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 statements (IDS) submitted on 27 September 2023 and 30 December 2025 were considered by the examiner.
Claim Rejections - 35 USC § 112
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 6-7 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.
Claims 6-7 recite a projection of a screw “type” or nail “type”. The scope of this limitation and its metes and bounds cannot be deciphered because it is unclear what falls under the term “type”. No implicit or explicit definition is set forth in the specification. It is suggested that applicant remove the term “type” from the claims to overcome this rejection.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 6641764 (Ishiguro et al., hereinafter, “Ishiguro”).
Regarding claims 1-3, Ishiguro is directed to a battery pack including a battery module with a plurality of battery cells (¶ 0015). The battery cells are a storage battery such as a nonaqueous electrolyte secondary battery such as a lithium-ion secondary battery (¶ 0016). A housing accommodates the battery module (¶ 0017). A heat dissipation portion is thermally connected to the housing (¶ 0022). The heat dissipation portion is made of a metal material having a high thermal conductivity (¶ 0022). The heat dissipation portion is provided with a through hole used to fasten the heat dissipation portion with the housing with a fastening member (¶ 0025). The fastening member includes, for example, a bolt and a nut (¶ 0021).
Regarding claim 4, Ishiguro sets forth a through hole in the heat dissipation portion, but does not specify the center (¶ 0025). However, the location for the hole portion in claim 4 is recited as “provided at the center or a vicinity of the center of the radiator plate in a top view”. This description is broad and will be interpreted as anywhere on the radiator plate. As such, the heat dissipation portion with through hole anticipates the hole portion provided at a center or a vicinity of the center of the radiator plate in top view.
Regarding claims 5-7, Ishiguro discloses a fastening member provided in the through hole of the heat dissipation portion (¶ 0025). This fastening member is exemplified as a bolt and a nut, and is not explicitly stated to be a projection of a screw or nail type and formed of a metal material, nor is it mentioned to be configured to cause a short circuit between the positive and negative electrodes of the secondary battery (¶ 0021). However, screws and nails can also be used to fasten two or more different parts together, and are well known in the art to be commonly made of conductive metal materials such as steel or aluminum. Further, screwing in or striking these fastening members past their intended depth could cause them to penetrate the positive and negative electrodes of the secondary battery, resulting in a short circuit.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over JP 6641764 (Ishiguro) in view of U.S. Patent Application Publication Number 2019/0075724 (Becke et al., hereinafter, “Becke”).
As set forth above in regards to independent claim 1, Ishiguro is directed to a battery storage module, however Ishiguro does not mention an electronic device comprising the battery module and a display portion.
In the same field of endeavor of batteries for use in vehicles, Becke is directed to a lawn mower with a user interface with a display screen and a rechargeable battery module (¶ 0153).
It would have been obvious to one of ordinary skill in the art to have utilized the battery module of Ishiguro with the lawn mower of Becke. One of ordinary skill in the art would have been motivated to make this modification in order to improve the heat dissipation of the lawn mower’s battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL FANG whose telephone number is (571)272-8815. The examiner can normally be reached Mon-Fri. 7:30am-5:00pm.
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/M.F./Examiner, Art Unit 1784
/HUMERA N. SHEIKH/Supervisory Patent Examiner, Art Unit 1784