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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-13) in the reply filed on 08/05/2026 is acknowledged.
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/05/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "01T" and "02T" as seen in Fig. 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 lacks a transitional phrase after the preamble “an assembled battery” in line 1. Examiner suggests substituting the word “with” after the preamble with a transitional phrase in order to more clearly define the scope of the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 5 and 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 5 recites the limitation “the battery” in line 2. However, it is unclear if this limitation is referring generally to the “assembled battery” in line 1, one of the plurality of batteries introduced in line 1 of claim 1, or each of the plurality of batteries introduced in line 1 of claim 1. Based on Fig. 5B and paragraph [0104] of the instant application, it is assumed that this limitation is intending to refer to each of the plurality of batteries. For examination purposes, “the battery” in line 2 will be read as “each of the plurality of batteries.”
Claim 13 recites the limitation “the insulation member” in line 5. There is lack of antecedent basis for this limitation in the claims. Thus, it is unclear what this limitation is referring to. For examination purposes, “the insulation member” in line 5 will be read as “an insulation member.”
Appropriate correction is required in order to overcome the indefiniteness rejections. Suggested corrections are bolded and underlined for emphasis only.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-2, 6, 9-10, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi (US 2022/0278384) (of record).
Regarding claim 1, Takahashi discloses an assembled battery (100) (title; see Fig. 1) with a plurality of stacked batteries (1) tightly tied with holding members (15+20) and mounted on a mounting object (50) (see Figs. 1 and 2; [0043]); wherein regarding each of the plurality of batteries (1), a power storage element (positive and negative electrode) is placed in a battery container having a bottom face (see Figs. 2 and 5; [0048]-[0050]); at least the bottom face is covered with an insulation member (42) (see Fig. 5; [0065]); the bottom face is placed opposite the mounting object’s side (see Fig. 5); and the holding members (15+20) have end members (20) placed at both ends of the batteries (1) in a stacking direction (see Figs. 1 and 2; [0043]); and wherein each of the end members (20) has, on the mounting object’s side: a first area (23); and a second area (22) formed to protrude towards the mounting object’s side beyond the first area (23) and the bottom face (see Figs. 3 and 5; [0068]-[0070]).
Regarding claim 2, Takahashi discloses all of the limitations as set forth above for claim 1. Takahashi further discloses that the second area (22) is located on both sides of the first area (23) (see Fig. 3; [0068]-[0069]).
Regarding claim 6, Takahashi discloses all of the limitations as set forth above for claim 1. Takahashi further discloses that a plurality of legs (22), each of which forms the second area (22), are integrally attachable/detachable to the mounting object (50) (see Figs. 1 and 2; [0068]-[0069]).
Regarding claim 9, Takahashi discloses all of the limitations as set forth above for claim 6. Takahashi further discloses that a heat transfer sheet (40) is placed in a first virtual space positioned between a first virtual flat surface, which is bottom faces of the plurality of batteries (1) and includes the first area (23), and the mounting object (50) (see Figs. 1, 3, and 4; [0043]). Takahashi further discloses that the heat transfer sheet (40) is thermally conductive and exchanges heat between the batteries (1) and the mounting object (50) ([0043]; [0064]). Thus, the disclosed heat transfer sheet (40) reads on both the claimed thermal conductive unit and the claimed heat exchanging unit.
Regarding claim 10, Takahashi discloses all of the limitations as set forth above for claim 9. Takahashi further discloses that the heat transfer sheet (40), which corresponds to both the claimed thermal conductive unit and the claimed heat exchanging unit, is placed in the first virtual space and is caused not to enter contact with the legs (22) (see Fig. 3; [0068]).
