DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. 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.
3. Claims 1 and 2-13 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 the limitation “A battery pack” in line 1. However, claims 2-11 recite “The battery module according to claim 1”. Furthermore, claim 12 recites “A battery pack, comprising two or more of the battery modules according to claim 1”. For the purpose of this Office Action, the limitation has been interpreted as “A battery module”.
4. Claims 2-13 are rejected as depending from claim 1.
5. Claim 12 recites the limitation "two or more of the battery modules according to claim 1" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "two or more battery modules according to claim 1".
Double Patenting
6. 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.
7. Claims 1-5, 7-9, 12 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-11 of U.S. Patent No. 11,984,612. Although the claims at issue are not identical, they are not patentably distinct from each other because instant independent claim 1 recites a battery module that is similar in structure to the battery module recited in claim 1 of U.S. Patent 11,984,612. Instant claims 2-5, 7-9, 12, and 13 recite structures that are the same as claims 3-11 of U.S. Patent 11,984,612.
Allowable Subject Matter
8. The following is a statement of reasons for the indication of allowable subject matter: the invention in independent claim 1 is directed to a battery module, comprising: a battery assembly configured to include a plurality of secondary batteries and have a front side, a rear side, an upper side, a lower side, a left side and a right side; and a housing including a first frame located at the left side of the battery assembly and having a plate shape with opposing ends bent rightward so that bent portions of the opposing ends of the first frame are respectively located at the upper side and the lower side of the battery assembly to surround at least a portion of each of the upper side and the lower side of the battery assembly, and a second frame located at the right side of the battery assembly and having a plate shape with opposing ends bent leftward so that bent portions of the opposing ends of the second frame are respectively located at the upper side and the lower side of the battery assembly to surround at least a portion of each of the upper side and the lower side of the battery assembly, wherein ends of the bent portions of the first frame and ends of the bent portions of the second frame extend toward one another in a coupling direction, wherein the ends of the bent portions of the first frame and the ends of the bent portions of the second frame are coupled to one another by a male-female coupling unit having a male-female coupling structure configured to restrict movement of the first frame and the second frame relative to each other, and wherein the male-female coupling structure includes a first convex structure protruding outwardly away from the plurality of secondary batteries and a second convex structure protruding outwardly away from the plurality of secondary batteries, wherein the first convex structure is recessed to receive the second convex structure so as to restrict movement of the first frame and the second frame relative to each other in the coupling direction.
The prior art of Ushijima (US 2012/0244422) as cited in IDS dated 4/5/24 discloses a battery module([0027], Figs. 1 & 2), comprising: a battery assembly configured to include a plurality of secondary batteries (200, Fig. 2, [0027]) and have a front side (see side near front section 12, Fig. 2), a rear side(see side near back section 13, Fig. 2), an upper side(see side near cap body 2, Fig. 2), a lower side(see side near bottom section 11, Fig. 2), a left side and a right side (see side near side sections 14, Fig. 2); and a housing including a first frame located at the left side of the battery assembly and having a plate shape with opposing ends bent rightward so that bent portions of the opposing ends of the first frame are respectively located at the upper side and the lower side of the battery assembly to surround at least a portion of each of the upper side and the lower side of the battery assembly, and a second frame located at the right side of the battery assembly and having a plate shape with opposing ends bent leftward so that bent portions of the opposing ends of the second frame are respectively located at the upper side and the lower side of the battery assembly to surround at least a portion of each of the upper side and the lower side of the battery assembly(see Fig. A as annotated Fig. 2)
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Fig. A,
wherein ends of the bent portions of the first frame and ends of the bent portions of the second frame extend toward one another in a coupling direction(Fig. A), wherein the ends of the bent portions of the first frame and the ends of the bent portions of the second frame are coupled to one another by a male-female coupling unit having a male-female coupling structure configured to restrict movement of the first frame and the second frame relative to each other(screws 6 with nuts 61, [0033], Figs. 2 & 6), but does not disclose, teach or render obvious wherein the male-female coupling structure includes a first convex structure protruding outwardly away from the plurality of secondary batteries and a second convex structure protruding outwardly away from the plurality of secondary batteries, wherein the first convex structure is recessed to receive the second convex structure so as to restrict movement of the first frame and the second frame relative to each other in the coupling direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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