DETAILED ACTION
Reissue
The present reissue application is directed to US 11,264,670 B2 (“670 Patent”). 670 Patent issued on March 1, 2022 with claims 1-8 from application 16/348,754, which is a 371 of PCT/KR2018/001836, and claims priority to KR 10-2018-0011460 filed on January 30, 2018, and KR-2017-0045394 filed on April 7, 2017.
This application was filed on September 27, 2023. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
This application presents broadened claims, which are permitted because Applicant filed these claims and demonstrated an intent to broaden within two years of the issue date of 670 Patent.
The most recent amendment was filed on September 27, 2023. The status of the claims is:
Claim 1: Amended
Claims 2-8: Original
This is a first, non-final action.
References and Documents Cited in this Action
670 Patent (US 11,264,670 B2)
Ueda (WO 2016/0129473 A1)
Summary of Rejections and Objections in this Action
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claims 1-8 may contain allowable subject matter.
Summary of the Claims
670 Patent is directed to a battery pack including a plurality of interconnected unit battery modules. Claim 1, the only independent claim, is representative:
1. A battery pack, comprising:
a plurality of unit battery modules, each unit battery module having a plurality of battery cells accommodated in an inner space thereof, the plurality of unit battery modules being structurally connected successively in a horizontal direction; and
a pack case configured to cover the plurality of unit battery modules,
wherein each unit battery module has two side plates forming opposite side surfaces thereof, and
wherein one of the side plates of any one of the unit battery modules and one of the side plates of another one of the unit battery modules adjacent thereto are engaged with each other to form a single common wall, the two side plates of each unit battery module include a right side plate forming a right surface of the respective unit battery module and a left side plate forming a left surface of the respective unit battery module, the right side plate and the left side plate of each unit battery module being symmetrical with one another,
wherein the right side plate and the left side plate of each unit battery module each have longitudinal sections, the right side plate being inverted relative to the left side plate, and wherein a plurality of the right and left side plates each have at least a respective portion which is shorter than a height of the respective unit battery module so that a side step is formed between an upper or lower end surface of the unit battery module and a horizontal surface of the portion which is shorter than the height of the respective unit battery module, and
wherein the unit battery modules include a plurality of horizontal plates, which extend to cover at least portions of the side steps, and the horizontal plates each have a step portion formed therein, the step portions configured to align with and extend over the respective horizontal surfaces of the side steps.
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 1-8 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 1 is indefinite because the claim uses the same words, “step” and “portion,” to describe multiple distinct elements. Claims 2-8 depend on claim 1 and are indefinite for the same reason. As best understood by Examiner, the last lines of claim 1 correspond to elements in 670 Patent as follows, but the confusing terminology results in several unclear areas in the claim.
Last section of claim 1
670 Patent
…wherein a plurality of the right and left side plates each have at least a respective portion which is shorter than a height of the respective unit battery module
Respective portions of the right and left side plates are engagement portion 122a or 121a respectively as shown in Figure 3.
so that a side step is formed between an upper or lower end surface of the unit battery module and a horizontal surface of the portion which is shorter than the height of the respective unit battery module, and
A side step is not explicitly numbered in Figure 3, but Figure 3 shows a step formed between an uppermost edge of the unit battery module and a horizontal surface of engagement portion 122a (and likewise a step between a lowermost edge of the unit battery module and a horizontal surface of engagement portion 121a). However, the overhanging area (called a “stepped end” in 670 Patent) opposite of a side step is not itself another side step as recited because it is not formed from a horizontal surface of the engagement portion. See annotated Figure 3 below.
wherein the unit battery modules include a plurality of horizontal plates, which extend to cover at least portions of the side steps, and
Horizontal plates are upper plate 130 or lower plate 140. However, it is unclear if or how the horizontal plates other than step portions 132 or 142 extend to cover portions of the side steps, because again, there is only one “side step” per upper/lower plate (or only one side step per left/right engagement portion). In other words, it is unclear if this part of the claim attempts to claim the horizonal plate extending over the overhanging “stepped end” area, because the overhanging area is not a side step as recited above. See annotated Figure 3 below. However, when two unit battery modules are engaged with each other, the horizontal plate of one module would extend over the side step of the other module such as shown in 670 Patent, Figure 5. It is also unclear if this arrangement is being claimed by this phrase.
the horizontal plates each have a step portion formed therein,
Step portions are step portions 132 or 142. Step portions 132 or 142 are part of the horizontal plates 130 or 140, respectively, and are distinct from “side steps” or “portions of the side steps.”
the step portions configured to align with and extend over the respective horizontal surfaces of the side steps.
There is no antecedent basis for “the respective horizontal surfaces of the side steps.” The claim previously recites a horizontal surface of the respective portion of the right and left side plates, which is not the same thing.
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To summarize, claims 1-8 are indefinite because the repetition of the words “step” and “portion” with only minor variations to recite apparently different elements leads to various interpretations and confusion about how the elements are distinct. It is unclear if or how the overhanging stepped areas are recited in the claims and if or how the horizontal plates extend to cover the overhanging stepped areas because of the way “side step” appears to be recited in the claims. Furthermore, there is no antecedent basis for “the respective horizontal surfaces of the side steps” in the last line of claim 1.
Allowable Subject Matter
Claims 1-8 may be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Ueda generally discloses, among other things, a battery pack comprising a plurality of unit battery modules 1A and 1B, each unit battery module having a plurality of battery cells 10 accommodated in an inner space thereof, the plurality of unit battery modules being structurally connected successively in a horizontal direction (Figures 3-5). Ueda further discloses each unit battery module has two side plates 30c and 30d forming opposite side surfaces thereof, and
wherein one of the side plates of any one of the unit battery modules and one of the side plates of another one of the unit battery modules adjacent thereto are engaged with each other to form a single common wall, the two side plates of each unit battery module include a right side plate forming a right surface of the respective unit battery module and a left side plate forming a left surface of the respective unit battery module, the right side plate and the left side plate of each unit battery module being symmetrical with one another (Figures 3-5),
wherein the right side plate and the left side plate of each unit battery module each have longitudinal sections, the right side plate being inverted relative to the left side plate, and wherein a plurality of the right and left side plates 30c and 30d each have at least a respective portion 31 and 32 which is shorter than a height of the respective unit battery module so that a side step is formed between an upper or lower end surface of the unit battery module and a horizontal surface of the portion which is shorter than the height of the respective unit battery module (see annotated Figure 3 below).
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However, the prior art does not specifically disclose or fairly teach a battery pack including the combination of all of the elements, steps, and limitations recited in claims 1-8 (as well as the claims may be understood with respect to 35 U.S.C. 112(b) and including all limitations of any respective parent claims), particularly wherein:
the unit battery modules include a plurality of horizontal plates, wherein at least one horizontal plate of one unit battery module extends to cover at least a portion of the side step of another unit battery module, and the horizontal plates each have a step portion formed therein, the step portions configured to align with and extend over respective horizontal surfaces of the side step.
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
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Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Timothy Speer at (313) 446-4825; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/T.M.S/Supervisory Patent Examiner, Art Unit 3991