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 .
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.
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(s) 1-2, 7-8, 12 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN210015884U – refer to IDS filed 7/28/2023; machine translation attached herein) in view of Wang 2 (CN109587991A - refer to IDS filed 7/28/2023; machine translation attached herein).
Regarding Claim 1, Wang discloses a battery pack (battery box) [pars. 0033,0036; Figs. 1-2,5-8], comprising a battery module 21, a first housing (upper case 11), and a second housing (lower case 12); the first housing and the second housing forming an accommodating space (internal space) for accommodating the battery module [par. 0037]; wherein
the first housing comprises a first edge portion (upper edge mating surface), the first edge portion is provided with a first groove 120, a first resin layer (sealant) is provided in the first groove, and the first resin layer is adhesively fixed to an inner wall of the first groove {Although the Figs. of Wang show the groove 120 is formed in the second housing edge portion, Wang discloses that the groove may be formed in one or the other. Wang further teaches the sealant connects the upper box and lower box mating surfaces to form a reliable connection without external fasteners, and thus, is necessarily adhesively fixed to the inner wall of the first groove [pars. 0037-39]};
the second housing comprises a second edge portion (lower edge mating surface) [pars. 0037-39]; and
the first resin layer is provided between the first housing and the second housing and is connected to the second edge portion [pars. 0037-39].
Wang fails to disclose the first resin layer within the first groove is in a compressed state, with a compression amount of 20% to 30% of a length of the first resin layer in natural state. However, Wang 2, from the same field of endeavor, teaches an energy box housing comprising an first housing (upper box cover 1) and a second housing (lower box 2), the first housing comprises a first edge portion (mounting edge 11) and the lower comprises a second edge portion (fixed edge 22), wherein a resin layer (sealing foamed silicone ring 4) is filled between the space provided between the first edge portion and the second edge portion in a compressed state, with a compression amount between 25%-50% in order to form a waterproof structure [Wang 2 – pars. 0018-23; Figs. 1-2], establishing the compression amount of the resin layer a result-effective variable for controlling sealing performance of the battery pack. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Wang 2 to have modified the battery pack of Wang, wherein the first resin layer within the first groove is in a compressed state, with a compression amount of 20% to 30% of a length of the first resin layer in natural state in order to form a waterproof structure having optimal sealing performance as well as connecting the first housing and the second housing without the use of external fasteners, without undue experimentation and with a reasonable expectation of success [MPEP 214405(II)].
Regarding Claim 2, Wang discloses wherein the first resin layer is in direct contact connection with the second edge portion [pars. 0037-39].
Regarding Claim 7, Wang discloses wherein the first resin layer is formed by providing and fixing a resin in the first groove [pars. 0037-39].
Regarding Claim 8, Wang discloses wherein the second edge portion comprises a second surface connected to the first edge portion, wherein the second surface is a plane structure with a flatness of A, A being less than or equal to 0.3 mm {The protrusion is disclosed as being flat [Fig. 6]}.
Regarding Claim 12, modified Wang fails to explicitly teach wherein a Shore hardness C of the first resin layer is 20° to 35°. However, the instant application describes using silicone gel as the material for first resin layer, and further describes that when the first resin layer has the hardness, as claimed, its compression performance and their ability to recover the original shape after deformation are able to effectively inhibit impurities from entering the battery pack satisfying the IPX7 waterproof rating test [PgPublication – pars. 0118]. Since Wang 2 teaches using foamed silicon as the sealant material which, upon compression, fills the spaces of the gap to form the waterproof structure, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Wang 2 to have further modified the battery pack of Wang, wherein the first resin layer is formed of foamed silicone in having a Shore hardness C of 20o to 35o in order to, upon compression, fill the spaces of the gap to form the waterproof structure, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claims 15-18, the instant specification fails to explicitly teach the significant effect of the claimed ranges of the compression amount. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Wang 2 to have modified the battery pack of Wang, wherein the first resin layer within the first groove is in a compressed state, with a compression amount of 20% to 21.4%, 21.4% to 25%, 25% to 27%, or 27% to 30%, of a length of the first resin layer in natural state in order to form a waterproof structure having optimal sealing performance as well as connecting the first housing and the second housing without the use of external fasteners, without undue experimentation and with a reasonable expectation of success [MPEP 214405(II)].
Regarding Claim 19, Wang discloses an electric apparatus (vehicle or other machinery), comprising a body and a battery pack accommodated within the body, wherein the battery pack is the battery pack according to claim 1 [pars. 0056-57].
