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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “dragging mechanism” in claim 6. Mechanism is a nonce word and dragging is the recited function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In this case, the means that causes dragging is disclosed as a slot and rod that drags implicitly via friction.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 8 and 9 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 8 and 9 recite “the vehicle” however no vehicle was previously positively recited. As such, it is unclear if the claim is intended to be directed at an entire vehicle or only the battery pack.
In addition, claim 9 recites “wherein the vehicle is a new energy vehicle, and comprises an electric vehicle (EV), a battery electric vehicle (BEV), and a hybrid electric vehicle (HEV).” However, the claims must be read in light of the specification, which in this case does not include the combination of three vehicles in one arrangement. As such, assuming the vehicle is a positively claimed limitation, it is unclear if this would be intended to encompass one of those three options or must include all three as recited, which is inconsistent with the specification. This appears to be a grammatic error and should read “or” as the transition between choices or “wherein the vehicle is one of” as the beginning of those choices.
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.
Claim(s) 1, 6, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 7,989,104; hereinafter “Jeon”) in view of Froelich (US 11,104,231).
Claim 1
Jeon discloses a power freely-configurable plug-in battery pack, comprising (see FIGS. 2, 3, 7, 8, 12, 14, or 15):
an installation box (42), wherein a plurality of cell channels (41 or any portion of 41, i.e., upper or lower portion of 41) are provided in the installation box (42);
a cell module (50, 50’), wherein the cell module is pluggably installed in one of the plurality of cell channels (41).
While Jeon discloses terminals related to the background art, Jeon does not disclose how the battery cells connect to one another or to the motor. As such, Jeon does not disclose a cell quick-replacement connector is provided between the cell module and one of the plurality of cell channels. Jeon also does not disclose a controller, wherein the controller is electrically connected to the cell module through the cell quick-replacement connector and is configured to control an operation of the cell module.
However, Froelich discloses a battery pack with cell channels in which cell modules (202) are disposed, one of which is connected (at 301) to a wiring cable to provide current outside the battery pack. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon so that one of the battery cells, and in particular an end cell amongst the cells, was connected to a cable connector at the bottom of the associated cell channel as taught by Froelich in order to easily connect the battery cell to the outside wiring to provide power to the associated device.
Claim 6
Jeon discloses wherein a dragging mechanism (52 or 57; or the inner surface of the channel wall that engages 52 or 57) is provided in each cell channel (the surfaces are always in the channel and the projections 52, 57 are in the channel when the cell is in the channel), the dragging mechanism is configured to drag the cell module, and the cell module is detachably installed in the cell channel through the dragging mechanism (the dragging mechanism locks the cells in place).
Claim 13
Jeon in view of Froelich discloses the battery according to claim 1. Jeon does not disclose a vehicle or the location of the battery as recited. That is, Jeon does not disclose “a battery pack power freely-configurable vehicle, wherein a power freely-configurable plug-in battery pack according to claim 1 is provided in a front of the vehicle, the cell channel is provided on an upper part of the battery pack and provided with an opening vertically upward, and the cell module is inserted vertically downward in the cell channel. However, Froelich discloses a vehicle with a battery pack (102) provided in a front of the vehicle, the cell channels (upper half of the slots) provided on an upper part of the battery pack and provided with an opening vertically upward (see FIGS. 1 and 1), whereby the cell modules would be inserted vertically downward in the cell channels. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to have included the battery pack in a vehicle in the front of the vehicle face up as taught by Froelich in order to improve stability and create more space in the cabin of the vehicle.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Froelich, and further in view of Gow et al. (US 2002/0012833; hereinafter “Gow”).
Claim 2
Jeon discloses wherein a partition (46, 46’) is formed between the two cell channels.
Jeon does not disclose the partition is provided with a flow channel, and wiring harnesses and/or pipelines are provided in the flow channel. However, Gow discloses multiple cell channels (218) divided by partitions that include channel through which the wiring extends to interconnect the terminals of multiple battery cells (see annotated FIG. 5 below). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to include both terminals and the wiring extending between adjacent cells via the channel in the partition in order to interconnect the cells, and/or to connect the cells in the most efficient manner possible.
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Claim 3
Jeon discloses wherein the installation box is further provided with a locking mechanism (62 or 67), and the locking mechanism is configured to limit and lock the cell module in the cell channel or to release and unlock of the cell module in the cell channel (41).
Claim 4
Jeon discloses wherein the locking mechanism (67 which is the groove in the partition that engages with 57 in FIG. 12) is provided on the partition (see FIG. 12).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Froelich and Gow and further in view of Fuhr et al. (CN 102165625A; hereinafter “Fuhr”).
Claim 5
Jeon discloses wherein the cell channel is configured as a slot structure. Jeon does not disclose that a bottom of the slot structure is provided close to the controller.
Fuhr discloses the controller (32) on one outside surface of the battery pack (see FIG. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to include a controller on an outside surface of the battery pack in order to provide one unitary device that includes a controller that controls the battery pack. In so incorporating the controller on an outside surface, it would have been obvious to have tried each of the six outside surfaces with a reasonable expectation of success (see MPEP 2143).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Froelich in view of Zhou et al. (US 2024/0055693; hereinafter “Zhou”).
