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 without traverse of Group I, Claims 1-16 in the reply filed on 06/01/2026 is acknowledged.
Claim 17 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/01/2026.
Claim Rejections - 35 USC § 112 (b)
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.
Claims 4-8 and 11 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.
Claim 4 recites the limitation "the protruding portion" in line 1. There is insufficient antecedent basis for this limitation in the claim. Nowhere in Claim 1, upon which Claim 4 depends, is there a recitation of “a protruding portion” related to the shielding member or any other feature of the claimed battery. As such, the skilled artisan would not be able to properly determine what is being referred to as “the protruding portion”. The examiner notes that for purposes of examination the broadest reasonable interpretation will be given to the limitation during review of the prior art. Claims 5-8 and 11 are also rejected due to their dependency upon Claim 4.
Claim 11 is 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.
Claim 11 recites the limitation "the case" in line 2. There is insufficient antecedent basis for this limitation in the claim. Nowhere prior to line 2 in Claim 11, nor in Claims 1, 4, or 5 (all of which Claim 11 is dependent upon), is there recitation of a feature referred to as “the case”. The skilled artisan would not be able to readily understand what feature is being referred to as “the case”. The examiner notes that for purposes of examination the broadest reasonable interpretation will be given to the limitation during review of the prior art.
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.
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 1-9, 12-13, and 15-26 are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 2015/0333304 A1).
Regarding Claim 1:
Sekine discloses a battery (assembled battery, 100), characterized by comprising a battery cell group (battery cells, 101, and battery holders, 144) comprising a plurality of battery cells (101) (Figure 2, [0021-0023, 0031]). Sekine further discloses that the battery (assembled battery, 100) further comprises a cooling system (cooling plate, 180) provided on a first face (see annotated Figure 2 below) of the battery cell group (battery cells, 101, and battery holders, 144) and a signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) provided on a second face (see annotated Figure 2 below) of the battery cell group (battery cells, 101, and battery holders, 144), the second face (see annotated Figure 2 below) being adjacent to the first face (see annotated Figure 2 below) (Figure 2, [0024, 0041]). Sekine further discloses that the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) comprises a busbar component (busbars, 191/192) and an insulation layer (cover, 123), the insulation layer (cover, 123) enclosing the busbar component (busbars, 191/192), the insulation layer (cover, 123) having holes (opened face “underside”, see Figure 2), and the busbar component (busbars, 191/192) being configured to be electrically connected to the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) at the holes (opened face “underside”, see Figure 2) (Figure 2, [0041-0042]). Sekine further discloses a shielding member (protrusion portions, 144f) connected to the battery cell group (battery cells, 101, and battery holders, 144) and protruding from an edge of the first face (annotated Figure 2 below), wherein the shielding member (protrusion portions, 144f) abuts and partially covers the first face (annotated Figure 2 below) of the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) (Figures 2, 3, and 5, [0049-0051]).
The examiner notes that the claim limitation requiring that the shielding member is used to prevent condensed liquid generated by the cooling system from reaching the signal transmission assembly is a functional limitation. The above functional limitation does not appear to provide any additional structure to the claimed battery that would distinguish over Sekine since Sekine discloses that the shielding member (protrusion portions, 144f) abuts and partially covers the first face (see annotated Figure 2 below) of the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) (Figure 5, [0050]). As such, the skilled artisan would appreciate that the shielding member (protrusion portions, 144f) of Sekine would indeed be capable of preventing at least some amount of condensation generated by the cooling system (cooling plate, 180) from reaching the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) as the shielding member (protrusion portions, 144f) lies between the cooling system (cooling plate, 180) and the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) (see Figure 2). Thus, the shielding member (protrusion portions, 144f) of Sekine is fully capable of performing the function of preventing condensed liquid generated by the cooling system (cooling plate, 180) from reaching the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) (MPEP 2114). Therefore, all of the limitations of Claim 1 are met.
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Annotated Figure 2 (Sekine US 2015/0333304 A1)
Regarding Claim 2 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. As detailed above in the rejection of Claim 1, the shielding member (protrusion portions, 144f) of Sekine abuts and partially covers the first face (see annotated Figure 2 above) of the battery cell group (battery cells, 101, and battery holders, 144) and the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) is provided (partially) on a second face (see annotated Figure 2 above).
