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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/23/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 07/23/2024. These drawings are acceptable.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0028 recites: “a case 11 with a main body 12 having a rectangular cylindrical shape”. The elements are shown in Figure 5 but are displayed as rectangular.
Paragraph 0053 recites: “the portion with smoke Fig.9 and Fig. 11”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation " the end” in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim. The claim further recites “the opposing portion" in lines 2 and 4 and “the second piece” in line 3 and “the fixed portion” in line 5. There is insufficient antecedent basis for these limitations in the claim.
Appropriate action is required.
Claim 3 recites “the end” and “the opposing portion” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Appropriate action is required.
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.
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.
5. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi et al. (CN111554844A; “Miyoshi hereinafter”; US2020259138A is used as a translation) in view of Choo et al. (KR-20110040688-A; “Choo” hereinafter; US8810080B2 is used as a translation).
Regarding claim 1, Miyoshi discloses an energy storage apparatus (battery module, see figure 1) comprising: a stack (a battery cell stack, abstract) including a plurality of energy storage devices (battery cells, abstract) aligning in a first direction (in a first direction, abstract); a pair of terminal members sandwiching the stack in the first direction (see first and second surface in first direction, see figure 1); and a coupling member coupling, with each other, corresponding ends in a second direction orthogonal to the first direction of the pair of terminal members (a second surface that is a surface in a second direction that is a direction orthogonal to the first direction, abstract), wherein at least one terminal member of the pair of terminal members includes a terminal-member main-body extending in a direction orthogonal to the first direction (see element 3 figure 1), when viewed in the first direction, the terminal-member main-body includes: first sides elongating along the second direction at respective ends in a third direction orthogonal to each of the first direction and the second direction of the terminal-member main-body (see elongation 31 in figure 1); the coupling member includes: a coupling-member main-body elongating in the first direction at a position adjacent to the stack in the second direction (see element 7 figure 1); a first piece elongating along a direction approaching the stack in the second direction from an end of the coupling-member main-body on one side in the third direction and elongating in the first direction (see element 7 portions 73 and 72); a second piece elongating in the second direction along a surface of the terminal-member main-body on a side opposite to the stack, from an end of the coupling-member main-body on one side of the first direction (see element 5 on the opposite side and connection part 62) and elongating in the third direction; and a coupling portion coupling corresponding ends of the first piece and the second piece (second fixing portions [0099]), and each of a first edge being an edge of a portion in which the first sides are linked to the second sides in the terminal-member main-body (see B1 linking the coupling member to the terminal member, see figure 2) and a second edge including respective edges of the coupling portion and the second piece includes an opposing portion opposing in a manner to intersect (see B2 which connects element 73 that includes the opposing portions 72 ), and an end of at least one of the terminal member and the coupling portion, which includes the opposing portion, is curved with respect to a portion adjacent to the end, so as to be away from an opposing portion of the counterpart (bulging portions 31 bulging outward in the stacking direction of the battery cells 21 are integrally provided on the upper portions of the end plates 3). Miyoshi fails to disclose that the terminal member includes second sides elongating along the third direction at respective ends in the second direction of the terminal-member main-body. Choo discloses a battery module with excellent structural stability and discloses terminal members that include sides elongating along the third direction at respective ends in the second direction of the terminal-member main-body (see for example Choo figure 10).
Choo and Miyoshi are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely energy storage apparatus.
In seeking an energy storage apparatus with excellent structural stability before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to apply the sides elongating along the respective direction to the terminal member discloses by Choo as doing so would amount to nothing more than to use a known method for its intended use in a known environment to accomplish an entirely predictable result.
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Figure 1: Miyoshi figure 3
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Figure 2: Miyoshi adapted figure 2
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Figure 3: Choo figure 10
Regarding claim 2, modified Miyoshi discloses the energy storage apparatus according to claim 1 and discloses the terminal-member main-body includes: the end which includes the opposing portion (see elements 72 figure 2), and a fixed portion (see element 32, figure 1) to which the second piece (see element 62, figure 1) is fixed, and in the terminal-member main-body (element 3), the end including the opposing portion is adjacent to the fixed portion (see figure 2, elements 72 being adjacent to 62).
Regarding claim 3, modified Miyoshi discloses the energy storage apparatus according to claim 1, and discloses that the terminal-member main-body includes a first member (see element 23, figure 1) and a second member (element 32 figure 1) aligning in the stated order towards a direction away from the stack in the first direction and being in contact with each other, the second member includes the end including the opposing portion, and either a portion of the first member, which corresponds to the end of the second member including the opposing portion, is not in contact with the second member, or the first member is not disposed in an area overlapping the end of the second member including the opposing portion, when viewed in the first direction (see element 23 arranged on the inner side of element 3 in figure 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
US11374290 discloses a power supply device.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA LEE HANYON whose telephone number is (571)272-8881. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at (571) 270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.H./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 09/30/2026
