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 .
The amendment filed 24 April 2025 has been entered.
Claim Objections
Claims 1-20 are objected to because of the following informalities: the phrase, “wherein, each of the plurality of lifting hooks is adapted to engage a battery module having first engagement features, and is adapted to engage a battery module having second engagement features” should be - - wherein, each of the plurality of lifting hooks is adapted to engage a first battery module having first engagement features, and is adapted to engage a second battery module having second engagement features - - to delineate the separate battery modules therein. The dependent claims should be consistent with this change. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by G. H. CONDICT (“Condict”).
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Claim 1: a support arm (B) having a first distal end and a second distal end (ends of B at D/D’), the first distal end including features adapted for attachment to a lifting mechanism (D/etc.); and
a chassis (C) supported on the second distal end of the support arm and including a plurality of lifting hooks (E at the multiple L’s) adapted to engage engagement features of a battery module (M; alternatively, intended use) for electric vehicles (intended use); and
wherein, each of the plurality of lifting hooks is adapted to engage a battery module (J) having first engagement features (L), and is adapted to engage a battery module having second engagement features (another L);
the first engagement features being structurally distinct from the second engagement features (one L is located at a structurally distinct location from another L);
Claim 2: wherein the chassis is pivotally supported on the second distal end of the support arm to allow the chassis to align with an orientation of a battery module (Fig. 1-3);
Claim 3: wherein the plurality of lifting hooks includes at least one left side lifting hook and at least one right side lifting hook, the at least one left side lifting hook and the at least one right side lifting hook oriented facing one another and adapted to engage the engagement features of a battery module therebetween (Fig. 1-3);
Claim 4: wherein the at least one left side lifting hook is laterally moveable relative to the at least one right side lifting hook, wherein the at least one left side lifting hook is adapted to be:
selectively moved away from the at least one right side lifting hook to allow the lifting tool to be positioned onto a battery module, and
selectively moved toward the at least one right side lifting hook bringing the plurality of lifting hooks into vertical alignment with engagement features of the battery module once the lifting tool is positioned onto the battery module; and
wherein, when the lifting tool is raised upward the plurality of lifting hooks engage the engagement features of the battery module (Fig. 1-3);
Claim 5: a lever mechanism adapted to allow selective movement of the at least one left side lifting hook relative to the at least one right side lifting hook (G/etc.);
Claim 6: wherein the plurality of lifting hooks are adapted to engage the engagement features of a battery module such that the plurality of lifting hooks cannot be disengaged from the battery module and the battery module cannot move within the lifting tool when the weight of the battery module is being supported by the plurality of lifting hooks (Fig. 1-3);
Claim 13: attaching a first distal end (ends of B) of a support arm (B) of the lifting tool to a lifting mechanism (D/etc.);
engaging engagement features of a battery module (M; alternatively, intended use) with a plurality of lifting hooks (E) mounted onto a chassis (C) that is supported on a second distal end of the support arm (ends of B);
wherein, each of the plurality of lifting hooks is adapted to engage a battery module (J) having first engagement features (L), and adapted to engage a battery modules having second engagement features (another L);
the first engagement features being structurally distinct from the second engagement features (one L is located at a structurally distinct location from another L);
Claim 14: wherein the engaging engagement features of the battery module with a plurality of lifting hooks (E) mounted onto a chassis that is supported on a second distal end of the support arm further includes aligning the chassis with an orientation of the battery module via a pivotal connection between the chassis and the second distal end of the support arm (Fig. 1-3);
Claim 15: wherein the plurality of lifting hooks includes at least one left side lifting hook and at least one right side lifting hook, the at least one left side lifting hook and the at least one right side lifting hook oriented facing one another and adapted to engage the engagement features of a battery module therebetween, wherein the at least one left side lifting hook is laterally moveable relative to the at least one right side lifting hook (Fig. 1-3);
the engaging engagement features of a battery module with a plurality of lifting hooks mounted onto a chassis that is supported on a second distal end of the support arm further including:
selectively moving the at least one left side lifting hook away from the at least one right side lifting hook to allow the lifting tool to be positioned onto a battery module (Fig. 1-3);
lowering the lifting tool onto the battery module (Fig. 1-3);
selectively moving the at least one left side lifting hook toward the at least one right side lifting hook and bringing the plurality of lifting hooks into vertical alignment with engagement features of the battery module (Fig. 1-3);
raising the lifting tool upward and engaging the plurality of lifting hooks with the engagement features of the battery module (Fig. 1-3);
Claim 16: wherein the selectively moving the at least one left side lifting hook further includes selectively moving the at least one left side lifting hook by selectively actuating a lever mechanism (G/etc.) adapted to move the at least one left side lifting hook relative to the at least one right side lifting hook (Fig. 1-3).