As such, the skilled artisan would appreciate that the orthographic projection of the shielding member (protrusion portions, 144f) in a plane parallel to the first face (see annotated Figure 2 above) would at least partially cover the orthographic projection of the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) in the plane parallel to the first face (see annotated Figure 2 above). The examiner notes that the instant claim does not require that the orthographic projection of the shielding member covers the entirety of the orthographic projection of the signal transmission assembly. Therefore, all of the limitations of Claim 2 are met.
Regarding Claim 3 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses that a protruding portion (see annotated Figure 5 below) of the shielding member (protrusion portions, 144f) that protrudes from the edge of the first face (see annotated Figure 2 above) is parallel to the first face (see annotated Figure 2 above) (see Figures 2 and 5). Therefore, all of the limitations of Claim 3 are met.
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Annotated Figure 5 (Sekine US 2015/0333304 A1)
Regarding Claim 4 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses a protruding portion (see annotated Figure 5 below) of the shielding member (protrusion portions, 144f) that protrudes from the edge of the first face (see annotated Figure 2 above) (see Figures 2 and 5).
Although Sekine does not explicitly disclose that the shielding member (protrusion portions, 144f) is bent toward the second face (see annotated Figure 2 above), from looking at Figure 5 of Sekine, the skilled artisan would appreciate that the shielding member (protrusion portions, 144f) may be considered “bent” as it extends “left-to-right” from the edge of the first face (see annotated Figure 2 above). Furthermore, it has been held that changes in shape of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV). Therefore, all of the limitations of Claim 4 are met.
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Annotated Figure 5 (Sekine US 2015/0333304 A1)
Regarding Claim 5 (Dependent Upon Claim 4):
Sekine discloses the battery of Claim 4 as set forth above. Sekine further discloses that the battery (assembled battery, 100) comprises a plurality of the battery cell groups (battery cells, 101, and battery holders, 144) (see annotated Figure 2 below). Sekine further discloses that the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) disposed opposite to each other are connected to form a recess (see annotated Figure 5 below) with a “lower” surface of the intervening battery cell (101) (Figures 2 and 5, [0050-0051]).
The examiner notes that the claim limitation requiring that the recess is configured to collect the condensed liquid is a functional limitation that does not appear to provide any additional structure to the claimed battery that would distinguish over Sekine since Sekine discloses a recess (see annotated Figure 5 below) is formed between the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) disposed opposite to each other and a “lower” surface of the intervening battery cell (101), thus the recess of Sekine is fully capable of collecting any condensed liquid (MPEP 2114). Therefore, all of the limitations of Claim 5 are met.
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Annotated Figure 2 (Sekine US 2015/0333304 A1)
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Annotated Figure 5 (Sekine US 2015/0333304 A1)
Regarding Claim 6 (Dependent Upon Claim 5):
Sekine discloses the battery of Claim 5 as set forth above. Sekine further discloses that the bottom of the recess (see annotated Figure 5 below) is provided with a drain hole (see annotated Figure 5 below).
The examiner notes that terms such as “top” and “bottom” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the battery relative to one another within the battery. The particular orientation of the battery does not provide any structural limitations to the battery itself.
The examiner further notes that the claim limitation requiring that the drain hole discharges the condensed liquid is a functional limitation that does not appear to provide any additional structure to the claimed battery that would distinguish over Sekine since Sekine discloses a drain hole formed in the bottom of the recess and the skilled artisan would appreciate that any liquid stored in the recess would be able to be drained from the drained hole due to gravity, thus the drain hole of Sekine is fully capable of discharging any condensed liquid (MPEP 2114). Therefore, all of the limitations of Claim 6 are met.
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Annotated Figure 5 (Sekine US 2015/0333304 A1)
Regarding Claim 7 (Dependent Upon Claim 5):
Sekine discloses the battery of Claim 5 as set forth above. As detailed above in the rejection of Claim 5, Sekine discloses that the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) disposed opposite to each other are connected to form a recess (see annotated Figure 5 above) with a “lower” surface of the intervening battery cell (101) (Figures 2 and 5, [0050-0051]). Sekine further discloses that the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) are integral to the battery holders (144) (Figures 2 and 5, [0049]). Sekine further discloses that adjacent battery holders (144) are connected to one another via a connecting strip (fastener portions, 144d, and locking hole portions, 144h) (Figure 3, [0048]).
