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 .
Foreign Priority Conditions Not Met
Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in Japan on 07/20/2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-118530 application as required by 37 CFR 1.55. In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(g) together with the fee set forth in 37 CFR 1.17(g)(1), that includes a showing of good and sufficient cause for the delay in filing the certified copy of the foreign application. If the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
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.
Claims 1-3, 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher et al. (US-20230019895-A1) in view of Yamazaki et al. (US-20180138476-A1), hereafter referred to as Gallagher and Yamazaki, respectively.
Regarding Claim 1, Gallagher teaches a battery pack comprising: a plurality of cylindrical batteries (“A battery cell assembly includes a frame and multiple battery cells,” Abstract; Figs. 1 and show the batteries are cylindrical); a heat absorbing member disposed between one cylindrical battery and another cylindrical battery of the plurality of cylindrical batteries (Figs. 1 and 2 show that portions of the frame 12 are disposed between the batteries; “Heat can be conducted from the battery cells 16 into the frame 12 by the gap filler 24. Here, the frame 12 is likewise manufactured from a thermally conductive but solid or dimensionally stable material,” paragraph 33, which indicates these portions of the frame serve as a heat absorbing member); and a battery holder that houses the plurality of cylindrical batteries and the heat absorbing member (“The frame can therefore accordingly also be referred to as a cell holder,” paragraph 7; 12/22 in Figs. 1 and 2), wherein the battery holder includes an enclosure along an outer periphery of the plurality of cylindrical batteries, and a first groove extending along an axial direction of the cylindrical battery housed in the battery holder (“a plurality of spacers 22 are arranged in this spacing, the battery cells 16 being centered and fixed in the respective recess 14 by the spacers,” paragraph 32; 22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22). Gallagher fills such grooves with gap filler that is used both to dissipate heat and to bond the batteries to the frame (“A respective gap filler is arranged between lateral surfaces of the battery cells and the recess inner faces facing the lateral surfaces, said gap filler connecting the battery cells and the frame together,” Abstract; “gap filler to be formed from a permanently deformable thermally conductive material,” paragraph 10; “the gap filler can preferably be a thermally conductive adhesive,” paragraph 10).
Gallagher does not teach a second groove extending along a circumferential direction of the cylindrical battery housed in the battery holder are provided on an inner surface of the enclosure of the battery holder, and the first groove and the second groove are connected to each other. However, Yamazaki teaches a battery pack of cylindrical batteries, where grooves are added to the interior and filled with adhesive. Yamazaki teaches a second groove extending along a circumferential direction of the cylindrical battery housed in the battery holder are provided on an inner surface of the enclosure of the battery holder (“a plurality of grooves 72 that are formed on the inner circumferential surface of the retention hole 15 and that extend in the circumferential direction,” paragraph 51; 72 in Fig. 4). Yamazaki teaches that, without such circumferential grooves, “the amount of the applied adhesive tends to be non-uniform in the circumferential direction,” paragraph 5.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Gallagher and modify it to include the second groove taught by Yamazaki, which when added, the first and second grooves of modified Gallagher would be connected. Doing so would allow the gap filler disclosed in Gallagher to be applied with more uniformity in the circumferential direction, as taught by Yamazaki.
Regarding Claim 2, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein Gallagher further teaches a plurality of the first grooves are provided (“a plurality of spacers 22 are arranged in this spacing, the battery cells 16 being centered and fixed in the respective recess 14 by the spacers,” paragraph 32; 22/12 in Figs. 1 and 2 show that a plurality of axial grooves exist in each recess 14 that is not occupied by the spacers 22), and Yamazaki teaches a plurality of the second grooves are provided (“a plurality of grooves 72 that are formed on the inner circumferential surface of the retention hole 15 and that extend in the circumferential direction,” paragraph 51; 72 in Fig. 4).
Regarding Claim 3, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, but they do not explicitly teach that a width of the second groove is larger than a width of the first groove. However, if the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Please see MPEP § 2144.04(IV)(A) and Gardner v. TEC Syst., Inc., 220 USPQ 777. Furthermore, the instant application indicates no significance for this particular configuration, explicitly noting that other comparative widths are acceptable: “a width of the first groove 103 and a width of the second groove 104 may be substantially the same, or the width of the second groove 104 may be twice or less the width of the first groove 103. The width of the second groove 104 may be narrower than the width of the first groove 103,” paragraph 30.
Regarding Claim 4, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein the second groove is connected to a plurality of mutually different portions of the first groove [the first groove disclosed by Gallagher extends the full length of each battery (22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22 of Gallagher) and the second groove disclosed by Yamazaki extends the full circumference (72 in Fig. 4 of Yamazaki); as a result, when combined, the plurality of second grooves will all intersect the plurality of first grooves to form a grid pattern, and each second groove will thus be connected to a plurality of mutually different portions of the first groove].