Claim(s) 1-6 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yin et al. (US 2019/0061171) (“Yin”).
Claim 1: a support arm (20/201) having a first distal end and a second distal end (FIG. 3), the first distal end including features adapted for attachment to a lifting mechanism (206; “a hook of the crane (not shown in Figure)”); and
a chassis (101/102) supported on the second distal end of the support arm and including a plurality of lifting hooks (301) adapted to engage engagement features of a battery module (2; alternatively, intended use) for electric vehicles (intended use); and
wherein, each of the plurality of lifting hooks is adapted to engage a battery module (2) having first engagement features (one portion above one 301 on 2), and is adapted to engage a battery module having second engagement features (another portion above another 301 on 2);
the first engagement features being structurally distinct from the second engagement features (one portion above one 301 on 2 is located at a structurally distinct location from another portion above another 301 on 2);
Claim 2: wherein the chassis is pivotally supported on the second distal end of the support arm to allow the chassis to align with an orientation of a battery module (FIG. 2-3);
Claim 3: wherein the plurality of lifting hooks includes at least one left side lifting hook and at least one right side lifting hook (301’s in FIG. 2-3), the at least one left side lifting hook and the at least one right side lifting hook oriented facing one another and adapted to engage the engagement features of a battery module therebetween (FIG. 2-3);
Claim 4: wherein the at least one left side lifting hook is laterally moveable relative to the at least one right side lifting hook, wherein the at least one left side lifting hook is adapted to be:
selectively moved away from the at least one right side lifting hook to allow the lifting tool to be positioned onto a battery module, and
selectively moved toward the at least one right side lifting hook bringing the plurality of lifting hooks into vertical alignment with engagement features of the battery module once the lifting tool is positioned onto the battery module; and
wherein, when the lifting tool is raised upward the plurality of lifting hooks engage the engagement features of the battery module (FIG. 2-3; via 206; “a hook of the crane (not shown in Figure)”);
Claim 5: a lever mechanism adapted to allow selective movement of the at least one left side lifting hook relative to the at least one right side lifting hook (30/2020/etc);
Claim 6: wherein the plurality of lifting hooks are adapted to engage the engagement features of a battery module such that the plurality of lifting hooks cannot be disengaged from the battery module and the battery module cannot move within the lifting tool when the weight of the battery module is being supported by the plurality of lifting hooks (FIG. 2-3);
Claim 13: attaching a first distal end (FIG. 3) of a support arm (20/201) of the lifting tool to a lifting mechanism (206);
engaging engagement features of a battery module (2; alternatively, intended use) with a plurality of lifting hooks (301) mounted onto a chassis (101/102) that is supported on a second distal end of the support arm (20/201);
wherein, each of the plurality of lifting hooks is adapted to engage a battery module (2) having first engagement features (one portion above one 301 on 2), and is adapted to engage a battery module having second engagement features (another portion above another 301 on 2);
the first engagement features being structurally distinct from the second engagement features (one portion above one 301 on 2 is located at a structurally distinct location from another portion above another 301 on 2);
Claim 14: wherein the engaging engagement features of the battery module with a plurality of lifting hooks (FIG. 2-3) mounted onto a chassis that is supported on a second distal end of the support arm further includes aligning the chassis with an orientation of the battery module via a pivotal connection between the chassis and the second distal end of the support arm (FIG. 2-3);
Claim 15: wherein the plurality of lifting hooks includes at least one left side lifting hook and at least one right side lifting hook, the at least one left side lifting hook and the at least one right side lifting hook oriented facing one another and adapted to engage the engagement features of a battery module therebetween, wherein the at least one left side lifting hook is laterally moveable relative to the at least one right side lifting hook (FIG. 2-3);
the engaging engagement features of a battery module with a plurality of lifting hooks mounted onto a chassis that is supported on a second distal end of the support arm further including:
selectively moving the at least one left side lifting hook away from the at least one right side lifting hook to allow the lifting tool to be positioned onto a battery module (FIG. 2-3);
lowering the lifting tool onto the battery module (via 206; “a hook of the crane (not shown in Figure)”);