Regarding claim 12, Takahashi discloses all of the limitations as set forth above for claim 1. Examiner notes that the claims do not specify any boundaries of the first area relative to the end members. Thus, the claimed first area of the end members can constitute any arbitrary portion of the end members on the mounting object’s side that is recessed relative to the second area. Indeed, this is consistent with applicant’s own disclosure. For instance, an exemplary embodiment of the instant application shows that a width (12T) of the first area (A) can constitute only a small portion of the maximum width (11T) of the end member (30), even though the width (12T) excludes portions of the end member (30) also designated as part of the first area (A) (see Fig. 5A and [0096]-[0100] of the instant application; see also Fig. 2). Thus, under BRI, examiner can consider the surface of the first area (23) disclosed by Takahashi as only being provided within a range of ½ or less of a maximum length of the end member (20) from a side where the plurality of batteries (1) exist, in the stacking direction of the plurality of batteries (1). Thus, Takahashi reads on all of the limitations in claim 12.
Claims 1-4, 6-8, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Machida et al. (JP 2012256465 with English Machine Translation) (of record) (Machida).
Regarding claim 1, Machida discloses an assembled battery (M) (title; see Fig. 1) with a plurality of stacked batteries (11) tightly tied with holding members (13+14) and mounted on a mounting object (28) (see Figs. 1 and 5; [0019]; [0044]); wherein regarding each of the plurality of batteries (11), a power storage element (inherent for lithium-ion batteries) is placed in a battery container (11a-11d) having a bottom face (11d) (see Figs. 2 and 5; [0017]); at least the bottom face (11d) is covered with an insulation member (12g) (see [0017] which notes that the holders 12 are made of synthetic resin; see also Fig. 7; [0026]); the bottom face (11d) is placed opposite the mounting object’s side (see Fig. 5; [0044]); and the holding members (13+14) have end members (13) placed at both ends of the batteries (11) in a stacking direction (see Fig. 1; [0019]); and wherein each of the end members (13) has, on the mounting object’s side: a first area (13e); and a second area (13f+29) formed to protrude towards the mounting object’s side beyond the first area (13e) and the bottom surface (11d) (see Figs. 5 and 6; [0029]).
Regarding claim 2, Machida discloses all of the limitations as set forth above for claim 1. Machida further discloses that the second area (13f+29) is located on both sides of the first area (13e) (see Figs. 5 and 6).
Regarding claim 3, Machida discloses all of the limitations as set forth above for claim 1. Machida further discloses that the assembled battery (M) has a spacer (12) located between the plurality of stacked batteries (11) (see Fig. 1; [0019]); and wherein the spacer (12) has, on the mounting object’s side, a third area and a fourth area (12g) which protrudes towards the mounting object’s side beyond the third area and the bottom face (11d) (see Modified Figure 3A below; see also Fig. 7; [0026]).
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Modified Figure 3A, Machida
Regarding claim 4, Machida discloses all of the limitations as set forth above for claim 3. Machida further discloses that the spacer (12) has the fourth area located on both sides of the third area (see Modified Figure 3A above).
Regarding claim 6, Machida discloses all of the limitations as set forth above for claim 1. Machida further discloses that a plurality of legs (13f+29), each of which forms the second area (13f+29) are attachable/detachable to the mounting object (28) (see Figs. 5 and 6; [0044]). Specifically, Machida discloses that part of the legs (13f) are integrally attachable/detachable to the mounting object (28), and part of the legs (29) are separately attachable/detachable to the mounting object (28) (see Figs. 5 and 6; [0044]).
Regarding claim 7, Machida discloses all of the limitations as set forth above for claim 6. Machida further discloses that the legs (13f+29) are of a tapered shape whose lower part becomes narrower towards the mounting object (28/vehicle body) (see Modified Figure 5 below; [0044]).
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Modified Figure 5, Machida
Regarding claim 8, Machida discloses all of the limitations as set forth above for claim 6. Under an alternative interpretation, examiner considers the holders (12) at both ends of the stacked batteries (11) as corresponding to the claimed end plates (see Figs. 1 and 4; [0019]). Furthermore, it is clear that these end plates (12) still comprise the required first area and second area (12f+12h+12g) protruding beyond the first area and the bottom face (11d) (see Modified Figure 3A below; [0023]). Additionally, these end plates (12) also comprise legs (12f+12h+12g) that are integrally attachable/detachable to the assembled battery (M) (see Figs. 1 and 4; [0051]). Finally, these legs (12f+12h+12g) are of a tapered shape whose lower part becomes wider towards the mounting object (28) (see Modified Figure 3B below). Thus, Machida reads on all of the limitations in claim 8.
