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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,157,359.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,157,359.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,157,359.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,157,359.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,157,359.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,157,359.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,157,359.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,157,359.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,157,359.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,157,359.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,157,359.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,157,359.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims from US Patent No. 12,157,359 encompass all of the limitations from respective claims of the present application, respectively, and more (some of the claims from the present application may be broader than those of US 12,157,359). Although the wording is slightly different between these patents and the present Application, one of ordinary skill would understand that all limitations from the claims from the present application are found in respective claims of U.S. Patent No. 12,157,359.
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.
Claim(s) 1, 4, 6, 7, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 108767145).
Regarding claim 1, Li teaches: a battery, comprising:
a first box body (1);
a second box body (2) connected to the first box body;
a plurality of battery units accommodated inside an enclosure defined by the first box body and the second box body (the enclosure is a battery housing, as described throughout the written disclosure); and
a sealing gasket (8) located between the first box body and the second box body whereby the first box body and the second box body are hermetically connected;
wherein the first box body and/or the second box body is provided with a first protruding portion (the protruding portion including the fasteners which extends through holes 101, 201), a side wall of the sealing gasket is provided with a notch portion (81), and the notch portion runs through the sealing gasket along a thickness direction of the sealing gasket, and the first protruding portion extends into the notch portion whereby the first protruding portion fits with the notch portion.
Relevant elements are best shown by Li in Figs. 1, 2, and 6. For convenience, a magnified portion of Fig. 6, is shown below, for best showing the gasket, notch, and placement of the protruding portion.
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Regarding claim 4, Li further teaches: wherein in a length direction of the battery, two ends of the second box body are both provided with first protruding portions, and two ends of the sealing gasket are both provided with notch portions; and/or in a width direction of the battery, two ends of the second box body are both provided with first protruding portions, and two ends of the sealing gasket are both provided with notch portions. See Fig. 6.
Regarding claim 6, Li further teaches: wherein the second box body is located below the first box body (see Fig. 1); the first box body comprises a first body portion (shown best in Fig. 2) and a first connecting portion (11), and the first connecting portion is connected to a periphery of the first body portion; the second box body comprises a second body portion (best shown in Fig. 3) and a second connecting portion (21), and the second connecting portion is connected to a periphery of the second body portion; the first protruding portion is arranged on the second connecting portion ( at the location of holes 201); and the sealing gasket is arranged between the first connecting portion and the second connecting portion, and the sealing gasket is connected to the first connecting portion and the second connecting portion. See Figs. 1, 5, and 6.
Regarding claim 7, Li further teaches: wherein the sealing gasket comprises multiple sealing strips (each strip corresponding to a side of the rectangular structure formed by the box bodies), and the sealing strips are connected to form an annular structure (see Fig. 6); the sealing strip comprises an inner wall (the inward-facing side of element 8) and a first outer wall (see element 82) that are disposed opposite each other, and the inner wall is located at a side of the first outer wall closer to the plurality of battery units; and the notch portion (81) is arranged in the first outer wall. See Fig. 6.
Regarding claim 11, Li further teaches: a driving apparatus, comprising the battery according to claim 1. Li suggests that the battery is implemented in an electric vehicle; see at least the technical field and background from Li.
Regarding claim 12, Li further teaches: a vehicle, comprising the battery according to claim 1. Li suggests that the battery is implemented in an electric vehicle; see at least the technical field and background from Li.
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.
Claim(s) 2, 3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, as applied above, in further view of Wang (CN 107305934).
Regarding claim 2, Li does not disclose specific dimensional features of the protrusion/fasteners. Wang teaches a battery having features analogous to Li, including a first and second box body (2 and 1, respectively) a sealing gasket (3) and a protruding portion (4). Wang teaches: wherein the sealing gasket, after being compressed, has a second thickness that is equal to a protrusion height of the first protruding portion. The sealing gasket extends to the same height as element 4 of the protruding portion when compressed. Relevant elements are best shown in Fig. 3. See also page 3 of the attached translation; see especially the paragraph of the translation starting with “In the battery box of the invention”. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the sealing gasket such that, after being compressed, has a second thickness that is equal to a protrusion height of the first protruding portion; the motivation being: to prevent damage and/or failure of the sealing gasket.
Regarding claim 3, Li further teaches: the notch portion comprises a first side wall, wherein the first side wall is arc-shaped. See the shape of notch element 81, best shown by Li in Fig. 6.
Li is silent regarding specific dimensional features of the protrusion/fasteners.
Accordingly, Li fails to disclose: the first protruding portion is a cylindrical structure; and a side wall of the first protruding portion abuts against the first side wall. Wang teaches: the first protruding portion is a cylindrical structure (see element 4); and a side wall of the first protruding portion abuts against the side wall of the sealing gasket (3). Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the first protruding portion from Li such that the first protruding portion is a cylindrical structure; and a side wall of the first protruding portion abuts against the first side wall, as suggested by Wang. The motivation being: for securely and sealingly holding the box body components in place.
Regarding claim 5, Li further teaches: the first box body is provided with a second mounting hole (101), and the second box body is provided with a third mounting hole (201); see Figs. 2 and 3.
Li is silent regarding specific features of the protrusion/fasteners. Wang teaches: the battery further comprises a connecting piece (5); the first protruding portion is provided with a first mounting hole (see the hole in element 4 which accommodates the connecting piece 5), the first box body is provided with a second mounting hole (see the hole in element 2 which accommodates the connecting piece 5), and the second box body is provided with a third mounting hole (see the hole in element 1 which accommodates the connecting piece 5); and the connecting piece runs through the second mounting hole, the first mounting hole, and the third mounting hole to fasten the first box body to the second box body. Relevant elements are best shown in Fig. 3. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the battery from Li such that a connecting piece runs through the holes as claimed, as suggested by Wang. The motivation being: for securely and sealingly holding the box body components in place.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, as applied above, alone.
Regarding claim 8, Li fails to disclose the specific dimensions of the sealing strip 8. However, the provision of a distance between the first outer wall and the inner wall is greater than 7mm is a modification which would have involved a mere change in size of a component, which is a design choice yielding the same predictable results. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Before the effective filing date of the claimed invention, those having ordinary skill in the art would be motivated to provide the sealing strip from Li such that a distance between the first outer wall and the inner wall is greater than 7mm; the motivation being: such a dimension allows for effective sealing against water, air, etc., without being unnecessarily bulky. Sealing strips having a wide greater than 7mm are well known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F.
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/EMMA K FRICK/Primary Examiner, Art Unit 3613
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