selectively moving the at least one left side lifting hook toward the at least one right side lifting hook and bringing the plurality of lifting hooks into vertical alignment with engagement features of the battery module (FIG. 2-3);
raising the lifting tool upward and engaging the plurality of lifting hooks with the engagement features of the battery module (via 206; “a hook of the crane (not shown in Figure)”);
Claim 16: wherein the selectively moving the at least one left side lifting hook further includes selectively moving the at least one left side lifting hook by selectively actuating a lever mechanism (30/2020/etc) adapted to move the at least one left side lifting hook relative to the at least one right side lifting hook (FIG. 2-3).
Claim Rejections - 35 USC § 103
Claim(s) 7-12 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Condict in view of Lee et al. (US 2017/0343615) (“Lee”). Condict discloses all the limitations of the claims as discussed above; and
Claim 10: wherein the plurality of lifting hooks includes a first lifting hook, a second lifting hook, a third lifting hook and a fourth lifting hook, wherein:
the first lifting hook and the second lifting hook are right side lifting hooks;
the third lifting hook and the fourth lifting hook are left side lifting hooks; and
the second lifting hook and the fourth lifting hook are mirror images of the first lifting hook and the third lifting hook (Fig. 1-3);
Claim 11: wherein each of the plurality of lifting hooks includes:
an upward lip portion extending laterally along a bottom edge of the lifting hook, the lip portion including a pair of notches formed therein, the notches defining a center lip section;
wherein, first engagement features of a battery module include a bumped out portion of a module cover (at least the angling of the top portion of L), and when the lifting hook engages the bumped out portion of the module cover, the center lip section is received within the bumped out portion of the module cover, preventing lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook, and, preventing movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3);
Claim 12: wherein each of the plurality of lifting hooks further includes a ramped section formed within the lip portion near a distal end of the lifting hook and defining a tapered hub adjacent the distal end of the lifting hook (at least the angling of the bottom/upper portion of E);
wherein, second engagement features of a battery module include a downward lip flange extending from a side wall of the battery module, and when the lifting hook engages the second engagement features of the side wall of the battery module, the tapered hub is engaged with the downward lip flange, wherein engagement of the upward lip of the lifting hook with the downward lip flange of the battery module prevents lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook, and, the tapered hub, engaged with the downward lip flange prevents movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3);
Claim 18: wherein the plurality of lifting hooks includes a first lifting hook, a second lifting hook, a third lifting hook and a fourth lifting hook, wherein the first lifting hook and the second lifting hook are right side lifting hooks, the third lifting hook and the fourth lifting hook are left side lifting hooks, and the second lifting hook and the fourth lifting hook are mirror images of the first lifting hook and the third lifting hook, each of the plurality of lifting hooks including a body including features adapted to allow the lifting hook to be attached to
wherein, the raising the lifting tool upward and engaging the plurality of lifting hooks with engagement features of a battery module further includes:
raising the lifting tool upward; and
for each of the plurality of lifting hooks, receiving, within first engagement features that include a bumped out portion of a module cover of the battery module, the center lip section of the lifting hook, thereby preventing lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook, and, preventing movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3);
Claim 19: wherein each of the plurality of lifting hooks further includes a ramped section formed within the lip portion near a distal end of the lifting hook and defining a tapered hub adjacent the distal end of the lifting tool (at least the angling of the bottom/upper portions of E);
wherein, the raising the lifting tool upward and engaging the plurality of lifting hooks with engagement features of a battery module further includes:
raising the lifting tool upward; and
for each of the plurality of lifting hooks:
engaging, with second engagement features including a downward lip flange extending from a side wall of the battery module, the tapered hub;
engaging the upward lip of the lifting hook with the downward lip flange of the battery module and preventing lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook; and
preventing, with the tapered hub engaged with the downward lip flange, movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3);
