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 .
This is the initial Office action based on application number 18/682903 filed on 2/10/2024. Claims 1-11 are currently pending and have been considered below.
Claim Interpretation
Regarding claims 1, 2, 6, 10, 11: For purposes of examination, Examiner interprets “an insulating plate” as “a plate used to partition an exhaust duct and insulate the exhaust duct from electric power storage devices” as described in the specification.
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.
Claim 1 is 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.
Regarding claim 1: In line 10, the term of “plate-shaped” is indefinite as it extends the scope of the expression. See MPEP 2173.05(b). For the interest of compact prosecution, Examiner interprets “a main body part that is flat plate-shaped” as “a main body part that is flat”.
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, 3, 4, 6, 8, 9, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsujioka et al. (US 20140178723 A1).
Regarding claim 1: Tsujioka et al. disclose a battery block (abstract). The battery block (equivalent to an electric power storage module) comprising:
at least one battery (100) (equivalent to one electric power storage device) that is cylindrical (par. 31, fig. 8);
a bottomed tubular housing portion (21a) (equivalent to a holder) holding the at least one battery (100) (par. 44, fig. 8); and
an upper plate (equivalent to an insulating plate) of a first holder (21), wherein the upper plate is provided at one end of the bottomed tubular housing portion (21a) (see fig. below),
the at least one battery (100) each including a valve body (14) (equivalent to an exhaust valve) at an end part of the at least one battery (100) (par. 36, fig. 1),
the bottomed tubular housing portion (21a) including at least one first opening part each exposing the valve body (14) of a corresponding one of the at least one battery (100) (see fig. below),
the upper plate of the first holder (21), including:
a main body part that is flat plate-shaped (see fig. below);
at least one communication hole (21b) (equivalent to one second opening part) disposed on the main body part and each communicating with a corresponding one of the at least one first opening part (par. 70, fig. 8);
at least one lid part (see fig. below) each closing a part of a corresponding one of the at least one communication hole (21b); and
at least one connecting part (see fig. below) each connecting a corresponding one of the at least one lid part to the main body part.
As the upper plate of the first holder (21) and the bottomed tubular housing portion (21a) are integrated into the first holder (21) (par. 74), the interface between the upper plate of the first holder (21) and the bottomed tubular housing portion (21a) is equivalent to a fixation part.
PNG
media_image1.png
893
1002
media_image1.png
Greyscale
Regarding claim 3: Tsujioka et al. disclose the fixation part is disposed at a side opposite to a side provided with the lid part with respect to a connecting section to the connecting part as a boundary (see fig. above).
Regarding claim 4: Tsujioka et al. disclose the fixation part overlaps with the connecting part in a direction in which the connecting part extends (see fig. above).
Regarding claim 6: Tsujioka et al. disclose the upper plate of the first holder (21) includes a plurality of connecting parts with respect to one of the at least one lid part, the plurality of connecting parts including the connecting part (see fig. above).
Regarding claim 8: Tsujioka et al. disclose the lid part is in a circular shape (see fig. above). Further, it is a matter of engineering design to design the lid part in different ways, where the change in form or shape, without any new or unexpected result, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04).
Regarding claim 9: Tsujioka et al. disclose the at least one battery (100) includes an electrode group (4) including a positive electrode (1) and a negative electrode (2) (equivalent to a first electrode and a second electrode), a battery case (5) (equivalent to an outer covering can) housing the electrode group (4), and a sealing body (10) sealing an opening of the battery case (5) together with a gasket (16), the positive electrode (1) is electrically connected to the sealing body (10), and the negative electrode (2) is electrically connected to the battery case (5) (par. 32-35, fig. 1).
Regarding claim 10: Tsujioka et al. disclose the sealing body (10) includes the valve body (14) (par. 36, fig. 1).
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.
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 by Tsujioka et al. (US 20140178723 A1) as applied to claim 1 above.
Regarding claim 5: Tsujioka et al. disclose a battery block as described in paragraph 4 above. Tsujioka et al. fail to explicitly disclose the connecting part is in a strip shape. However, it is a matter of engineering design to design the connecting part in different ways, where the change in form or shape, without any new or unexpected result, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04).