Regarding Claim 5, Gallagher modified by Yamazaki teaches the battery pack according to claim 4, wherein one second groove is connected to one end of the first groove, and another second groove is connected to the other end of the first groove [the first groove disclosed by Gallagher extends the full length of each battery (22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22 of Gallagher) and the second groove disclosed by Yamazaki extends the full circumference (72 in Fig. 4 of Yamazaki); thus, when combined, a second groove will be connected to one end of the first groove, and another second groove will be connected to the other end of the first groove].
Regarding Claim 6, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein the plurality of second grooves are connected to a predetermined portion of the first groove [when the circumferential grooves taught by Yamazaki (72 in Fig. 4 of Yamazaki) are added to the battery pack taught by Gallagher, the plurality of second grooves are connected to a predetermined portion of the first groove in Gallagher’s battery pack).
Regarding Claim 7, Gallagher modified by Yamazaki teaches the battery pack according to claim 6, wherein one second groove and another second groove are connected to one end of the first groove (72 in Fig. 4 of Yamazaki shows that the plurality of second grooves extend axially up to the top of the battery holder; when added to the battery pack taught by Gallagher, multiple second grooves will connect to one end of the first groove).
Regarding Claim 8, Gallagher teaches a battery pack comprising: a plurality of cylindrical batteries; a heat absorbing member disposed between one cylindrical battery and another cylindrical battery of the plurality of cylindrical batteries (“A battery cell assembly includes a frame and multiple battery cells,” Abstract; Figs. 1 and show the batteries are cylindrical); and a battery holder that houses the plurality of cylindrical batteries and the heat absorbing member (Figs 1 and 2 show that portions of the frame 12 are disposed between the batteries; “Heat can be conducted from the battery cells 16 into the frame 12 by the gap filler 24. Here, the frame 12 is likewise manufactured from a thermally conductive but solid or dimensionally stable material,” paragraph 33, which indicates these portions of the frame serve as a heat absorbing member), wherein the battery holder includes an enclosure along an outer periphery of the plurality of cylindrical batteries, a plurality of protrusions are provided on an inner surface of the enclosure, and the plurality of protrusions are provided along a circumferential direction of the cylindrical battery housed in the battery holder (22 in Figs 1 and 2). Gallagher fills the spaces between the protrusions with gap filler that is used both to dissipate heat and to bond the batteries to the frame (“A respective gap filler is arranged between lateral surfaces of the battery cells and the recess inner faces facing the lateral surfaces, said gap filler connecting the battery cells and the frame together,” Abstract; “gap filler to be formed from a permanently deformable thermally conductive material,” paragraph 10).
Gallagher does not teach that the plurality of protrusions are also provided along an axial direction of the cylindrical battery housed in the battery holder. However, Yamazaki teaches a battery pack of cylindrical batteries, where grooves are added to the interior and filled with adhesive material. Yamazaki teaches a second groove extending along a circumferential direction of the cylindrical battery housed in the battery holder are provided on an inner surface of the enclosure of the battery holder (“a plurality of grooves 72 that are formed on the inner circumferential surface of the retention hole 15 and that extend in the circumferential direction,” paragraph 51; 72 in Fig. 4). Yamazaki teaches that, without such circumferential grooves, “the amount of the applied adhesive tends to be non-uniform in the circumferential direction,” paragraph 5. Adding such circumferential grooves to the battery pack disclosed by Gallagher would separate Gallagher’s protrusions 22 into a plurality of protrusions in the axial direction.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack and protrusions taught by Gallagher and modify it to include the second groove taught by Yamazaki, which when added, creates a plurality of protrusions in the axial direction. Doing so would allow the gap filler disclosed in Gallagher to be applied with more uniformity in the circumferential direction, as taught by Yamazaki.
Regarding Claim 9, Gallagher modified by Yamazaki teaches the battery pack according to claim 8, but not wherein a distance between a plurality of protrusions provided along the axial direction of the cylindrical battery housed in the battery holder is wider than a distance between a plurality of protrusions provided along the circumferential direction of the cylindrical battery housed in the battery holder. However, Yamazaki emphasizes that the circumferential grooves determine the distance between the protrusions in the axial direction. Reference notes that axial grooves, which determine the distance between the protrusions in the circumferential direction, have a downside in that “the adhesive that is yet to be cured may drip from the ends of the cylindrical holes to the outside,” paragraph 5. Circumferential grooves do not have this downside, and as previously stated, providing circumferential grooves allots more circumferential uniformity in the distribution of the thermally conductive adhesive.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to take the battery pack taught by Gallagher and modified by Yamazaki, creating protrusions in the axial and circumferential direction, and further modifying the battery pack such that the distance between protrusions in the axial direction is wider than in the circumferential direction in order to reduce the proportion of adhesive at potential risk of dripping from the axial recesses before it cures and to provide even more circumferential uniformity, as taught by Yamazaki.
