Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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 .
Joint Inventors
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(s) 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.
Election/Restrictions
Applicant's election with traverse of Group 3 and Species A, claims 9-12 and 16-18 in the reply filed on 7/31/2026 is acknowledged. The traversal is on the ground(s) that “Species A and Species D are not directed to different species of the battery pack” and “the inner fins in Species D extend in parallel to the length direction of a second battery cell, corresponding to the limitation "an inner surface having a plurality of inner fins facing the second battery cell ... or extending in parallel to the length direction" as recited in claim 9”. This is not found persuasive because the restriction of species was not based on the language of claim 9, but instead on the figures. Notably Figs. 6-8 show "the inner fins 16 is a planar portion (rib) that is perpendicular to the left-right direction and extends in the front-back direction" [0039] and "the inner connecting portions 17 … extends in the left-right direction and connects the inner fins 16" [0039]. In contrast Figs. 15-17 show "Each of the inner fins 26 and each of the partition ribs 27 are planar portions (ribs) that are perpendicular to the front-back direction and extend in the left-right direction (length direction of the battery cell)" [0066]. Furthermore, the two groups of figures are described as different embodiments per [0030] and [0062].
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-8 and 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/31/2026.
Claim Objections
Claim 16 is objected to because of the following informalities: “a side opposite to the plurality of inner fins is a flat surface” should read “the side…”. Appropriate correction is required.
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.
Claim 12 is 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.
Claim 12 recites the limitation “the inner fin” and is in the singular form, which lacks antecedent basis. Claim 10 establishes inner fins plural. As such it is unclear if a single fin of the plurality of fins must be in a range, or all inner fins.
Claim 12 recites the limitation “a range” and it unclear how central an inner fin or the inner fins must be to be within a range comprising center portions.
Claim 12 recites the limitation "a range comprising center portions in a length direction of the plurality of battery cells in the length direction of the plurality of battery cells". The phrase “length direction of the plurality of battery cells” is repeated, it is unclear how the repetition alters the direction and/or location of the inner fin(s).
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 9-12 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TENNISON (US 20140272516 A1).
TENNISON Figs. 43 and 45 below with examiner annotations.
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Regarding claim 9, TENNISON discloses a battery pack (battery pack 10), comprising:
a plurality of battery cells, comprising a first battery cell and a second battery cell (plural battery cells 50);
a separator, supporting the plurality of battery cells (battery harness 178/378 as shown in Figs. 22 and 48);
and a case, accommodating the plurality of battery cells and the separator (housing 12/312 which encompasses multiple components such as top housing portion 14/314 and bottom housing portion 16/316),
wherein the separator is configured to cover upper portions of the plurality of battery cells and expose lower portions of the plurality of battery cells (battery harness 178/378 as shown in Figs. 22 and 48),
and the case comprises
an inner surface having a plurality of inner fins facing the second battery cell and extending in a direction intersecting a length direction of the second battery cell or extending in parallel to the length direction (structures reading on fins create recesses, as shown in at least Fig. 45 where “interior surface 368 may also includes an upper plurality of recesses 374” [0137]), and an inner surface portion facing the first battery cell and parallel to a length direction of the first battery cell (concave receiving bay 372 of the most rear cell of Fig. 45; furthermore TENNISON teaches with and without recesses as shown in comparison of figures such as Fig. 5 and 45),
and an outer surface having an outer surface portion located on a side opposite to the plurality of inner fins (portions of housing 312 as shown in Fig. 43 which are opposite the recesses of Fig. 45) and a plurality of outer fins located on a side opposite to the inner surface portion (portions of housing 312 as shown in Fig. 43 which are opposite the concave receiving bay 372 of the most rear cell of Fig. 45).
Regarding claim 10, TENNISON discloses a contact portion that makes surface contact with a side surface of the first battery cell along the side surface of the first battery cell is formed on the inner surface portion (as shown in Figs. 46-48),
and each of the plurality of inner fins has a shape with a tip along a side surface of the second battery cell, and supports exposed portions of the plurality of battery cells that are not covered by the separator (as shown in Figs. 46-48).
Regarding claim 11, TENNISON discloses the plurality of outer fins are configured to extend in a direction intersecting a length direction of the first battery cell or to extend in parallel to the length direction (as shown in Fig. 43).
Regarding claim 12, TENNISON discloses the inner fin is formed in a range comprising center portions in a length direction of the plurality of battery cells in the length direction of the plurality of battery cells (the inner fins are present in both central portions of the individual cells as well as the central portion of the cells as a group, as shown in Fig. 45).
Regarding claim 16, TENNISON discloses a portion of an outer surface of the case on a side opposite to the plurality of inner fins is a flat surface (as shown in Fig. 43).
Regarding claim 17, TENNISON discloses each of the plurality of battery cells has a cylindrical shape, and tips of the plurality of inner fins are formed in arc-like shapes along the cylindrical shape (as shown in Fig. 45).
Regarding claim 18, TENNISON discloses an electrical device, comprising: the battery pack according to claim 9; and an electrical device body having a battery pack mounting portion for mounting the battery pack (“power tools that may be used with the battery pack include, but is not limited to, drills” [0093]).
Conclusion
The prior art made of record and not relied upon considered pertinent to applicant's disclosure:
Glasgow (US 20140272517 A1) directed to a battery pack with outer projections 72 and inner projections 292.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS L MARTIN whose telephone number is (703)756-5449. The examiner can normally be reached M-F, 8am-5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303)297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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