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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Berger et al. (US 20120251863 A1) in view of Kotik et al. (US 10583747 B2) and Kelley et al. (US20220094009A1)
Considering Claim 1, Berger discloses an enclosure for a battery pack (battery enclosure [Abstract]) comprising:
battery packs including a plurality of power storage cells arranged side by side in one direction (plurality of individual cells [see [0003]] appropriately connected together in series and parallel [0003]);
a lower case (lower section [0015]) that houses the battery stack (the battery back enclosure structure may generally resemble a closed box [0015]) an upper cover (upper section, or cover [0015]) that covers the battery pack;
a first fastening member that fastens the upper cover to the lower case (an upper section, or cover, and a lower section, or support, secured together by mechanical fasteners, such as bolts, rivets, or clamps [0015]);
the upper cover has a top wall provided above the battery stack (the battery pack enclosure structure may generally resemble a closed box formed of an upper section, or cover, which is understood to be a top wall [0015]);
the top wall includes a base for fastening (holes 44 of cover flange 42 align with matching holes 54 in support flange 52 and are sized to accept mechanical fasteners [0044]);
the top plate portion has a bead extending in the one direction (the overall stiffness of the support and/or cover [that was mentioned to be the top wall/plate (see above)] may be further increased by the addition of stiffening ribs [see Fig. 7] in the base of the tray-like structure [0016]).
However, Berger is silent to a restraint band with a top plate portion over the upper cover of the case secured with a fastening member to the top wall.
Kotik discloses a vehicle battery system includes a battery housing and a plurality of straps. The battery housing is configured to house a battery for powering the vehicle. Each of the plurality of straps is configured to extend about the battery housing, and includes a first end portion and a second end portion that are configured to be attached to the vehicle [Abstract];
The first end portion and the second end portions define a hole that allow the end portions to be attacked to the vehicle via any acceptable connection members, such as, for example, a bolt, a screw, a hook, or the like [Col. 3 line 63]
Each of the plurality of guides 128 extends at least partially about the battery housing 104 along the second axis 114 and defines a wall portion 130 perpendicular to the first axis 112. Each of the plurality of straps 108 is associated with a respective one of the plurality of guides 128 such that each strap 108 is at least partially received in an associated one of the plurality of guides 128 [Col. 4 line 14]. See Fig. 4 as it illustrates a top plate portion above the top wall.
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Figure 1: Figure 4 from Kotik showing the flat side of the strap parallel with the wall
Berger is also silent to a covering portion that covers a fastening base and a fastening member that fastens the covering portion to the base.
Kelley discloses an embodiment of the electrochemical cell or battery pressure application device, the first and second external plates and first and second internal plates each have a plurality of mutually aligned apertures and wherein each of the fastener sets comprises a threaded fastener disposable with a respective one of the mutually aligned apertures , a threaded nut receivable by the threaded fastener , and at least one washer disposable intermediate the respective threaded fastener and the respective threaded nut [0027].
Berger, Kotik, and Kelly are all analogous art because they all pertain to battery cell housing.
Berger teaches fastening a two piece housing for a battery together and Kotik teaches an additional way of how to more securely fasten a battery housing in place using straps [ Col. 5 Line 29]. Therefore, one of ordinary skill in the art would have known to employ the use of straps by fastening them to a battery housing to secure it.
Berger shows that the addition of beads [Fig. 7] are used to increase the strength and stiffness of tray-like structures [0016]. It would be obvious to an ordinary person skilled in the art to combine this element from Berger with the tray-like structure of the straps in Kotik [0017] which would yield the predictable outcome of strengthening the straps
Kelly teaches how to fasten a fixture that squeezes a battery in a more even way [0037]. The use of a washer above the base for a screw is one method of adding more compliant layers that deform and spread load more evenly [0041]. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of invention to use a washer at the base of a fastening member.
Considering Claim 2, modified Berger discloses all the limitations as set forth above. Berger additionally discloses a battery pack with a top wall that has;
a thin portion (the support 20 has the general form of a shallow square or rectangular pan [0032]);
a thick portion having a thickness larger that a thickness of the thin portion (Such features may range in elevation from about 10% thickness of the thickness of the floor 22 up to several times the thickness of the floor [0032]);
the base (hole for fastening) is formed at the thick portion ( in annotated Figure 2 below, the examiner has highlighted the placement of the base for fastening is located at the thick portion of the ribs [Fig. 7]);
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Figure 2: Annotated Figure 7 of Berger highlighting the placement of ribs and holes
Considering Claim 3 modified Berger discloses all the limitations as set forth above. Berger additionally discloses a battery pack wherein the base has a pair of base portions provided at positions separated from each other in the one direction (Figure 2 above illustrates how the fastening holes are separated from each other along the flange 42 and 52 [Fig. 7]);
the thin portion is formed between the pair of base portions (it would be reasonable to interpret flange 52 and 42 to be thinner than raised rib portions 45 or 46, see[0032]).
Considering Claim 4, modified Berger discloses all the limitations as set forth above. Berger additionally discloses the fastening member is provided in a plane that is orthogonal to both the one direction and the upward/downward direction (see Figure 3 and Figure 4 below). It would be obvious for an ordinary person skilled in the art to orient the fasteners orthogonal to the tray-like structure [see Fig.7 Berger].
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Figure 3: Figure 7 from Berger showing an orthogonal orientation of fasteners
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Figure 4: Figure 2 from Maruhashi showing an orthogonal orientation of fasteners
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL JOSEPH M VIRADOR whose telephone number is (571)272-1346. The examiner can normally be reached Monday - Friday 8:00AM - 4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.V./Examiner, Art Unit 1725
/CHRISTOPHER P DOMONE/Primary Patent Examiner, Art Unit 1725
October 5, 2026
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