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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 19, 2023, and June 17, 2024, have been placed in the application file and the information referred to thein has been considered as to the merits.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
72 in Figure 2; and
74 in Figures 1 and 2.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3, 7, 8, 12 and 14 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.
As to claim 3, line 29 recites: “each of both end portions of the end plate in the second direction.” This recitation is indefinite due to a lack of antecedent basis. The claims do not previously recite nor define “each of the end portions” being provided in the end plate. Thus, it’s unclear which end portions are being referred to in relation to the end plate.
As to claim 7, line 20 recites: “the fastening portion”. This recitation is indefinite due to lack of antecedent basis because “a fastening portion” is not introduced in the independent claim, claim 1. Although “a fastening portion” is mentioned in claim 2, since claim 7 is not dependent upon this claim it is unclear if the previously recited fastening portion is being referenced. Thus, the recitation lacks antecedent basis and renders the claim indefinite.
Line 20 of claim 7 also recites: “each of both ends portions of the end plate in the second direction.” This recitation is indefinite due to a lack of antecedent basis. The claims do not previously recite nor define “each of the end portions” being provided in the end plate. Thus, it’s unclear which end portions are being referred to in relation to the end plate.
As to claim 8, line 29 recites: “each of both end portions of the end plate in the second direction.” The claims do not previously recite nor define “each of the end portions” being provided in the end plate. Thus, it’s unclear which end portions are being referred to in relation to the end plate.
As to claim 12, line 23: “the fastening portion”. This recitation is indefinite due to lack of antecedent basis because “a fastening portion” is not introduced in the independent claim, claim 1. Although “a fastening portion” is mentioned in claim 2, since claim 7 is not dependent upon this claim it is unclear if the previously recited fastening portion is being referenced. Thus, the recitation lacks antecedent basis and renders the claim indefinite.
Line 23 of claim 12 also recites: “each of both end portions of the end plate in the second direction.” This recitation is indefinite due to a lack of antecedent basis. The claims do not previously recite nor define “each of the end portions” being provided in the end plate. Thus, it’s unclear which end portions are being referred to in relation to the end plate.
As to claim 14, line 11 recites: “each of both end portions of the end plate in the second direction.” This recitation is indefinite due to a lack of antecedent basis. The claims do not previously recite nor define “each of the end portions” being provided in the end plate. Thus, it’s unclear which end portions are being referred to in relation to the end plate.
All claims depending on the above claims are also rejected.
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.
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.
Claims 1-4, 6-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/199493 A1 (Japanese Reference) (Note: US 2023/0098629 A1 (Fukuda et al.) is relied as the English translation of the WO2021/199493 A1, as both pertain to the same PCT.) – herein after Fukuda et al. in view of Terauchi (US 2021/0376418 A1.
As to claim 1, Fukuda et al. teaches a battery module (power supply device 100, figs. 1-5) comprising:
a stack (battery stack 10, fig. 3) including a plurality of battery cells (battery cell 1, fig. 3) arranged side by side in a first direction, each of the plurality of battery cells having a prismatic shape ([0036]- [0037], fig. 2).
an end plate (end plate 20, figs. 3-4) provided to be arranged side by side with the plurality of battery cells (battery cell 1, fig. 3) in the first direction ([0035]- [0036]); and
a restraint member (fastening member 15, fig. 1) that restrains the plurality of battery cells (1) and the end plate (20) along the first direction ([0046]), (see (b) below), wherein
the end plate (20) includes a plate-shaped member (frame shape member 21, fig. 1-2), the plate-shaped member (21) has an uneven shape (curved surface shown in fig. 5A, paragraph [0058]) including an abutment portion (pressing region 25, figs. 4-5) and a recess (back surface of bead region 26), figs. 4-5), the abutment portion (25) being in abutment with the stack in the first direction (pressing region 25 presses the battery stack 10, [0053]), the recess (26) being located in a direction away from the stack with respect to the abutment portion (25) (back surface of bead region 26, fig. 13, [0054]),
the recess (26) includes a first portion (see (a) below) and a second portion, the first portion having a flat surface shape (back flat surface of the pressing surface (26), [0053]), the first portion constituting a bottom surface of the recess (paragraph [0054]), the second portion having been through a process for forming the uneven shape (“is bent in a shape protruding”, paragraph [0053] and [0058])).
