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 § 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 18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Claim 8 (and likewise claim 18) recites “the connector member” and “another connector member.” There is insufficient antecedent basis for these limitations: claim 6, from which claim 8 depends (and claim 16, from which claim 18 depends), introduces a “second connecting element,” and claim 1 recites a “connecting wall,” but neither “the connector member” nor “another connector member” is previously recited, and the specification uses the term “connecting wall” (e.g., connecting wall 86) rather than “connector member.” Read in light of the specification ([0042]–[0044]; FIGS. 4 and 6), “the connector member” appears to refer to a first connecting wall (e.g., a connecting wall 86 of the first module housing 72) into which the first shaft section is received, and “another connector member” appears to refer to a different, adjacent connecting wall (e.g., a connecting wall 86 of an adjacent module housing 74) into which the second shaft section is received; the claims as worded, however, do not make this clear, rendering the metes and bounds of “the connector member” and “another connector member” indefinite. Appropriate correction or consistent terminology (e.g., reciting a first connecting wall and a second, adjacent connecting wall) is required. For purposes of the prior-art rejection below, “the connector member” is interpreted as a first connecting wall and “another connector member” as a second, adjacent connecting wall.
Claim Rejections - 35 USC § 103
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.
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) 1-8, 10, 11-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pflueger ‘198 (US 2018/0219198 A1) in view of Schuech ‘360 (US 2009/0324360 A1).
Claims 1 and 11: Pflueger ’198 discloses a battery module housing (module housing 11; FIGS. 1–5) comprising a base wall, a first side wall and a second side wall each including a connecting element, and a connecting wall extending between the first and second side walls. Pflueger ’198 teaches that the second L-shaped housing side wall “creates the base and a further side wall of the module housing 11” ([0035]), reading on the base wall (the base-forming leg of side wall 14.2). Pflueger ’198 discloses two end-face housing plates 15 that close the housing ([0003]; FIG. 4); the two plates 15 read on the first side wall and the second side wall, each including a connecting element in the form of connection elements 23, which are “shown in all four corners of the housing plate 15” ([0038]). The L-shaped housing side wall 14 that extends lengthwise between the two end plates 15 reads on the connecting wall, the opposed end regions of which provide the first side edge and the second edge ([0036]; FIG. 4).
The first recess and the second recess, aligned with the respective connecting elements, are the connection element receiving means 22, which Pflueger ’198 discloses are “arranged in the housing side walls 14.1 and 14.2” ([0036]) and “in which connection elements 23 can be disposed” ([0014]) to connect the plates 15 to the walls 14 in a “force-fitting and/or form-fitting manner” ([0038]; FIG. 4).
Pflueger ’198 characterizes connection element 23 as “screws, rivets or bolts” ([0039]) and seeks to avoid screw connections “that involve complicated assembly” ([0002]); it does not expressly disclose that the recess press-fittingly receives the connecting element. Schuech ’360 cures this deficiency, disclosing a connecting member (connecting member 1) that is press-inserted into a recess of a part: the ramp portions of the member, in a “fir-tree-like” profile, “dig into the part to be connected, thus permitting a press connection,” the ends of the ramp portions penetrating into the walls defining the recess and elastically or plastically deforming them (FIG. 2; [0027-0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection element of Pflueger ’198 as the press-fit connecting member of Schuech ’360, such that the recess press-fittingly receives the connecting element. Both references are directed to joining the parts of a housing by a discrete connection element received in a cooperating recess, so the combination yields the predictable result of a secured, press-fit wall joint.
Claim 11: Regarding the further limitations of claim 11, Pflueger ’198 discloses that the invention relates to “a battery, in particular for an at least electrically drivable vehicle, exhibiting a plurality of battery modules” ([0001], [0019]) and that the housing is fastened to “a component of a vehicle, in particular the body of a motor vehicle” ([0013]), reading on a vehicle having a body. Pflueger ‘198 does not expressly recite a passenger compartment, however, the motor vehicle of the type disclosed by Pflueger ‘198 includes a body defining a passenger compartment.
Claims 2 and 12: Pflueger ’198 discloses that “at least one housing plate (15) to exhibit connection element receiving means in which connection elements can be disposed” ([0014]), reading on a first opening in the first side wall (plate 15) through which the first connecting element (23) extends, the element being received in the cooperating first recess (22) of the connecting wall (14) ([0039]; FIG. 4). As modified by Schuech ’360, the press-fit connecting member extends from the side wall through that opening and is press-inserted into the recess formed in the connecting wall (FIG. 2). Thus, the first connecting element extends through the first opening in the first side wall into the first recess formed in the connecting wall.
Claims 3 and 13: As modified above, the connecting element is the press-fit connecting member of Schuech ’360. Schuech ’360 discloses that the member includes an enlarged central section 60 [0033], reading on the head portion, and a half (first half 2) extending therefrom, reading on the shaft portion, the half carrying a plurality of ramp portions (40–46) — reading on the plurality of gripping elements — that “dig into the part to be connected” and penetrate the walls defining the recess (FIG. 2; [0027]), thereby engaging the connecting wall in the first recess.
