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 .
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park (US-20220407163-A1).
Regarding claim 1, Park discloses an apparatus, comprising: a structural member having a first portion and a second portion opposite the first portion (see e.g., Park; figs. 3, 4, 6, wherein a first portion and a second portion may be a front and back side of the battery module), the structural member positioned in a battery subassembly (see e.g., Park; fig. 3, 4, [0020], [0057], [0070], regarding the battery module positioned on a pack frame 1100, which is part of a battery subassembly in a battery cell stack); a first strap coupled to the first portion; and a second strap coupled to the second portion (see e.g., Park; figs. 3, 4, [0057], regarding fixing brackets 500, one positioned on a front side and one positioned on a back side, which correspond to a first and second strap).
Claim(s) 1-2, 7-12, 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamada (US-20200381686-A1).
Regarding claim 1, Yamada discloses an apparatus, comprising: a structural member having a first portion and a second portion opposite the first portion (see e.g., Yamada; fig. 4, wherein a one half and another half of the battery unit may correspond with a first and second portion), the structural member positioned in a battery subassembly (see e.g., Yamada; fig. 4, wherein the components are in the battery subassembly of the battery unit as shown in the figure); a first strap coupled to the first portion; and a second strap coupled to the second portion (see e.g., Yamada; figs. 4, 9A-C, [0053], regarding brackets 51R, 51L, 52, and 53, which may correspond to a first strap and second strap).
Regarding claim 2, Yamada discloses the apparatus of claim 1, wherein: the first strap comprises a first metal strap (see e.g., Yamada; [0053], regarding wherein the brackets are metal-plate made) bolted to the first portion (see e.g., Yamada; figs. 4, 9A-C, [0054], wherein the brackets is bolted to battery modules 11, such as at locations 51a and 53a), the first strap comprising a first shape (see e.g., Yamada; fig. 9A, [0053], wherein the first strap may correspond with the shape of any of mounting brackets 51L/R, 52, or 53), and the second strap comprises a second metal strap bolted to the second portion (see e.g., Yamada; figs. 9A-C, [0054], regarding brackets bolted to battery modules), the second strap comprising a second shape different from the first shape (see e.g., Yamada; figs. 9A-C, [0053]-[0054], wherein the second strap may correspond to any of the other straps other than the first strap, which all have a different shape).
Regarding claim 7, Yamada discloses the apparatus of claim 1, wherein: the second strap comprises an asymmetric shape (see e.g., Yamada; figs. 9A-C, wherein any of brackets 51, 52, and 53 are asymmetric), and based on the asymmetric shape, the second strap is configured to be positioned in a cavity of a skid plate coupled with the battery subassembly (see e.g., Yamada; figs. 2-4, wherein the brackets are positioned in rear frame 23, which is on the outside of the battery assembly and therefore structurally the same as the claimed skid plate).
Regarding claim 8, Yamada discloses the apparatus of claim 7, wherein the asymmetric shape of the second strap comprises: a first plate portion comprising a first opening; a second plate portion comprising a second opening; and a third plate portion positioned between the first plate portion and the second plate portion, the third plate portion elevated with respect to the first plate portion and the second plate portion, wherein the third plate portion comprises a planar portion a non-planar portion extending from the planar portion (see e.g., Yamada; annotated fig. 9A below).
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Regarding claim 9, Yamada discloses the apparatus of claim 8, wherein the structural member comprises a cross member assembly that includes a first cross member component and a second cross member component (see e.g., Yamada; figs. 3, 4, [0048], [0050]-[0053], regarding cross frames 31-33, two of which may correspond with a first cross member and a second cross member).
Regarding claim 10, Yamada discloses a battery subassembly, comprising: an enclosure that form in part a frame (see e.g., Yamada; figs. 3, 4); a first strap (see e.g., Yamada; figs. 4, 9A-C, [0053]-[0054], regarding brackets 51R, 51L, 52, and 53, one of which may correspond to a first strap); and a structural member coupled with the enclosure and the first strap (see e.g., Yamada; figs. 3, 4, [0053]-[0055], [0058]-[0060], wherein mounting brackets are coupled to battery modules and the battery pack frame), wherein the first strap is configured to prevent the structural member from bending based on an applied force to the frame (see e.g., Yamada; fig. 4, [0057]-[0060], wherein the brackets are bolted to the cross frames 31-33 at multiple points, which is a structure that would thereby prevent the cross frames from bending based on applied force).
