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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-10 in the reply filed on 7/22/2026 is acknowledged.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification fails to provide proper antecedent basis for Claim 7. It is noted that Claim 7 was amended to remove the term “vertical” from the limitation “a vertical length” of an electrode. However, the scope of “vertical length of an electrode” is different than “length of an electrode” (i.e. thickness vs length of an electrode).
Drawings
Figure 6 should be designated by a legend such as --Prior Art-- (instead of Related Art) because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference character 1220 is not disclosed in the description. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 8 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.
The term “stretchable and contractible” in Claim 8 is a relative term which renders the claim indefinite. The term 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. In the instant case, all materials have physical properties such as an elongation at break (measures how much a material can stretch before it fractures), compressive strength, Young’s Modulus, etc. For the purpose of evaluating prior art, all materials have a certain degree of stretchability and contractibility.
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.
Claims 1-3, 5, 6, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub. No. 20090186268 (“Song”).
With regards to Claim 1, Song. teaches a cell assembly (100) comprising a case (111b) constituted by a first side frame and a lower frame to define an accommodation space, a battery cell (110) accommodated in the accommodation space, a cover (150) constituted by a second side frame and an upper frame so that the second side frame is coupled to the first side frame, the cover being installed on the case to define an installation space between a lower portion of the upper frame and an upper portion of the battery cell, and an element member (114, 120, 120a, 123, 124, or relevant thereof [0058]) disposed in the installation space and spaced from the upper frame (Abstract, Figs. 1A-1C, [0057], [0058], [0061], and [0062]).
With regards to Claim 2, Song teaches the element member is disposed closer to the battery cell than the upper frame so that a predetermined spaced distance is defined between the upper frame and an element provided in the element member (Figs. 1A and 1C).
With regards to Claim 3, Song teaches the element member comprises a board (120) installed on the battery cell, and the element spaced from the upper frame and installed on the board (Figs. 1A and 1C, [0058]).
With regards to Claim 5, Song teaches a support member (151) having a length greater than that of the element and installed between the board and the upper frame (Figs. 1A and 1C, [0061]).
With regards to Claim 6, Song teaches the support member (151) is integrated with the cover (Figs. 1A and 1C, [0061]).
With regards to Claim 8, as best understood under 112, Song teaches at least a portion of the support member (151) is stretchable and contractible to absorb an impact.
With regards to Claim 9, Song teaches the support member are ribs that are formed inside the cover and support a top surface of the circuit board (Fig. 1C and [0061]). Due to having such structure, Song teaches the support member has a path through which heat is transferred from the element member to the cover.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20090186268 (“Song”) as applied to Claim 2 above, and further in view of JP 2007250204 (“Arikawa”).
Song teaches a predetermined spaced distance between the upper frame and the element as set forth above, however, it does not teach the predetermined spaced distance is in a range of approximately 0.3 to approximately 0.7 mm.
However, Arikawa et al. teaches an element member comprises a board installed on the battery cell and an element spaced from the upper frame and installed on the board, wherein a predetermined spaced distance between its upper frame and the element overlaps with the claimed range of approximately 0.3 to approximately 0.7 mm (i.e. 0-1 mm) (Fig. 2 and [0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the predetermined spaced distance as claimed in order to have enough space to insert the element member and element and be reliably held and fixed without positional deviation [0029].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20090186268 (“Song”) as applied to Claim 5 above, and further in view of US Pub. No. 20010049056 (“Saito et al.”).
Song teaches the support member (151) is integrated with the cover (150) and has a structure that extends from an inner circumferential portion of the second side frame, wherein the length of the support member is greater than a sum of a length of an electrode and a thickness of the board, and wherein a space is defined between a side portion of the board and the second side frame (Fig. 1C, [0056], [0057], [0061], and [0073]).
Song does not teach its support member having a lattice structure.
However, Saito et al. recognizes that ribs having lattice structure provides shock-absorbing capabilities (Abstract, Figs. 1-5 and 8, and [0020]). Therefore, it would have been obvious to one of ordinary skill in the art to have Song’s support member (151) have a lattice structure in order protect the cell, element member, element, and relevant thereof. Further, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20090186268 (“Song”) as applied to Claim 3 above, and further in view of KR 20-0476683 (“KR ‘683”).
Song teaches the board comprises a printed circuit board [0058].
Song does not teach the claimed structure of the printed circuit board and cell assembly.
However, KR ‘683 teaches a board comprising a printed circuit board (120), and the printed circuit board has a hole (H) at a center thereof, and wherein its cell assembly comprises a metal plate (140) having an upper end, which is caught on a top surface of the printed circuit board, and a lower end, which is exposed to a bottom surface of the printed circuit board through the hole so as to be installed on the printed circuit board, and a unit cell (E) disposed under the printed circuit board and comprising a welding part that is welded to at least a partial area of the metal plate, which is exposed through the hole (Figs. 4-7 and Page 3: Lines 1-17).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have Song’s cell assembly have the claimed board and cell assembly structure in order to provide a structural advantage to the cell assembly and safety can be secured (Page 3: Line11-12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
