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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first cover”, “second cover”, “first plate”, “second plate”, and “first extending portion” as recited by independent claim 1 and the “first cover”, “second cover”, and “first extending portion” independent claim 14 (in addition to the “third cover”, “fourth cover”, “second extending portion”, and “third plate” of associated dependent claims) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claims 1-20 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.
Claim 1 recites “a first cover coupled to a first side of the first cell block; and a second cover coupled to a second side of the first cell block opposite the first side, wherein the first cover comprises a first extending portion extending from a surface of the first cover, wherein the first extending portion comprises a first plate spaced apart from the surface of the first cover in a first direction; and wherein the first extending portion further comprises a second plate between the first plate and the surface of the first cover” (emphasis added). In view of the published Specification (US 2025/0030098) and figures not specifically pointing out what structure is intended for each of the “first cover” and “second cover” but instead specifically suggests (see at least para 0058, 0061-0062, 0065, and 0067) that multiple structures (e.g. frames [120],[130], [220], [230] and/or cooling plates [CP]) may be referred to as a “cover”; the claim is thereby rendered indefinite as to what respective structure(s) is/are intended to be the claimed “first cover” and “second cover” (and similarly for dependent claims 8-11 reciting the “third cover” and claims 9 and 12 reciting the “fourth cover”). Similarly, in view of the published Specification and figures not specifically pointing out what structure is intended for each of the “first extending portion” but instead specifically suggests (see at least para 0062, 0065, and 0067) that multiple structures (e.g. flanges [125], [135], [235], and/or wall [223] ) may be referred to as a “extending portion”; the claim is thereby rendered indefinite as to what respective structure(s) is/are intended to be the claimed “first extending portion” (and similarly for dependent claims 7 and 9-10 reciting the “second extending portion”, claims 12-13 reciting the “third extending portion”, and claim 13 reciting the “fourth extending portion”). Similarly, in view of the published Specification and figures not specifically pointing out what structure is intended for each of the “first plate” and “second plate” but instead specifically suggests (see at least para 0058, 0065-0066, 0083, and 0094) that multiple structures (e.g. plates [CP], [2231], [2233], [2235], [950], [1120], and/or flanges [125], [135], [235], and/or wall [223] ) may be referred to as a “plate”; the claim is thereby rendered indefinite as to what respective structure(s) is/are intended to be the claimed “first plate” and “second plate” (and similarly for dependent claims 4-6 reciting the “third plate”). Claims 2-13 are also rejected as depending on claim 1.
Claim 1 recites “a first cover coupled to a first side of the first cell block; […], wherein the first cover comprises a first extending portion extending from a surface of the first cover, wherein the first extending portion comprises a first plate spaced apart from the surface of the first cover in a first direction”, rendering the claim indefinite as to how the “first cover” comprises the “first extending portion” and “first plate” but then also has the “first plate” spaced apart (i.e. separate from) the “first cover”. Claims 2-13 are also rejected as depending on claim 1.
Claim 5 recites “the first cover, the first plate, the second plate, and the third plate form a single integrated structure” (emphasis added), rendering the claim indefinite as to whether the “single integrated structure” is intended to be a single-piece structure (e.g. structures are formed together via molding, casting, extruding, etc.) forming the “single integrated structure”, a single-interconnected structure (e.g. structures are together via coupling, attaching, connecting, adhering, etc.) so as to form a “single integrated structure”, or some other variant or variation. Claim 11 similarly recites a “single integrated structure”, and is similarly rejected as claim 5. Claim 6 is also rejected as depending on claim 5.
Claim 7 recites the limitation "the cell block". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 (dependent on claim 1) recites “the second side of the cell block” (emphasis added), rendering claim 7 indefinite as to whether “the cell block” is intended to refer back to the “first cell block” of claim 1, or a distinct “cell block” thereof.
Claim 14 recites (similar to claim 1) “a first cover coupled to a first side of the first cell block; and a second cover coupled to a second side of the first cell block opposite the first side, wherein the first cover comprises a first extending portion extending from a surface of the first cover; and a third cover coupled to the housing covering the battery assembly” (emphasis added). In view of the published Specification and figures not specifically pointing out what structure is intended for each of the “first cover”, “second cover”, and “third cover” but instead specifically suggests (see at least para 0058, 0061-0062, 0065, and 0067) that multiple structures (e.g. frames [120],[130], [220], [230] and/or cooling plates [CP]) may be referred to as a “cover”; the claim is thereby rendered indefinite as to what respective structure(s) is/are intended to be the claimed “first cover”, “second cover”, and “third cover”” (and similarly for dependent claims 18-20 reciting the “fourth cover” and claim 18 reciting the “fifth cover”). Similarly, in view of the published Specification and figures not specifically pointing out what structure is intended for each of the “first extending portion” but instead specifically suggests (see at least para 0062, 0065, and 0067) that multiple structures (e.g. flanges [125], [135], [235], and/or wall [223] ) may be referred to as a “extending portion”; the claim is thereby rendered indefinite as to what respective structure(s) is/are intended to be the claimed “first extending portion” (and similarly for dependent claim 18 reciting the “second extending portion”. Claims 15-20 are also rejected as depending on claim 14.
