation "the set of battery pack terminals.” There is insufficient antecedent basis for this limitation in the claim. Claim 9 depends from claim 1, where claim 1 recites “at least one set of battery pack terminals.” Therefore, it is unclear if claim 9 is referring to only one set of battery pack terminals or if there can be numerous sets of battery pack terminals. For the purposes of examination, claim 9 is interpreted as instead reciting “the at least one set of battery pack terminals.”
20. Claims 2-9 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent upon claim 1 and therefore include, and do not remedy the indefiniteness issue(s) of claim 1 identified above.
21. Claim 8 is indefinite and rejected under 35 U.S.C. 112(b) as it is directly dependent upon claim 7 and therefore includes, and does not remedy the indefiniteness issue(s) of claim 7 identified above.
22. Appropriate action is required.
Claim Rejections - 35 USC § 103
23. 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.
24. 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.
25. 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.
26. Claims 1-3, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kwag (US 20210167342 A1, hereinafter Kwag) and further in view of Utley et al. (US 20150179990 A1, hereinafter Utley).
27. Regarding claim 1, Kwag teaches a battery pack ([0042]), comprising: a plurality of battery cells ([0042], element 10), each battery cell having an anode and a cathode on opposite faces thereof ([0043]-[0044]); opposite inner insulation layers covering the anodes and the cathodes of the plurality of battery cells (cell holder, [0052], elements 110a and 110b), the inner insulation layers having openings provided to expose the anodes and the cathodes to allow for electrical connection ([0054], element 112); opposite sets of one or more foils electrically connected to ones of the anodes and the cathodes of the plurality of battery cells over the inner insulation layers (FIG. 1 and FIG. 2, elements 121 and 122) so as to connect the plurality of battery cells in series, in parallel, or in some combination of series and parallel ([0045]-[0048]) to produce a collective power ([0068]); at least one set of battery pack terminals electrically and mechanically connected to the opposite sets of one or more foils to receive and convey at least some of the collective power of the plurality of battery cells ([0066], FIG. 2, elements 121 and 122).
28. Kwag remains silent regarding a flexible outer sheathing secured around a plurality of battery cells to rigidify a battery pack.
29. Utley is in the same field of endeavor and teaches a flexible outer sheathing secured around a plurality of battery cells to rigidify a battery pack ([0007], [0031]-[0032]).
30. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag to incorporate the teachings of Utley so that there is a flexible outer sheathing secured around a plurality of battery cells to rigidify a battery pack. Doing so would prevent unwanted moisture and other undesirables from contacting the plurality of battery cells as recognized by Utley (Utley, [0033]).
31. Regarding claim 2, Kwag as modified by the teachings of Utley (hereinafter “Kwag/Utley”) teaches the battery pack of claim 1.
32. Kwag further teaches each of the opposite sets of one or more foils further comprises a tab that serves as a low-current voltage tap (connection member, [0071]-[0072], [0083], [0086], FIG. 2, elements 125a and 125b).
33. Regarding claim 3, Kwag/Utley teaches the battery pack of claim 1.
34. Kwag further teaches opposite outer insulation layers covering the opposite sets of one or more foils (separation member, [0091]-[0092], FIG.6, element 140).
35. Regarding claim 6, Kwag/Utley teaches the battery pack of claim 1.
36. Utley further teaches a flexible outer sheathing comprises shrink wrap ([0007], [0031]-[0032]).
37. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag to incorporate the teachings of Utley so that a flexible outer sheathing comprises shrink wrap. Doing so would prevent unwanted moisture and other undesirables from contacting the plurality of battery cells as recognized by Utley (Utley, [0033]).
38. Regarding claim 9, Kwag/Utley teaches the battery pack of claim 1.
39. Kwag further teaches a set of battery pack terminals comprises rod or post terminals ([0066], FIG.3, elements 121 and 122).
40. Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kwag/Utley as applied to claim 1 above, and further in view of Kim (US 20230266372 A1, hereinafter Kim).
41. Regarding claim 4, Kwag/Utley teaches the battery pack of claim 3.
42. Kwag/Utley remains silent regarding opposite outer insulation layers comprising layers of insulation paper.
43. Kim is in the same field of endeavor and teaches opposite outer insulation layers comprise layers of insulation paper ([0034], element 42).
44. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag/Utley to incorporate teachings of Kim so that opposite outer insulation layers comprise layers of insulation paper. Doing so would protect a plurality of battery cells from external impact as recognized by Kim (Kim, [0034]).
45. Regarding claim 5, Kwag/Utley teaches the battery pack of claim 1.
46. Kwag/Utley remains silent regarding opposite inner insulation layers comprise layers of insulation paper.
47. Kim is in the same field of endeavor and teaches opposite inner insulation layers comprise layers of insulation paper ([0034], element 46).
48. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag/Utley to incorporate teachings of Kim so that opposite inner insulation layers comprise layers of insulation paper. Doing so would serve as a sealant and protect a plurality of battery cells as recognized by Kim (Kim, [0034]).
49. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kwag/Utley as applied to claim 1 above, and further in view of Cho et al. (US 20150162592 A1, hereinafter Cho).
50. Regarding claim 7, Kwag/Utley teaches the battery pack of claim 1.
51. Kwag/Utley remains silent regarding opposite sets of one or more foils comprise rectangular foils, that are open in the center.
52. Cho is in the same field of endeavor and teaches opposite sets of one or more foils comprise rectangular foils, open in the center ([0056]-[0058], FIG. 2, elements 310 and 320).
53. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag/Utley to incorporate teachings of Cho so that opposite sets of one or more foils comprise rectangular foils, open in the center. Doing so would allow for the positioning of stopper structures ([0052], FIG. 3, element 133) which act to prevent unit batteries from being separated as recognized by Cho (Cho, [0052]).
54. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kwag/Utley as modified by the teachings of Cho (hereinafter “Kwag/Utley/Cho”) as applied to claim 7 above, and further in view of Ahn et al. (US 20230216151 A1, hereinafter Ahn).
55. Regarding claim 7, Kwag/Utley/Cho teaches the battery pack of claim 7.
56. Kwag/Utley/Cho remains silent regarding opposite sets of one or more foils comprise bar foils.
57. Ahn is in the same field of endeavor and teaches opposite sets of one or more foils comprise bar foils ([0070], [0072], [0076]), FIG. 2, element M1).
58. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwag/Utley/Cho to incorporate teachings of Ahn so that opposite sets of one or more foils comprise bar foils. Doing so would reduce contact resistance within a battery pack as recognized by Ahn (Ahn, [0070]).
Pertinent Prior Art
59. The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
60. I. Polk et al., US 20110101919 A1; teaches shrink wrap outer sheathing ([0013]).
II. Saiki, US 20080131764 A1; teaches shrink wrap outer sheathing ([0044]).
III. Park et al., US 20100047676 A1; teaches opposite inner insulation layers covering anodes and cathodes of a plurality of battery cells, and the inner insulation layers having openings provided to expose the anodes and the cathodes to allow for electrical connection, and opposite sets of one or more foils electrically connected to ones of the anodes and the cathodes of the plurality of battery cells over the inner insulation layers so as to connect the plurality of battery cells in series and/or in parallel ([0004], [0050]-[0055], FIGs 4-7).
IV. Eberhard et al., US 20120121949 A1; teaches an insulation layer as well as positive and negative electrical terminals at opposite ends ([0022]-[0023]).
Conclusion
61. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
62. 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.
63. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
64. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782