DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 8/5/26 have been received. Claims 1 and 9 have been amended. Claims 2, 3, 5-8, 10, and 12 have been cancelled. Claim 13 is new.
Claim Rejections - 35 USC § 102
3. 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.
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claim(s) 1, 4, 9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frohlich et al. (DE102012221503) with citations from machine translation provided with this Office Action.
Regarding claim 1, Frohlich discloses a battery pack(energy storage device, Figs. 1 & 6-8, [0032]), comprising: a stack in which a plurality of battery cells are stacked along a first direction(energy storage cells 17 stacked along direction y, Figs. 1 & 6-8, [0043]), each of the plurality of battery cells having a prismatic shape including an upper surface, a bottom surface facing the upper surface, and a side surface located between the upper surface and the bottom surface(Fig. 3); and a housing in which a bottom portion facing the bottom surface and a side wall portion facing the side surface are formed in one piece(base plates 2a-c are connected to the side walls 3a-d via cold press weld connections, [0033], Figs. 1, 7 & 8), wherein the bottom portion includes a cooling mechanism that is able to cool the stack(base plates 2a-c, side walls 3a-d have channels 9a-c, 10a-d for guiding a cooling fluid which are in fluid communication with each other [0035], Figs. 1, 7 & 8), the side wall portion includes a shock absorbing mechanism (see inner space with channels, Figs.1, 7 & 8), the cooling mechanism includes a cooling medium path provided inside the bottom portion(channels 9a-c Figs. 1, 7, & 8, [0035]), the cooling medium path being a path through which a cooling medium is able to flow([0035]), and the cooling medium path is disposed to overlap with both the stack and the side wall portion when viewed in a second direction in which the upper surface and the bottom surface face each other(see Z direction in Fig. 1).
Regarding claim 4, Frohlich discloses an inner space is provided in the side wall portion, the side wall portion has a rib disposed in the inner space to partition the inner space into a plurality of regions, and the shock absorbing mechanism is constituted of the inner space and the rib(Fig. 1, [0035]).
Regarding claim 9, Frohlich discloses the side surface includes a first side surface portion (see side wall 3a, Fig. 1) and a second side surface portion (see side wall 3b, Fig. 1) disposed to face each other in a third direction orthogonal to the first direction(third direction is x direction, Fig. 1), the bottom surface includes a first portion located on a side of the first side surface portion with respect to a center of the bottom surface(see side of base plate 2a closest to side wall 3a in Fig. 1), and a second portion located on a side of the second side surface portion with respect to the center(see side of base plate 2a closest to side wall 3b in Fig. 1), the housing includes a first housing member in which a first bottom portion facing the first portion and a first side wall portion disposed to face the first side surface portion are formed in one piece([0033]), and a second housing member in which a second bottom portion facing the second portion and a second side wall portion disposed to face the second side surface portion are formed in one piece([0033]), and respective end portions of the first bottom portion of the first housing member and the second bottom portion of the second housing member are joined to each other([0033]).
Regarding claim 11, Frohlich discloses each of the first housing member and the second housing member is formed by extrusion molding([0032]). The instant claim includes a recitation describing the manner in which the housing member is formed: by extrusion molding. Said recitation appears to be product-by-process language. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. MPEP 2113.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chapaton et al. (US2023/0395849).
Regarding claim 13, Chapaton discloses a battery pack(10, Figs. 1 & 3, [0036], [0039]), comprising: a stack in which a plurality of battery cells are stacked along a first direction(cell stack 20 with battery cells 46 with left to right in Fig. 1 as first direction, Fig. 1, [0042]), each of the plurality of battery cells having a prismatic shape including an upper surface, a bottom surface facing the upper surface, and a side surface located between the upper surface and the bottom surface(Fig. 1, [0042]); and a housing (16, Fig. 3, [0040]) in which a bottom portion (28, Fig. 3) facing the bottom surface and a side wall portion (30, Fig. 3) facing the side surface are formed in one piece([0040]), wherein the bottom portion includes a cooling mechanism that is able to cool the stack(heat sink 38 with passageways 40, Figs. 1 & 3, [0041]), and the side wall portion includes a shock absorbing mechanism(fire suppression material 22 may comprise foam, Fig. 3, [0047], [0049]-[0050]), the side wall portion faces a battery cell of the plurality of battery cells located at an end portion in the first direction(Fig. 1), and the side wall portion restrains the stack in the first direction([0040]).
Response to Arguments
7. Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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