As such, the skilled artisan would appreciate that the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) disposed opposite to each other are connected by the connecting strip (fastener portions, 144d, and locking hole portions, 144h) via the battery holders (144), to form the recess (see annotated Figure 5 above) (Figure 3, [0048]). Therefore, all of the limitations of Claim 7 are met.
Regarding Claim 8 (Dependent Upon Claim 5):
Sekine discloses the battery of Claim 5 as set forth above. As detailed above in the rejection of Claim 5, Sekine discloses that the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) disposed opposite to each other are connected to form a recess (see annotated Figure 5 above) with a “lower” surface of the intervening battery cell (101) (Figures 2 and 5, [0050-0051]). Sekine further discloses that the protruding portions (see annotated Figure 5 above) of the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) are integral to the battery holders (144) (Figures 2 and 5, [0049]). Sekine further discloses that adjacent battery holders (144) are connected to one another via fastener portions (144d) and locking hole portions (144h) (Figure 3, [0048]).
As such, the skilled artisan would appreciate that the shielding members (protrusion portions, 144f) of the two battery cell groups (battery cells, 101, and battery holders, 144) disposed opposite to each other are integrally formed with the battery holders (144) to form the recess (see annotated Figure 5 above). The examiner notes that the instant claims do not require that the shielding members are integrally formed with one another. Therefore, all of the limitations of Claim 8 are met.
Regarding Claim 9 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses that the shielding member (protrusion portions, 144f) is made of an insulation material (resin) (Figure 5, [0031]). Therefore, all of the limitations of Claim 9 are met.
Regarding Claim 12 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses that the shielding member (protrusion portions, 144f) is fixed between the first face (see annotated Figure 2 above) and the cooling system (cooling plate, 180) (see Figures 2 and 5). Therefore, all of the limitations of Claim 12 are met.
Regarding Claim 13 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses that the shielding member (protrusion portions, 144f) is fixed to the second face (see annotated Figure 2 above) as it is integral to the battery holders (144) and the battery holders (144) are fixed to each side of the battery cells (101) of the battery cell group (battery cells, 101, and battery holders, 144) (Figures 2-3 and 5, [0031, 0033, 0050]). Sekine further discloses that the end of the shielding member (protrusion portions, 144f) that is close to the cooling system (cooling plate, 180) protrudes from the edge of the first face (see annotated Figure 2 above) (Figure 5).
Although Sekine does not explicitly disclose that the shielding member (protrusion portions, 144f) is bent to protrude from the edge of the first face (see annotated Figure 2 above), from looking at Figure 5 of Sekine, the skilled artisan would appreciate that the shielding member (protrusion portions, 144f) may be considered “bent” as it extends “left-to-right” from the edge of the first face (see annotated Figure 2 above). Furthermore, it has been held that changes in shape of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV). Therefore, all of the limitations of Claim 13 are met.
Regarding Claim 15 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses a power consuming apparatus (vehicle) characterized by comprising a battery (assembled battery, 100) according to Claim 1 for supplying electric energy (Figure 1, [0036]). Therefore, all of the limitations of Claim 15 are met.
Regarding Claim 16:
Sekine discloses a battery (assembled battery, 100), characterized by comprising a battery cell group (battery cells, 101, and battery holders, 144) comprising a plurality of battery cells (101) (Figure 2, [0021-0023, 0031]). Sekine further discloses that the battery (assembled battery, 100) further comprises a cooling system (cooling plate, 180) provided on a first face (see annotated Figure 2 below) of the battery cell group (battery cells, 101, and battery holders, 144) and a signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) provided on a second face (see annotated Figure 2 below) of the battery cell group (battery cells, 101, and battery holders, 144), the second face (see annotated Figure 2 below) being adjacent to the first face (see annotated Figure 2 below) (Figure 2, [0024, 0041]). Sekine further discloses that the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) comprises a busbar component (busbars, 191/192) and an insulation layer (cover, 123), the insulation layer (cover, 123) enclosing the busbar component (busbars, 191/192), the insulation layer (cover, 123) having holes (opened face “underside”, see Figure 2), and the busbar component (busbars, 191/192) being configured to be electrically connected to the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) at the holes (opened face “underside”, see Figure 2) (Figure 2, [0041-0042]). Sekine further discloses a shielding member (protrusion portions, 144f) connected to the battery cell group (battery cells, 101, and battery holders, 144) and protruding from an edge of the first face (annotated Figure 2 below), wherein the shielding member (protrusion portions, 144f) abuts and partially covers the first face (annotated Figure 2 below) of the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) (Figures 2, 3, and 5, [0049-0051]).
