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 .
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 5/28/2024 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith.
Drawings
3. The drawings were received on 12/15/2023. These drawings are acceptable.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hartmann et al (US 20160226114 A1).
Regarding claim 1, Hartmann discloses a sleeve (500) (enclosure) wherein an electrochemical cell is encased. Hartmann teaches that the sleeve (500) (enclosure) comprising an inner enclosure configured to include a battery cell (500); an outer enclosure; and a pocket between the inner enclosure and the outer enclosure, the pocket including a phase change material (501) to control a temperature of the battery cell [Fig. 5A; paragraph 0113-0120, 0354].
7. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Robert et al (US 20190221786 A1).
Regarding claim 1, Robert discloses a cell enclosure comprising an enclosure (cell case 104) configured to include a battery cell. the enclosure having and inner (121) and outer (123) enclosures and a pocket (support layer 127, 190) between the inner enclosure and the outer enclosure, the pocket including a phase change material to control a temperature of the battery cell [Fig. 1-3, 9; claims 1, 8].
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. 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.
11. Claim(s) 2-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartmann et al (US 20160226114 A1) as applied in claim 1.
Regarding claim 2, Hartmann teaches that a top surface seamlessly connecting the inner enclosure to the outer enclosure [Fig. 5A]
Regarding claim 3, Hartmann teaches that the inner enclosure, the outer enclosure, and the top surface are a single piece of metal sheet [Fig. 5A; paragraph 0354].
Regarding claim 4, Hartmann teaches that a bottom surface being seamlessly connected to the outer enclosure [Fig. 1, 5].
Regarding claims 5-15, although Hartmann remains silent about the details of the inner and outer enclosure, it is within the technical grasp of a skilled artisan to provide all the attachments claimed and would have been obvious.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/MUHAMMAD S SIDDIQUEE/Primary Examiner, Art Unit 1723
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