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 .
Claims 1-6 are pending in application.
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 1-6 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.
Regarding claim 1, Applicant recites “A battery pack provided with a fire protection materials (FPM) sheet, the battery pack comprising […]” in the preamble of the claim. Because the claimed battery pack is “provided with” an FPM sheet and the FPM sheet is not referred to in the body of the claim, the preamble appears to refer to the intended use of the battery pack without the FPM sheet. It is therefore unclear whether or not the following claim limitations refer to the combination of the battery pack and FPM sheet or whether they are directed to the battery pack only (e.g. to be combined in a separate process step) (see MPEP 2111.02 II).
Claims 2-6, which depend on claim 1, are similarly rejected.
Regarding claim 4, Applicant recites “[…] a space apart from an inner wall […]”. It is unclear whether the recited element “space” may include a space occupied by another structural component not. For the purposes of examination, the broadest reasonable interpretation (BRI) has been considered to include an empty space or a space occupied by a structural component.
Claims 5-6, which depend on claim 4, are similarly rejected.
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 (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.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogura (US PG Pub 2022/0336895 A1).
Regarding claim 1, Ogura discloses a battery pack (para. [0008], ref. 4, Fig. 2) provided with flame-resistant members (para. [0012], ref. 48 and 50, Fig. 8). The battery pack comprises a battery block (para. [0012], ref. 34 and 36, Fig. 6) which contain a plurality of battery cells (para. [0013], ref. 56 and 58, Fig. 7) electrically connected to one another (para. [0056] - [0057]). Ogura also discloses a clamshell battery case comprised of a front-side casing (shell) (para. [0054], ref. 22, Fig. 2) and a rear-side casing (ref. 24, Fig. 2) which collectively define an accommodating space for the battery block (para. [0061], Fig. 9). Ogura further discloses a wing portion (see image of Fig. 8 below) on the flame-resistant members adjacent to the battery case which are bent so as to cover at least four sides of the battery block.
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Regarding claim 2, Ogura discloses an upper (para. [0054], ref. 24, Fig. 2) and lower case (ref. 22, Fig. 2) coupled to face one another and seal the accommodating space. The flame-resistant members are comprised of right sheets (48b and 50b, Fig. 8) and left sheets (48c and 50 c, Fig. 8) which constitute upper fire protection materials sheets adjacent to the upper case (ref. 24, Fig. 2) and lower sheets (48a and 50a, Fig. 8) constituting lower fire protection materials sheets adjacent to the lower case (ref. 22, Fig. 9).
Regarding claim 3, the lower fire protection materials sheets (para. [0063], ref. 48a and 50a) comprise through holes (ref. 48d and 50d, Fig. 8) to accommodate screw bosses (para. [0064], ref. 104 and 106, Fig. 10) protruding from the battery block (see Fig. 10).
Regarding claim 4, the lower fire protection materials sheets (para. [0063] – [0064], ref. 48a and 50a) comprise a space apart from the inner wall of the battery case (ref. 68, Fig. 9) due to the presence of ribs (ref. 92, Fig. 9) on the inner case wall. Furthermore, the wing portion (see image of Fig. 8 and related description above) is bent such that a space apart from the battery block is formed from the right fire protection material sheets (48b and 50b, Fig. 8) and left fire protection material sheets (48c and 50 c, Fig. 8) (see image of Fig. 6 below).
Regarding claim 5, Ogura discloses the battery block comprising a first boss (screw bosses) (para. [0064], ref. 104 and 106, Fig. 10) which pass through the lower fire protection material sheet via through holes (para. [0063], 48d and 50d, Fig. 8) and couple with second bosses on the battery case (fastening bosses) (ref. 96 and 98, Fig. 10) coupled to the first bosses. The fire protection materials sheet is hence installed in a structure pressed in a sandwich form between the positioning bosses (ref. 108 and 110, Fig. 10) and the case body (ref. 22, Fig. 10) by the first and second bosses (screw boss and fastening bosses respectively).
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Regarding claim 6, Ogura discloses the first (screw) boss comprising a penetrating portion (para. [0064], ref. 104, Fig. 10) which penetrates the lower fire protection materials sheet via through holes (para. [0063], ref. 48d and 50d, Fig. 10) and a pressing portion (positioning boss (ref. 108 and 110, Fig. 10) integrally connected to the screw boss (ref. 104 and 106) through the cell holder structure (para. [0064], ref. 60 and 62, Fig. 10)) which presses the lower fire protection materials sheet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW JON MCMULLEN whose telephone number is (571)270-0127. The examiner can normally be reached 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at (571) 272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.M./
Nathan A McMullen
Examiner, Art Unit 1788
6/22/26
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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