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Modified Figure 3A, Machida
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Modified Figure 3B, Machida
Regarding claim 11, Machida discloses all of the limitations as set forth above for claim 3. Examiner notes that the claims do not specify any boundaries of the third area relative to the spacer or of the first area relative to the end members. Thus, the claimed first and third areas can constitute any arbitrary portion of the end members or spacer, respectively, on the mounting object’s side that is recessed relative to the second or fourth areas, respectively. Indeed, this is consistent with applicant’s own disclosure. For instance, an exemplary embodiment of the instant application shows that a width (12T) of the first area (A) can constitute only a small portion of the maximum width (11T) of the end member (30), even though the width (12T) excludes portions of the end member (30) also designated as part of the first area (A) (see Fig. 5A and [0096]-[0100] of the instant application; see also Fig. 2). While the width (12T) of the first area (A) seems to correspond to a portion of the first area (A) located between the second area (B) (which the claims do not require), the same embodiment inconsistently shows a width (13T) of the third area (C) that does not correspond to a portion of the third area (C) located between the fourth area (D) (see Fig. 5A and [0096]-[0098] of the instant application), which suggests that the widths are arbitrarily chosen. Thus, under BRI, examiner can consider a width of a surface of the third area of the spacer (12) disclosed by Machida to be larger than a width of a surface of the first area (13e) of the end member (13) by only considering the first area (13e) to be provided within a small portion of the overall end member (13). Thus, Machida reads on all of the limitations in claim 11.
Regarding claim 12, Machida discloses all of the limitations as set forth above for claim 1. Examiner notes that the claims do not specify any boundaries of the first area relative to the end members. Thus, the claimed first area of the end members can constitute any arbitrary portion of the end members on the mounting object’s side that is recessed relative to the second area. Indeed, this is consistent with applicant’s own disclosure. For instance, an exemplary embodiment of the instant application shows that a width (12T) of the first area (A) can constitute only a small portion of the maximum width (11T) of the end member (30), even though the width (12T) excludes portions of the end member (30) also designated as part of the first area (A) (see Fig. 5A and [0096]-[0100] of the instant application; see also Fig. 2). Thus, under BRI, examiner can consider the surface of the first area (13e) disclosed by Machida as only being provided within a range of ½ or less of a maximum length of the end member (13) from a side where the plurality of batteries (11) exist, in the stacking direction of the plurality of batteries (11). Thus, Machida reads on all of the limitations in claim 12.
Regarding claim 13, Machida discloses an assembled battery (M) (title; see Fig. 1) with a plurality of stacked batteries (11) tightly tied with holding members (13+14) and mounted on a mounting object (28) (see Figs. 1 and 5; [0019]; [0044]); wherein regarding each of the plurality of batteries (11), a power storage element (inherent for lithium-ion batteries) is placed in a battery container (11a-11d) having a bottom face (11d) (see Figs. 2 and 5; [0017]); at least the bottom face (11d) is covered with an insulation member (12g) (see [0017] which notes that the holders 12 are made of synthetic resin; see also Fig. 7; [0026]); the bottom face (11d) is placed opposite the mounting object’s side (see Fig. 5; [0044]); and the holding members (13+14) have: end members (13) placed at both ends of the batteries (11) in a stacking direction (see Fig. 1; [0019]); and side members (14) connected to the end members (13) to surround, together with the end members (13), the plurality of batteries (11) (see Figs. 1 and 4; [0019]; [0031]); and wherein the side members (14) have, on the mounting object’s side, legs (14d) which protrude toward the mounting object’s side beyond the bottom faces (11d) of the batteries (11) (see Fig. 5; [0032]-[0033]).
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US 2022/0278384) (of record) in view of Umemura et al. (US 2020/0185691) (Umemura).
