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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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.
(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.
Claims 1-7 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukuda et al (EP 4489198 A1). This prior art reference cited to as Fukuda hereinafter in this Office Action.
Regarding claim 1, Fukuda discloses a support structure (800 Fig. 17; “a battery pack 800” [0076]), comprising:
a first bracket (the 10H disposed on the righthand side of Fig. 17; “housing 10H” [0077]) comprising a plurality of first alignment hole groups (plurality of 24 disposed on the righthand side housing 10H of Fig. 17; “a rod fixing portion 24” [0045]);
a second bracket (the housing 10H disposed on the lefthand side of Fig. 17) detachably connected to the first bracket (“One rod body 30H on the near side in the figure is provided at its end with a protrusion 34, and the other rod body 30H on the far side in the figure is provided at the center of its end with a rod fixing portion 24 for holding the protrusion 34 of the opposing rod body 30H. This configuration allows the secondary battery cells 1 to be held around the rod body 30H.” [0076]) along a first axis (Fig. 17 indicates that the translational movement of the pair of housings 10H to the held position of the battery pack occurs along the length of the battery cells 1, which then corresponds to the claimed first axis), wherein the second bracket comprises a plurality of second alignment hole groups (plurality of rod fixing portions 24 disposed on the lefthand side housing 10H shown in Fig. 17), and the second bracket is adapted to slide relative to the first bracket along the first axis to change a length of the support structure along the first axis (Fig. 17 indicates that the translational movement of the pair of housings 10H to the held position of the battery pack, which occurs relative to one another of the pair of housings 10H and a change of length of the battery pack is inherent of moving any one of the pair of housings 10H relative to the other); and
at least one elastic member detachably connected to the first bracket and the second bracket (50 Fig. 16; “fixing members” [0074]),
wherein when the second bracket is connected to the first bracket, at least one of the first alignment hole groups is aligned with at least one of the second alignment hole groups to form at least one insertion space (Fig. 17 indicates that the plurality of rod fixing portions 24 on each of the housings 10H align with each other when joining the pair of housings 10H together), and a portion of each of the at least one elastic member is located in the corresponding at least one insertion space and connected to the first bracket and the second bracket (“The rod body 30 is provided at each of its ends with a protrusion 34 corresponding to the rod fixing hole. The protrusions 34 are respectively inserted into the rod fixing holes of the end plates 20 to fix the rod body 30 with the end plates 20 at the both ends in the longitudinal direction of the rod body 30.” [0045]).
Regarding claim 2, Fukuda discloses the support structure with all the features set forth in claim 1 above, and wherein the first bracket comprises a first head portion (20G Fig. 16 or 20H Fig. 17 disposed on the housing 10H of the righthand side of the figure; “a pair of end plates” [0074] and [0076]) and a first neck portion that are connected to each other (the housing 10H disposed on the righthand side of the figure; “ends of the housing 10 is closed by an end plate 20” [0044]), the second bracket comprises a second head portion (20G Fig. 16 or 20H Fig. 17 disposed on the housing 10H of the lefthand side of the figure) and a second neck portion that are connected to each other (the housing 10H disposed on the lefthand side of the figure), the second neck portion is connected to the first neck portion along the first axis (Fig. 17 indicates that the pair of 10H are designed to join each other), and when the second bracket is connected to the first bracket, the second neck portion is connected to the first neck portion (Fig. 17 shows a claw disposed on each of the pair of housings 10H, which are “to be engaged with or press-fitted” [0044]).
Regarding claim 3, Fukuda discloses the support structure with all the features set forth in claim 2 above, and wherein each of the first alignment hole groups comprises two first openings corresponding to each other (Fig. 17 shows that the plurality of rod fixing portions 24 disposed in the housing 10H of the righthand side of the figure are aligned to each other along the centerline of the housing), each of the second alignment hole groups comprises two second openings corresponding to each other (Fig. 17 shows that the plurality of rod fixing portions 24 disposed in the housing 10H of the lefthand side of the figure are aligned to each other along the centerline of the housing), the first alignment hole groups are located at the first neck portion (Fig. 17 shows that the plurality of rod fixing portions 24 disposed in the housing 10H of the righthand side of the figure are located on the housing 10H), and the second alignment hole groups are located at the second neck portion (Fig. 17 shows that the plurality of rod fixing portions 24 disposed in the housing 10H of the lefthand side of the figure are located on the housing 10H).