Regarding Claim 20, modified Wang discloses method for assembling the battery pack according to claim 1, the method comprising the following steps:
injecting (filling) a resin into the first groove of the first housing;
processing the resin at the first groove to form the first resin layer (although Wang doesn’t describe this in detail, the sealant must be dried after filling in groove in order for it to connect the upper and lower boxes without use of external fasteners);
fixing the battery module in the second housing;
fixing the first housing provided with the first resin layer to the second housing, wherein the first resin layer is located between the first housing and the second housing; and
compressing the first resin layer through the first housing and the second housing, the compression amount of the first resin layer being 20% to 30% of the length of the first resin layer in natural state {Examiner notes that the scope of the claimed method steps is not necessarily in sequential order under BRI}.
Claim(s) 3-6, 9-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Wang 2, as applied to claim 1 above, and further in view of Jaramillo (US4225970A).
Regarding Claims 3-5, modified Wang fails to teach: wherein the first edge portion is provided with a second groove in communication with the first groove, the first resin layer is provided in the second groove, and the first resin layer is connected to an inner wall of the second groove; wherein the first resin layer is in direct contact with the inner wall of the second groove; and wherein the first groove is closer to the battery module than the second groove. However, Jaramillo, from the similar problem solving area of providing a waterproof seal joining two housing halves, teaches a housing comprising a first housing (top cover 10) and a second housing (back cover 12) forming an accommodating space for radio components (e.g., microphone 30; other components not shown), the first housing comprises a first edge portion, the first edge portion is provided with a first groove, a first resin layer (gasket 11) is provided in the first groove; the second housing comprises a second edge portion; the first resin layer is provided between the first housing and the second housing and is connected to the second edge portion; wherein the first edge portion is provided with a second groove in communication with the first groove, the first resin layer is provided in the second groove, and the first resin layer is connected to an inner wall of the second groove [Fig. 1 and annotated Fig. 3]. Jaramilo teaches that the configuration allows mating of the first and second housings in a manner that the resin layer is compressed to be in intimate contact between the sides of the resin layer and the walls of the first and second grooves with room for lateral expansion under compression [Jaramillo – C2L6-11,L48-68, C3L1-L12]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Jaramillo to have further modified the battery pack of Wang, wherein the first edge portion is provided with a second groove in communication with the first groove, the first resin layer is provided in the second groove, and the first resin layer is connected to an inner wall of the second groove wherein the first edge portion is provided with a second groove in communication with the first groove, the first resin layer is provided in the second groove, and the first resin layer is connected to an inner wall of the second groove, wherein the first resin layer is in direct contact with the inner wall of the second groove, and wherein the first groove is closer to the battery module than the second groove in order to form a configuration which allows mating of the first and second housings in a manner that the resin layer is compressed to be in intimate contact between the sides of the resin layer and the walls of the first and second grooves with room for lateral expansion under compression.
Regarding Claim 6, modified Wang further teaches wherein the first edge portion is provided with a first protrusion (projection 42), the second groove is closer to the battery module than the first protrusion, a first recess in communication with the second groove is provided between the first edge portion and the second edge portion, and the first protrusion is located at the first recess, wherein the protrusion provides additional protection thus adding an extra element of weather resistance [Jaramillo – C3L1-L12; annotated Fig. 3].
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Regarding Claims 9-11, modified Wang teaches wherein the battery module comprises a plurality of stacked battery cells (battery module), and the plurality of battery cells are stacked is a second direction; along a first direction, a thickness of the second edge portion is T; the first edge portion and the second edge portion are in fit connection along the second direction; a height of the second groove is H1, a width of the second groove is W1, and the second direction is perpendicular to the first direction. Wang necessarily teaches that the height of the second groove along the second direction is less than the thickness of the second edge portion in the first direction, but fails to teach wherein H1 ranges from 0.2 T to 0.25 T, W1 ranges from 0.2 T to 0.25 T, and wherein the thickness T of the second edge portion ranges from 2.5 mm to 3 mm. However, thickness of the second housing is arbitrary and dependent on the battery pack size based on application (e.g., vehicle or portable device such as tool or laptop). Therefore, before the effective filing date of the claimed invention, it would have been obvious to further modify the battery pack of Wang wherein the thickness T of the second edge portion ranges from 2.5 mm to 3 mm as a mere design choice dependent on the battery pack size based on application. Further, absent persuasive evidence that the claimed height to thickness ratio or width to thickness ratio provide a significant benefit, before the effective filing date of the claimed invention, it would have been obvious to further modify the battery pack of Wang such that H1 ranges from 0.2 T to 0.25 T and W1 ranges from 0.2 T to 0.25 T as design choices in order to form a secure connection between the first and second housing without the need of external fasteners and with improved watertight sealing performance with a reasonable expectation of success.
Regarding Claims 13-14, modified Wang teaches wherein the first housing comprises a first region connected to the first edge portion, wherein the first region is provided in the second housing;
and a second recess is provided between the first region and the second housing, the first groove being in communication with the second recess, wherein the first resin layer is provided in the second recess [Jaramillo – annotated Fig. 3].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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