Regarding claim 5, Takahashi discloses all of the limitations as set forth above for claim 1. Takahashi further discloses that each of the batteries (1) is a lithium-ion battery with a power storage element including a positive electrode active material and a negative electrode active material, and a battery container (1a+1b) for receiving the power storage element ([0049]-[0050]). Takahashi further discloses that a width of the end plates (20) is larger than a width of the batteries (1) such that the second area (22) extends beyond the batteries (1) in a width direction and includes a portion that does not overlap the batteries (1) (see Fig. 1). Thus, Takahashi suggests the limitation that an area which does not have the power storage element of the battery container (1a+1b) of any one of the batteries (1) is positioned in the second area (22). While Takahashi further discloses that the first area (23) overlaps a center region of the stacked batteries (1) (see Figs. 1 and 3), Takahashi fails to explicitly disclose the location of the power storage element in the battery container (1a+1b).
However, it is well known in the art for power storage elements of battery containers to be positioned in the center region of the battery container. For instance, Umemura teaches a similar lithium-ion battery (1) (title; [0031]), comprising a power storage element (20) including a positive electrode active material (54) and a negative electrode active material (64), and a battery container (10) for receiving the power storage element (20) (see Figs. 2 and 3; [0035]; [0040]; [0044]), wherein the power storage element (20) is located in a center region of the battery container (10) between the two battery terminals (30, 40), and an area (represented by the distance L5) which does not have the power storage element (20) is located at edge regions of the battery container (10) (see Fig. 2; [0035]). Umemura further teaches that configuring the power storage element (20) within the battery case (10) in this way is associated with a low cost of manufacturing ([0035]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured each of the batteries disclosed by Takahashi to have the power storage element located in a center region of the battery container overlapping with a location of the first area, as taught by Umemura, because they would have had a reasonable expectation that doing so would lead to lower manufacturing costs.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Machida et al. (JP 2012256465 with English Machine Translation) (of record) (Machida) in view of Umemura et al. (US 2020/0185691) (Umemura).
Regarding claim 5, Machida discloses all of the limitations as set forth above for claim 1. Machida further discloses that each of the batteries (11) has a power storage element including a positive electrode active material and a negative electrode active material (inherent for lithium-ion batteries), and a battery container (11a-11d) for receiving the power storage element (see Figs. 2 and 5; [0017]). Furthermore, under an alternative interpretation, examiner considers the holders (12) at both ends of the stacked batteries (11) as corresponding to the claimed end plates (see Figs. 1 and 4; [0019]) because it is clear that these end plates (12) still comprise the required first area and second area (12f+12h+12g) protruding beyond the first area and the bottom face (11d) (see Modified Figure 3A above; [0023]). Examiner also notes that the associated first area of the end plates (12) is located in a center region of the plurality of batteries (11), and the second area (12f+12h+12g) is located at edge regions of the plurality of batteries (11) (see Modified Figure 3A above; see also Fig. 5). However, Machida fails to disclose a location of the power storage element within each of the batteries (11) relative to the first and second areas of the end plates (12).
However, it is well known in the art for power storage elements of battery containers to be positioned in the center region of the battery container. For instance, Umemura teaches a similar lithium-ion battery (1) (title; [0031]), comprising a power storage element (20) including a positive electrode active material (54) and a negative electrode active material (64), and a battery container (10) for receiving the power storage element (20) (see Figs. 2 and 3; [0035]; [0040]; [0044]), wherein the power storage element (20) is located in a center region of the battery container (10) between the two battery terminals (30, 40), and an area (represented by the distance L5) which does not have the power storage element (20) is located at edge regions of the battery container (10) (see Fig. 2; [0035]). Umemura further teaches that configuring the power storage element (20) within the battery case (10) in this way is associated with a low cost of manufacturing ([0035]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured each of the batteries disclosed by Machida to have the power storage element located in a center region of the battery container overlapping the first area of the end plates and an area which does not have the power storage element located at edge regions of the battery container overlapping the second area, as taught by Umemura, because they would have had a reasonable expectation that doing so would lead to lower manufacturing costs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDON CHARLES DARBY/Examiner, Art Unit 1749
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