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 .
Election/Restrictions
Applicant’s election of Species A and Sub-Species A1 in the reply filed on 6 July 2026 is acknowledged. The Examiner notes that claims 5 and 6 are generic to the subspecies restriction and therefore have been included in examination below. Claims 1-11 are readable on the elected species. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-5 and 9-11 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “thermally irreversible solid material” in claim 1 is used by the claim to mean (from the instant specification paragraph [0007] as filed) “At this time, since the solid material includes a thermally irreversible material containing water, when the battery has a high temperature, the material does not flow out to the outside unlike a liquid or a gel, and maintains contact with the battery.” while the accepted meaning is “something which cannot change state from a solid by thermal influence.” The term is indefinite because the specification does not clearly redefine the term. It Is unclear what materials qualify as “thermally irreversible solid material”. For the purpose of examination, any solid material which contains water and does not flow and maintains contact with the battery will be considered “thermally irreversible solid material”.
The term “soft” in claim 5 is a relative term which renders the claim indefinite. The term “soft sheet materials” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, any polymer sheet materials will be considered “soft”, absent the disclosure of a hard surface.
Claim 9 recites the limitation "the four batteries" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the plurality of batteries” is taken to include these four batteries.
Claim Rejections - 35 USC § 102
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 and 3-7 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Yasui et al. (US Pub 2011/0274951 newly cited).
In regard to independent claim 1, Yasui et al. teach a battery pack comprising:
one or a plurality of batteries (battery unit 40 of cells 45);
one or a plurality of heat absorbing members 50 adjacent to the one or the plurality of batteries;
and an exterior case (housing 30) that accommodates the one or the plurality of batteries and the one or the plurality of heat absorbing members, wherein the heat absorbing member includes a thermally irreversible solid material (heat absorbing agent 60, such as gelling agent, i.e. gelled water, surface active agents, metal film 52, resin film 56) containing water (such as 55 to 99.5 weight percent of heat absorbing agent 60) and a packaging case covering the solid material (such as at least resin film 54 of outer film 58) (see paragraphs [0050-0053], figure 2 annotated below).
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In regard to claim 3, Yasui et al. teach the battery pack according to claim 1, wherein the packaging case 58 contains a thermoplastic material (paragraph [0052] – such as polyethene terephthalate i.e. PET).
In regard to claim 4, Yasui et al. teach the battery pack according to claim 3, wherein the packaging case includes a soft sheet material formed of a thermoplastic material (paragraph [0052] – such as PET).
In regard to claim 5, Yasui et al. teach the battery pack according to claim 3, wherein the packaging case includes a laminated sheet in which a metal foil (aluminum film 52) is sandwiched between soft sheet materials 54, 56 formed of a thermoplastic material (paragraph [0052] – such as PET).
In regard to claim 6, Yasui et al. teach the battery pack according to claim 1, wherein the battery pack includes a plurality of the batteries, each of the batteries is a cylindrical battery 45, the plurality of the batteries are arranged in such a way that the two batteries are adjacent to each other, and the one or the plurality of heat absorbing members 290 are arranged between the two batteries adjacent to each other (see figure 13, paragraph [0096]).
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In regard to claim 7, Yasui et al. teach the battery pack according to claim 6, wherein the one or the plurality of heat absorbing members 290 include a first arcuate wall extending along an outer peripheral surface of one of the two batteries adjacent to each other, and a second arcuate wall extending along an outer peripheral surface of the other of the two batteries adjacent to each other (see figure 13, paragraph [0096]).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. as applied to claim 1 above, and further in view of Ferrell et al. (USP 9,127,195 newly cited).
In regard to claim 2, Yasui et al. teach the battery pack according to claim 1, which includes gelling agents (paragraph [0051]) but does not specify what gelling agent is used. However, Ferrell et al. teach gelling agents which may be used to control the viscosity of working fluids and the desirability to use gelling agents such as polysaccharides including glucomannan because such are natural an inexpensive material which can be added in small amounts to affect changes in properties to water (columns 6 lines 17-46).
Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to include glucomannan as the gelling agent in the battery pack of Yasui et al. as such is a natural material which can be used as a gelling agent to modify the properties of water as taught by Ferrell et al.
Claim 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. as applied to claim 1 above, and further in view of Wilson (USP 3,537,907 newly cited).
In regard to claim 9, Yasui et al. teach the battery pack according to claim 1, further comprising a plurality of the batteries 45, wherein each of the batteries is a cylindrical battery (see figures below), the plurality of the batteries are arranged in such a way that the three batteries are adjacent to each other, and the one or the plurality of heat absorbing members 290 are arranged at positions surrounded by the three batteries adjacent to each other (paragraph [0096]).
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Claim 9 differs in calling for four batteries. However, Wilson teaches a similar battery unit with heat sink 20 therein, and the ability to use four batteries 12 around a single heat sink unit as such forms a very compact battery unit (see figure below, columns 2-4).
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Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to include four batteries around a single heat sink in the battery pack of Yasui et al. as such forms a compact structure as taught by Wilson. In any event, changes to size and shape of the prior art heat sink are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV).
In regard to claim 10, Yasui et al. and Wilson teach the battery pack according to claim 9, Wilson teach the one or the plurality of heat absorbing members include a first arcuate wall extending along an outer peripheral surface of a first battery among the four batteries adjacent to each other, a second arcuate wall extending along an outer peripheral surface of a second battery among the four batteries adjacent to each other, a third arcuate wall extending along an outer peripheral surface of a third battery among the four batteries adjacent to each other, and a fourth arcuate wall extending along an outer peripheral surface of a fourth battery among the four batteries adjacent to each other (see figures 1 and 3 of Wilson above).
In regard to claim 11, Yasui et al. and Wilson teach the battery pack according to claim 10, Wilson shows the one or the plurality of heat absorbing members, the solid material has a first concave surface along the first arcuate wall, a second concave surface along the second arcuate wall, a third concave surface along the third arcuate wall, and a fourth concave surface along the fourth arcuate wall (figure 1 and 3 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li et al. (US Pub 2020/0287252 newly cited) teaches similar heat absorption structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P D'ANIELLO whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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