Claim 10
Jeon in view of Froelich discloses the battery according to claim 1. Jeon does not disclose a vehicle or the location of the battery as recited. That is, Jeon does not disclose “a battery pack power freely-configurable vehicle, wherein the power freely-configurable plug-in battery pack according to claim 1 is provided at a bottom of the vehicle, the cell channel is provided at a lower part of the battery pack and provided with an opening downward, and the cell module is inserted vertically upward in the cell channel.” However, Zhou discloses that a vehicle can include a battery (100) arranged at the bottom of the vehicle (see paragraph [0065]) and that the battery cells are inverted, such that the opening of the housing (21) is facing downwards (see paragraph [0091]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to have used the battery pack in a vehicle in the location taught by Zhou on the bottom of the vehicle with the channels, interpreted as the lower portion of the slots, facing downward, such that the cell module would be inserted vertically upward into the channel, in order to provide an arrangement that saves space in the interior of the vehicle and/or allows for changing of the battery robotically from the underside of the vehicle.
Claim 11
Jeon in view of Froelich discloses the battery according to claim 1. Jeon does not disclose a vehicle or the location of the battery as recited. That is, Jeon does not disclose “a battery pack power freely-configurable vehicle, wherein a body quick-replacement connector and the power freely-configurable plug-in battery pack according to claim 1 are provided at a bottom of the vehicle, the battery pack and the vehicle are connected through the body quick-replacement connector, the cell channel is provided at a lower part of the battery pack and provided with an opening downward, and the cell module is inserted vertically upward in the cell channel.” However, Zhou discloses that a vehicle can include a battery (100) arranged at the bottom of the vehicle (see paragraph [0065]), the battery includes a body quick connector (22), and that the battery cells are inverted, such that the opening of the housing (21) is facing downwards (see paragraph [0091]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to have used the battery pack in conjunction with a connector (electrode unit 22) in a vehicle in the location taught by Zhou on the bottom of the vehicle with the channels, interpreted as the lower portion of the slots, facing downward, such that the cell module would be inserted vertically upward into the channel, in order to provide an arrangement that saves space in the interior of the vehicle and/or allows for changing of the battery robotically from the underside of the vehicle.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Froelich in view of Meyers et al. (US 10,811,646; hereinafter “Meyers”).
Claim 12
Jeon in view of Froelich discloses the battery according to claim 1. Jeon does not disclose a vehicle or the location of the battery as recited. That is, Jeon does not disclose “a battery pack power freely-configurable vehicle, wherein a power freely-configurable plug-in battery pack according to claim 1 is provided in a trunk of the vehicle, the cell channel is provided horizontally, and the cell module is inserted horizontally in the cell channel. However, Meyers discloses a vehicle with a battery pack provided in the trunk of the vehicle, the cell channels provided horizontally, and the cell modules inserted horizontally (see FIG. 2 for example). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon to have used the battery pack of Jeon in a vehicle in the trunk of the vehicle in with horizontal channels as taught by Meyers in order to increase accessibility to the battery cells for easier replacement.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Froelich in view of Schwarz et al. (DE 102012212869A1; hereinafter “Schwarz”).
Claim 15
Jeon/Froelich/Zhou does not disclose a battery replacement method for the vehicle with the power freely-configurable plug-in battery pack, applicable to the battery pack power freely-configurable vehicle according to claim 11, comprising: in response to a current power of the battery pack being lower than a first power threshold, replacing an entire battery pack based on the body quick-replacement connector between the battery pack and the vehicle. However, Schwarz discloses “There comes a point where the battery power drops below a minimum acceptance threshold at which the vehicle battery typically needs to be replaced.” It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Jeon further to have replaced the battery pack when the current power drops below a certain threshold in order to provide an adequately operating battery pack at all times. It is well known that old or damaged battery packs that are incapable of holding a sufficient charge do not provide enough power to operate the vehicle.
Allowable Subject Matter
Claim 7, 14, and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 8 and 9 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claim 7
The prior art does not disclose or render obvious a battery pack comprising the combination of features including “wherein the dragging mechanism is provided with a pull-out piece.” Many references include pull-out pieces, or handles of some sort. Some references include a dragging mechanism however the dragging mechanisms are side surfaces or features on a side surface of the cell, or small pieces adjacent to the main cell. Neither of these can be modified to include a handle.
Claim 14
The prior art discloses replacing a battery cell when that battery cell gets below a certain threshold but does not disclose the use of the two thresholds as recited. Specifically, the prior art does not disclose “a battery replacement method for a vehicle with a power freely-configurable plug-in battery pack, applicable to the battery pack power freely-configurable vehicle according to claim 10, comprising: in response to a current power of the battery pack being lower than a first power threshold, determining a target cell module, wherein a power of the battery pack in the target cell module is lower than a second power threshold and the second power threshold is less than or equal to the first power threshold; and replacing the target cell module based on the cell quick-replacement connector between the cell module and the cell channel, wherein a replacement cell module of the target cell module is inserted in a vertically upward direction”
Claim 16-18
Claims 16-18 are patentable for the same reasons as claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0132443 discloses a battery pack with insertable cells. US 2023/0027399 discloses a pack with multiple cells and a mounting pin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655