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 with traverse of Group I, claims 1-17 and 23 in the reply filed on January 14, 2026 is acknowledged.
Applicant's election with traverse of Group I, claims 1-17 and 23 in the reply filed on January 14, 2026 is acknowledged. The traversal is on the ground(s) that the features recited in the claims of the various groups are closely related to battery packs that searching and examining these features in a single examination would not cause an undue burden on the Office. This is not found persuasive because the argument is made without sufficient clear technical or legal evidence to support Applicant’s position.
More particularly, the restriction provided evidence that the inventions are distinct and searching and examining the features of each claim set in a single examination would cause and undue burden on the Office based on divergent classification (as noted in the previous Office Action) and based on the Grouped inventions directed to different inventions (see paragraph bridging pages 3-4 of the previous Office Action, incorporated herein).
It would require particular distinct class search and/or distinct search strategies to each group which rely on mutually exclusive features in each group. Therefore examining the features of each claim set in a single examination would cause and undue burden on the Office. The requirement is still deemed proper and is therefore made FINAL.
Priority
This application has been filed as a continuation of prior Application No. 17/157,464, filed August 14, 2019.
Information Disclosure Statement
The information disclosure statement filed February 21, 2024 has been placed in the application file and the information referred to therein has been considered as to the merits.
With respect to foreign language references with no translation of the document: “If no translation is submitted, the examiner will consider the information in view of the concise explanation and insofar as it is understood on its face, e.g., drawings, chemical formulas, English language abstracts, in the same manner that non-English language information in Office search files is considered by examiner in conducting searches.” See MPEP §609.04(a)(II) (D) and 37 CFR 1.98(a)(3)(ii).
Since this application is a continuation application filed under 37 CFR 1.53 (b), the examiner has considered information, which has been considered by the Office in the parent applications. Such information need not be resubmitted in the continuing application unless the applicant desires the information to be printed on the patent.
Drawings
The drawings received February 21, 2024 and replacement drawings received May 6, 2024 are acceptable for examination purposes.
Specification
The specification received February 21, 2024 has been reviewed for examination purposes. The substitute specification filed May 6, 2024 has been entered.
The disclosure is objected to because of the following informalities: the status of the prior U.S. application listed in the first sentence of the application should be updated since it has matured into a U.S. patent. 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.
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 6 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 6 recites the limitation "the core pack module" in line 3. There is insufficient antecedent basis for this limitation in the claim as the claims recite a plurality of core pack modules and it is unclear which module(s) claim 6 is referring to.
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.
Claims 1-8, 10-16 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakakibara (U.S. Patent Application Publication No. 2011/0012560).
As to claim 1, Sakakibara discloses a battery pack comprising:
a module holder 102; and
a plurality of core pack modules 112 held in the module holder (102; Fig. 13 for example).
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As to claim 2, the module holder 102 includes a base and a set of opposing side walls that form an interior storage space that is configured to receive the plurality of core pack modules (see annotate Fig. 13 below)
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Wherein the module holder 102 has a longitudinal axis along a length of the module holder and first transverse axis and a second transverse axis that are perpendicular to the longitudinal axis, the first transverse axis being along a width of the module holder, the second transverse axis being along a depth of the module holder; and the set of opposing side walls extend along the longitudinal axis of the module holder (see annotated Fig. 13 below).
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As to claim 3, as shown in Fig. 13 above the base and side walls are of a unitary construction (i.e., integrally formed) and the set of opposing side walls extends perpendicularly upward relative from the base.
As to claim 4, the set of opposing walls is a first set of opposing side walls; the module holder further comprising a second set of opposing side walls; and the second set of opposing side walls extend along the first transverse axis of the module holder (see annotated Fig. 13 below).
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As to claim 5, as shown in Fig. 13 above the base and first and second sets of opposing side walls are of a unitary construction (i.e., integrally formed) and the sets of opposing side walls extend perpendicularly upward relative from the base.
As to claim 6, each core pack 112 includes a plurality of battery cells 120 and each battery cell extends along the second transverse axis of the module holder (see annotated Fig. 14 below).
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As to claim 7, as shown in Fig. 14 above, each core pack module 112 includes a plurality of battery cells 120 which are configured to be held in relative position to each other.
As to claim 8, at least one of the plurality of core pack modules 112 is configured to be positioned with the short edge of the modules to be parallel to the first transverse axis of the module holder (Fig. 13 above).
As to claim 10, at least two of the core pack modules 112 are positioned to be parallel to each other (Fig. 13 above).
As to claim 11, at least two of the core pack modules 112 are configured to be parallel to the longitudinal axis of the module (see annotated Fig. 13 above denoting the longitudinal axis, whereby it can be seen that that axis and the modules are positioned in the same parallel orientation with respect to each other).
As to claim 12, the housing includes a first housing 102 and a second housing 101 together forming an internal cavity wherein the core pack modules 112 are received in the internal cavity of the housing 101/102 (Fig. 13 above).
