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 .
Claim Objections
Claims 1- objected to because of the following informalities:
Claim 1, lines 6-7: “in which discharge opening a pressure-relief valve is arranged” should be “in which a pressure-relief valve is arranged”.
Claim 2, line 2: "which first end wall" should be "which the first end wall".
Claim 2, line 2; claim 5, line 2; and claim 8, line 3: “the first chamber” has a lack of antecedent basis. Change to “the closable, first chamber".
Claims 3-9 are objected to as being dependent on the objected claims 1 and 2.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-9 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, the phrase "particularly" in line 1 renders the claim indefinite because it is unclear whether the limitations following the phrase (“lithium-ion batteries”) are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the examiner has interpreted “A housing for storing batteries, particularly lithium-ion batteries,” as “A housing for storing batteries”.
Claim 1 recites the limitation "the wall of the first chamber" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation “the wall of the first chamber” has been interpreted as “a wall of the first chamber”. Claim 2 recites the limitation “the first chamber comprises a cylindrical wall” in line 2. It is unclear if this first chamber comprises a cylindrical wall since Fig. 1 does not depict this limitation. For examination purposes, any straight parallel lines of the chamber would read on the limitation of a cylindrical wall.
Regarding claim 3, line 2 and claim 4, line 2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the examiner has interpreted “a first seal, such as a cellular rubber” as “a first seal” and “a second seal, such as cellular rubber” as “a second seal”.
Claims 4-9 are rejected as being dependent on the rejected claims 1 and 2.
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.
Claim(s) 1, 5, and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prosser et al. (US20120299531 A1) in view of Schulz et al. (US 20210127511 A1).
Regarding claim 1, Prosser teaches a housing for storing batteries, particularly lithium-ion batteries, which housing comprises:
- a closable, first chamber for containing batteries (Fig. 13B, [0158], see figure below); and
- a second chamber arranged adjacently of the first chamber (Fig. 13B, [0158], see figure below)
wherein the closable, first chamber comprises an access door (Fig. 13B, 1322, [0158]).
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Prosser does not teach that the closable, first chamber comprises a discharge opening arranged in the wall of the first chamber, in which discharge opening a pressure- relief valve is arranged.
Schulz, however, teaches a container that houses batteries (Abstract). Schulz also teaches that this container comprises a discharge opening arranged in the wall of the container (Fig. 1, 4, [0049]), in which discharge opening a pressure- relief valve is arranged (Fig. 1, 5, [0049]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Prosser housing to include the discharge opening and pressure-relief valve taught in Schulz because Schulz teaches that having discharge openings with pressure relief valves allows very large gas quantities to be reliably discharged within a very short period of time so that a deformation or even bursting of the container is precluded. (Schulz et al. [0007]).
Regarding claim 5, modified Prosser teaches the housing according to claim 1, wherein the housing further comprises a frame on which the first chamber is arranged and wherein a drawer which can be slid into and out of the frame forms the second chamber (Prosser et al. [0127].) Prosser states that these drawers can be present where there is a battery module, such as in the open storage compartment (Prosser et al. [0123]).
Regarding claim 7, modified Prosser teaches the housing according to claim 1, wherein the pressure-relief valve is a spring-loaded pressure-relief valve (Schulz et al. Fig. 1, 38, [0086])
Regarding claim 8, modified Prosser teaches a combination of a lithium-ion battery (Prosser et al. [0172]), a battery charger with a charging cable (Prosser et al. [0163], see figure below, top-down view of the figure shown above), and a housing according to claim 1, wherein the lithium-ion battery is accommodated in the first chamber (Prosser et al. [0161] see figure below, wherein the battery charger is accommodated in the second chamber (Prosser et al. [0163] see figure below), wherein the charging cable runs from the second chamber to the first chamber and is connected to the lithium-ion battery (Prosser et al. Fig. 14A, 1408, [0161], see figure below). Since Prosser states that the charger can be stored in any of the battery storage compartments [0163], it would be obvious to store the charger in the second chamber area shown in the figure below.
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Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prosser et al. in view of Schulz et al. as applied to claim 1 and in further view of Veronesi (WO 2008093367 A1).
Regarding claim 2, modified Prosser teaches the housing according to claim 1, but does not specifically teach that the first chamber comprises a cylindrical wall and a first end wall, which the first end wall closes the cylindrical wall at one outer end, and wherein the access door is arranged at the other outer end and closes this other outer end.
Veronesi, however, teaches a chamber comprising of a cylindrical wall and a first end wall (Fig. 3, 8, Pg. 3, lines 10-13).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the modified Prosser to have the first chamber comprise cylindrical walls because this allows the chamber it to better withstand pressure generated (Veronesi Pg. 3, lines 10-13).
The further modified Prosser therefore teaches that the first end wall closes the cylindrical wall at one outer end, and wherein the access door is arranged at the other outer end and closes this other outer end (Prosser et al. Fig. 13b, 212, [0158]).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prosser et al. in view of Schulz et al. and Veronesi as applied to claim 2 and in further view of Yang et al (US12212010B2).
Regarding claim 3, further modified Prosser teaches the housing according to claim 2, but does not specifically teach that a first seal, such as a cellular rubber, is arranged along the periphery of the access door.
Yang, however, teaches of a battery casing (Abstract), wherein there is a first seal, such as a cellular rubber (Fig. 1, 40, Col. 4, lines 25-35).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the modified Prosser housing to include a seal arranged along the periphery of the access door because it prevents foreign matter, such as external moisture and dust, from entering the casing (Yang et al. Col. 5, lines 45-49).
Regarding claim 4, further modified Prosser teaches the housing according to claim 2, but does not specifically teach that second seal, such as a cellular rubber, is arranged along the periphery of the cylindrical wall at the other outer end.
Yang, however, teaches of a battery casing (Abstract), wherein there is a second seal (Fig. 1, 40, Col. 4, lines 25-35).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the modified Prosser housing to include a seal along the periphery of the cylindrical wall at the other outer end because it prevents foreign matter, such as external moisture and dust, from entering the casing (Yang et al. Col. 5, lines 45-49).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prosser et al. in view of Schulz et al. as applied to claim 1 and in further view of Yoo et al. (US 20220238954 A1).
Regarding claim 6, modified Prosser teaches the housing according to claim 1, but does not specifically teach that the housing further comprises a flue gas discharge channel, which flue gas discharge channel connects to the discharge opening.
Yoo, however, teaches of a device for a secondary battery (abstract) that comprises a flue gas discharge channel, which flue gas discharge channel connects to the discharge opening (Fig. 3, 260. [0065]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to further modify the modified Prosser to include a flue gas discharge channel because it allows the gas to be discharged to the outside (Yoo et al. [0065])
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prosser et al. in view of Schulz et al as applied to claim 8 and in further view of Chiu et al. (US 20200169049 A1).
Regarding claim 9, modified Prosser teaches the combination according to claim 8, but does not teach that the charging cable runs past the access door.
Chiu, however, teaches of an Ethernet transmission cable that passes through a door [0006].
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to further modify the modified Prosser so that the cables that originally ran through holes (as seen in Prosser et al. Fig.13B) to run through the access door instead. This is because Chiu teaches that extra construction, such as drilling a hole in the wall, is not needed, thereby reducing costs (Chiu et al. [0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Saulny et al. (FI 12774 Y1, cited in the IDS) teaches of a closable storage container for an accumulator (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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/YVONNE WEI/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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