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 .
Response to Amendment
This Office action addresses claims 1-20. Claim 1, although amended remains rejected under 35 U.S.C. 103. Claims 2-18 are dependent claims from claim 1 and are rejected for the same reasons. Claims 19 and 20 were newly introduced and are newly rejected under 35 USC 103. Accordingly, this action is made final.
Response to Arguments
Applicant's arguments filed 07/02/2026 have been fully considered but they are not persuasive. Amended claim 1 recites “at least two of the first fixing members extend along the stacking direction and are distributed in sequence in the stacking direction”. Zhang discloses 4 fixing members to fasten (M=9) modules (see Zhang Fig. 2 below). Each fixing member extends over 4 modules (N=4). The at least two fixing members on left are arranged in sequence, which satisfies the claimed limitations of claim 1.
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Figure 1: Zhang figure 2
Specification
With regard to the objections for informalities 1. a-f, the examiner would like to explain that the informalities were caused by a software/displaying issue and are withdrawn.
Claim Rejections - 35 USC § 112
With regard to the rejection of claims 2, 3, 4, 10, 13, 15, 16, and 17 under 35 U.S.C. 112(b), the applicant has amended the claims and the rejections are withdrawn.
With regard to the rejection of claim 7, under 35 U.S.C. 112(b), the applicant has amended the claims and the rejections are withdrawn.
With regard to the rejection of claim 9, under 35 U.S.C. 112(b), the applicant has amended the claims and the rejections are withdrawn.
With regard to the rejection of claims 11 and 14 under 35 U.S.C. 112(b), the rejections are withdrawn.
Claim Rejections - 35 USC § 103
4. 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.
Claim(s) 1-10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20210218103 A1; hereinafter Zhang) in view of Pan et al. (EP 3958372 A1; hereinafter Pan).
Regarding claim 1, Zhang teaches a battery fixing structure (energy storage apparatus, Abstract) applicable to a household energy storage system (energy storage apparatus, Abstract), comprising: a plurality of modules (battery cells, abstract) and at least one first fixing member; wherein the plurality of modules are stacked in at least one stacking direction (N stacked battery cells and fastening member, Abstract); the first fixing member stretches across M modules of the plurality of modules, and only two ends of the first fixing member are fixed to two of the plurality of modules, respectively (Zhang, Figures 1 and 2); wherein N is a positive integer greater than or equal to 3, and M is a positive integer less than or equal to (N-2) (Zhang, Figures 1(N=9, M=3) and 2(N=9, M=4)). Zhang teaches the fixing elements are used to connect battery cells but does not disclose that the fixing elements are used to connect modules. Pan, however in the same field of endeavor namely energy storage units, teaches an energy storage cabinet that is built of battery assemblies (Pan, Figures 6, 7, 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the fixing structures per the teachings of Zhang, to battery modules as disclosed by Pan and the motivation to do so would have been to improve a similar device with a known technique.
Regarding claim 2, Zhang discloses the module fixing structure according to claim 1 and further discloses that the number of the first fixing member is at least two; and the at least two first fixing members stretch across a same number of modules (as shown for example in Zhang figure 2); or, the at least two first fixing members stretch across different numbers of modules.
Regarding claim 3, Zhang discloses the module fixing structure according to claim 1 and further discloses that the stacking direction in which the N modules are stacked is at least one of a vertical direction or a horizontal direction (see vertical stacking for example in Zhang figure 2).
Regarding claim 4, Zhang discloses the module fixing structure according to claim 3 and further discloses that each of the plurality of modules is of a rectangular cuboid shape (see for example figure 2), a long side extension direction of the module on a horizontal plane is defined as a length direction of the module, a short side extension direction of the module on the horizontal plane is defined as a width direction of the module, the vertical direction is a height direction of the modules, and the horizontal direction is at least one of a length direction and/or a width direction of the modules.
Regarding Claims 5 and 6, Zhang teaches that adjacent modules of the plurality of modules fit with each other by positioning in the stacking direction. (...a positioning portion and a positioning groove are respectively provided on both sides of the battery cell in the stacking direction…. (Zhang, [0025]))
Regarding Claim 7, the number of the at least one positioning member is two or more, and the number of the at least one positioning groove is two or more; (Zhang, [0025]) wherein at least one of the two or more positioning members is a first positioning member, at least one of the two or more positioning grooves is a first positioning groove, and the first positioning member and the first positioning groove fit with each other by positioning; and wherein a fit accuracy between the first positioning member and the first positioning groove is less than that between the second positioning member and the second positioning groove. (Zhang teaches positioning via at least one positioning groove ([0025, see claim 5]) and Pan Figure 9 shows multiple different fixing methods. Figure 9 includes handles and mentions the possibility of using handles with different structures [0062]).
