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
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.
(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) 1-7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nierescher US20190058174A1.
Regarding claim 1, Nierescher discloses a battery pack (Nierescher, Fig. 1, 10) comprising:
a plurality of battery cells (Nierescher, Fig. 2, 12) arranged adjacent to one another in a first direction (Nierescher, Figs. 1-2, 12 arranged adjacent in a direction), and
a case holder (Nierescher, Fig. 1, 26) fixing the plurality of battery cells at a specific position (Nierescher, [0051]), the case holder comprises:
an upper holder (Nierescher, Fig. 1, 30) accommodating a portion of the plurality of battery cells in a radial direction of the plurality of battery cells, (Nierescher, Figs. 1-2, 12, 30), and
a lower holder (Nierescher, Fig. 1, 32) facing the upper holder with the plurality of battery cells therebetween (Nierescher, Figs. 1-2, 12, 30, 32) and supporting the plurality of battery cells in the radial direction of the plurality of battery cells in a sandwich form (Nierescher, [0052]).
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Regarding claim 2, Nierescher also discloses wherein a parting line (Nierescher, Fig. 2, parting line) separating the upper holder and the lower holder from each other (Nierescher, Fig. 2, 30, 32) comprises a plurality of lines (Nierescher, Fig. 2, plurality of lines).
Regarding claim 3, Nierescher additionally discloses wherein the plurality of lines of the parting line comprises a combination of straight lines parallel to the radial direction of the plurality of battery cells (Nierescher, Fig. 2, parting line, plurality of lines which are straight, 12).
Regarding claim 4, Nierescher further discloses wherein the lower holder comprises a fixing hook (Nierescher, Fig. 2, 34 and 36) protruding toward the upper holder (Nierescher, Fig. 2, 30), and wherein the upper holder comprises a hook coupling hole (Nierescher, Fig. 2, 38) through which the fixing hook is fixed (Nierescher, [0063]).
Regarding claim 5, Nierescher also discloses wherein a central line of the fixing hook is formed eccentrically from a center of the hook coupling hole (Nierescher, Fig. 2, 34 and 36, 38), a central line of the fixing hook 34 and 36 is eccentric from a center of the hole as they are not aligned completely.
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Regarding claim 6, Nierescher additionally discloses wherein the central line of the fixing hook (Nierescher, Fig. 2, central line) is formed at a bisection point (Nierescher, Fig. 2, bisection point) of a line segment connecting centers of adjacent ones of the battery cells (Nierescher, Fig. 2, 12).
Regarding claim 7, Nierescher additionally teaches wherein the fixing hook (Nierescher, Figs. 1-2, 34 and 36) is formed at opposite ends in a longitudinal direction of the plurality of battery cells (Nierescher, Figs. 1-2, 12), each set of cells has a fixing hook at opposite ends in a longitudinal direction.
Regarding claim 9, Nierescher further teaches wherein the lower holder comprises a separation preventing projection (Nierescher, Fig. 2, 24 and 40) configured to prevent separation of the plurality of battery cells in a longitudinal direction of the plurality of battery cells (Nierescher, [0054]).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nierescher US20190058174A1 in view of BASF, "Snap-fit Design Manual." (2007) (hereafter referred to as BASF).
Regarding claim 8, Nierescher does not disclose wherein the fixing hook is in a range of 3 mm to 10 mm inside, from an end of the plurality of battery cells, in a second direction.
BASF teaches it is well known in the art to modify and design the dimensions of the fixing hook (BASF, p. III-2, sections I-III) of containers such that properties like deflection magnification factor are optimized (BASF, Fig. IV-1). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the fixing hook of Nierescher through routine experimentation, accordingly as BASF teaches this is well known in the art, wherein the fixing hook is in a range of 3 mm to 10 mm inside, from an end of the plurality of battery cells, in a second direction, thereby optimizing properties like deflection magnification factor (BASF, Fig. IV-1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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