DETAILED ACTION
(1)
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 first office action on the merits. Claims 1-6 are pending before the Office for review.
(2)
Claim Rejections - 35 USC § 102
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.
Claims 1, 2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mita et al. (JP 2001-256933-A). The figure citations to Mita refer to the Japanese-language document and the text citations to Mita refer to the English-language machine translation, both of which are included with this office action.
With respect to claim 1, Mita teaches a battery pack (Figure 21) comprising a secondary battery (211) including a laminated body having a plurality of positive electrode and a plurality of negative electrodes alternately laminated with separators interposed therebetween and an exterior body. Figures 15, 17, 19 and 21, Page 11, Entire page, Page 12, Sixth paragraph and Page 14, Paragraphs 10-15. Mita teaches the pack comprises a housing (212) that accommodates the secondary battery. Figure 21 and Page 14, Paragraphs 10-15.
Mita further teaches the exterior body included an accommodating portion (3b) that accommodates the laminated body and a flange portion (3a) that is bendable around the accommodating portion. Figures 7 and 11 and Page 4, Second to tenth paragraphs. Mita teaches the housing has first and second inner surfaces facing one another with the accommodating portion interposed therebetween. Figure 21.
Furthermore, as seen in Mita’s figure 11, the flange portion includes a first portion extending along a first direction from the accommodating portion toward the first inner surface and a second portion that is continuous from a distal end of the first portion and has a first fixing surface fixed to the first inner surface because Mita teaches the batteries are placed in a stack within the case to avoid dead space, meaning the batteries and their associated flange portions are fixed in place and fixed to the first inner surface within the scope of the claimed invention. Figures 11 and 21 and Page 14, Last four paragraphs and Page 15, Paragraph 90.
Mita further teaches the flange comprise a third portion extending along a second direction from the accommodating portion toward the second inner surface and a fourth portion that is continuous from a distal end of the third portion and has a second fixing surface fixed to the inner surface because, as noted above, Mita teaches the batteries are placed in a stack within the case to avoid dead space, meaning the batteries and their associated flange portions are fixed in place and fixed to the first inner surface within the scope of the claimed invention. Figures 11 and 21 and Page 14, Last four paragraphs and Page 15, Paragraph 90.
Finally, as seen in figure 11, for example, in the flange portion, a portion along the first direction between the accommodating portion and the first fixing surface and a portion along the second direction between the accommodating portion and the second fixing surface are bendable in a direction in which the accommodating portion approaches the first inner surface. Figure 11.
With respect to claim 2, Mita teaches the second portion of the flange has a facing surface that is on a side opposite to the first fixing surface and faces the accommodating portion. Figure 11.
With respect to claim 6, Mita teaches the housing accommodates a plurality of the secondary batteries and each secondary battery is laminated in a thickness direction. Figure 21 and Page 11, Entire page.
(3)
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mita et al. (JP 2001-256933-A). The figure citations to Mita refer to the Japanese-language document and the text citations to Mita refer to the English-language machine translation, both of which are included with this office action.
With respect to claim 3, Mita teaches the battery pack comprises a plurality of secondary batteries, wherein the plurality of batteries are laminated in a state where the accommodating portions overlap each other. Figure 21 and Page 11, Entire page.
Regarding the length of the accommodating portion relative to a length of the second portion in a laminating direction of the secondary batteries, as per the MPEP, “where the only difference between the prior art and the claims [is] a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device [is[ not patentably distinct from the prior art device.” MPEP 2144.04(IV)(A) (internal citation omitted).
In this case, the battery pack functions as a battery pack independent of these specific dimensions and their lengths relative to one another.
(4)
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Mita et al. (JP 2001-256933-A) in view of Ha et al. (KR 20180128777 A). The figure citations to Mita and Ha refer to the Japanese-language document and Korean-language document, respectively, and the text citations to Mita and Ha refer to the English-language machine translations, all of which are included with this office action.
With respect to claims 4 and 5, Mita teaches the exterior body includes first and second exterior portions having a laminated structure including a resin layer (Figures 7, 19 and 20), wherein the accommodating portion has an accommodating space in which the laminated body is located between the first and second exterior portions. Figures 7, 19 and 20 and Pages 12 and 13.
Mita is silent as to whether the flange portion includes a joining portion.
However, Ha, which deals with secondary batteries, teaches the interior resin layers in the laminate exterior body of a secondary battery are adhered to one another in an adhesion zone within the flange portion, which satisfies the requirements of the joining portion of the claimed invention, wherein the adhesion zone includes a thick portion facing the accommodating space and increasing in thickness toward the accommodating space, the adhesion zone further including a protruding portion in which the resin protrudes toward the accommodating space. Figures 4 and 5 and Page 6. Ha teaches this sealing approach prevents moisture permeation. Page 6.
Therefore, it would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention to use Ha’s sealing technique on Mita’s secondary batteries because Ha teaches doing so prevents moisture permeation, meaning the modification has a reasonable expectation of success.
(5)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 5:00 pm EST.
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, Curtis Mayes can be reached at 571-272-1234. 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.
/ELI S MEKHLIN/Primary Examiner, Art Unit 1759
