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 § 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.
Claim 16 recites “wherein preferably, the mounting system further comprises” which creates an indefiniteness issue. The term “preferably” renders the scope of the claim unclear because it is uncertain whether the subsequently recited fastening member is actually required by the claim or merely an optional feature.
Regarding claim 15, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1-3, 5, 13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sinzel et al. (US 2023/0155234 A1) in view of Yao et al. (US 2015/0291225 A1).
Regarding claims 1-3 & 13: Sinzel et al. discloses a mounting arrangement for mounting a battery module (battery module 12) to a housing (battery housing 14) of a mounting structure (Fig. 1,) the mounting arrangement comprising: a fastening element (battery module screw 18); a mounting element adapted to be fixed relative to the housing (outer part 34 of tolerance compensation element 16 arranged on fastening flange 14a of battery housing 14); and a compensating element mounted to the mounting element (inner part 32 threadably engaged with outer part 34), the compensating element being adapted to abut to an outer surface of the battery module (inner part 32/tolerance compensation element 16 arranged between battery module 12 and fastening flange 14a) and to compensate for a distance between the battery module and the housing (Para. 0034).
Sinzel et al. differs from the invention as claimed because Sinzel et al. does not disclose wherein the fastening is adapted to engage the battery module from a first side of the housing facing away from the battery module; and a mounting element adapted to be arranged on a second side of the housing facing the battery module, and the compensating element being fixated relative to the housing by the fastening element such that the battery module is fixated at a distance from the second side; and wherein the compensating element comprises an end portion with an end surface adapted to engage the battery module; and wherein the end portion comprises a flanged portion provided with the end surface; and wherein the compensating element comprises a through-going compensator aperture and the fastening element is adapted to extend through the compensator aperture upon engaging the battery module.
Yao et al., however, taches a fastening arrangement comprising a fastening element (fastener 36) extending through a structural component (body-side structure/handoff bracket 28, 50), a mounting element fixed relative to an opposed structural component (base member 16 fixed relative to first frame component 20), and a compensating element mounted to the mounting element (extension member 30 threadably coupled to base member 16), wherein the compensating element is adapted to abut an outer surface of the component being mounted (base flange 80/ abutment surface 94 of extension member 30 abutting upper side 82 of the opposed structural component), and wherein the fastening element extends from the opposite side of the structural component and through the compensating element (fastener 36; aperture 34; Figs. 9-11), thereby fixating the components while maintaining a distance therebetween (extension member 30 fills spacing 92 and supports gap 38 between the structural components); and wherein the compensating element comprises an end portion with an end surface adapted to engage the battery module (extension member 30 having a lower area including base flange 80 and abutment surface 94, the base flange 80 being configured to abut the upper side 82 of the opposed structural component; Figs. 9-11); and wherein the end portion (lower area of extension member 30) comprises a flanged portion (flange 80) provided with the end surface (surface 94 is configured to abut upper side element 82; Figs. 9-10); and wherein the compensating element comprises a through-going compensator aperture (aperture 34) and the fastening element (fastener 36) is adapted to extend through the compensator aperture upon engaging the battery module (fastener 36 passes through aperture 34 of extension member 30).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the mounting arrangement of Sinzel et al. to include the fastening configuration as taught by Yao et al., including arranging the mounting element on one side of the housing, providing the compensating element between the housing and battery module, and inserting the fastening element from the opposite side, wherein the compensating element comprises an end portion with an end surface adapted to engage the battery module; and wherein the end portion comprises a flanged portion provided with the end surface; and wherein the compensating element comprises a through-going compensator aperture and the fastening element is adapted to extend through the compensator aperture upon engaging the battery module in order to compensate for manufacturing and assembly tolerances by filling and supporting a variable gap between the mounted component and supporting structure, thereby providing a secure and substantially rigid connection.
Regarding claim 5, Sinzel et al. as modified by Yao et al. discloses the mounting arrangement of claim 1. Sinzel et al. further discloses wherein the mounting element (base member 16) and the compensating element (extension member 30) are provided with threading (threads 78/threaded engagement between 30 and 16) such that the compensating element and the mounting element are in adjustable engagement (extension member 30 unthreads from base member 16 to vary the compensator length and gill gap 38; Figs. 3-10).
Regarding claim 15, Sinzel et al. as modified by Yao et al. discloses a mounting system for an energy storage system such as an energy storage system of a vehicle, marine vessel or motor, or such as an energy storage system (Para. 0020) of a stationary system such as at least one of a building and a stationary machinery, the mounting system being adapted to support a battery module (battery module 12), the mounting system comprising: a mounting structure comprising a housing (battery housing 14); and the mounting arrangement of claim 1 for mounting the battery module to the housing.