As to claim 13, the first housing portion 102 and the second housing portion 101 form the module holder (Fig. 13).
As to claim 14, the plurality of core pack modules 112 includes 3 modules as shown in Fig. 13.
As to claim 15, an electronics module subassembly (main controller assembly 114) is configured to be parallel to the base of the module holder 102; a set of battery pack terminals 110 and/or 111 fixedly held in place on the electronics subassembly 114, the terminals configured to mate with a corresponding set of terminals of an electrical device (see Figs. 1-3 and 13 for example) and where the electronics module subassembly 114 is configured to be connected with the plurality of core pack modules 112 so as to electrically connect the plurality of core pack modules 112 to the battery pack terminals 110 and/or 111 (Figs. 13-14).
As to claim 16, the electronics module subassembly 114 is positioned over the battery modules such that the subassembly is configured to be removably connected to the terminals 113 of the core pack modules then the modules are received in the interior storage space of the module holder 102.
As to claim 23, as shown in Figs. 13 and 14 above, each of the core pack modules 112 are identical and each pack module being a discrete assembly including a plurality of battery cells 120 in a corresponding battery holder.
Claims 1, 2, 4, 6-14 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (U.S. Patent Application Publication No. 2012/0258337).
As to claim 1, Wang discloses a battery pack comprising:
a module holder 200/900; and
a plurality of core pack modules 10 (110) held in the module holder (Fig. 1 for example).
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As to claim 2, the module holder includes a base 200 and a set of opposing side walls that form an interior storage space that is configured to receive the plurality of core pack modules 10 (see Fig. 1 above). Any two opposing sides walls of the cover 900 reads on the side wall limitation of claim 2.
Wherein the module holder 102 has a longitudinal axis along a length of the module holder and first transverse axis and a second transverse axis that are perpendicular to the longitudinal axis, the first transverse axis being along a width of the module holder, the second transverse axis being along a depth of the module holder; and the set of opposing side walls extend along the longitudinal axis of the module holder (see annotated Fig. 1 below).
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As to claim 4, the set of opposing walls is a first set of opposing side walls; the module holder further comprising a second set of opposing side walls; and the second set of opposing side walls extend along the first transverse axis of the module holder (see annotated Fig. 1 below).
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As to claim 6, each core pack 10 (110) includes a plurality of battery cells 135 and each battery cell extends in one dimension along the second transverse axis of the module holder (see Figs. 1 above and 6A-6B below).
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As to claim 7, as shown in Figs 6A-6B above, each core pack module 110 includes a plurality of battery cells 135 which are configured to be held in relative position to each other.
As to claim 8, at least one of the plurality of core pack modules 10 is configured to be positioned with the short edge of the modules to be parallel to the first transverse axis of the module holder (see annotated Fig. 1 below).
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As to claim 9, at least one module is positioned in a direction perpendicular to at least one other module (Fig. 1 above). Noting that certain modules 10 are arranged along the first transverse axis (right side of the battery pack) and the other battery modules 10 are arranged along the longitudinal axis direction, perpendicular to the first transverse axis).
As to claim 10, at least two of the core pack modules 10 are positioned to be parallel to each other (Fig. 1 above).
As to claim 11, at least two of the core pack modules 10 are configured to be parallel to the longitudinal axis of the module (see annotated Fig. 1 above denoting the longitudinal axis, whereby it can be seen that that axis and the modules are positioned in the same parallel orientation with respect to each other).
As to claim 12, the housing includes a first housing 200 and a second housing 900 together forming an internal cavity wherein the core pack modules 10 are received in the internal cavity of the housing 200/900 (Fig. 1 above).
As to claim 13, the first housing portion 200 and the second housing portion 900 form the module holder (Fig. 1).
As to claim 14, the plurality of core pack modules 10 includes 3 modules as shown in Fig. 1.
As to claim 23, as shown in Figs. 1, 6A and 6B above, each of the core pack modules 10/110 are identical (regardless of different orientation) and each pack module being a discrete assembly including a plurality of battery cells 135 in a corresponding battery holder (frames 115/120).
Claims 1-8, 10-15, 17 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang et al. (CN 104157821A).
As to claim 1, Kiang discloses a battery pack comprising:
a module holder 6; and
a plurality of core pack modules 7 held in the module holder 6 (Fig. 3 for example).
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As to claim 2, the module holder includes a base and a set of opposing side walls that form an interior storage space that is configured to receive the plurality of core pack modules 7 (see Fig. 3). Any two opposing sides walls of the pair of holders 6 reads on the side wall limitation of claim 2.
Wherein the module holder 6 has a longitudinal axis along a length of the module holder and first transverse axis and a second transverse axis that are perpendicular to the longitudinal axis, the first transverse axis being along a width of the module holder, the second transverse axis being along a depth of the module holder; and the set of opposing side walls extend along the longitudinal axis of the module holder (see annotated Fig. 1 below).
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As to claim 3, each half of holder 6 is securely attached to each other, with the base and each set of walls on each holder 6 being of a single piece construction, thus integrally formed. Any set of opposing side wall extend perpendicularly (upwards) from the base (Fig. 3).