Claim 15 (dependent on claim 14) recites “the battery assembly comprises a cell block” (emphasis added), rendering claim 15 indefinite as to whether “a cell block” is intended to refer back to the “first cell block” of claim 14, or a distinct “cell block” thereof.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meintschel et al (US 2012/0156537).
With respect to claim 1, Meintschel discloses in fig. 1 a battery assembly comprising: a first cell block [1] (Abstract; para 0061); a “first pressure plate” [18] and “frame” [12] (i.e. claimed “first cover” [18],[12]) coupled to a first side of the first cell block [1] and a “second pressure plate” (i.e. claimed “second cover”) [20] coupled to a second side of the first cell block [1] opposite the first side (para 0129); the first cover [18],[12] comprises a first extending portion [42],[52] extending from a surface of the first cover [18],[12], wherein the first extending portion [42],[52] comprises: “jogs” (i.e. claimed “first plate”) [42] spaced apart from the surface of the first cover [18],[12] in a first direction, and “lugs” (i.e. claimed “second plate”) [52] between the first plate [42] and the surface of the first cover [18],[12] (para 0139 and 0142).
With respect to claim 2, Meintschel further discloses in fig. 1 the first plate [42] having a rectangular shape.
With respect to claim 3, Meintschel further discloses in fig. 1 the first and second plates [42],[52] extend in a second direction crossing the first direction.
With respect to claim 4, Meintschel further discloses in fig. 1 a “brace” (i.e. claimed “third plate”) [46] between the first plate [42] and the surface of the first cover [18],[12] (para 0140), wherein fig. 1 shows a first edge of the second plate [52] extends in the direct direction between the first plate [42] and the first cover [18],[12], and the second plate [52] and the third plate [46] are spaced apart from each other.
With respect to claim 5, Meintschel further depicts in fig. 1 the first cover [18],[12], first plate [42], second plate [52], and third plate [46] are connected together to form a single integrated structure (para 0129-0132).
With respect to claim 6, Meintschel further discloses the frame [12] of the first cover [18],[12] is made of insulating material (para 0130); thus fig. 1 shows: the first, second, and third plates [42],[52],[46] are arranged to form an insulating space between both the first plate [42] and the surface of the first cover [18],[12] and between the second plate [52] and the third plate [46], wherein the insulating space extends in a second direction from the first edge of the second plate [52] to a second edge of the second plate [52].
With respect to claim 7, Meintschel further depicts in fig. 3 and 5 the second cover [20] includes a second extending portion extending in a third direction from the second side of the first cell block [1].
With respect to claim 8, Meintschel further depicts in fig. 1 a frame (i.e. claimed “third cover”) [14] coupled to a third side of the first cell block [1], the third cover comprising “slots” [40] for cooling (i.e. slots [40] are the claimed “cooling channels”) (para 0139).
With respect to claims 9 and 12-13, Meintschel further discloses in fig. 10 a second cell block [1] having a first side facing the first cell block [1] (para 0156-0160), wherein each of the first and second cell blocks [1] in figs. 10-11 is assembled like “the cell blocks of one of the previous embodiments” (e.g. fig. 1 embodiment) (para 0061, 0070-0071, and 0156-0160); thus the second cell block [1] also comprises: a “first pressure plate” [18] and “frame” [12] (i.e. claimed “third cover” [18],[12]) coupled to the first side of the second cell block [1] and a “second pressure plate” (i.e. claimed “fourth cover”) [20] coupled to a second side of the second cell block [1] opposite the first side of the second cell block [1] (para 0129 and 0156); the third cover [18],[12] comprises a second extending portion [42],[52] extending from the surface of the third cover [18],[12]. Meintschel further discloses additional cell blocks (e.g. a third cell block [1)] is arranged next to the first and second cell blocks [1] (para 0155, 0157, 0159, and 0161), the third cell block [1] also having “the cell blocks of one of the previous embodiments” (e.g. fig. 1 embodiment) (para 0155-0156 and 0159-0160); thus the third cell block [1] has a fifth cover [18],[12] coupled to a first side of the third cell block [1], a third extending portion [42],[48] extending from a surface of the fifth cover [18],[12], the third extending portion capable of being coupled (i.e. fastened) to the second cover [18],[12] and a housing, and a fourth extending portion [42],[52] of the fourth cover [18],[12] is capable of being coupled to the housing (para 0139, 0155-0162, and 0336).