Regarding claim 4, Fukuda discloses the support structure with all the features set forth in claim 2 above, and wherein a width of the first neck portion is greater than a width of the second neck portion (rod fixing portion 24 of the righthand side housing 10H has a larger diameter than protrusion 34 of the lefthand side housing 10H shown in Fig. 17), and when the second bracket is connected to the first bracket, at least a portion of the second neck portion is disposed through the first neck portion (“One rod body 30H on the near side in the figure is provided at its end with a protrusion 34, and the other rod body 30H on the far side in the figure is provided at the center of its end with a rod fixing portion 24 for holding the protrusion 34 of the opposing rod body 30H.” [0076]).
Regarding claim 5, Fukuda discloses the support structure with all the features set forth in claim 2 above, and wherein when the support structure is in a first state, the second neck portion of the second bracket completely extends into the first neck portion of the first bracket (“One rod body 30H on the near side in the figure is provided at its end with a protrusion 34, and the other rod body 30H on the far side in the figure is provided at the center of its end with a rod fixing portion 24 for holding the protrusion 34 of the opposing rod body 30H.” [0076] where Fig. 17 shows the housing 10H on the lefthand side of the figure has the protrusion 34, which is to be completely inserted into rod fixing portion 24 disposed on the housing 10H on the righthand side of the figure and “The pair of end plates 20G are connected to each other with fixing members 50, such as bolts.” [0074] and “a pair of rod bodies 30H are respectively fixed to a pair of end plates 20H” [0076]), and when the support structure is in a second state, a portion of the second neck portion of the second bracket extends into the first neck portion of the first bracket (a corresponding second state is the disclosed battery pack without fixing members 50 such that the rod bodies 30H are not completely fixed to the pair of end plates 20H).
Regarding claim 20, Fukuda discloses the support structure with all the features set forth in claim 1 above, and wherein the first bracket comprises at least one first limiting groove (rod fixing portion 24 disposed in the righthand side housing 10H of Fig. 17), the second bracket comprises at least one first limiting member (protrusion 34 disposed on the lefthand side housing 10H of Fig. 17), and when the second bracket is connected to the first bracket, at least a portion of the at least one first limiting member is located in the corresponding at least one first limiting groove (“One rod body 30H on the near side in the figure is provided at its end with a protrusion 34, and the other rod body 30H on the far side in the figure is provided at the center of its end with a rod fixing portion 24 for holding the protrusion 34 of the opposing rod body 30H.” [0076]).
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 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 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (EP 4489198 A1) in view of Conway et al (US 2011/0297694 A1). The latter prior art reference cited as Conway hereinafter in this Office Action.
Regarding claim 8, Fukuda discloses the support structure with all the features set forth in claim 1 above, but does not disclose it further comprising an auxiliary member detachably connected to the first bracket, wherein the auxiliary member comprises a plurality of first auxiliary apertures and a plurality of second auxiliary apertures, and the first auxiliary apertures correspond to the second auxiliary aperture.
Conway discloses a support structure (“a dispenser” [0051]) a first bracket (260 Fig. 12; “a top housing” [0068]), and a second bracket (280 Fig. 12; “a refill housing” [0068]) detachably connected to the first bracket (“the top housing 260 is positioned on top of the refill housing 280 such that the underside (not shown) of the top panel 262 rests on the topmost refill cloth 288, the topmost refill cloth 288 will contact the underside of the top panel 262 of the top housing 260” [0074]) along a first axis (the vertical direction along the height of the disclosed dispenser shown in Fig. 12).
Conway teaches the support structure further comprises an auxiliary member detachably connected to the first bracket (220 Fig. 12; “a bottom housing” [0068]), wherein the auxiliary member comprises a plurality of first auxiliary apertures and a plurality of second auxiliary apertures (“base trim 224 is designed to fit snugly around the bottom edge of the bottom sidewall 222” [0069] where the bottom edge of the bottom sidewall 222 corresponds to the auxiliary apertures disposed respectively in the halves of disclosed auxiliary member where Fig. 13 shows a reduced perimeter on the bottom portion of the bottom sidewall 222), and the first auxiliary apertures correspond to the second auxiliary aperture (the bottom edge of each halve of the bottom sidewall 222 shown in Fig. 13 are aligned with each other).