Claims 1, 2, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Koutari et al. (US 20200136110 A1), in view of So et al. (JP 2015018706 A). The English translation of JP 2015018706 A is used as reference as attached.
Regarding claim 1: Koutari et al. disclose a plurality of battery cells is disposed at a fixed position in a battery holder (abstract). A battery module (100) (equivalent to an electric power storage module) (par. 32, fig. 1) comprising:
at least one battery cell (1) (equivalent to one electric power storage device) that is cylindrical (par. 32, 33, fig.1);
a battery holder (2) holding the at least one battery cell (1) (par. 32, fig. 1); and
a discharge duct (7) (an upper plate of the discharge duct (7) is equivalent to an insulating plate) (par. 32, fig. 1) provided at one end of the battery holder (2),
the at least one battery cell (1) each including a discharge valve (5) (par. 32, fig. 1) (equivalent to an exhaust valve) at an end part of the at least one battery cell (1),
the battery holder (2) including at least one discharge port (6) (equivalent to one first opening part) (par. 32, fig. 1) each exposing the discharge valve (5) of a corresponding one of the at least one battery cell (1) (fig. 1),
the upper plate of the discharge duct (7) including:
a main body part that is flat plate-shaped (fig. 1);
at least one opening window (16) (equivalent to one second opening part) (par. 42, fig. 1) disposed on the main body part and each communicating with a corresponding one of the at least one discharge port (6) (par. 42, fig. 1), and
the discharge duct (7) is fixed to the battery holder (2) and disposed at the fixed position (par. 43) (this follows that there is a fixation part for fixing the discharge duct (7) to the battery holder (2)).
Koutari et al. fail to explicitly disclose the insulating plate including at least one lid part each closing a part of a corresponding one of the at least one second opening part; and at least one connecting part each connecting a corresponding one of the at least one lid part to the main body part.
However, So et al. disclose an energy storage module (par. 1). The energy storage module (10) comprises a valve-forming plate (40) (equivalent to an insulating plate) (par. 30, fig. 1, 4, 6) provided at one end of a battery holder (60) (par. 19, fig. 1, 2). The valve-forming plate (40) including:
at least one check valve (41) (equivalent to one lid part) (par. 30, fig. 4, 6) each closing a part of a corresponding one of the at least one second opening part (par. 30-34, see fig. below); and
at least one bending line L (equivalent to a connecting part) (par. 30, fig. 6) each connecting a corresponding one of the at least one check valve (41) to the main body part (par. 33, 34, see fig. below), and
PNG
media_image2.png
747
1338
media_image2.png
Greyscale
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the check valve (41) (equivalent to one lid part) and the bending line L (equivalent to a connecting part) of So et al. into the upper plate of the discharge duct (7) of Koutari et al. because So et al. teach that the check valve (41) can improve the safe operation of the battery module (par. 35-42).
Regarding claim 2: Koutari et al. disclose a housing (17) (equivalent to an enclosure) (par. 32, fig. 1) housing the at least one battery cell (1), the battery holder (2), and the discharge duct (7); and the discharge duct (7) (equivalent to an exhaust duct) partitioned by the upper plate of the discharge duct (7) at one end in the housing (17), and communicating with outside of the housing (17) (par. 42, fig. 1).
Regarding claim 11: Koutari et al. disclose a bus bar (4) (equivalent to a current collecting member) connecting to the positive and negative electrode terminals of the battery cell (1) directly or via a lead plate (equivalent to a lead part) (par. 40, fig. 1). The second bus bar (4B) is located between the battery holder unit (2B) and the upper plate of the discharge duct (7) (fig. 1). Koutari et al. further disclose high-temperature and high-pressure discharge gas discharged from the discharge valve (5) of the battery cell (1), to the discharge port (6), to the opening window (16), to the discharge duct (7), and to the outside of the housing (17) (par. 42, fig. 1). It follows that there is a third opening part disposed on the second bus bar (4B) and overlapping with the discharge port (6) and the opening window (16) for gas to pass through.