The examiner notes that the claim limitation requiring that the shielding member is used to prevent condensed liquid generated by the cooling system from reaching the signal transmission assembly is a functional limitation. The above functional limitation does not appear to provide any additional structure to the claimed battery that would distinguish over Sekine since Sekine discloses that the shielding member (protrusion portions, 144f) abuts and partially covers the first face (see annotated Figure 2 below) of the battery cells (101) in the battery cell group (battery cells, 101, and battery holders, 144) (Figure 5, [0050]). As such, the skilled artisan would appreciate that the shielding member (protrusion portions, 144f) of Sekine would indeed be capable of preventing at least some amount of condensation generated by the cooling system (cooling plate, 180) from reaching the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) as the shielding member (protrusion portions, 144f) lies between the cooling system (cooling plate, 180) and the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) (see Figure 2). Thus, the shielding member (protrusion portions, 144f) of Sekine is fully capable of performing the function of preventing condensed liquid generated by the cooling system (cooling plate, 180) from reaching the signal transmission assembly (busbars, 191/192, cover, 123, voltage detection terminals, 161, electric wires, 162, and relay connectors, 163) (MPEP 2114).
Sekine does not explicitly disclose a “method” for manufacturing the battery (assembled battery, 100), as required by instant Claim 16. However, the examiner notes that the claimed method comprises only steps of “providing” the various features of the product battery, and the skilled artisan would appreciate that as each feature of the battery of Claim 16 is taught by Sekine it would necessarily be provided, thus the skilled artisan would appreciate that the steps of the method are indeed met by Sekine. Therefore, all of the limitations of Claim 16 are met.
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Annotated Figure 2 (Sekine US 2015/0333304 A1)
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 2015/0333304 A1), as applied to Claims 1 and 5 above, further in view of Choi et al. (US 2025/0023141 A1).
Regarding Claim 10 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above.
Sekine is deficient in disclosing that a liquid storage groove corresponding to the shielding member is provided in a case of the battery, and the shielding member is used to introduce the condensed liquid into the liquid storage groove.
Choi discloses a battery (battery module, 1) comprising a battery cell group (10) comprising a plurality of battery cells (11) (Figure 1, [0080]). Choi further discloses that the battery (battery module, 1) comprises a case (cooling housing, 20) which includes side plates (20b) and a cooling plate (20a) located on the lower surface of the battery cell group (10) (Figure 1, [0082]). Choi further discloses that the cooling plate (20a) includes a liquid storage groove (recesses, 25) (Figure 4, [0101]). Choi further discloses that the case (cooling housing, 20) serves to cool the battery cell group (10) as well as protect the battery cell group (10) housed therein (Figure 1, [0080, 0084]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the battery of Sekine to implement the case configuration of Choi such that a liquid storage groove is formed in the cooling plate and side plates are joined with the cooling plate to form a case for the battery, as it is known in the art as a suitable housing configuration for a battery, as taught by Choi. By doing so, the skilled artisan would have a reasonable expectation of success in improving the cooling capability of the battery overall as well as securely housing the battery cell group to prevent damage from external forces, as taught by Choi.
Upon the above modification, modified Sekine discloses that a liquid storage groove is formed in the case of the battery (assembled battery, 100). As Sekine shows in Figure 2 that the cooling system (cooling plate, 180) is provided directly under the shielding member (protrusion portions, 144f), it would be appreciated by the skilled artisan that the liquid storage groove is corresponding to the shielding member (protrusion portions, 144f).
The examiner notes that the claim limitation requiring that the shielding member is used to introduce the condensed liquid into the liquid storage groove is a functional limitation that does not appear to provide any additional structure to the claimed battery that would distinguish over modified Sekine since modified Sekine discloses that the shielding member (protrusion portions, 144f) is above the liquid storage groove, thus any condensation formed on the battery cell (101) or shielding member (protrusion portions, 144f) as a result for cooling performed by the cooling system (cooling plate, 180) would necessarily be guided by the shielding member (protrusion portions, 144f) to the liquid storage groove via gravity, thus the shielding member (protrusion portions, 144f) of modified Sekine is fully capable of introducing the condensed liquid into the liquid storage groove (MPEP 2114). Therefore, upon the above modifications, all of the limitations of Claim 10 are met.