Conway further teaches that providing the auxiliary member that detachably connects to the first bracket aids in positioning the other sections of the support structure ([0069]) and forms a structure between the two where limiting members of the first bracket slidably engages with auxiliary grooves of the auxiliary member such that the first bracket is firmly lifted up with the auxiliary member to easily access the second bracket ([0085]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add an auxiliary member detachably connected to the first bracket of the support structure of Fukuda in view of Conway, wherein the auxiliary member comprises a plurality of first auxiliary apertures and a plurality of second auxiliary apertures, and the first auxiliary apertures correspond to the second auxiliary aperture, in order to achieve a means to position all the sections of the support structure along the first axis and a means to easily access the second bracket.
Regarding claim 9, modified Fukuda discloses the support structure with all the features set forth in claim 8 above, and wherein the auxiliary member is connected to the first bracket (Conway “top housing 260 includes a top panel 262 … top panel 262 also includes a guide pin 270 for slidably engaging guide slot 228 on the bottom sidewall 222” [0070]), and the second bracket is connected to the first bracket (Fukuda “One rod body 30H on the near side in the figure is provided at its end with a protrusion 34, and the other rod body 30H on the far side in the figure is provided at the center of its end with a rod fixing portion 24 for holding the protrusion 34 of the opposing rod body 30H. This configuration allows the secondary battery cells 1 to be held around the rod body 30H.” [0076]), at least one of the first alignment hole groups, at least one of the second alignment hole groups, at least one of the first auxiliary apertures, and at least one of the second auxiliary apertures are aligned with one another to form the corresponding at least one insertion space (Fukuda Fig. 17 indicates that the plurality of rod fixing portions 24 on each of the housings 10H align with each other when joining the pair of housings 10H together and Conway bottom edge of each halve of the bottom sidewall 222 shown in Fig. 13 are aligned with each other), and a portion of the at least one elastic member is located in the corresponding at least one insertion space (Fukuda “The rod body 30 is provided at each of its ends with a protrusion 34 corresponding to the rod fixing hole. The protrusions 34 are respectively inserted into the rod fixing holes of the end plates 20 to fix the rod body 30 with the end plates 20 at the both ends in the longitudinal direction of the rod body 30.” [0045]).
Regarding claim 10, modified Fukuda discloses the support structure with all the features set forth in claim 8 above, and wherein the first bracket comprises a first head portion and a first neck portion that are connected to each other (Fukuda Fig. 17 shows that 20H and 10H are designed to be connected to each other), and the auxiliary member is detachably connected to the first neck portion of the first bracket (Conway bottom sidewall 222 shown in Fig. 13 is shown to connect to the corresponding first bracket at a reduced perimeter of the first bracket, which reads upon the limitations of the claimed first neck portion).
Regarding claim 11, modified Fukuda discloses the support structure with all the features set forth in claim 8 above, and wherein the auxiliary member comprises a first auxiliary member and a second auxiliary member (Conway Fig. 13 shows that the bottom sidewall 222 comprises of two identical halves), the first auxiliary member and the second auxiliary member are detachably connected to the first bracket along a second axis (Conway Fig. 13 shows that the halves of bottom sidewall 222 connects to the top housing 260 along the horizontal direction along the depth dimension of the disclosed dispenser 10), and when the first auxiliary member and the second auxiliary member are connected to the first bracket, at least a portion of the first bracket is located between the first auxiliary member and the second auxiliary member (Conway Fig. 17 shows that the portion of top housing 260 that is of a reduced perimeter is located between the halves of the bottom sidewall 222), and the first axis is perpendicular to the second axis (Conway Fig. 13 shows that the height dimension and the depth dimension of the disclosed dispenser 10 are perpendicular to each other).
Regarding claim 12, modified Fukuda discloses the support structure with all the features set forth in claim 11 above, and the first auxiliary member comprises a second limiting groove, and the second auxiliary member comprises a third limiting groove (Conway Fig. 12 shows that the halves of bottom sidewall 222 form ‘228’ when connected to each other – “guide slot” [0069]).