Fukuda et al. teaches bending the end plate [20] by pressworking ([0062]).
Regarding the claim limitation: a pressing process has been performed onto the plate-shaped member at a region overlapping with the second portion when viewed in the first direction so as to form a flat surface continuous to the first portion, this is a product-by-process limitation, wherein the process of making the product does not further limit the claimed product. As set forth above, the product as claimed is within the prior art; thus, the claim language is met.
“Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MEPEP § 2113.
(a) In terms of the “first portion” mentioned in claim 1, there are two interpretations taught by Fukuda and Takata et al. below. The first interpretation is that the “first portion” is the back flat surface of the pressing surface (26), as shown in the first annotated figure from Fukada below.
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First Interpretation (Annotation of Fukuda Fig. 4)
Note: The first interpretation is being applied here.
(b) Regarding this limitation: “the restraint member (15) being provided to be arranged side by side with the plurality of battery cells and the end plate in a second direction orthogonal to the first direction”; Fukuda et al. fails to teach the restraint member is being provided in the second direction.
However, Terauchi teaches a restraint member (fastening member 40) being provided to be arranged side with the plurality of battery cells and the end plate in a second direction ([0047]- [0048], fig. 1). It would be obvious to one of ordinary skill in the art at the time the claimed invention was filed to modify Fukuda’s design to further constrain the end plate (3) and restraining member (4) in the second direction (fig. 1), for the purpose of further strengthening and improving the rigidity of the battery. Thus, ensuring that the battery cells remain suppressed and reduce the stress load caused by battery expansion that may occur during charging & discharging ([0023] and [0032]).
As to claim 2, Fukuda et al. teaches a battery module (100) wherein the end plate (20) includes a fastening portion (fixing regions (23) within the side wall (22), fig. 4) (a) that is fastened to the restraint member (15).
(a) Regarding this limitation: “includes a fastening portion (23) that is provided in the first portion”; Fukada et al. fails to teach the fastening portion being provided in the first portion.
However, Takata et al. teaches a battery module (power supply device 100) where in the end plate (4) includes a fastening portion (holes within end plate fixing portion (23)(24)) that is provided in the first portion (plate of end plate (4), fig. 1) that is fastened to the restraint member (binding bar (2), [0048]-[0049]). The motivation for providing a fastening portion ((23)(24)) in the first portion (annotated fig. 2 below) in this position is so that it is fastened to the restraint member in a manner to increase the rigidity of the end plate (4) and the restraint member (2) [0048]. Therefore, it would be obvious to one of ordinary skill in art at the time the claimed invention was filed to modify Fukuda’s design by moving the positioning of the fastening portion to be provided in the first portion to increase the overall rigidity of the battery module’s structure [0048].
(a) The second Interpretation is that the “first portion” is the plate-shaped member of end plate (4) constituting fastening portions (holes within end plate fixing portion (23)(24)), as shown in the second annotated figure from Takata et al. below.
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Second Interpretation (Annotation of Takata et al. Fig. 2)
Note: The second interpretation is applied here.
As to claim 3, Fukuda et al. teaches a battery module (100), wherein the fastening portion (23) is provided to be located at each of both end portions of the end plate (20) (fig. 2, paragraph [0046]) in the second direction (c).
(c) Regarding this limitation: wherein the fastening portion (23) is provided to be located at each of both end portions of the end plate (20) in the second direction; Fukuda et al. fails to teach the fastening portions being provided in the second direction.
However, Takata et al. teaches a battery module (power supply device 100) where the fastening portion (holes within end plate fixing portion (23)(24)) is provided to be in both end portions of the end plate (4) in the second direction ([0048]- [0049], fig. 1 and fig. 2). The motivation for providing the fastening portion ((23)(24)) on both end portions of the end plate (4) in this second direction is to increase the overall rigidity of the battery module’s structure [0048]. Furthermore, it would be obvious to one of ordinary skill in the art at the time the claimed invention was filed to adjust Fukuda’s design by positioning the fastening portions at both ends in the second direction to ensure that the end plates (4) are securely fixed to restraint members (2) and battery stack (10) [0042].
Note: The second interpretation is applied here as well.
As to claim 4, Fukuda et al. teaches a battery module (100), wherein the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction (fig. 7) and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (fig. 7).
