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 .
Drawings
The drawings were received on 06/29/2026. These drawings are acceptable.
Response to Arguments
The applicant’s amendments submitted on 06/29/2026 overcome the rejections to claims 5 and 15 presented in the previous office action of record. Accordingly, said rejections are withdrawn.
The applicant asserts that Wang fails to disclose the recited first structural member, identified in the previous office action as first contact portion 42. The applicant asserts that portion 42 is a part of Wang’s first connecting member 40, and that Wang therefore does not disclose a first structural member that is separate from the first connective member and the second connective member, and that moves in the first direction to cause connection or separation of the first conductive member and the second conductive member.
This argument has been fully considered but is not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the first structural member is separate from the first connective member and the second connective member., and that moves in the first direction to cause connection or separation of the first conductive member and the second conductive member) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Rather, the claim requires that the first structural member is disposed on a side of the battery cell assembly adjacent to the conductive assembly, that the first structural member is movable in a first direction, and that the first structural member connects or separates the first conductive member from the second conductive member. These limitations do not require that the first structural member is separate from the first connective member and the second connective member., and that moves in the first direction to cause connection or separation of the first conductive member and the second conductive member.
It is required that the first structural member be moveable in the first direction and separately required that the first structural member connects or separates the first conductive member from the second conductive member. These limitations, presented separately, do not require that the connecting/disconnecting be in the first direction. Additionally, it is not required that first structural member that is separate from the first connective member and the second connective member, as this limitation is not present in the claims.
The applicant further presents relationships between components, citing swelling of the battery cell assembly to move the first structural member. This associative relationship is not present in the claims, and accordingly, it cannot be read into the claims.
Additionally, the applicant asserts that Wang does not disclose the claimed arrangement in which the first connecting portion is disposed opposite to the first structural member, and the second contact portion is located under the first contact portion and connected to the first contact portion.
This argument has been fully considered but is not persuasive. The claims, as amended by the applicant require that the first connecting portion is disposed opposite to the first structural member, and that the in the first direction, the second contact portion is located under the first contact portion and connected to the first contact portion, or the second contact portion is located over the first contact portion and separated from the first contact portion.
As the final portion of the claim is presented in an optional form, it is not required that the second contact portion is located under the first contact portion and connected to the first contact portion if the second contact portion is located over the first contact portion and separated from the first contact portion, as is the case presented by Wang, as discussed in the previous office action of record.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 6-8, 12, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 212062535 U, with EPO machine translation used for citation purposes).
Regarding Claim 1, Wang is an analogous art to the instant application, being directed to the art of battery modules (Abstract, “The utility model discloses a battery pack, which comprises a fixed frame provided with a deformation part; the battery cell module is accommodated in the fixing frame;”). Wang discloses a battery module comprising a shell and a battery assembly disposed in the shell (Abstract, “which comprises a fixed frame provided with a deformation part; the battery cell module is accommodated in the fixing frame”; Abstract, “and the shell is used for accommodating the fixing frame”; Paragraph 0054, “The housing 60 includes a battery lower shell 61 and a battery upper shell 62.”), as well as a circuit board electrically connected to the battery assembly (Abstract, “the circuit board is electrically connected with the battery cell module;”).
Additionally, Wang discloses a conductive assembly 40/50 electrically connected the circuit board 30, the conductive assembly 40/50 comprising a first conductive member 40 and second conductive member 50 , shown in figure 4 (Paragraph 0047, “In some embodiments, the first connector 40 further includes a first welding portion 43 that is welded to the circuit board 30 and electrically connected to the circuit board 30.”; Paragraph 0064, “the first connecting member 40 and the second connecting member 50 are all arranged in the battery lower shell 61”)
Additionally, Wang discloses a first structural member disposed on a side of the battery cell adjacent to the conductive assembly, here the first contact portion 42, shown in figures 4 and 5, where the first structural member 42 is movable in a first direction, the first direction being the direction from the battery cell to the circuit board (Paragraph 0066, “the deformed portion 11 moves to disconnect the contact connection between the first contact portion 42 of the first connector 40 and the second contact portion 52 of the second connector 50 provided on the deformed portion 11.”), moving up and down with swelling and shrinking of the battery cell. Here, the first direction is a direction from the battery cell assembly 20 to the circuit board 30, as shown in Wang’s figure 2.