Modified Fukuda does not disclose wherein the first bracket comprises two second limiting members, and when the first auxiliary member and the second auxiliary member are connected to the first bracket, one of the two second limiting members is at least partially located in the second limiting groove, and the other of the two second limiting members is partially located in the third limiting groove.
However, Conway further teaches wherein the first bracket comprises two second limiting members (270 Fig. 12 where a pair of guide slots 228 shown in bottom sidewall 222 correspond to 270; “guide pin” [0070]), and when the first auxiliary member and the second auxiliary member are connected to the first bracket, one of the two second limiting members is at least partially located in the second limiting groove, and the other of the two second limiting members is partially located in the third limiting groove (“guide pin 270 for slidably engaging guide slot 228 on the bottom sidewall 222” [0070]). Conway teaches that these features implemented on the first bracket enables efficient lifting of the first bracket with the auxiliary member for easy access to the second bracket ([0085]).
Therefore, it would have been obvious for the person of ordinary skill in the art to add two second limiting members to the first bracket of the support structure of modified Fukuda in further view of Conway, wherein when the first auxiliary member and the second auxiliary member are connected to the first bracket, one of the two second limiting members is at least partially located in the second limiting groove, and the other of the two second limiting members is partially located in the third limiting groove, in order to achieve a means of efficiently lifting the first bracket with the auxiliary member off of the second bracket for easy access to the second bracket.
Regarding claim 13, modified Fukuda discloses the support structure with all the features set forth in claim 12 above, and wherein when the support structure is in a first state, one of the two second limiting members is completely located in the second limiting groove, and the other of the two second limiting members is completely located in the third limiting groove (Conway “he guide pin 270 on the top sidewall 264 is slidably engaged with the guide slot 228 on the bottom side wall 222 such that the top housing 260 slides down into the bottom housing 220 until it rests” [0086]), and when the support structure is in a second state, one of the two second limiting members is located in the second limit groove, and the other of the two second limiting members is located in the third limiting groove (Conway “The guide pin 270 may be movable inward for releasing the top housing 260 from the bottom housing 220” [0070]).
Regarding claim 14, modified Fukuda discloses the support structure with all the features set forth in claim 11 above, and wherein the first auxiliary apertures are located on the first auxiliary member, and the second auxiliary apertures are located on the second auxiliary member (Conway the bottom edge of reduced perimeter is shown to be disposed on each halve of the bottom sidewall 222 in Fig. 13).
Regarding claim 15, modified Fukuda discloses the support structure with all the features set forth in claim 8 above, and wherein each of the at least one elastic member (Fukuda “pair of end plates 20G are connected to each other with fixing members 50, such as bolts” [0074]) comprises an elastic member body (the longitudinal middle portion of 50 shown in Fukuda Fig. 16), two elastic arms (Fukuda Fig. 16 shows the top portion of bolt/fixing member 50 that extends in two opposing directions), and two hook portions (Fukuda Fig. 16 shows the bottom portion of bolt/fixing member 50 that comprises of threading and extends in two opposing directions), the two elastic arms are connected to the elastic member body (Fukuda Fig. 16 shows that the top portion and the middle portion of 50 are connected to each other), the two hook portions are respectively connected to the corresponding two elastic arms (Fukuda Fig. 16 shows that the bottom portion and the top portion of 50 are indirectly connected to each other through the middle portion), and the two hook portions are adapted to be engaged with the auxiliary member (Conway “base trim 224 is designed to fit snugly around the bottom edge of the bottom sidewall 222” [0069] such that the corresponding auxiliary member added to the disclosed support structure of Fukuda would engage with the head portion of the second bracket, which is engaged with the corresponding elastic member from Fukuda “protrusions 34 are respectively inserted into the rod fixing holes of the end plates 20 to fix the rod body 30 with the end plates 20 at the both ends in the longitudinal direction” [0045]).
Regarding claim 16, modified Fukuda discloses the support structure with all the features set forth in claim 15 above, and wherein when the at least one elastic member is connected to the first bracket, the second bracket, and the auxiliary member, the two hook portions are exposed to the auxiliary member (Fukuda Fig. 16 shows that fixing member/bolt 50 has a length sufficient enough for the bottom distal end to be exposed to all sections of the disclosed support structure).
