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 .
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the through-holes 41 or the through-holes 42 can serve as a pathway for discharging high-temperature smoke, the bracket discharge holes are configured to allow the high-temperature smoke to be timely discharged from the accommodating cavity of the box”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The through holes of the prior art, while intended to have elements pass through them, are reasonably considered “discharge holes” as required by the instant claims as the holes are capable of discharging gas from the assembly, such as by removing the fasteners or tabs which pass through the holes in the event of battery failure and overheating of the cells. In response to applicant's argument that prior art does not envision smoke being discharged from the though holes in the tab bracket, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Therefore, the rejection is maintained, and this action is FINAL.
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.
(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 1-9 and 12-20 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Sakai et al. (US Pub 2018/0212214 corresponds to USP 10,734,617 cited in IDS).
In regard to claim 1 and 19, Sakai et al. teach a battery pack (such as for a power tool – see title) including a battery module, comprising: a plurality of cells 10, wherein the plurality of cells are stacked to form a cell assembly; and an outer frame (holder 20), comprising a bottom plate (opposite top cover), a top cover (see annotated figure 2 below), and an outer surrounding plate, wherein the bottom plate and the top cover are respectively disposed at a bottom portion and a top portion of the outer surrounding plate, the outer surrounding plate comprises two opposite side plates (annotated figure below) and two opposite end plates (see figure 1 for both end plate surfaces 20, 70), the two end plates are arranged at intervals in a length direction of the side plates, the two end plates, the two side plates, the bottom plate, and the top cover surround and form an accommodating cavity together, the cell assembly is disposed in the accommodating cavity, and the top cover is provided with heat dissipation holes 21a (see paragraphs [0061-0071] for first embodiment, figures 1-6 most relevant; see also paragraph [0121] related to another embodiment shown in figure 32, where holes 621a are specifically described as heat dissipating holes).
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In regard to the amendment, wherein an inner side wall of each of the two side plates is provided with a discharge channel (annotated figure 2 below, paragraph [0070]), and each of the two end plates is provided with an end discharge hole (figure 1B shows holes in one end plate 20, Figure 9 – paragraph [0085] describes holes 72 in the other endplate 70),
further comprising a tab bracket (cover 40 for tabs 51), the tab bracket is located in the accommodating cavity and between one of the two end plates 70 and the cell assembly 10, tabs 51 of the cells protrude from the tab bracket 40, the tab bracket is provided with a plurality of bracket discharge holes (through holes 41 and 42), and the bracket discharge holes are provided in one-to-one correspondence with the end discharge holes 72 (figure 2, 5, 9 etc. – paragraphs [0070-0085]).
In regard to claim 2, one end of the cell assembly is provided with an output terminal (on circuit board 60, external positive and negative terminals 63a 63b, paragraph [0079], figure 6), the heat dissipation holes 21a comprise first heat dissipation holes, and one end of the top cover away from the output terminal is provided with the first heat dissipation holes (all/both ends are provided with heat dissipation holes as seen figure 2 above).
In regard to claim 3, the heat dissipation holes further comprise second heat dissipation holes and third heat dissipation holes, the second heat dissipation holes are disposed at two ends of the top cover, and the third heat dissipation holes are disposed at a middle portion of the top cover (multiple rows and columns of heat dissipation holes seen in figure 2a, figure 1 annotated below).
In regard to claim 4, the first heat dissipation holes are disposed between the second heat dissipation holes and the third heat dissipation holes, and a distance between the first heat dissipation holes and the second heat dissipation holes adjacent to the first heat dissipation holes is less than a distance between the first heat dissipation holes and the third heat dissipation holes (paragraph [0070] - see annotated figure 1 below, note multiple interpretations may apply).
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In regard to claim 5, a number of the heat dissipation holes is multiple, at least part of the heat dissipation holes are elongated holes, and a length direction of the heat dissipation holes that are elongated holes is consistent with a length direction of the cells (annotated figure 2 above, paragraph [0070]).
In regard to claim 6, further comprising a sealing and fireproof pad (buffer 31, 32 including metal or carbon powder), wherein the sealing and fireproof pad is disposed between the cell assembly and the end plate (paragraph [0083], figure 8).
In regard to claim 7, wherein the sealing and fireproof pad 31, 31 adjacent to the output terminal is provided with an output terminal accommodating hole, and the sealing and fireproof pad away from the output terminal is provided with a low-voltage connection hole (space in between buffers 31, 31 allows the leads 13a, 13b to connect to output terminal, space between buffers 32, 32 and cells protrusions 15 is considered a low voltage hole, annotated figure 2 above; see also figure 8-10 – paragraph [0083]).
In regard to claim 8, further comprising a tab bracket (cover 40 for tabs 51) and a busbar (tabs 51, including various connection portions 51, 51a, 51b, 51c etc.), wherein both the tab bracket 40 and the busbar 51 are disposed between the cell assembly 10 and the one of the two end plates 70, and the tab bracket is disposed between the cell assembly 10 and the busbar 51 (annotated figure 2 above, paragraphs [0072-0080]).
In regard to claim 9, heat dissipation holes are not provided on the two end plates (none are shown or described).
In regard to claim 12, further comprising a sealing and fireproof pad (buffer 31, 32 including metal or carbon powder), wherein the sealing and fireproof pad is disposed between the cell assembly and the end plate (paragraph [0083], figure 8).
In regard to claim 13, the sealing and fireproof pad 31, 31 adjacent to the output terminal is provided with an output terminal accommodating hole (space in between buffers 31, 31 allows the leads 13a, 13b to connect to output terminal), and the fireproof pad discharge holes are provided in one-to-one correspondence with the end discharge holes (which holes are considered end discharge holes vs terminal holes may be arbitrary selected).
In regard to claim 14, further comprising a busbar (such as tabs 51, connection portions 61), one end of the cell assembly is provided with two output terminals (positive terminal 63a, negative terminal 63b), the two output terminals are disposed at a same end of the cell assembly, the two output terminals are connected to the busbar, and the busbar is disposed between tab bracket 40 and the sealing and fireproof pad 31 (figure 5-8, paragraphs [0070-0080]).
In regard to claim 15 and 16, the heat dissipation holes further comprise second heat dissipation holes and third heat dissipation holes, the second heat dissipation holes are disposed at two ends of the top cover, and the third heat dissipation holes are disposed at a middle portion of the top cover (multiple rows and columns of heat dissipation holes seen in figure 2a, figure 1 annotated below). the first heat dissipation holes are disposed between the second heat dissipation holes and the third heat dissipation holes, and a distance between the first heat dissipation holes and the second heat dissipation holes adjacent to the first heat dissipation holes is less than a distance between the first heat dissipation holes and the third heat dissipation holes (paragraph [0070] - see annotated figure 1 above, note multiple interpretations may apply).
In regard to claim 18, a number of the heat dissipation holes 71a is multiple, at least part of the heat dissipation holes are elongated holes, and a length direction of the heat dissipation holes that are elongated holes is consistent with a length direction of the cells 10 (annotated figure 1, paragraph [0070]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mita et al. (USP 5,456,994) teaches temperature-controlled batteries.
Zeng (US Pub 2019/0027731 newly cited), teaches a similar tab bracket including heat discharging holes as seen in figure 2 reproduced below:
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Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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