Regarding claim 16, Sinzel et al. as modified by Yao et al. discloses the mounting system of claim 15. Sinzel et al. differs from the invention as claimed because Sinzel et al. does not disclose wherein the mounting arrangement comprises at least one mounting arrangement adapted to engage a first side surface of a battery module to mount the battery module to the housing and wherein, preferably, the mounting system further comprises at least one fastening member adapted to engage a second side surface of the battery module opposite to the first side surface to mount the battery module to the housing.
Yao et al., however, teaches wherein the mounting arrangement comprises at least one mounting arrangement adapted to engage a first side surface of a battery module to mount the battery module to the housing and wherein, preferably, the mounting system further comprises at least one fastening member adapted to engage a second side surface of the battery module opposite to the first side surface to mount the battery module to the housing (tolerance compensation element 16 and battery module screw 18 engaging battery module 12 to mount battery module 12 to fastening flange 14a of battery housing 14).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included the mounting system of Sinzel et al. with an additional fastening member on the opposite side of the battery module as taught by Yao et al. in order to secure the battery module at opposing sides, thereby providing a stable mounting and restricting movement of the battery module relative to the housing.
Regarding claim 17, Sinzel et al. as modified by Yao et al. discloses a vehicle comprising a battery module and the mounting system of claim 15 (Sinzel et al. teaches a traction battery for an electrically operated vehicle comprising a battery module 12, battery housing 14, tolerance compensation unit 16 and threaded bolt 18; Paras. 0003, 0034).
In regards to claims 18-19, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be met by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the Claimed method, it can be assumed that the device will perform the claimed process. See MPEP 2112.02. Accordingly the mounting arrangement of Sinzel et al. as modified by Yao et al. as set forth above, in its normal and usual operation necessarily performs the method recited in claim 18 and claim 19.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sinzel et al. in view of Yao et al. and in further view of Figge et al. (US 2008/0304907 A1).
Regarding claims 6 & 7: Sinzel et al. differs from the invention as claimed because Sinzel et al. does not disclose further comprising: an engagement mechanism adapted to counteract rotation of the mounting element by being arranged such that rotation of the mounting element relative to the housing is blocked due to the mounting element engaging the engagement mechanism; and wherein the engagement mechanism comprises a blocking element adapted to be fixed relative to the housing and to engage the mounting element to block rotation of the mounting element.
Figge et al., however, teaches an engagement mechanism (spring element 11) adapted to counteract rotation of the mounting element (receiving element 2) by being arranged such that rotation of the mounting element relative to the housing is blocked due to the mounting element engaging the engagement mechanism (spring element 11 of receiving element 2 snaps into recess 93—spring element 11 prevents rotation; Figs. 4 & 7; Para. 0028); and wherein the engagement mechanism comprises a blocking element adapted to be fixed relative to the housing and to engage the mounting element to block rotation of the mounting element (Figs. 7A-7D).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included an engagement mechanism adapted to counteract rotation of the mounting element by being arranged such that rotation of the mounting element relative to the housing is blocked due to the mounting element engaging the engagement mechanism; and wherein the engagement mechanism comprises a blocking element adapted to be fixed relative to the housing and to engage the mounting element to block rotation of the mounting element as taught by Figge et al. on the invention of Sinzel et al. in order to prevent undesired rotation of the mounting element relative to the housing and thereby maintain the mounting element in its installed position during fastening.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sinzel et al. in view of Yao et al. and in further view of Gunther (US 2020/0295322 A1).
Regarding claim 8, Sinzel et al. as modified by Yao et al. discloses the mounting arrangement of claim 1. Sinzel et al. differs from the invention as claimed because Sinzel et al. does not disclose wherein the mounting element is adapted to be welded onto the housing.
Gunther, however, teaches wherein the mounting element (tolerance compensating element 11) is adapted to be welded onto the housing (housing 1; Paras. 0015, 0031).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the mounting element is adapted to be welded onto the housing as taught by Gunther on the invention of Sinzel et al. in order to securely fix the tolerance compensating mounting structure in its desired position relative to the battery housing and provide a rigid, durable connection.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. A prior art search did not uncover any references that fairly teach or suggest, either alone or in combination: wherein the end portion comprises a conical portion provided with the end surface.
Claims 9 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. A prior art search did not uncover any references that fairly teach or suggest, either alone or in combination: a cover member adapted to be arranged on the first side of the housing and be fixated to the housing by the fastening element. Claims 10-13 depend from claim 9.
Citation of Pertinent Prior Art
The prior art made of record and cited on PTO Form 892 is considered pertinent to applicant’s disclosure.
Conclusion
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY LYNN JOHNS whose telephone number is (313) 446-4852. The examiner can normally be reached on 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L JOHNS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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