Additionally, Wang discloses structure where the first conductive member 40 is configured to be connected to or separated from the second conductive member 50 by the first structural member 42, shown in figures 4 and 5.
Additionally, Wang discloses structure wherein the first conductive member 40 comprises a first fixing portion 43, a first connecting portion 41, and a first contact portion disposed, which is the portion on which the first structural member 42 is attached, sequentially disposed, shown in figure 5. Additionally, the first connecting portion 41 is disposed opposite to the first structural member 42, being positioned on a top end of the first conductive member 40, as opposed to the first structural member 42 which is on a bottom end of the first conductive member 40.
Additionally, the second conductive member 50 is provided with a second contact portion 521 (Paragraph 0045, “In some embodiments, the second contact portion 52 is provided with a resisting portion 521, and the resisting portion 521 can resist the first contact portion 42 against the second contact portion 52”). Here, the first contact portion is both connected to and separated from the second connecting portion 521, where the first contact portion is in contact with the first structural member 42, and the first structural member is in contact with the second contact portion 521, as shown in figure 4. Accordingly, the first contact portion is in transitive contact with the second contact portion, but is also separated from the second contact portion through not being in direct contact.
Additionally, Wang discloses structure wherein the second conductive member 50 further comprises a second fixing portion 52, which, in the first direction, is located under the first contact portion, as well as being transitively connected to the first contact portion through the second contact portion 521, as shown in figure 4.
Additionally, Wang discloses structure where the second conductive member 50 further comprises a second fixing portion 52, which, in the first direction, has portions which extend over the first contact portion, shown in figure 4, as well as being separated through being in transitive contact with the first contact portion rather than in direct contact as discussed above.
Regarding Claim 2, Wang anticipates the invention of claim 1. Additionally, Wang discloses structure wherein, when viewed in a second direction, which is a direction opposite to the first direction, and is therefore a direction from the circuit board 30 to the battery cell assembly 20, the first conductive member and the second conductive member partially overlap, based on the positioning of the first conductive member 40 and second conductive member 50 shown in figure 5.
Regarding Claim 6, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure wherein in the first direction, the first structural member 42 is provided with a first face facing the battery assembly 20, as shown in figures 3 and 4. Additionally, where in a natural state, in which the battery does not swell, a vertical distance from the first face to the battery cells is X1, here interpreted as a distance from the top of the battery cells to the first face and the first structural member 42 is provided with a second face to push the first connecting portion 41, as shown in figure 5, where the top faces of first structural member 42 push against the first connecting portion. Additionally, where in a natural state a vertical distance from the second face to the first connecting portion is X2, and when the swelling of the battery cell is greater than X1+X2, the swelling battery cell assembly pushes the first structural member 42 to move and the first contact portion is separated from the second contact portion 52 (Paragraph 0066, “so that the first contact portion 42 and the second contact portion 52 are in contact and connected, and when the cell module 20 provided in the fixing frame 10 expands, it resists Holding the deformed portion 11, the deformed portion 11 moves to disconnect the contact connection between the first contact portion 42 of the first connector 40 and the second contact portion 52 of the second connector 50 provided on the deformed portion 11.”).
Regarding Claim 7, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure where an opening is provided on the circuit board, here opening 105 which is provided against the surface of the circuit board, as shown in figures 2 and 3. Additionally, the first contact portion is disposed adjacent to the opening, being connected to a component which spans across the opening. Accordingly, this represents structure where the first contact portion can be understood as being disposed in the opening, as it is positioned within an orthographic projection of the opening.
Regarding Claim 8, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure where the battery module further comprises a bearing member 10 (Paragraph 0034, “The fixing frame 10 is used to house the battery cell module 20.”) which is disposed on the shell 61/62, as shown in figure 1. Additionally, the bearing member 10 is located between the battery cell assembly 20 and the circuit board 30, as depicted in figures 2 and 3, where figure 2 depicts the assembled components, and figure 3 depicts the separated components.
Additionally, a first through hole is provided on the bearing member 10, the first through hole being the through hole through which the first structural member 42 extends through the second contact portion 52. Here, this through hole is provided on the bearing member 10, as shown in figure 2, where the structural members are positioned proximate to the bearing member 10. Here, the first contact portion, which is the region which connects the section which is the first structural member 42 to the first connecting portion 41, passes through the through hole, as shown in figure 4. Here, this results in the first conductive member 40 to be connected to the second conductive member 50, as shown in figure 4.