Claim 4 and 14: Pflueger ’198 discloses that the first side wall (plate 15) has opposed faces, reading on a first surface portion and a second surface portion opposite thereto, with a first opening therethrough (claim 2). Schuech ’360 discloses a recess extending about the opening into which the connecting member is received — recess 61 is formed in the part and dimensioned to receive the enlarged central section 60 of the member, the recess having beveled/chamfered edges that seat the member (FIG. 5; [0033]). Read together, the head portion (central section 60) of the connecting element is received in the recess (61) extending about the first opening. It would have been obvious to a person having ordinary skill in the art at the time of the invention to form the first surface portion of plate 15 with such a recess about the opening to seat the head of the connecting member, as taught by Schuech ’360, to provide a flush, form-locking seat and self-adjusting insertion depth — benefits Schuech ’360 attributes to the central-section/recess arrangement [0033].
Claim 5 and 15: For the same reasons stated for claims 2 and 12, the second side wall (the opposite end plate 15) likewise includes a second opening (a connection element receiving means of a housing plate, [0014]) through which the second connecting element (23) extends into the second recess (22) of the connecting wall (14) ([0038]–[0039]; FIG. 4), the connection being a press fit as taught by Schuech ‘360 (FIG. 2).
Claim 6 and 16: Schuech ’360 discloses a double-ended connecting member having a center M “where the first half 2 and the second half 3 are joined together or meet” [0023], with the first half 2 inserted into a recess (23) in a first part (21) and the second half 3 inserted into a recess (24) in a second part (22), the two halves extending in opposite axial directions (FIG. 2). In the embodiment of FIGS. 4–5, the member includes a “uniform central section 60” that is received in a recess (61) of a part [0033]. Mapping to the claim, the first half 2 reads on the first shaft section extending in a first direction into the second recess of the connecting wall, and the second half 3 reads on the second shaft section extending in a second direction that is opposite the first. Pflueger ’198 discloses that its side wall carries connection element receiving means/openings and is connected to “at least one further housing side wall … and/or a housing plate of a further battery module” ([0014]). It would have been obvious to arrange the double-ended connecting member of Schuech ’360 at the junction of the second side wall of Pflueger ’198 and two adjacent connecting walls, such that the enlarged central section 60 (the mid-section) is received in the opening of the second side wall while the first half 2 enters one connecting wall and the second half 3 enters the adjacent connecting wall, thereby joining the second side wall to two connecting walls with a single press-fit element and reducing part count with a predictable result.
Claim 7 and 17: Schuech ’360 discloses that the first shaft section (first half 2) includes a first plurality of gripping members (ramp portions 40–46) and the second shaft section (second half 3) includes a second plurality of gripping members (ramp portions 50–56), the two halves having “opposite toothing” ([0004]; claim 1; FIG. 1).
Claim 8 and 18: Schuech ’360 discloses a connecting member that joins two parts — the first half 2 is received in a recess 23 of a first part 21 and the second half 3 in a recess 24 of a second part 22, the ramp portions of each half engaging the respective part to connect the first part to the second part (FIG. 2). As combined with Pflueger ’198 for claims 6 and 16, this reads on the second side wall having a first surface section joined to the connector member (a first connecting wall) through the first shaft section and a second surface section joined to another connector member (a second, adjacent connecting wall; see Pflueger ’198 [0014]) through the second shaft section.
Claim 10 and 20: Pflueger ’198 discloses that “cooling ducts 16 are formed in the housing side wall 14.2 in the region of the base” ([0035]) and that “the cooling ducts preferably extend on a first housing side-wall which along with a leg forms the base of the module housing” ([0008]), reading on the base wall including a cooling duct. As shown in Pflueger ’198 FIG. 6 and described at [0040-0042], the cooling ducts include passages, at the top and bottom of the base region, that run substantially parallel to each of the first side wall and the second side wall (plates 15). It therefore would have been obvious that the base wall includes a cooling duct extending substantially parallel to each of the first side wall and the second side wall, as shown in Pflueger ’198 FIG. 6.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pflueger ‘198 (US 2018/0219198 A1) in view of Schuech ‘360 (US 2009/0324360 A1) and further in view of Seo ‘466 (US 2018/0175466 A1).
Claim 9 and 19: Pflueger ’198 discloses the battery module housing of claim 1, including the first side wall (plate 15), but does not disclose that the first side wall is formed of two members with a cooling member between them. Seo ’466 discloses such a cooled side wall. In the embodiment of FIG. 2, the battery cells are “stacked to face the side plates 300,” with the front and rear plates disposed between the opposing side plates so that each side plate 300 bears against the cell stack and applies surface-contact pressure to the cells ([0031]–[0032]); each such side plate 300 therefore corresponds to, and reads on, the first side wall (plate 15). Each side plate 300 includes a side heat exchange portion 340, an “internal space” of which “may include the cooling channel 320” — a plurality of coolant channels formed inside the wall — to “perform heat exchange with the battery pack” (FIG. 4; [0037]–[0038], [0041]). The opposed inner and outer wall faces bounding that internal space read on a first side wall member and a second side wall member joined together, and the cooling channel 320 between them reads on a cooling member extending between, and in heat-exchange contact with, the two wall members. It would have been obvious to form the first side wall of Pflueger ’198 as the cooled side plate 300 of Seo ’466, with the cooling channel 320 extending between and in heat-exchange contact with the first and second side wall members, in order to cool the battery cells through the side wall ([0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATEF A SHAT whose telephone number is (571)270-0364. The examiner can normally be reached 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 5712721418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.A.S./Examiner, Art Unit 1712
/MICHAEL B CLEVELAND/Supervisory Patent Examiner, Art Unit 1712
Prosecution Insights