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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 16, 18-23 in the reply filed on 6/22/2026 is acknowledged.
Claims 17, 24-30 were withdrawn as being drawn to non-elected inventions. However, after a complete search was performed, it was found that Group I and Group III are allowable. Hence, the restriction requirement is hereby withdrawn.
The Examiner further notes that the X references found on the International Search Report did not anticipate, nor find obvious, the instant claims. See reasons for allowable subject matter below.
Hence, full consideration was given to claims 16-30.
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 2/5/2024.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 2/5/2024 has been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 2/5/2024 are acceptable for examination purposes.
Claims Analysis
In claim 27, the limitation “for carrying out a method according to claim 16” has been given patentable weight because “at least one mounting element” recited in the body of the claim refers to “the mounting element” recited in the method in claim 16.
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 16-30 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 16, “the mounting element” lacks antecedent basis.
Regarding claim 17, “a contact surface” of the energy storage cell and/or to the arrangement surface is confusing because claims 16 already recites “the region of the energy storage cell being covered up to contact thereof with the arrangement surface”
Regarding claim 27, the limitation “at least one mounting element” has antecedent basis in claim 16. Hence, it is unclear what is the relationship between “at least one mounting element” in claim 27 and “the mounting element” in claim 16.
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 24-26 are rejected under 35 U.S.C. 102(a1) as being anticipated by Newman (US 2018/0316071).
Refer to figures 5and 7. Regarding claim 24, an energy store, comprising a multiplicity of energy storage cells 405, wherein:
the multiplicity of energy storage cells 405 is arranged and fastened on the supporting structure 515.
Regarding claim 25, the supporting structure 515 comprises a foamed plastic [0037].
Regarding claim 26, a housing 505, to which the supporting structure is fastened in a positively locking and/or non-positive and/or integrally joined manner 510.
Regarding claim 24 “produced in accordance with the method of claim 16”, it is a product-by-process limitation. The limitation is met by a final product that has a battery on a structure having a hole, and the hole covers a region of the battery, and hence is met by Newman.
Allowable Subject Matter
Claims 16-23, 27-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is Okiga (JP 2017-027736). Okiga discloses:
A method for producing an electric energy store, comprising:
providing a supporting structure for the arrangement of at least one energy storage cell, the supporting structure comprising an arrangement surface for the arrangement of at least one energy storage cell, and at least one opening which extends transversely with respect to the arrangement surface,
using the at least one opening for the arrangement of the mounting element which can be moved along a longitudinal axis of the opening.
Okiga does not disclose nor suggest:
“arranging an energy storage cell on the mounting element, as a result of which a region of the energy storage cell is covered; and,
arranging the energy storage cell on the arrangement surface via a movement of the mounting element and/or the supporting structure with respect to one another, the region of the energy storage cell being covered up to contact thereof with the arrangement surface via the mounting element” as recited in claim 16.
Refer to figure 9. Okiga discloses an opening 30 and a mounting element 60, but an energy cell 10 is not on the mounting element, but hanging from the mounting element 60. An ordinary artisan would not have found obvious the method of arranging an energy storage cell on the mounting element, because it would require a more complex mechanism to keep the battery on the mounting element and to pull the mounting element through the hole 30. Because the mounting element is generally larger than the hole, an ordinary artisan would not have found it obvious to reduce the size of the mounting element to move it through the hole.
Regarding claim 27, Okiga does not disclose nor suggest an apparatus for carrying out a method according to claim 16, comprising:
a load-bearing structure which has at least one mounting element which extends along the longitudinal axis and, on the end side, has a masking surface which is designed and shaped to cover a region or portion of an energy storage cell, for the same reasons recited above.
The Examiner notes that the X references cited in the International Search Report do not disclose, nor suggest, the limitation “arranging an energy storage cell on the mounting element, as a result of which a region of the energy storage cell is covered; and,
arranging the energy storage cell on the arrangement surface via a movement of the mounting element and/or the supporting structure with respect to one another, the region of the energy storage cell being covered up to contact thereof with the arrangement surface via the mounting element” as recited in claim 16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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