Regarding claim 11, Yamada discloses the battery subassembly of claim 10, further comprising a second strap coupled with the structural member (see e.g., Yamada; figs. 4, 9A-C, [0053]-[0054], regarding brackets 51R, 51L, 52, and 53, one of which may correspond to a second strap) and configured to further prevent the structural member from bending based on the applied force (see e.g., Yamada; fig. 4, [0057]-[0060], wherein the brackets are bolted to the cross frames 31-33 at multiple points, which is a structure that would thereby prevent the cross frames from bending based on applied force).
Regarding claim 12, Yamada discloses the battery subassembly of claim 11, further comprising a skid plate, wherein: the skid plate comprises a cavity, and the second strap is located in the cavity and coupled with the skid plate (see e.g., Yamada; figs. 2-4, wherein the brackets are positioned in rear frame 23, which is on the outside of the battery assembly and therefore structurally the same as the claimed skid plate).
Regarding claim 15, Yamada discloses the battery subassembly of claim 11, further comprising a battery module (see e.g., Yamada; fig. 3, [0044], regarding battery modules 11), wherein the structural member comprises a longitudinal member that spans a length of the battery module (see e.g., Yamada; fig. 3, 4, [0048]-[0055], regarding cross frames 31-33, which are longitudinal members that span across a length of the battery modules 11).
Regarding claim 16, Yamada discloses the battery subassembly of claim 10, wherein: the structural member comprises an indentation, and the first strap covers the indentation (see e.g., Yamada; figs. 3, 4, [0051]-[0056], 9A-C, wherein the cross frames 31-33 have holes, one of which may correspond to an indentation, and the brackets 51, 52, and 53, one of which corresponds to the first strap, covers the indentation and is fastened to the cross frame via the hole, for example at positions 51t, 51p, and 51s).
Regarding claim 17, Yamada discloses a vehicle (see e.g., Yamada; [0007]-[0008]), comprising: a battery subassembly comprising a plurality of straps (see e.g., Yamada; figs. 4, 9A-C, [0053], regarding brackets 51R, 51L, 52, and 53) coupled with a cross member assembly (see e.g., Yamada; figs. 3, 4, [0048], [0050]-[0053], regarding cross frames 31-33), and a skid plate covering the cross member assembly (see e.g., Yamada; figs. 2-4, regarding rear frame 23, which is on the outside of the battery assembly and therefore structurally the same as the claimed skid plate), which corresponds to the claimed wherein the plurality of straps are configured to be pulled in tension in response to an applied force to the battery subassembly or a skid plate covering the cross member assembly.
Regarding claim 18, Yamada discloses the vehicle of claim 17, wherein the plurality of straps comprise: a first metal (see e.g., Yamada; [0053], regarding wherein the brackets are metal-plate made) strap coupled with a first cross member of the cross member assembly, and a second metal strap coupled with a second cross member of the cross member assembly (see e.g., Yamada; figs. 3, 4, wherein two of the brackets 51L, 51R, 52, and 53 may correspond with a first and second metal strap, and two of the cross frames 31, 32, and 33 may correspond with a first and second cross member, the brackets and the cross frames being coupled to each other).
Regarding claim 19, Yamada discloses the vehicle of claim 18, further comprising a lid that covers the battery subassembly (see e.g., Yamada; fig. 3, [0045], regarding cover member 45), wherein the first metal strap is coupled with the lid (see e.g., Yamada; figs. 3, 4, wherein the brackets 51, 52, and 53, one of which may correspond with the first metal strap, is positioned inside the battery assembly and therefore coupled with the cover member 45).
Regarding claim 20, Yamada discloses the vehicle of claim 17, wherein the plurality of straps are bolted to opposing ends of the cross member assembly (see e.g., Yamada; fig. 4, [0056], regarding brackets fastened to the cross frames by bolts from one end to the other end of the cross frames).
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kang (US-20240063443-A1).
Regarding claim 1, Kang discloses an apparatus, comprising: a structural member having a first portion and a second portion opposite the first portion (see e.g., Kang; fig. 5, wherein a first portion and a second portion may be a first and second half of the upper part of the battery assembly), the structural member positioned in a battery subassembly (see e.g., Kang; fig. 5, wherein an upper half of the battery including a first and second portion is positioned in the battery pack 10 and thereby in a battery subassembly); a first strap coupled to the first portion; and a second strap coupled to the second portion (see e.g., Kang; fig. 5, [0095], regarding brackets 1320, at least one of which may correspond with a first strap coupled to a first portion and at least one of which may correspond with a second strap coupled to a second portion).
