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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Chi et al. (US 20190326569 A1), hereinafter Chi.
Regarding claim 1, Chi teaches a coupling assembly for coupling two battery modules of an energy storage system, wherein each battery module is configured to comprise a plurality of electrochemical battery cells [0045]
and wherein the coupling assembly extends in a longitudinal direction, a width direction, and a vertical direction (Fig. 4, 121, 122, [0046]), the coupling assembly comprising:
a first panel member configured to be associated with a first one of the two battery modules, wherein the first panel member comprises a first panel member first side extending in the longitudinal direction and the vertical direction (See figure 7 below);
a second panel member configured to be associated with a second one of the two battery modules, wherein the second panel member comprises a second panel member first side extending in the longitudinal direction and the vertical direction (See figure 7 below);
PNG
media_image1.png
1049
1105
media_image1.png
Greyscale
and a coupling interface for coupling the first and second panel members to each other (See figure 7 below);
wherein the first and second panel members are configured to be coupled to each other via the coupling interface such that, when the first and second panel members are coupled, the first panel member first side is facing the second panel member first side (See figure 7 below);
wherein the coupling interface comprises an upper coupling interface and a lower coupling interface, as seen in the vertical direction, wherein the upper and lower coupling interfaces are offset from each other in the vertical direction (See figure 7 below);
and wherein a first one of the upper and lower coupling interfaces is configured such that a relative movement of the first and second panel members in the vertical direction and/or in the longitudinal direction is required to couple the first and second panel members (See figure 7 below),
PNG
media_image2.png
1049
1105
media_image2.png
Greyscale
wherein the first one of the upper and lower coupling interfaces comprises a first connection member attached to the first panel member and a second connection member attached to the second panel member, wherein the first connection member and the second connection member are configured to mechanically interconnect (See figure 7 below),
wherein the first connection member comprises a first wall segment extending in the longitudinal direction and the vertical direction and the second connection member comprises a second wall segment extending in the longitudinal direction and the vertical direction, wherein the first wall segment is configured to mesh with the second wall segment when the first and second panel members are coupled such that the first and second panel members are prevented from being disconnected from each other in the width direction (See figure 7 below).
PNG
media_image3.png
1049
1105
media_image3.png
Greyscale
Regarding claim 2, Chi teaches the coupling assembly of claim 1, wherein the first connection member comprises a plurality of respective first wall segments and the second connection member comprises a plurality of respective second wall segments (See figure 7 below).
Regarding claim 3, Chi teaches the coupling assembly of claim 2, wherein the plurality of respective first wall segments are offset from each other in the width direction and the plurality of respective second wall segments are offset from each other in the width direction (See figure 7 below).
PNG
media_image4.png
1049
1105
media_image4.png
Greyscale
Regarding claim 4, Chi teaches the coupling assembly of claim 1, wherein the first connection member and/or the second connection member comprises a reservoir for receiving an adhesive for bonding the first connection member to the second connection member (Fig. 7, 222c). 222c here is an empty groove that can function as a reservoir for receiving an adhesive. The limitation “for receiving an adhesive for bonding the first connection member to the second connection member“ is an intended use limitation. Absent structural differences between a claim and a prior art material or article, a recitation of the claimed material or article’s intended use cannot alone patentably distinguish the claimed invention from the prior art. See MPEP 2114 I-II, citing, e.g., Ex parte Masham, 2 USPQ2d 1647 (BPAI 1987). Thus, if the prior art structure is capable of performing the intended use, as Chi is, it meets the claim. See MPEP 2111.02 II, citing In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Regarding claim 5, Chi teaches the coupling assembly of claim 1, wherein a second one of the upper and lower coupling interfaces comprises a third connection member attached to the first panel member and a fourth connection member attached to the second panel member, wherein the third and fourth connection members are configured to be coupled to each other by use of a fastener, such as a rivet or a screw (See figure 7 below, [0057]).
Regarding claim 6, Chi teaches the coupling assembly of claim 5, wherein the third and fourth connection members comprise a respective opening for receiving the fastener, wherein the openings are configured such that the fastener is insertable through the third and fourth connection members in a direction which substantially extends along the vertical direction (See figure 7 below).
PNG
media_image5.png
1049
1105
media_image5.png
Greyscale
Regarding claim 7, Chi teaches the coupling assembly of claim 1, wherein at least one of the first and second panel members is an extruded profile with an extrusion direction corresponding to the longitudinal direction. [E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (MPEP 2113)
Regarding claim 8, Chi teaches the coupling assembly of claim 1, wherein the first one of the upper and lower coupling interfaces is the upper coupling interface (See figure 7 below).
PNG
media_image6.png
1049
1119
media_image6.png
Greyscale
Regarding claim 9, Chi teaches the coupling assembly of claim 1, wherein the first panel member comprises a first panel member second side which is opposite to the first panel member first side, wherein the first panel member second side comprises at least one support portion configured to hold the first one of the two battery modules (See figure 7 below).
Regarding claim 10, Chi teaches the coupling assembly of claim 1, wherein the second panel member comprises a second panel member second side which is opposite to the second panel member first side, wherein the second panel member second side comprises at least one support portion configured to hold the second one of the two battery modules (See figure 7 below).
PNG
media_image7.png
1051
1105
media_image7.png
Greyscale
Regarding claim 11, Chi teaches an energy storage system comprising two battery modules and the coupling assembly of claim 1 for coupling the two battery modules (Figure 7, 100, 200, [0046]).
Regarding claim 12, Chi teaches a vehicle comprising the energy storage system of claim 11 [0022].
Regarding claim 13, Chi teaches a method for coupling two battery modules by use of the coupling assembly of claim 1, the method comprising: coupling the first and second panel members to each other via the coupling interface such that, when the first and second panel members are coupled, the first panel member first side is facing the second panel member first side, wherein coupling the first and second panel members comprises coupling the first one of the upper and lower coupling interfaces by moving the first and second panel members relative to one another in the vertical direction and/or the longitudinal direction until the first one of the upper and lower coupling interfaces is coupled [0021].
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chi.
Regarding claim 2, Chi teaches the coupling assembly of claim 1, wherein the first connection member comprises a plurality of respective first wall segments and the second connection member comprises a plurality of respective second wall segments (See figure 7 below), but does not specifically teach that these plurality of first and second wall segments are offset from each other in the width direction. Chi states that “the shapes of the fitting protrusion 121 c and the fitting groove 222 c are not limited to those of FIG. 7, and any shape may be used as long as they are able to be fitted” [0075]. This means that it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the first and second connection members so that they are duplicated, as seen in the figure below. The duplication of prior art parts has been held to be an obvious variation. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); Petroleo Brasileiro S.A.-- Petrobras v. Comm’r of Patents and Trademarks, 2 USPQ2d 1720, 1721-22 (D.D.C. 1987) (affirming BPAI conclusion that using multiple reactors would have been obvious to one of skill in the art where the prior art teaches only a single, similar reactor); MPEP 2144.04 VI. B.
Regarding claim 3, modified Chi teaches the coupling assembly of claim 2, wherein the plurality of respective first wall segments are offset from each other in the width direction and the plurality of respective second wall segments are offset from each other in the width direction (See figure 7 below).
PNG
media_image8.png
1049
1105
media_image8.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schönberger et al. (US 20230006300 A1) teaches of a coupling assembly for coupling two battery modules. The coupling assembly has an upper and lower coupling interface (Fig. 3, [0054])
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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, Niki Bakhtiari can be reached at (571) 272-3433. 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.
/YVONNE WEI/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722
Prosecution Insights