Koutari et al. fail to explicitly disclose a lead part extending from an inner edge of the third opening part. However, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the lead plate extending from an inner edge of the third opening part because the inner edge is closer to the sealing plate (9) of the battery cell (1) (fig. 1). Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Koutari et al. (US 20200136110 A1) in view of So et al. (JP 2015018706 A) as applied to claim 1 above, and further in view of Liu et al. (CN 112259838 A). The English translation of the CN 112259838 A is attached.
Regarding claim 7: Koutari et al. in view of So et al. disclose a plurality of battery cells is disposed at a fixed position in a battery holder as described in paragraph 6 above. Koutari et al. and So et al. fail to explicitly disclose one of the at least one fixation part is provided with respect to a plurality of connecting parts that are adjacent to each other, the plurality of connecting parts including the connecting part. However, Liu et al. disclose a battery module structure (par. 2). The battery module structure comprises a connecting part (52), and a protective part (53) (equivalent to a lid part) (par. 60, fig. 5) The battery module structure can be assembled by using screws and nuts (equivalent to a fixation part) (par. 48, fig. 5). The screw and nut is provided with respect to a plurality of connecting parts that are adjacent to each other, the plurality of connecting parts including the connecting part (fig. 5). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the screws and nuts of Liu et al. to tight the discharge duct (7) to the battery holder (2) of Koutari et al. because Liu et al. teach that the screws and nuts can tight all the parts (par. 48).
Claims 9, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Koutari et al. (US 20200136110 A1) in view of So et al. (JP 2015018706 A) as applied to claim 1 above, and further in view of Shimizu et al. (US 20130095356 A1).
Regarding claim 9: Koutari et al. disclose the at least one battery cell (1) includes a positive electrode and a negative electrode (equivalent to a first electrode and a second electrode) (par. 32), an exterior can (8) (equivalent to an outer covering can) (par. 33, fig. 1) housing the positive electrode and the negative electrode, and a sealing plate (9) (equivalent to a sealing body) (par. 33, fig. 1) sealing an opening of the exterior can (8), the positive electrode and the negative electrode are connected to the bus bar (4) directly or via a lead plate (par. 40, fig. 1) (It follows the first electrode is electrically connected to the sealing plate (sealing body), and the sealing plate (sealing body) is electrically connected to the bus bar (4); and the second electrode is electrically connected to the exterior can (outer covering can), and the exterior can (outer covering can) is electrically connected to the bus bar (4)).
Koutari et al. and So et al. fail to explicitly disclose a gasket . However, Shimizu et al. disclose batteries (abstract). The battery (100) comprises a terminal plate (8), a release valve (14), an inner cap (13), and a filter (12). The terminal plate (8), the release valve (14), the inner cap (13), and the filter (12) collectively seal an opening of a battery case (7) via a gasket (11) (par. 28, fig. 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the gasket (11) of Koutari et al. between the sealing plate (9) and the exterior can (8) of Shimizu et al. because the gasket can form a fluid-tight sealing.
Regarding claim 10: Koutari et al. in view of So et al. disclose a plurality of battery cells is disposed at a fixed position in a battery holder as described in paragraph 6 above. Koutari et al. and So et al. fail to explicitly disclose the exhaust valve is provided to the sealing body. However, Shimizu et al. disclose batteries (abstract). The battery (100) comprises a terminal plate (8), a release valve (14) (equivalent to the exhaust valve), an inner cap (13), and a filter (12). The terminal plate (8), the release valve (14), the inner cap (13), and the filter (12) collectively seal an opening of a battery case (7) via a gasket (11) (par. 28, fig. 1) (the combination of the terminal plate (8), the release valve (14), the inner cap (13), and the filter (12) is equivalent to the sealing body. Thus, the release valve (14) is provided to the sealing body). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the release valve (14) to the sealing body of Shimizu et al. in the sealing plate (9) of Koutari et al. because Shimizu et al. teach this can interrupt a current path when an internal short circuit occurs (par. 29).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIN JAN WANG whose telephone number is (571)272-7057. The examiner can normally be reached M-F 9am-5pm.
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, Dah-Wei Yuan can be reached on 571-272-1295. 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.
/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
Prosecution Insights