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
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue et al. (US 20180026256).
Regarding claim 1, Inoue teaches an electricity storage pack comprising: a plurality of electricity storage devices 10/1/ (P100.134.172.180; Fig. 15-16) electrically connected to each other; and an exterior body 14 housing therein the plurality of electricity storage devices in a sealed state (P100.134.172.180; Fig. 1-8.15-16), wherein the exterior body includes an unfolding member 14a configured to unfold when an internal pressure of the exterior body increases, thereby increasing an internal volume of the exterior body (P54-60; Fig. 1-8).
Alternatively, the unfolding member can be interpreted as the first terminal 11a and second terminal 11b folded over one another and configured to unfold when an internal pressure of the exterior body increases, thereby increasing an internal volume of the exterior body (P86; Fig. 3.8).
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.
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Inoue, as applied to claim 1 above.
Regarding claim 2, Inoue teaches wherein the exterior body comprises: a main body, or inner package 13 being a box-shaped rigid member that houses the electricity storage devices (P60.126; Fig. 13 – wherein inner package is not flexible and may be formed as can or box body); and a vent, or valve, or pressure releasing mechanism provided at a bottom surface of the main body (P60.68-69.130-131), and the unfolding member comprises: a protection section, or within the second interpretation snap 30 or connectors being a plate-shaped rigid member facing the bottom surface of the main body (P88-98; Fig. 7-8.10A/B.14); and an unfolding section, where terminals are joined being a flexible member connecting the bottom surface of the main body and a periphery of the protection section so as to seal the exterior body. (P79; Fig. 1-2.7.13-14). Wherein under the second interpretation of claim 1, the unfolding member configured to unfold when an internal pressure of the exterior body increases is the engagement connection of the first terminal and second terminal (P84.86; Fig. 6.8).
Regarding claim 3, Inoue teaches 3. The electricity storage pack according to claim 2, wherein a peripheral wall protruding toward the bottom surface of the main body is provided at an outer peripheral edge of the protection section, and the unfolding section (of Fig. 6 or 8, connecting the terminals 11a/11b is housed in a space enclosed between the protection section, wherein the protection section is the bottom of the inner package 13 when formed without flexibility (Fig. 13) and the bottom surface of the main body in a folded state.
Regarding claim 4, Inoue teaches the exterior body includes a stopper, or snap 30 restricting unfolding of the unfolding member, and the stopper connects the main body 14 and the protection section 11a/11b connection, and releases connection between the main body and the protection section when an internal pressure of the exterior body exceeds a predetermined value (P88-93; Fig. 8-10.14).
Regarding claim 5, Inoue teaches a sensor configured to detect that the unfolding member has unfolded, wherein the sensor detects if a liquid has leaked into the second chamber which causes expansion/unfolding of the second chamber (P107.122).
Regarding claim 6, Inoue teaches a vehicle on which the electricity storage pack according to claim 1 is mounted (P182; Fig. 18), the electricity storage pack being mounted such that the unfolding member unfolds toward a bottom surface side of the vehicle.
Inoue is silent in teaching the electricity storage pack being mounted such that the unfolding member unfolds toward a bottom surface side of the vehicle; however, Inoue teaches the unfolding member can be from any direction or surface (P100) and having the unfolding member placed in a direction away from those within the vehicle for added safety would be no more than the mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. The results are not unexpected because merely arranging the unfolding member on a bottom surface side of the vehicle, as suggested by Inoue, does not change the function of the pack or the unfolding member, and provides the exact functionality as taught by Inoue – to allow expansion and unfolding/separation in a predetermined region. MPEP 2144.04
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20060267545).
Regarding claim 1, Lee teaches an electricity storage pack comprising: a plurality of electricity storage devices 11/21/31/400 electrically connected to each other (P53-54; Fig. 2-3); and an exterior body (P16; Fig. 13) housing therein the plurality of electricity storage devices in a sealed state (Fig. 9.13), wherein the exterior body includes an unfolding member, or predetermined region/coupling region 760, configured to unfold and open the case (P22-26.83-84; Fig. 6.14) when an internal pressure of the exterior body increases, thereby increasing an internal volume of the exterior body, wherein the case swells and deforms.
Regarding claim 5, Lee teaches: a sensor, or sensing board configured to detect that the unfolding member has unfolded (P16-17; Fig. 8).
Regarding claim 6, Lee teaches a vehicle on which the electricity storage pack according to claim 1 is mounted (P39).
Lee is silent in teaching the electricity storage pack being mounted such that the unfolding member unfolds toward a bottom surface side of the vehicle; however, Lee teaches the unfolding member can be from any direction or surface (P24-26.68-73.81-83) and having the unfolding member placed in a direction away from those within the vehicle for added safety would be no more than the mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. The results are not unexpected because merely arranging the unfolding member on a bottom surface side of the vehicle, as suggested by Lee, does not change the function of the pack or the unfolding member, and provides the exact functionality as taught by Lee – to allow expansion and unfolding/separation in a predetermined region. MPEP 2144.04
Conclusion
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/Amanda Rosenbaum/Examiner, Art Unit 1752
/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
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