Regarding claim 17, modified Fukuda discloses the support structure with all the features set forth in claim 15 above, and wherein the auxiliary member comprises the first auxiliary apertures and the second auxiliary apertures, each of the first auxiliary apertures comprises an inner wall (Conway Fig. 13 shows the bottom edge of each of the halves of the bottom sidewall 222 comprises of a wall), and when each of the at least one elastic member is connected to the auxiliary member, the elastic member body abuts the inner wall (Fukuda Fig. 17 shows a rod fixing portion 24 to be disposed on an edge portion of the end plate 20H of the lefthand side of the figure such that the modification of the support structure Fukuda in view of Conway would dispose the bottom edge of the bottom sidewall 222 taught in Conway to adjacent to the hook portion of the fixing member/bolt 50 disclosed in Fukuda).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (EP 4489198 A1) in view of Chan (US 2012/0219846 A1).
Regarding claim 18, Fukuda discloses the support structure with all the features set forth in claim 1 above, but does not disclose the support structure further comprising two expansion members, wherein the two expansion members are connected to the first bracket and the second bracket respectively, a width of each of the two expansion members along a second axis is greater than a width of the first bracket along the second axis and is greater than a width of the second bracket along the second axis, and the first axis is perpendicular to the second axis.
However, Chan discloses a support structure (Figs. 1-7; “a battery cell support” [0035]) a first bracket (1 Fig. 7; “battery cell support member” [0035]), and a second bracket (1’ Fig. 7; “identical battery cell support member” [0035]) detachably connected to the first bracket (“hook 2 of the battery cell support member 1' is snap fitted to the protruding portion 3 of the battery cell support 1” [0036]) along a first axis (“battery cell supports are connected in the longitudinal or vertical direction” [0010]).
Chan teaches the support structure further comprising two expansion members (13 Fig. 7; “hooks like 13, 13'” [0038]), wherein the two expansion members are connected to the first bracket and the second bracket respectively (“disposed on the positive strap 11 and/or the negative
strap 12 at their edges” [0038] where “a positive electrical contact strap 11 and a negative electrical contact strap 12 are arranged at respective ends of the battery cell Support, i.e., at the positive electrode ends and negative electrode ends of the battery cells.” [0038]), a width of each of the two expansion members along a second axis (width of hook 13 shown in Fig. 6) is greater than a width of the first bracket along the second axis (width of ‘14’ shown in Fig. 6; “slots” [0038]) and is greater than a width of the second bracket along the second axis (the width of the corresponding slot 14 disposed in the bottom support member 1’ shown in Fig. 6), and the first axis is perpendicular to the second axis (Fig. 7 shows that hook 13 is inserted into support members 1 and 1’ in the horizontal direction, which is perpendicular to the vertical direction or the longitudinal direction of the battery cells 8).
Chan further teaches that the expansion members are set and snap fitted into the width of the first bracket and the width of the second bracket for two or more battery cell modules to be connected together along the second axis and to be assembled in a number of different ways in the three-dimensional space like building blocks ([0041]). This allows a flexible assembling method of the battery module that enables battery modules to be formed in irregular shapes for the battery module to be fit in any shaped or dimensioned container ([0041]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add two expansion members and widths of the first bracket and of the second bracket to the support structure of Fukuda in view of Chan, wherein the two expansion members are connected to the first bracket and the second bracket respectively, a width of each of the two expansion members along a second axis is greater than a width of the first bracket along the second axis and is greater than a width of the second bracket along the second axis, and the first axis is perpendicular to the second axis, in order to achieve a means to assemble a module comprising two or more support structures connected to each other into irregular shapes that can be fit into any shaped or dimensioned containers.
Regarding claim 19, modified Fukuda discloses the support structure with all the features set forth in claim 18 above, and wherein the first bracket comprises a first head portion and a first neck portion that are connected to each other (Fukuda Fig. 17 shows that 20H and 10H are designed to be connected to each other).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Mondays through Thursdays generally from 12 PM to 5 PM Eastern Time.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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