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 § 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.
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.
Claims 1-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuki et al. (JP-2018037182-A, see machine translation) in view of Lee et al (US-20130149571-A1), hereafter referred to as Kazuki and Lee respectively.
Regarding Claim 1, Kazuki teaches a battery pack comprising: a battery; a control member that controls the battery (“control device 8, which performs various controls related to the battery module 1,” paragraph 22); a communication line conducted to the control member (“the upper harness 21 is a communication harness connected to the control device 8,” paragraph 30; 8 and 21 in Fig. 1, 21 in Fig. 4); a covering member that covers the communication line (“at least a portion of the harness that is not supported by the support portion is provided with a covering member that covers the outer surface of the harness,” paragraph 8; 26 and 27 in Fig. 4); and a fastening member that fastens the communication line (“a support portion provided on the side surface constituting the outer surface of at least one cell holder to support the harness,” paragraph 6; 22 in Figs. 1 and 4), wherein the covering member includes: a covering portion that covers the communication line and is exposed from the fastening member (26 and 27 in Fig. 4), and the covering portion includes a portion located on a side closer to the control member than the fastening member (26 and 27 in Fig. 4 are shown to be on either side of the cluster of fastening members; Fig. 1 shows that covering portion would be on a side closer to control device 8) and having an outer diameter larger than an outer diameter of the portion to be fastened before being fastened by the fastening member [“In the harness 21, the diameter d3 of the portion where the covering member 26 is provided (covering portion 27) is larger than the diameter of the portion where the covering member 26 is not provided”].
Kazuki does not explicitly teach that the covering member is interposed between the fastening member and the communication line or a portion to be fastened that covers the communication line and is surrounded and fastened by the fastening member. However, Lee teaches a battery pack wherein electrical wires are secured with fastening members and include covering members formed by winding elongated tape around them (“The wires 24 are wrapped with insulation tapes 32,” paragraph 76; 24 and 32 in Fig. 8). Lee teaches that the benefit is “to insulate the wires 24” (paragraph 76).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki, including the disclosed covering portion exposed from the fastening member, and modify to include the covering portion made of wound tape to be fastened that covers the communication line is surrounded and fastened by the fastening member, as taught by Lee. Doing so would insulate the wires, as taught by Lee.
Regarding Claim 2, Kazuki modified by Lee, does not further teach that the portion to be fastened is continuous with the covering portion. However, making these two portions integral is an obvious design choice. Please see MPEP § 2144.04(V): “the use of a one-piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.”
Regarding Claim 3, Kazuki does not further teach that the covering member is formed by winding an elongated tape around the communication line. However, Lee teaches a battery pack wherein electrical wires are secured with fastening members and include covering members formed by winding elongated tape around them (“The wires 24 are wrapped with insulation tapes 32,” paragraph 76; 24 and 32 in Fig. 8). Lee teaches that the benefit is “to insulate the wires 24 from the outside” (paragraph 76).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki and modify the covering member to be formed by wound tape in order to insulate the communication line, as taught by Lee.
Regarding Claim 8, Kazuki, modified by Lee, further teaches the battery pack according to claim 1, wherein the fastening member includes a fastening portion that surrounds and fastens the portion to be fastened (22 in Fig. 4), and an inner diameter of the fastening portion has a portion smaller than the outer diameter of the covering portion (outer diameter of the covering portion is d3 in Fig. 4, which is shown to be larger than the total diameter of the fastening portion 22).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kazuki in view of Lee and further in view of Electro Tape (https://www.electrotape.com/product/wire-harness-electrical-tape-rohs-reach/), hereafter referred to as Electro Tape.
Regarding Claim 4, Lee does not specify that the insulation tape has adhesiveness on a surface facing the communication line. However, Electro Tape teaches wire harness insulation tape that has adhesiveness [“With its memory (elasticity) and adhesion characteristics, this tape provides moisture-tight electrical and mechanical protection,” paragraph 1].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki and modified by Lee, and further modify such that the insulation tape used has adhesiveness on a surface facing the communication line, as taught by Electro Tape. Please see MPEP § 2144.07: The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuki in view of Lee and further in view of Moriuchi (US-20150207258-A1), hereafter referred to as Moriuchi.
Regarding Claim 5, Kazuki as modified by Lee does not teach the battery pack according to claim 1, further comprising a protective member that protects the communication line, wherein the protective member covers an outer periphery of a portion of the communication line facing the covering portion across the portion to be fastened, and is joined to the covering member. However, Moriuchi teaches a connecting cable for connecting the battery of an electric vehicle to the vehicle’s inverter unit and motor (paragraph 3), where the cables therein are surrounded by a covering member (protection tube 27) and a protective member (braided shield 26) joined to the covering member (“a protection tube 27 having inserted therein the three coated wires 21 with their respective outer surfaces covered with the insulating tubes 24, the protection tube 27 also having the braided shield 26 placed therein,” paragraph 17; 26 and 27 in Fig. 3A and 3B). Moriuchi discloses that the protective member 26 is grounded, helping provide an electromagnetic seal around the wires (paragraph 20).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki modified by Lee, and further modify the communication line to also feature the protective member joined within the covering member in order to provide additional protection/insulation and suppression of electromagnetic interference, as taught by Moriuchi.
Regarding Claim 6, Moriuchi further teaches that the protective member is covered with and joined to the covering member (The exterior of the braided shield 26 is sheathed with the protection tube 27,” paragraph 20; 26 and 27 in Figs. 3A and 3B).
Regarding Claim 7, Moriuchi further teaches that an inner peripheral surface of the protective member faces an outer peripheral surface of the communication line at least partially with a gap interposed between the inner peripheral surface and the outer peripheral surface (Fig. 3A shows that there is a gap interposed at least partially between the inner surface of the protective member 26 and the coated and insulated wires 21/23/24).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kazuki in view of Lee and further in view of Katsuhiko (JP-2020127317-A), hereafter referred to as Katsuhiko.
Regarding Claim 9, Kazuki as modified by Lee does not teach that the fastening portion includes a binding band that fastens the communication line with the covering member interposed between the binding band and the communication line. However, Katsuhiko teaches a generic attachment tool for a wire or plurality of wires (22 in Fig. 2) with a covering member (20 in Fig. 2; “the wire harness 20 includes electric wires 22,” paragraph 11) and a fastening member (40 in Fig. 2), which includes two binding bands (70a and 70b in Fig. 2) that fasten the communication with covering member interposed between the binding band and the wire(s). Katsuhiko explains that the tightening band “is wrapped around the electric wire 22 and tightened onto the electric wire 22” (paragraph 18), indicating the benefit is to further tighten the fastening member’s grip on the wire.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki as modified by Lee to include a binding band in the fastening member in order to further tighten the fastening member around the communication line, as taught by Katsuhiko.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kazuki in view of Lee and further in view of Kang et al. (US-10177579-B2), hereafter referred to as Kang.
Regarding Claim 10, Kazuki as modified by Lee does not further teach the battery pack according to claim 1, further comprising a connector provided at a distal end of a line and electrically connected to an external device. However, Kang teaches a battery pack that includes a battery management system, where communication lines connect from the battery management system in the battery pack to an external device [“the battery pack further includes a battery management system (BMS), paragraph 6; “communication lines electrically connected to each battery management unit to transmit data to an external device,” paragraph 19]. Kang teaches that the purpose is to transmit signal to an external device, which can control the battery management system externally.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery pack taught by Kazuki as modified by Lee to further modify the communication line to also connect to an external device in order to provide a means by which the user can control the battery pack externally, as taught by Kang.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN P WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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