Regarding claim 3, Kang discloses the apparatus of claim 1, wherein: the first strap is welded to a lid, and the lid is configured to cover the battery subassembly (see e.g., Kang; fig. 5, [0095], wherein brackets 1320 are welded to upper cover 1300 which covers the battery subassembly).
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Friedman (US-20210188069-A1).
Regarding claim 1, Friedman discloses an apparatus, comprising: a structural member having a first portion and a second portion opposite the first portion (see e.g., Friedman; figs. 1, 2, wherein frames 24 and 26 may correspond with a first and second portion), the structural member positioned in a battery subassembly (see e.g., Friedman; figs. 1, 2, [0023], wherein the structural member is part of battery subassembly holding battery housings 22); a first strap coupled to the first portion; and a second strap coupled to the second portion (see e.g., Friedman; figs. 1, 2, [0025]-[0026], regarding brackets 34 at least one of which may correspond with a first strap and at least one of which may correspond with a second strap).
Regarding claim 4, Friedman discloses the apparatus of claim 1, wherein: the structural member comprises an indentation, and the first strap is positioned over the indentation (see e.g., Friedman; figs. 1, 2, 6A-H, [0031], wherein the frames 24 and 26 have an indentation to form the shape of the rail, and figs 6A-H show the various different arrangements in which the brackets 34 is positioned over the indentation).
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.
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.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman (US-20210188069-A1), and in further view of Lee (US-20180301674-A1).
Regarding claim 5, Friedman discloses the apparatus of claim 4, wherein the structural member comprises: a first structural component coupled with the first strap and comprising the indentation (see e.g., Friedman; figs. 1, 2, wherein one of the frames 24 and 26 may correspond with a first structural component), and a second structural component coupled with the second strap (see e.g., Friedman; figs. 1, 2, wherein the other of the frames 24 and 26 may correspond with a second structural component).
Friedman does not explicitly disclose the second structural component comprising an opening configured to receive one or more fluid lines. However, Lee discloses that openings 110 may be provided in a frame component for a battery assembly which are configured as cooling channels for cooling fluid (see e.g., Lee; figs. 4, 6, [0057]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second structural component of Friedman by forming an opening configured to form cooling channels for cooling fluid as disclosed by Lee in order to cool the batteries (see e.g., Lee; [0057], [0008]-[0009]).
Regarding claim 6, modified Friedman teaches the apparatus of claim 5. Friedman discloses wherein: the first strap is coupled with the first structural component by i) a first fastener passing through the first structural component and ii) a second fastener passing through the first structural component, and the indentation is disposed between the first fastener and the second fastener (see e.g., Friedman; figs. 1, 2, 6A-H, [0028], [0032], regarding bolts 36 corresponding to a first and second fastener which are positioned in various embodiments to be on either side of the indentation of the frames 24 and 26).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada (US-20200381686-A1), and in further view of Yaklin (US-20150280187-A1).
Regarding claim 13, Yamada discloses the battery subassembly of claim 12. Yamada discloses the battery subassembly further comprising a lid that covers the structural member (see e.g., Yamada; fig. 3, [0045], regarding cover member 45).
Yamada does not explicitly disclose wherein the first strap is welded to the lid. However, Yaklin discloses brackets 240 and 242 which welded to a cover 204 to cover a battery subassembly (see e.g., Yaklin; fig. 5, [0027]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the brackets of Yamada welded to the cover as disclosed by Yaklin in order to provide an operable or serviceable assembly that may be protected (see e.g., Yaklin; [0027], [0017]-[0018]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada (US-20200381686-A1), and in further view of Park (US-20220407163-A1).
Regarding claim 14, Yamada discloses the battery subassembly of claim 11. Yamada discloses that the straps, one of which may correspond to a second strap, are asymmetric shapes (see e.g., Yamada; figs. 9A-C).
Yamada does not explicitly disclose the first strap comprises a symmetric shape. However, Park discloses a bracket which are symmetric in shape (see e.g., Park; figs. 3, 4, regarding brackets 500). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the brackets of Yamada have a symmetric shape as disclosed by Park in order to secure the battery modules in a way capable of prevent damage due to refrigerant leakage while improving cooling performance (see e.g., Park; [0019]).
Conclusion
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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