Regarding Claim 11 (Dependent Upon Claim 5):
Sekine discloses the battery of Claim 5 as set forth above.
Sekine is deficient in disclosing that an end of the recess is connected to a wall of the case of the battery, and the recess is in communication with a cavity in the wall of the case to introduce the condensed liquid into the cavity.
Choi discloses a battery (battery module, 1) comprising a battery cell group (10) comprising a plurality of battery cells (11) (Figure 1, [0080]). Choi further discloses that the battery (battery module, 1) comprises a case (cooling housing, 20) which includes side plates (20b) and a cooling plate (20a) located on the lower surface of the battery cell group (10) (Figure 1, [0082]). Choi further discloses that the cooling plate (20a) includes a cavity (recesses, 25) (Figure 4, [0101]). Choi further discloses that the case (cooling housing, 20) serves to cool the battery cell group (10) as well as protect the battery cell group (10) housed therein (Figure 1, [0080, 0084]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the battery of Sekine to implement the case configuration of Choi such that a cavity is formed in the cooling plate and side plates are joined with the cooling plate to form a case for the battery, as it is known in the art as a suitable housing configuration for a battery, as taught by Choi. By doing so, the skilled artisan would have a reasonable expectation of success in improving the cooling capability of the battery overall as well as securely housing the battery cell group to prevent damage from external forces, as taught by Choi.
Upon the above modification, modified Sekine discloses that a cavity is formed in a wall of a case of the battery (assembled battery, 100). As Sekine shows in Figure 2 that the cooling system (cooling plate, 180) is provided directly under the recess (see annotated Figure 5 above) of the shielding member (protrusion portions, 144f), it would be appreciated by the skilled artisan that the cavity is in communication with the recess (see annotated Figure 5 above) of the shielding member (protrusion portions, 144f).
The examiner notes that the claim limitation requiring that the recess is in communication with a cavity in the wall of the case to introduce the condensed liquid into the cavity is a functional limitation that does not appear to provide any additional structure to the claimed battery that would distinguish over modified Sekine since modified Sekine discloses that the recess (see annotated Figure 5 above) is above and in communication with the cavity, thus any condensation formed on the battery cell (101) or shielding member (protrusion portions, 144f) as a result for cooling performed by the cooling system (cooling plate, 180) would necessarily be guided by the recess (see annotated Figure 5 above) to the cavity via gravity, thus the recess (see annotated Figure 5 above) of modified Sekine is fully capable of introducing the condensed liquid into the cavity (MPEP 2114). Therefore, upon the above modifications, all of the limitations of Claim 11 are met.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 2015/0333304 A1), as applied to Claim 1 above, further in view of Smith (US 2020/0058971 A1).
Regarding Claim 14 (Dependent Upon Claim 1):
Sekine discloses the battery of Claim 1 as set forth above. Sekine further discloses that the battery cell group (battery cells, 101, and battery holders, 144) comprises N battery cell rows (see annotated Figure 2 below), the N battery cell rows (see annotated Figure 2 below) being arranged in a first direction (see annotated Figure 2 below). Sekine further discloses that the battery cells (101) in each battery cell row (see annotated Figure 2 below) in the N battery cell rows (see annotated Figure 2 below) are arranged in a second direction (see annotated Figure 2 below). Sekine further discloses that the first direction (see annotated Figure 2 below) is perpendicular to the second direction (see annotated Figure 2 below), and N=1 (a positive integer). Sekine further discloses that wherein the first face (see annotated Figure 2 above) is perpendicular to the first direction (see annotated Figure 2 below).
Sekine is deficient in disclosing that the second face is parallel to a plane determined by the first direction and the second direction.
Smith discloses a battery (battery pack, 24) comprising a plurality of battery cells (56), wherein the battery (battery pack, 24) is utilized in a vehicle (12) (Figure 2, [0045]). Smith further discloses that the number of the plurality of battery cells (56) as well as the configuration of the battery (battery pack, 24) is not limited and may be any suitable configuration known in the art (Figure 1, [0045-0048]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the configuration of the N battery cell rows and the battery cells within each battery cell row to be such that the second face is parallel to a plane determined by the first direction and the second direction, as it is known in the art that battery cells within a battery cell group and battery cell groups within a plurality of battery cells groups may be arranged in various configurations without impacting function, as taught by Smith. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). By doing so, all of the limitations of Claim 14 are met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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, Miriam Stagg can be reached at (571)-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.E.F./Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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