Claim 20: a support arm (B) having a first distal end and a second distal end (ends of B at D/D’), the first distal end including features adapted for attachment to a lifting mechanism (D/etc.);
a chassis (C) pivotally supported on the second distal end of the support arm;
a first lifting hook, a second lifting hook, a third lifting hook and a fourth lifting hook (E at the multiple L’s) supported on the chassis and adapted to engage engagement features of battery modules (M; alternatively, intended use) for electric vehicles (intended use), wherein:
the first lifting hook and the second lifting hook are right side lifting hooks;
the third lifting hook and the fourth lifting hook are left side lifting hooks (Fig. 1-3);
the second lifting hook and the fourth lifting hook are mirror images of the first lifting hook and the third lifting hook, the first and second lifting hook are oriented facing the third and fourth lifting hook and are adapted to engage the engagement features of a battery module therebetween (Fig. 1-3); and
the third and fourth lifting hooks laterally moveable relative to the first and second lifting hooks, wherein the third and fourth lifting hooks are adapted to be selectively moved away from the first and second lifting hooks to allow the lifting tool to be positioned onto a battery module, and to be selectively moved toward the first and second lifting hooks bringing the first, second, third and fourth lifting hooks into vertical alignment with engagement features of the battery module once the lifting tool is positioned onto the battery module, wherein, when the lifting tool is raised upward the first, second, third and fourth lifting hooks are adapted to engage a battery module (J) having first engagement features (L), and is adapted to engage a battery module having second engagement features (another L; Fig. 1-3);
the first engagement features being structurally distinct from the second engagement features (one L is located at a structurally distinct location from another L);
a lever mechanism (G/etc.) adapted to allow selective movement of the at least one left side lifting hook relative to the at least one right side lifting hook;
wherein, each of the first, second, third and fourth lifting hooks includes:
an upward lip portion extending laterally along a bottom edge of the lifting hook, the lip portion including a pair of notches formed therein, the notches defining a center lip section (at least the angling of the top portion of L); and
a ramped section formed within the lip portion near a distal end of the lifting hook and defining a tapered hub adjacent the distal end of the lifting tool (at least the angling of the bottom/upper portions of E);
wherein, first engagement features of a battery module include a bumped out portion of a module cover, and when the lifting hook engages the bumped out portion of the module cover, the center lip section is received within the bumped out portion of the module cover (at least the angling of the top portion of L), preventing lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook, and, preventing movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3); and
wherein, second engagement features of a battery module include a downward lip flange (at least the angling of the bottom portion of L) extending from a side wall of the battery module, and when the lifting hook engages the second engagement features of the side wall of the battery module, the tapered hub engages the downward lip flange, wherein engagement of the upward lip of the lifting hook with the downward lip flange of the battery module prevents lateral movement of the lifting hook away from the battery module when the weight of the battery module is supported on the lifting hook, and, the tapered hub, engaged with the downward lip flange prevents movement of the battery module fore and aft within the lifting tool, thereby locking the battery module within the plurality of lifting hooks and preventing the battery module from being dislodged from the lifting tool (Fig. 1-3).
Condict does not directly show:
Claim 7: wherein the plurality of lifting hooks are electrically isolated from the chassis of the lifting tool;
Claim 8: a plurality of isolating elements, one isolating element positioned between each of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive material;
Claim 9: wherein the plurality of isolating elements are made from a polymer material;
Claim 11: a body including features adapted to allow the lifting hook to be attached to one of the plurality of isolating elements;
Claim 17: positioning an isolating element, made from a non-conductive polymer material, between each of the plurality of lifting hooks and the chassis;
Claim 18: a body including features adapted to allow the lifting hook to be attached to an isolating element;
Claim 20: a plurality of isolating elements, one isolating element positioned between each one of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive polymer material;
a body including features adapted to allow the lifting hook to be attached to the one of the plurality of isolating elements associated therewith.