As to claim 4, the set of opposing walls is a first set of opposing side walls; the module holder further comprising a second set of opposing side walls; and the second set of opposing side walls extend along the first transverse axis of the module holder (see annotated Fig. 3 below).
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As to claim 5, each half of holder 6 is securely attached to each other, with the base and each set of walls on each holder 6 being of a single piece construction, thus integrally formed. Any set of opposing side wall extend perpendicularly (upwards) from the base (Fig. 3).
As to claim 6, each core pack 7 includes a plurality of battery cells and each battery cell extends in one dimension along the second transverse axis of the module holder (up down direction, Fig. 3).
As to claim 7, as shown in Fig. 3 above, each core pack module 7 includes a plurality of battery cells which are configured to be held in relative position to each other in the holder 6 (Fig. 3).
As to claim 8, at least one of the plurality of core pack modules 7 is configured to be positioned with the short edge of the modules to be parallel to the first transverse axis of the module holder (see annotated Fig. 3 below).
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As to claim 10, at least two of the core pack modules 7 are positioned to be parallel to each other (Fig. 3 above).
As to claim 11, at least two of the core pack modules 7 are configured to be parallel to the longitudinal axis of the module (see Fig. 3).
As to claim 12, the housing includes two halves 6 forming an internal cavity wherein the core pack modules 7 are received in the internal cavity of the housing (Fig. 3 above).
As to claim 13, the two halves 6, defining first and second housing portions form the module holder (Fig. 3).
As to claim 14, the plurality of core pack modules 7 includes 3 modules as shown in Fig. 3.
As to claim 15, the battery pack further comprises an electronics modules subassembly 1, positioned parallel to the base of the holder 6 (Figs. 3-4) and a set of battery pack terminals fixed in place on the electronics module subassembly 1 configured to mate to terminals of an external device, wherein the electronics module subassembly 1 is configured to be connected with the modules 7 so as to electrically connect the modules 7 to the battery pack terminals (Figs. 3-4).
As to claim 17, the electronics module subassembly 1 includes a printed circuit board (PBC).
As to claim 23, as shown in Fig. 3 above, each of the core pack modules 7 are identical (regardless of different orientation) and each pack module being a discrete assembly including a plurality of battery in a corresponding battery base holder.
Claim Rejections - 35 USC § 103
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 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sakakibara (U.S. Patent Application Publication No. 2011/0012560) as applied to claim 1 above, and further in view of Beiderbeck et al. (DE 102009060022A1).
While Sakakibara teaches of the modules arranged in parallel, the concept of repositioning or varying the arrangement of each module relative each other whether in parallel, perpendicular or a combination of such would have been of routine skill in the art as a matter of design choice. Each module would perform the same function regardless of relative orientation to one another and the battery pack would expectedly behave similarly regardless of relative orientation of the batter core pack modules in relation to one another.
Beiderbeck, drawn to the same field of endeavor to high voltage power tool battery pack systems, disclosed that it was suitable to provide plural modules within the housing wherein the modules can be arranged in different positions relative to each other as needed to fit within the corresponding housing.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the position of battery modules in a common housing as needed as a matter of design choice for the purpose of providing a suitable arrangement of modules within the housing. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sakakibara (U.S. Patent Application Publication No. 2011/0012560) as applied to claim 1 above, and further in view of Elfering et al. (U.S. Patent Application Publication No. 2018/0366697).
Sakakibara teaches of the electronics module subassembly 114 including a cover 117 to cover live parts of the main controller assembly 114 (see para. [0426] and Figs. 13 and 17, for example).
Sakakibara does not appear to teach that the electronics module subassembly 114 includes a printed circuit board (PCB).
Elfering is drawn to the same field of endeavor, power tool battery packs including electronics within the battery pack to control the power transmission from a battery module in a battery pack housing to an external load. Elfering further recognized that printed circuit board assemblies were a conventional design suited for battery modules to effectively control the power transmission from a battery module in a battery pack housing to an external load. In addition, the PCBA provides for a compact and robust packaging for the electronics module assembly, thus improving the energy density by occupying a small physical space.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronics module assembly of Sakakibara by using a printed circuit as taught by Elfering since it would have provided predictable benefits such as effectively control the power transmission from a battery module in a battery pack housing to an external load. In addition, the PCBA provides for a compact and robust packaging for the electronics module assembly, thus improving the energy density by occupying a small physical space.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2009-289431A discloses a battery pack with plural modules in a common housing. U.S. Patent Application Publication No. 2010/0092850 discloses a battery for a power tool having cells oriented in different directions in the battery. U.S. Patent Application Publication No. 2013/0164567 teaches of modular battery packs including printed circuit boards within the pack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGG CANTELMO whose telephone number is (571)272-1283. The examiner can normally be reached Mon-Thurs 7am to 5pm.
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/GREGG CANTELMO/Primary Examiner, Art Unit 1725