Regarding Claim 12, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure wherein the battery module further comprises a heat insulation member 80 (Paragraph 0059, “In some embodiments, the battery pack 100 further includes a heat insulation sheet 80.”). Additionally, Wang discloses an accommodating grove 107 on a side face of the first structural member 42 facing the second conductive member 50, shown in figures 2 and 3, and the heat insulation portion 80 is disposed in the accommodating groove 107 (Paragraph 0061, “The heat insulation sheet 80 is provided in the heat insulation groove 107 to insulate the heat generated in the contact portion between the first contact portion 42 and the second contact portion 52 to prevent it from affecting the cell module 20.”).
Regarding Claim 18, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure wherein the conductive assembly 40/50 and the first structural member 42 are provided on a same side of the battery assembly, being disposed on a side of the battery assembly shown in figure 3.
Regarding Claim 19, Wang anticipates the invention of Claim 1. Additionally, Wang discloses structure wherein the battery cell assembly 20 includes a plurality of stacked battery cells 21, stacked in the first direction, shown in figure 4 (Paragraph 0048, “Please refer to FIG. 4, the battery cell module 20 includes a plurality of battery cells 21”).
Regarding Claim 20, Wang discloses an electrical device comprising the battery module according to claim 1 (Abstract, “The utility model further discloses an electronic device with the battery pack.”).
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) 9-10 and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 212062535 U, with EPO machine translation used for citation purposes).
Regarding Claim 9, Wang anticipates the invention of Claim 8. Additionally, Wang discloses that the first structural member 42 comprises a cantilever portion and an extending portion, the cantilever portion being the portion of the first structural member which extends outward from the first connecting portion 41, and the extending portion comprising the step-shaped portion at the end of the first structural member 42, shown in figure 5. However, the cantilever portion is not disposed between the bearing member 10 and the battery assembly 20, as the bearing member 10 is disposed between the cantilever portion and the battery assembly 20. However, Wang discloses that their connecting members 42 and 52 which comprise the cantilever portion are responsible for connecting and disconnecting during function of the battery and in response to cell expansion (Paragraph 0043, “In some embodiments, the overlapping area of the first contact portion 42 and the second contact portion 52 is designed to be stepped. So that when the cell module 20 expands, the contact area between the first contact portion 42 and the second contact portion 52 can gradually become smaller as the first contact portion 42 moves away, until it is broken open.”). Here, where the bearing member 10 houses provides protection for the battery cell (Paragraph 0034, “The fixing frame 10 is used to house the battery cell module 20.”), it would be obvious to one ordinarily skilled in the art to extend the bearing member to surround and protect the connecting portions which comprise the cantilever portion, thereby resulting in structure where the cantilever portion is disposed between the bearing member 10 and the battery assembly.
Additionally, the cantilever portion is configured to pass through the first hole adjacent to buckle 521 to make the first conductive member 40 connected to the second conductive member 40.
Regarding Claim 10, Wang makes obvious the invention of Claim 9. Additionally, in regards to the limitations which requires that the first connecting portion 41 comprises a first portion and a second portion, having a portion on a side adjacent to the first fixing portion 43, and a second portion which is on a side adjacent to the first contact portion. Here, the first portion is substantially disposed in a horizontal direction, as shown in figure 5. Additionally, where the second portion includes the outermost portion of the component 41 which extends down towards the first structural portion 42, it is therefore inclined with respect to the first portion. Additionally, the extending portion is opposite to the first portion, being located on an opposite side of the first conductive member 40.
Regarding Claim 13, Wang makes obvious the invention of Claim 9. Additionally, Wang discloses structure where the cantilever portion is separated from the bearing member 10, as shown in figures 2 and 3, where the cantilever portion extends in front of a heat insulation groove 107, thereby separating the cantilever portion from being in direct contact with the bearing member 10.
Regarding Claim 14, Wang makes obvious the invention of Claim 13. Additionally, Wang discloses structure where the cantilever portion is separated from the bearing member 10, as shown in figures 2 and 3, where the extending portion is positioned in front of a heat insulation groove 107, thereby separating the cantilever portion from being in direct contact with the bearing member 10.
