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 .
Summary
This is the initial Office Action based on Application 18/346,763 filed 07/03/2023 by Haihua Huang and Wenchao Luo.
Claims 1-19 are currently pending and have been fully considered.
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.
Claim(s) 1-3, and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAAG (US 2018/0294450 A1) in view YAMACHI (WO 2017/073416 A1).
With respect to claim 1. HAAG teaches a traction battery 14 which includes an enclosure 60 can enclosure the battery and other structures (paragraph 0041). The enclosure 60 includes a first housing 64, which is taken to be the claimed first box with an open end, and a cover 72 which is taken to be the claimed second box which covers the open end (paragraph 0042 and Figure 4). Seal structures 118 can be positioned between the lips 100, 108, and 116 (paragraph 0052). The seal structures can inhibit movement of contaminants (paragraph 0052). As seen in Figure 4 the sealing portion 118 the seal structure includes a first and second seal structure, the first sealing piece abuts against the open end of the second box 72, and another sealing portion 118 abuts the open end of the first housing 64.
HAAG teaches the seal portion which inhibits the movement of contaminants (paragraph 0052) but does not explicitly teach that the seal portion forms a hermetic connection.
YAMACHI teaches an energy storage device 1 that includes a housing 10 with an upper case and a lower case and a plurality of modules housed within (paragraph 0010). There is a flange formed on the ends of the lower case (paragraph 0018). The lower flange 30 of the lower case 3 and upper case 2 and are fastened together (paragraph 0024). A sealing member 60 having a rectangular ring shape is disposed in a recess of a step portion inside the housing (paragraph 0025). The seal member 60 is provided to ensure airtightness of the housing 10 (paragraph 0025).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the sealing structure of HAAG with the sealing member of YAMACHI, as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
With respect to claim 2. HAAG teaches the enclosure 60 includes a first housing 64, a second housing 68, and a cover 72 (paragraph 0042). The second housing 68 then is taken to be the claimed bracket, and is disposed between the open end and the second box (see Figure 4). The sealing structures 118 are then formed between the open end and the bracket, and between the bracket and the second box (Figure 4).
With respect to claim 3. HAAG teaches a second housing 68 which is taken to be the claimed bracket. As seen in Figure 4 the second housing 68 includes an extension portion which extends from a body into the first box, the first housing 64 (see Figure 4). Then the sealing structures 118 are next to the extension portion, and are taken to abut it (see Figure 4).
With respect to claim 12. HAAG teaches the second housing 68, being the bracket, has a top surface, which is taken to be the claimed accommodating portion, and accommodates the second sealing piece (See Figure 4).
With respect to claim 13. HAAG teaches that the first housing 64, the second housing 68, and the cover 72 are secured together with an attachment 84 (paragraph 0048).
With respect to claim 14. HAAG teaches the attachment 84 is located outward from at least a portion of the outer periphery of the first sealing piece (see Figure 4).
With respect to claim 15. HAAG teaches the battery includes a plurality of battery arrays (paragraph 0033). Each of the arrays include a plurality of battery cells 136 (paragraph 0058).
With respect to claim 16. HAAG teaches the batteries are used for electric vehicles (paragraph 0033).
With respect to claims 17-18. The rejection of claim 1 from above is repeated here. HAAG as noted above teaches the support assembly (paragraph 0005) and the traction battery. HAAG does not explicitly teach a providing apparatus. However, the provided apparatus may be achieved by hand, and is therefore taken to be obvious at the time the invention was filed.
Claim(s) 4-11, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAAG (US 2018/0294450 A1) in view YAMACHI (WO 2017/073416 A1) as applied to claim 3 above, and further in view of USHIJIMA (US 2012/0244422 A1).
Claim 4 is dependent upon claim 3 which is rejected above under 35 U.S.C. 103 in view of HAAG and YAMACHI, and claim 5 is dependent upon claim 4. HAAG teaches the first sealing piece is formed between the open end of the housing 64 and the second housing 68 (Figure 4). However, HAAG does not explicitly teach a second sealing portion as a seal between an inner side of the first box, 64 and the extension portion.
USHIJIMA teaches a battery case with a fixing joint (abstract). The battery case 100 includes a case body 1 and a cap body 2 covering the opening of the case body (paragraph 0026). A gasket 7 is provided between the side wall and the opposing wall (paragraph 0034). The gasket is provided to be sandwiched between the cap body and the case body (paragraph 0034). Upon attachment of the cap body to the case body, the gasket deforms by being pressed between a portion between the side wall and the opposing side wall of the cap body and the upper end of the battery case body (paragraph 0034). Such a structure seals the case body and the battery body, and suppresses the leakage of electrolyte (paragraph 0043).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the sealing member 118 of HAAG with the deformable gasket of USHIMIMA as this is a simple substitution of one known prior art element for another in order to achieve predictable results, as both HAAG and USHIJIMA teaches such a deformable gasket is beneficial to create a good seal for the battery housing elements.
With respect to claim 6. USHIJIMA teaches the gasket 7, but does not teach that the first and second sealing portion are provided separately. However, having the gasket provide in two parts is taken to be a duplication of parts See MPEP 2144.04(VI)B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
With respect to claim 7. USHIJIMA teaches the cap body 2 includes a sidewall (paragraph 0033). The gasket 7 is provided between the sidewall and the opposing wall (paragraph 0034). Therefore the gasket of USHIJIMA is taken to fit around the extension portion of HAAG.
With respect to claims 8. HAAG teaches the sealing structures 118 extend beyond the extension portion of the second housing 68 (see Figure 4).
With respect to claim 9. HAAG does not explicitly teach that the sealing portion is flush with an end of the extension portion. However, extending the sealing structures 118 to be flush with the extension portion of the housing 68 is taken to be a mere change in size and shape and would have been obvious at the time the invention was filed. See MPEP 2144.04(IV)A. “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), 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.”
With respect to claim 10. HAAG teaches an accommodating portion for the sealing structures 118, and the sealing structure is connected to the body of the housing 68 (see Figure 4).
With respect to claim 11. HAAG teaches the width of the first and second sealing portions, being the seal structures 118 are equal (see Figure 4).
Claim 19 is dependent upon claim 18 which is rejected above under 35 U.S.C. 103 in view of HAAG and YAMACHI. HAAG does not explicitly teach the first sealing piece is sealed by a glue coating or the second sealing piece is a gasket.
The discussion of USHIJIMA from above is repeated here. USHIJIMA teaches the battery case 100 includes a case body 1 and a cap body 2 covering the opening of the case body (paragraph 0026). A gasket 7 is provided between the side wall and the opposing wall (paragraph 0034). The gasket is provided to be sandwiched between the cap body and the case body (paragraph 0034). Upon attachment of the cap body to the case body, the gasket deforms by being pressed between a portion between the side wall and the opposing side wall of the cap body and the upper end of the battery case body (paragraph 0034). Such a structure seals the case body and the battery body, and suppresses the leakage of electrolyte (paragraph 0043).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the second sealing piece of HAAG with the gasket of USHIJIMA, as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722