As to claim 6, Fukuda et al. in view of Takata et al. teaches battery module (100), wherein the end plate (4) includes a fastening portion (holes within end plate fixing portion (23)(24), fig. 2) that is provided in the first portion (plate of end plate (4), fig. 1) and that is fastened to the restraint member (2), and
Note: The second interpretation is applied here.
the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (fig. 7).
Note: The first interpretation is applied here.
As to claim 7, Fukuda et al. in view of Takata et al. teaches a battery module (100), wherein the fastening portion (holes within end plate fixing portion (23)(24), fig. 2) is provided to be located at each of both end portions of the end plate (4) (fig. 2, [0047]) in the second direction and
Note: The second claim interpretation is applied here.
the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (fig. 7).
Note: The first claim interpretation is applied here.
As to claim 8, Fukuda et al. in view of Takata et al. teaches a battery module (100), wherein the end plate (4) includes a fastening portion (holes within end plate fixing portion (23)(24), fig. 2) that is provided in the first portion (4) (fig. 2, [0047]) and that is fastened to the restraint member (2),
the fastening portion (holes within end plate fixing portion (23)(24), fig. 2) is provided to be located at each of both end portions of the end plate (4) (fig. 2, [0047]) in the second direction
Note: The second claim interpretation is applied here.
and the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (see fig. 7).
Note: The first claim interpretation is applied here.
As to claim 9, Fukuda et al. teach all the limitations set forth above. Additionally, Fukuda discloses a battery module (100) further comprising a case (insulating spacers (16) around a plurality of cells (1) that accommodates the plurality of battery cells (1) in the first direction ([0048]), and that forms a unit (skipped plurality of cells (1) between insulating spacers (16)) including the plurality of battery cells (1).
Note: may skip cells between to have the associated insulation spacers (16) to form a battery cell unit (battery stack 10).
As to claim 11, Fukuda et al. in view of Takata et al. teaches a battery module (100), wherein the end plate (20) includes a fastening portion (holes within end plate fixing portion (23)(24), fig. 2) is that is provided in the first portion (4) (fig. 2, [0047]) and that is fastened to the restraint member (2),
Note: The second claim interpretation is applied here.
the battery module (100) further comprising a case (insulating spacers (16) around a plurality of cells (1) that accommodates the plurality of battery cells (1) in the first direction ([0048]), and that forms a unit (skipped plurality of cells (1) between insulating spacers (16)) including the plurality of battery cells (1).
Note: may skip cells between to have the associated insulation spacers (16) to form a battery cell unit (battery stack 10).
As to claim 12, Fukuda et al. in view of Takata et al. teaches a battery module (100), wherein the fastening portion (holes within end plate fixing portion (23)(24), fig. 2) is provided to be located at each of both end portions of the plate (4) (fig. 2, [0047]) in the second direction,
Note: The second claim interpretation is applied here.
the battery module (100) further comprising a case (insulating spacers (16) around a plurality of cells (1) that accommodates the plurality of battery cells (1) in the first direction ([0048]), and that forms a unit (skipped plurality of cells (1) between insulating spacers (16)) including the plurality of battery cells (1).
Note: may skip cells between to have the associated insulation spacers (16) to form a battery cell unit (battery stack 10).
As to claim 13 Fukuda et al. teaches a battery module (100), wherein the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (see fig. 7),
Note: The first claim interpretation is applied here.
the battery module (100) further comprising a case (insulating spacers (16) around a plurality of cells (1) that accommodates the plurality of battery cells (1) in the first direction ([0048]), and that forms a unit (skipped plurality of cells (1) between insulating spacers (16)) including the plurality of battery cells (1).
Note: may skip cells between to have the associated insulation spacers (16) to form a battery cell unit (battery stack 10).
As to claim 14 Fukuda et al. in view of Takata et al. teaches a battery module (100), wherein the end plate (4) includes a fastening portion (holes within end plate fixing portion (23)(24), fig. 2) that is provided in the first portion (4) (fig. 2, [0047]) and that is fastened to the restraint member (2),
the fastening portion (holes within end plate fixing portion (23)(24), fig. 2), is provided to be located at each of both end portions of the end plate (4)) (fig. 2, [0046]) in the second direction, and
Note: The second claim interpretation is applied here.
the abutment portion (25) and the recess (back surface of 26) are formed to each extend in the second direction and to be adjacent to each other along a third direction orthogonal to the first direction and the second direction (see fig. 7),
Note: The first claim interpretation is applied here.
the battery module (100) further comprising a case (insulating spacers (16) around a plurality of cells (1) that accommodates the plurality of battery cells (1) in the first direction ([0048]), and that forms a unit (skipped plurality of cells (1) between insulating spacers (16)) including the plurality of battery cells (1).