With respect to claim 10, Meintschel further teaches in combined figs. 1, 5, and 10-11: the second extending portion [42],[52] of the third cover [18],[12] comprises “connecting sheets” (i.e. claimed “connection flanges”) [60] spaced apart from each other and connected to the first extending portion [42],[52] of the first cover [18],[12] (para 0156-0160).
With respect to claim 11, Meintschel further teaches in combined figs. 1, 5, and 10-11: the third cover [18],[12] and connection flanges [60] are connected together to form a single integrated structure (para 0156-0160).
With respect to claim 14, Meintschel discloses a storage device for electric energy comprising plural storage cells (i.e. claimed “battery pack”) comprising a housing accommodating (i.e. covering) a battery assembly (Abstract; fig. 1; para 0055 and 0124), wherein fig. 1 depicts the battery assembly comprising: a first cell block [1] (Abstract; para 0061); a “first pressure plate” [18] (i.e. claimed “first cover” [18]) coupled to a first side of the first cell block [1] and a “second pressure plate” (i.e. claimed “second cover”) [20] coupled to a second side of the first cell block [1] opposite the first side (para 0129); the first cover [18] comprises “lugs” (i.e. claimed “first extending portion”) [52] extending from a surface of the first cover [18] (para 0139 and 0142). Meintschel further discloses in figs. 10-11 the battery assembly comprising a second cell block [1] having a first side facing the first cell block [1] (para 0156-0160), wherein each of the first and second cell blocks [1] in figs. 10-11 is assembled like “the cell blocks of one of the previous embodiments” (e.g. fig. 1 embodiment) (para 0061, 0070-0071, and 0156-0160); thus the second cell block [1] also comprises: a “first pressure plate” [18] (i.e. claimed “third cover” [18]) and a “second pressure plate” (i.e. claimed “fourth cover”) [20] (para 0129 and 0156); the third cover [18] comprises a second extending portion [52] extending from the surface of the third cover [18], wherein the third cover [18] is capable of being coupled (i.e. fastened) to the housing, and wherein a first side of the battery assembly (shown in figs. 10-11) is coupled to the third cover [18] and a second side of the battery assembly is spaced apart from a surface of the housing via connecting sheets [60] (para 0139, 0155-0162, and 0336).
With respect to claim 15, Meintschel further discloses the first cell block [1] is made of pouch cells (para 0328).
With respect to claims 16 and 17, Meintschel further discloses the housing is attached to the first cell block [1] via the first extending portion [52], screws [58], and “threaded sleeves located in the battery housing” (i.e. supporting structures located in the housing) (para 0142).
With respect to claim 18, Meintschel further discloses in figs. 10-11: the second cell block [1], the fourth cover [20] coupled to a first side of the second cell block [1] that faces the first cell block [1], the fourth cover comprising a second extending portion [52] extending from a surface of the fourth cover [20] (para 0129 and 0155-0163). Meintschel also teaches additional cell blocks (e.g. a third cell block [1)] is arranged next to the first and second cell blocks [1] (para 0155, 0157, 0159, and 0161), the third cell block [1] also having “the cell blocks of one of the previous embodiments” (e.g. fig. 1 embodiment) (para 0155-0156 and 0159-0160); thus the third cell block [1] has a fifth cover [18],[12] coupled to a second side the second cell block [1] opposite the first side of the second cell block [1] (para 0139, 0155-0162, and 0336).
With respect to claims 19 and 20, Meintschel further depicts in fig. 1 a frame (i.e. claimed “fourth cover”) [14] coupled to a third side of the first cell block [1], the third cover comprising “slots” [40] for cooling (i.e. slots [40] are the claimed “cooling channels”) (para 0139), wherein the third cover [18] is between the fourth cover [14] and the third side of the first cell block [1].
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,609,398. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the US Patent are narrower in scope than the claims of the current invention, and encompass the subject matter of the current claims. Therefore, any reference meeting the limitations set forth in claims 1-15 of the US Patent would also meet the requirements set forth in claims 1-20 of the current invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A BAND whose telephone number is (571)272-9815. The examiner can normally be reached Mon-Fri, 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL A BAND/Primary Examiner, Art Unit 1794
Prosecution Insights