Regarding Claim 12, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein the battery holder includes a battery holder component that are divided into a plurality of battery holder components in the axial direction of the cylindrical battery housed in the battery holder.
However, making a component separable is considered an obvious design choice. Please see MPEP § 2144.04(V)(C).
Regarding Claim 13, Gallagher modified by Yamazaki does not teach the battery pack according to claim 12, wherein the second groove includes one battery holder component and another battery holder component of the plurality of battery holder components connected to each other along the axial direction. However, Yamazaki teaches that the plurality of second grooves are fully connected (i.e., they form a full circle around each respective cylindrical battery they surround; 72 in Fig. 4). If the battery hold were separated into components, the second grooves would thus connect when the components are united. Furthermore, making a component separable is considered an obvious design choice. Please see MPEP § 2144.04(V)(C).
Regarding Claim 14, Gallagher modified by Yamazaki does not teach the battery pack according to claim 12, wherein the plurality of battery holder components are arranged in series. However, making a component separable is considered an obvious design choice. Please see MPEP § 2144.04(V)(C).
Regarding Claim 15, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein a groove in a bent form includes the first groove and the second groove [the first groove disclosed by Gallagher (22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22 of Gallagher) and the second groove disclosed by Yamazaki (72 in Fig. 4 of Yamazaki) are shown to have different extending directions along the contour of the cylindrical housing and thus form a groove in a bent form as a whole].
Regarding Claim 16, Gallagher modified by Yamazaki teaches the battery pack according to claim 1, wherein the first groove and the second groove intersect each other [the first groove disclosed by Gallagher extends the full length of each battery (22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22 of Gallagher) and the second groove disclosed by Yamazaki extends the full circumference (72 in Fig. 4 of Yamazaki); thus, when combined, the grooves will intersect each other].
Regarding Claim 17, Gallagher modified by Yamazaki teaches the battery pack comprising: a plurality of cylindrical batteries; a heat absorbing member disposed between one cylindrical battery and another cylindrical battery of the plurality of cylindrical batteries; and a battery holder that houses the plurality of cylindrical batteries and the heat absorbing member, wherein the battery holder includes an enclosure along an outer periphery of the plurality of cylindrical batteries (“A battery cell assembly includes a frame and multiple battery cells,” Abstract; Figs. 1 and show the batteries are cylindrical), a plurality of protrusions are provided on an inner surface of the enclosure of the battery holder (22 in Figs. 1 and 2), a first groove extending along an axial direction of the cylindrical battery housed in the battery holder (“a plurality of spacers 22 are arranged in this spacing, the battery cells 16 being centered and fixed in the respective recess 14 by the spacers,” paragraph 32; 22/12 in Figs. 1 and 2 show that axial grooves exist in each recess 14 that is not occupied by the spacers 22). Gallagher fills such grooves with gap filler that is used both to dissipate heat and to bond the batteries to the frame (“A respective gap filler is arranged between lateral surfaces of the battery cells and the recess inner faces facing the lateral surfaces, said gap filler connecting the battery cells and the frame together,” Abstract; “gap filler to be formed from a permanently deformable thermally conductive material,” paragraph 10; “the gap filler can preferably be a thermally conductive adhesive,” paragraph 10).
Gallagher does not teach that a second groove extending along a circumferential direction of the cylindrical battery housed in the battery holder is provided on the inner surface of the enclosure of the battery holder, and the protrusion includes a portion surrounded by the first groove and the second groove. However, Yamazaki teaches a battery pack of cylindrical batteries, where grooves are added to the interior and filled with adhesive material. Yamazaki teaches a second groove extending along a circumferential direction of the cylindrical battery housed in the battery holder are provided on an inner surface of the enclosure of the battery holder (“a plurality of grooves 72 that are formed on the inner circumferential surface of the retention hole 15 and that extend in the circumferential direction,” paragraph 51; 72 in Fig. 4). Yamazaki teaches that, without such circumferential grooves, “the amount of the applied adhesive tends to be non-uniform in the circumferential direction,” paragraph 5.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Gallagher and modify it to include the second groove taught by Yamazaki, which when added, the first and second grooves of modified Gallagher would create protrusions that are surrounded by the first groove and the second groove. Doing so would allow the gap filler disclosed in Gallagher to be applied with more uniformity in the circumferential direction, as taught by Yamazaki.
Regarding Claim 18, Gallagher modified by Yamazaki teaches the battery pack according to claim 17, wherein Gallagher teaches a portion extending in a longitudinal direction of the first groove or the second groove faces the protrusion (Figs. 1 and 2 show the plurality of first grooves are distributed along inside of the cylindrical housing surface, where each is facing a protrusion 22).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN P WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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, Veronica Ewald can be reached at (571) 272-8519. 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.
/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
Prosecution Insights