Note: may skip cells between to have the associated insulation spacers (16) to form a battery cell unit (battery stack 10).
Note: The second interpretation is applied here.
Claim (s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda et al. in view of Terauchi and Takata et al., as applied to claim 1 and 4 above, and in further view of BESSHO (US 2018/0138560 A1) – herein after Bessho.
As to claim 5, Fukuda et al. teaches battery module (100), wherein a pressing process has been performed onto the abutment portion (25) at a portion having a relatively narrow width in the third direction ([0062]).
Fukuda et al. fails to teach a battery module where each of widths of the abutment portion and the recess in the third direction is changed along the second direction.
However, Bessho teaches a battery module (power supply device 100) compromising abutment portions (metal plate (4A and 4B)) and recesses (back surface of (4A and 4B)) changing along the second direction (fig. 2 and fig.3, see annotations). Fig. 3 of Bessho shows the plate-shaped member (4) of the end plate (4) that shows each of the widths of the abutment potion ((4A) (4B)) and recess (back surface of (4A) (4B)) in the third direction changing along the second direction (see annotated fig.2 below). The motivation for combining the features regarding the changing width sizes shown in Bessho’s end plate with the pressing process taught in Fukada et al.’s battery module is to ensure that the end plate has sufficient strength to hold the battery stack [0105]. Furthermore, it would be obvious to one having ordinary skill in the art at the time the claimed invention was effectively filed; to combine the features of Fukuda et al. and the features shown in Bessho to result in the end plate of the battery stack (9) exhibited sufficient rigidity [0105]. (See MPEP 214(I)(A)).
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(Annotation of Bessho Fig. 2)
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(Annotation of Bessho Fig. 3)
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda et al. as in view of Terauchi and Takata et al. applied to claim 1 and 9 above, and in further view of Son et al. (US 2016/0181604 A1) – herein after Son et al.
As to claim 10, Fukuda et al. discloses a battery module (100) that accommodates a plurality of cells (1). Fukuda et al. fails to disclose the output density of the battery cells and therefore does not teach a unit that includes two or more battery cells, and each of the two or more battery cells has an output density of 8000 W/L or more.
However, Son teaches a battery module (abstract) comprising lithium-ion battery cells for use in various types of electric vehicles and other high voltage energy storage, etc. ([0008] and [0038]). Each battery cell has a power density greater than about 7000 W/L or more (claim 33) and up to 8800 W/L ([0041]). Meaning, Son teaches that such an output density within a battery cell with favorable charge and discharge power is suitable for various forms of high voltage energy storage ([0008]).
Therefore, it would be obvious to one having ordinary skill in the art at the time the claimed invention was effectively filed; to utilize combine the battery cell of Fukuda with the power density of Son et al. to achieve the output density of each battery cell falling between a range of 8000 W/L to 8800 W/L, thus allowing for excellent charge/discharge power suitable for use [0041] (see MPEP 2144.05, l).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-4 and 6-14 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and of co-pending Application No. 18/489,798 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, claims 1 and 5 of the 798 application recites a battery module, including a plurality of battery cells arranged side by side in a first direction (corresponding to the claimed stack including plurality of battery cells arranged side by side in a first direction), each of the plurality of battery cells having a prismatic shape;
an end plate provided to be arranged side by side with the plurality of battery cells in the first direction; and
a restraint member that restrains the plurality of battery cells and the end plate along the first direction, the restraint member being provided to be arranged side by side with the plurality of battery cells and the end plate in a second direction orthogonal to the first direction, wherein the end plate includes a plate-shaped member,
the plate-shaped member includes a flat surface portion extending orthogonally to the first direction, a flange portion, and a transition portion, the flange portion being provided at an end portion of the plate-shaped member in a third direction orthogonal to the first direction and the second direction, the flange portion protruding from the flat surface portion in the first direction, the transition portion continuously transitioning with a continuous curved surface that has no angular portion from the flat surface portion to the flange portion, the plate-shaped member has a wave shape including a protrusion and a recess (corresponding to the claimed uneven shape) each extending in the second direction, the flat surface portion is provided to be located at the recess, the flange portion is not provided at both end portions of the end plate in the second direction, the flat surface portion extends to a tip in the third direction of the plate-shaped member, and the flat surface portion, the transition portion, and the flange portion are provided to be arranged side by side in the second direction.
wherein the plate-shaped member has a protrusion (corresponding to the claimed abutment portion) and a recess each extending in the second direction and arranged side by side in the third direction, and a protrusion (corresponding to the claimed abutment portion) is in abutment with the case (corresponding to the claimed stack) in the first direction.