Lee shows a similar device having:
Claim 7: wherein the plurality of lifting hooks are electrically isolated from the chassis of the lifting tool;
Claim 8: a plurality of isolating elements, one isolating element positioned between each of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive material;
Claim 9: wherein the plurality of isolating elements are made from a polymer material;
Claim 11: a body including features adapted to allow the lifting hook to be attached to one of the plurality of isolating elements;
Claim 17: positioning an isolating element, made from a non-conductive polymer material, between each of the plurality of lifting hooks and the chassis;
Claim 18: a body including features adapted to allow the lifting hook to be attached to an isolating element;
(Re. Claims 7-9, 11, 17-18, see para. [0058] that suggests an isolating element made of plastic/polymer material);
Claim 20: a plurality of isolating elements, one isolating element positioned between each one of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive polymer material (see para. [0058] that suggests an isolating element made of plastic/polymer material);
a body including features adapted to allow the lifting hook to be attached to the one of the plurality of isolating elements associated therewith (see para. [0058] that suggests an isolating element/housing made of plastic/polymer material);
with a reasonable expectation of success for the purpose of providing a material that prevents damage to the battery module from electrical arcing (para. [0035] suggests this). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Condict as taught by Lee and include Lee’s similar device having:
Claim 7: wherein the plurality of lifting hooks are electrically isolated from the chassis of the lifting tool;
Claim 8: a plurality of isolating elements, one isolating element positioned between each of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive material;
Claim 9: wherein the plurality of isolating elements are made from a polymer material;
Claim 11: a body including features adapted to allow the lifting hook to be attached to one of the plurality of isolating elements;
Claim 17: positioning an isolating element, made from a non-conductive polymer material, between each of the plurality of lifting hooks and the chassis;
Claim 18: a body including features adapted to allow the lifting hook to be attached to an isolating element;
Claim 20: a plurality of isolating elements, one isolating element positioned between each one of the plurality of lifting hooks and the chassis and each of the plurality of isolating elements made from a non-conductive polymer material;
a body including features adapted to allow the lifting hook to be attached to the one of the plurality of isolating elements associated therewith;
with a reasonable expectation of success for the purpose of providing a material that prevents damage to the battery module from electrical arcing.
Response to Arguments
Applicant's arguments filed 24 April 2025 have been fully considered but they are not persuasive except for the 112 rejections which are fully withdrawn. The claim objections have been modified above per amendment.
Re. the new structurally distinct limitations for Condict, one L is located at a structurally distinct location from another L.
Re. the para. spanning pp. 3-4, C rotates relative to B; therefore, C and B do not constitute a unitary structure.
Re. the full para. of p. 4, both battery cases and battery modules have frames that are capable of being handled by the apparatus of Condict; therefore, Condict anticipates the claims. Alternatively, the phrase is intended use as claimed.
Re. the first para. of p. 5, the specifics of the argument are not clearly presented.
Re. the full para. of p. 6 et seq., 301 of Yin is in the general shape of a hook; therefore, it is a hook. Lifting hooks 301 are adapted to engage engagement features of a battery module 2 for electric vehicles (intended use). In addition, the engagement is not further limited by structure.
Re. the new structurally distinct limitations for Yin, one portion above one 301 on 2 is located at a structurally distinct location from another portion above another 301 on 2.
Re. the para. spanning p. 7-8, there are reaction forces that allow for the supporting as claimed.
Re. the first para. of p. 8, the specifics of the argument are not clearly presented.
Re. the para. spanning pp. 9-10 and into p. 10, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Condict discloses the lifting tool/hook/etc. Lee is used for the isolation thereto.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, a barrier is a type of isolating element.
In response to applicant's argument that Lee is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Lee and Condict in the field of the inventor’s endeavor, namely, battery manufacturing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652
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