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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 12/15/2023 and 09/19/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2016/0190526 to Yamada et al. in view of US Patent Application Publication 2020/0259140 to Lee et al.
With respect to claim 1, Yamada et al. teach a battery module to be mounted on a vehicle and fixed to a support member 70b, the battery module comprising: a plurality of laminated cells 22 laminated in a horizontal direction; an intermediate plate 40 provided in an intermediate portion in a lamination direction of the plurality of laminated cells 22; a pair of end plates 28a and 28b provided on both end portions of the plurality of laminated cells 22 in the lamination direction; and a pair of restraining members 58a and 58b facing each other in a first direction orthogonal to the lamination direction and coupled to the pair of end plates 28a and 28b to restrain the plurality of laminated cells 22, wherein each of the laminated cells 22 includes an electrode tab 32a or 32b extending in a second direction orthogonal to the lamination direction and the first direction, a cover plate 46 and 44b of 30a and 30b extending in the lamination direction and surrounding the electrode tab 32a or 32b is provided outward than the plurality of laminated cells in the second direction, the cover plate 46 and 44b of 30a and 30b is coupled to at least one of the intermediate plate 40 or the pair of end plates 28a and 28b, and the cover plate 46 and 44b of 30a and 30b is provided with at least a first fixing portion 50a and a second fixing portion 50a, which fix the battery module to the support member 70b, on one-end side and other-end side in the lamination direction with respect to the intermediate plate 40 (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
Yamada et al. do not specifically teach a battery module comprising battery cells are laminated cells and the cover plate covering the electrode tab is provided outward than the plurality of laminated cells in the second direction.
However, Lee et al. teach a battery module comprising battery cells 110 and a front cover 231 and a rear cover 232 covering the electrode tabs of the battery cells 110 (Lee et al.: Section [0053]; Figs. 1-3).
It would have been obvious as of the effective filing dated of the claimed invention to have modified Yamada et al. with the teaching above from Lee et al. with the motivation of having a means such the cover plates prevent the electrode tabs from any unnecessary physical contact.
With respect to claim 2, Yamada et al. teach the battery module, wherein the cover plate 46 and 44b of 30a and 30b is coupled to at least the pair of end plates 28a and 28b (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
With respect to claim 3, Yamada et al. teach the battery module, wherein coupling portions between the cover plate 46 and 44b of 30a and 30b and each of the pair of end plates 28a and 28b are provided on at least one-end side and other-end side in the first direction (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
With respect to claim 4, Yamada et al. teach the battery module, wherein the intermediate plate 40 includes a fixing portion 52b fixed to the support member 70b via the pair of restraining members 58a and 58b (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
With respect to claim 5, Yamada et al. teach the battery module, wherein the cover plate 46 and 44b of 30a and 30b is coupled to at least the intermediate plate 40, and the intermediate plate 40 includes a fixing portion 52b fixed to the support member 70b via the pair of restraining members 58a and 58b (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
With respect to claim 6, Yamada et al. teach the battery module, wherein the first fixing portion 50a and the second fixing portion 50a of the cover plate 46 and 44b of 30a and 30b and the fixing portion 52b of the intermediate plate 40 each have a through hole through which a fastening member 54 is insertable in the first direction (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
Yamada et al. do not specifically teach a diameter of the through hole provided in each of the first fixing portion 50a and the second fixing portion 50a is smaller than a diameter of the through hole provided in the fixing portion 52b of the intermediate plate 40.
Changes in size and proportion of a known element have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 7, Yamada et al. teach the battery module, wherein the first fixing portion 50a and the second fixing portion 50a of the cover plate 46 and 44b of 30a and 30b and the fixing portion 52b of the intermediate plate 40 each have a through hole through which a fastening member 54 is insertable in the first direction, and a diameter of the through hole provided in each of the first fixing portion 50a and the second fixing portion 50a is smaller than a diameter of the through hole provided in the fixing portion 52b of the intermediate plate 40 (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
Yamada et al. do not specifically teach a diameter of the through hole provided in each of the first fixing portion 50a and the second fixing portion 50a is smaller than a diameter of the through hole provided in the fixing portion 52b of the intermediate plate 40.
Changes in size and proportion of a known element have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 8, Yamada et al. teach the battery module, wherein the cover plate 46 and 44b of 30a and 30b is coupled to at least the intermediate plate 40, and the cover plate 46 and 44b of 30a and 30b further includes a third fixing portion provided between the first fixing portion and the second fixing portion (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
With respect to claim 9, Yamada et al. do not specifically teach the battery module, wherein the third fixing portion is provided at a position overlapping the intermediate plate as viewed in the second direction, the first fixing portion, the second fixing portion, and the third fixing portion of the cover plate each have a through hole through which a fastening member is insertable in the first direction, and a diameter of the through hole provided in each of the first fixing portion and the second fixing portion is smaller than a diameter of the through hole provided in the third fixing portion.
However, it would have been obvious as of the effective filing dated of the claimed invention to have the third fixing portion is provided at a position overlapping the intermediate plate as viewed in the second direction, the first fixing portion, the second fixing portion, and the third fixing portion of the cover plate each have a through hole through which a fastening member is insertable in the first direction since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The particular rearrangement of the third fixing portion was held to be an obvious matter of design choice. In In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Yamada et al. do not specifically teach a diameter of the through hole provided in each of the first fixing portion and the second fixing portion is smaller than a diameter of the through hole provided in the third fixing portion.
Changes in size and proportion of a known element have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 10, Yamada et al. teach the battery module, wherein the first fixing portion 52b and the second fixing portion 52b of the cover plate 46 and 44b of 30a and 30b are provided respectively at positions overlapping the pair of end plates 28a and 28b as viewed in the second direction (Yamada et al.: Sections [0028]-[0039] and [0053]-[0056]; Figs. 1-4 and 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINGWEN R ZENG whose telephone number is (571)272-6649. The examiner can normally be reached 8am-5pm.
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/LINGWEN R ZENG/Examiner, Art Unit 1723 8/7/2026
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