Co-pending claims 1 and 5 reads on pending claim 1. The only differences include the existence of a flange portion and transition portion.
Regarding claims 2, 6, 8, 11, and 14; claim 2 of the 798 application further recites: the end plate includes a fastening portion that is provided in the flat surface portion (corresponding to the first portion) adjacent to the transition portion and that is fastened to the restraint member. Regarding claims 3, 7,12 and 14; claim 3 of the 798 application further recites: the fastening portion is provided to be located at each of both end portions of the end plate in the second direction.
Regarding claim 4, 7, 8, 13-14; claim 5 of the 798 application further recites: wherein the plate-shaped member has a protrusion (corresponding to the claimed abutment portion) and a recess each extending in the second direction and arranged side by side in the third direction, and a protrusion (corresponding to the claimed abutment portion) is in abutment with the case (corresponding to the claimed stack) in the first direction.
Regarding claims 9 and 11-14; claim 4 of the 798 application further recites: a case that accommodates the plurality of battery cells, that supports the plurality of battery cells in at least the first direction, and that forms a unit including the plurality of battery cells.
Regarding claim 10, claim 6 of the 798 application further recites: the unit includes two or more battery cells, and each of the two or more battery cells has an output density of 8000 W/L or more.
Regarding claim 11, claim 7 of the 798 application further recites: the end plate includes a fastening portion that is provided in the flat surface portion (corresponding to the first portion) adjacent to the transition portion (corresponding to the claimed plate-shaped member of the instant application’s specification that contains flat surface portion and transition portion adjacent to each other, located at the lower end portion, [0058]) and that is fastened to the restraint member,
a case that accommodates the plurality of battery cells, that supports the plurality of battery cells in at least the first direction, and that forms a unit including the plurality of battery cells.
Regarding claim 14, claim 8 of the 798 application further recites: the end plate includes a fastening portion that is provided in the flat surface portion (corresponding to the first portion) adjacent to the transition portion and that is fastened to the restraint member,
and the fastening portion is provided to be located at each of both end portions of the end plate in the second direction,
a case that accommodates the plurality of battery cells, that supports the plurality of battery cells in at least the first direction, and that forms a unit including the plurality of battery cells.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 5 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of co-pending Application No. 18/489,798 in view of U.S. Patent No. 2018/0138569 (BESSHO).
Regarding claim 5, claim 5 of co-pending Application No. 18/489,798 in teaches battery module compromising an end plate including a plate shape-shaped member, wherein the plate-shaped member has a protrusion (abutment portion) and a recess each extending in the second direction and arranged side by side (adjacent to each other) in the third direction, and the protrusion is in abutment with the case in the first direction.
Claim 5 of Application No. 18/489,798 fails to teach the limitations where each of widths of the abutment portion and the recess in the third direction is changed along the second direction; and the pressing process performed onto the abutment portion having a relatively narrow width.
However, Bessho teaches a power supply device (1) (battery module) compromising an end plate (4) that is formed into a rectangular shape (pressing process) and has been performed onto the metal plate (4A and 4B) (abutment portions) at a relatively narrow width in the third direction [0105] (see annotated fig. 3 above). In terms of the widths of the metal plate (4A and 4B) (abutment portions) and its back surface (recess) in the third direction; annotated fig. 2 above shows the widths changing along the second direction (see above). The motivation for combining the features taught in co-pending Application No. 18/489,798 with the features shown in Bessho’s end plate is to create a plate-shaped member of an end plate that has sufficient strength and rigidity to hold the battery stack [0105]. Furthermore, it would be obvious to one having ordinary skill in the art at the time the claimed invention was effectively filed; to combine the limitations of co-pending Application No. 18/489,798 the features shown in Bessho’s end plate to result in Claim 5.
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/KAYLA L. COSBY/Examiner, Art Unit 1748
/Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748
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