Regarding Claim 8, Zhang teaches a module fixing structure in vertical direction but fails to disclose that the first positioning member is a handle arranged at the top of the other of the two adjacent modules with a handle groove that is arranged at the bottom of the one of the two adjacent modules. Zhang fails to explicitly teach a fixing rod but teaches an extension rod that can be adjusted and fixed (Zhang, [0011]) and that in some embodiments of the invention a guide hole and a guide portion which is slidably disposed in the guide portion are used as fixing members. (Zhang, [0025]). Zhang fails to disclose any handles. Pan teaches a vertically stacked module fixing structure that includes a handle that serves as a positioning member handle grooves.
Regarding claim 9, Zhang discloses several detachable fastening mechanisms. For example, in Figure 7 Zhang discloses a jack (element 102) and a fastening member provided with a plug pin (element 201b) and a drive member (element 203) [0070].
Regarding Claim 10, Zhang discloses a module fixing structure. The structure is provided with a first mounting notch, the first mounting notch and the first fixing member fit with each other by positioning and/or the first fixing member and the modules at which the first fixing member is located, are flush with each other; and the first fixing member is fixed at the first mounting notch (Figure 23, Notch: 105, fixing member 20h).
Regarding Claim 18, Zhang teaches an energy storage apparatus.
Claim(s) 11, 12, 13, 14 are rejected under 35 U.S.C. 103 as obvious over Zhang et al. (US 20210218103 A1; hereinafter Zhang) in view of Pan (EP 3958372 A1; hereinafter Pan), further in view of Bao et al. (CN113517512A; hereinafter Bao).
Regarding Claims 11, 12, 13 and 14 Zhang teaches the module fixing structure including modules that are flush with each other (Fig. 23) but fails to teach a flange that has a flange notch with a fixing member that contains a fixing plate and a first protruding notch; and the first fixing member comprises a first fixing plate and a first protruding portion provided on the first fixing plate. Bao teaches a first and second flange (first and second mounting brackets, (Abstract)) like the ones described in Figures 8 and 9 of the current invention including a fixing plate and a protrusion (multiple protrusions, (Abstract)). Bao in the related field of endeavor, namely mounting brackets for battery modules teaches a similar structure to the fixing member [Figures 1 and 2]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention apply the fixing structures (brackets) as disclosed by Bao to the module taught by Zhang and the motivation to do so would have been to apply, he known technique disclosed by Bao to a similar device, the module taught by Zhang.
Claim 15-17, 19 is rejected under 35 U.S.C. 103 as obvious over Zhang et al. (US 20210218103 A1; hereinafter Zhang) in view of Pan (EP 3958372 A1; hereinafter Pan).
Regarding claims 15, 16, 17, modified Zhang discloses the module fixing structure according to claims 1,2,3, and discloses that at least two of the modules are functional modules and at least one of the modules is a structural module; or, at least one of the modules is a functional module and at least two of the modules are structural modules; or, each of the modules is a functional module; and wherein the functional module is an energy storage module (battery assembly (elements 2), Pan figure 6), a power control module, an inverter module, a photovoltaic power generation module or a heat dissipation module, and the structural module is a base or a top cover (Pan figure 6: base (element 1), and top cover (element 4)).
Regarding claim 19, Zhang discloses a fixing structure that fulfills the claimed limitations of in figure 23. Figure 23 shows a mounting notch (105) and a fixing member (20h) that fit by positing the fixing element into the mounting notch. The fixing notch is fixed at the mounting notch and the module and fixing members is shaped in the form of the notch so that the fixing element and the module are flush with each other (see Zhang figure 23).
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Figure 2: Zhang figure 23
Claim 20 is rejected under 35 U.S.C. 103 as obvious over Zhang et al. (US 20210218103 A1; hereinafter Zhang) in view of Pan (EP 3958372 A1; hereinafter Pan), further in view of Bao et al. (CN113517512A; hereinafter Bao) as applied to claim 12 and further in view of Ma (CN 219067019 U; hereinafter Ma, a machine translation is being used for citations).
Regarding claim 20, Zhang in combination with Pan and Gao discloses the module fixing structure according to claim 12, wherein each of the two adjacent modules of the plurality of the modules is provided with a second mounting notch (Zhang figure 23 discloses 4 mounting notches), the second mounting notch and the second fixing member fit with each other by positioning (see Zhang figure 3). Zhang teaches that the modules to which the second fixing member is connected are flush with each other (see figure 23); and the second fixing member is fixed at the second mounting notch (see figure 23). Zhang does not disclose that the second fixing member installed in a notch and that connects two adjacent modules. Ma discloses a fixing member that connects two adjacent battery modules (Ma, element 233, figure 4). Ma and Zhang are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely fixing structures for energy storage systems.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to use the fixing element as disclosed by Zhang to fix two adjacent battery modules as disclosed Ma as doing so would amount to nothing more than to use a known method or for its intended use in a known environment to accomplish an entirely predictable result.
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Figure 3: Ma figure 4
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA LEE HANYON whose telephone number is (571)272-8881. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at (571) 270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.H./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/
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