Regarding Claim 15, Wang makes obvious the invention of Claim 13. Additionally, in regards to the limitation which requires that the cantilever portion is inclined with respect to the second direction, where the second direction is a direction opposite to the first direction, Wang fails to disclose said structure. However, Wang discloses their second contact portion 52 and their first contact portion 42 interconnect (Paragraph 0045, “In some embodiments, the second contact portion 52 is provided with a resisting portion 521, and the resisting portion 521 can resist the first contact portion 42 against the second contact portion 52 to make the first contact portion 42 is in contact with the second contact portion 52.”). Here, based on the two contact portions working together, it would be obvious to one ordinarily skilled in the art to try interchanging the first contact portion 42 and the second contact portion 52, as it represents an obvious to try interchange, based on a finite number of positions to which the first and second contact portions may be assigned, as well as a known result. Additionally, based on this interchanged structure, the gap between the second contact portion and the bearing member’s hole 107 is the first through hole.
Accordingly, based on this obvious alternative structure, the outer buckle 521 is the cantilever portion behind it of component 52 is the extending portion. Here, where the cantilever portion comprises inclined segments, it therefore is inclined with respect to the second direction. Additionally, the extending portion extends upwards from an end of the cantilever portion’s horizontal segment, moving up in the first direction. Additionally, this end of the cantilever portion is an end which faces the battery cell assembly, based on the structure of the cantilever portion shown in figure 5.
Regarding Claim 16, Wang makes obvious the invention of Claim 9. Additionally, Wang discloses structure where the first contact portion, which is the region which connects the section which is the first structural member 42 to the first connecting portion 41, and the second contact portion 52 are electrically connected to the battery modules (Paragraph 0034, “The second connecting member 50 is electrically connected to the battery cell module 20. The first connecting member 40 is in contact with the second connecting member 50.”). Accordingly, in being electrically connected to the battery, they are electrically connected to all parts of the battery, including the separator and electrolyte which are disposed between the positive electrode and negative electrode of the battery module (Paragraph 0003, “the electrolyte in the battery pack”), and the intra-cellular connection between multiple electrodes of the plurality of batteries of the battery module (Paragraph 0049, “Two adjacent battery cells 21 in the battery cell module 20 are connected in series by a positive and negative electrode connection. One pole of the two cells 21 outside the cell module 20 that is not connected to the adjacent cell 21 constitutes the first pole 22 and the second pole 23 of the cell module 20.”).
Regarding Claim 17, Wang makes obvious the invention of Claim 9. Additionally, Wang discloses structure where the circuit board controls an input current or an output current of the battery module, through disclosing that the circuit board is a battery management system (Paragraph 0052, “The circuit board 30 is a BMS circuit board on which a battery management system is arranged.”).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 212062535 U, with EPO machine translation used for citation purposes) further in view of Aiba (US 20150349390 A1)
Regarding Claim 11, modified Wang makes obvious the invention of Claim 10. Additionally, Wang discloses structure wherein the second portion is disposed outside the circuit board, as depicted in figure 3, which shows the circuit board 30 and the first conductive portion 40 which comprises the second portion as being separate components. Additionally, in regards to the limitation which requires that the second portion is elastic, Wang fails to disclose said structure. Therefore, we look to Aiba, which is an analogous art to the instant application, being directed towards the art of battery modules (Abstract, “The purpose of the present invention is to provide a battery block capable of reducing stress acting on a connection portion due to thermal expansion/contraction or size error.”).
Here, Aiba discloses conductive members which absorb changes in size by means of elastic deformation, so as to reduce stress on said members (Paragraph 0117, “Accordingly, the difference in size change can be effectively absorbed by elastic deformation of the bend portion 241, whereby the stress acting on the conductive members 191 can be reduced.”). Here, where the contact portions 40/50 of Wang makes use of an elastically deforming buckle 521 (Paragraph 0046, “In some embodiments, the resisting portion 521 is an elastic buckle”) and where the contact portions move relative to each other (Paragraph 0043, “In some embodiments, the overlapping area of the first contact portion 42 and the second contact portion 52 is designed to be stepped. So that when the cell module 20 expands, the contact area between the first contact portion 42 and the second contact portion 52 can gradually become smaller as the first contact portion 42 moves away, until it is broken. open.”), it would be obvious to one ordinarily skilled in the art to make the contact members capable of elastic deformation, so as to mitigate the effects of thermal expansion and contraction, or to allow for the portions to return to a normal state after an impact.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.W.E./ Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725
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