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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
Each of Figures 1-3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 15 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. In claim 15, line 6, the phrase “the preventive band” lacks proper antecedent basis.
Claim Rejections - 35 USC § 102/103
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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) 1-12 and 15-19 is/are rejected under 35 U.S.C. 102(a)(b) as anticipated by Byrne (2006/0196193) or, in the alternative, under 35 U.S.C. 103 as obvious over Byrne in view of The Related Prior Art in the background of the instant patent application and Figures 1-3 (hereinafter The Related Prior Art) and/or Gepfrey (2015/0021336) and/or Parks (2015/0238032).
As to claim 1, Byrne discloses a containment apparatus/secondary battery packaging box (10, 18, 21) comprising a box body (10) having an outer shape forming an internal space (12, 16), and partition wall (21) in the box body dividing the internal space into multiple accommodation spaces (25) with each space is inherently capable to accommodate a cylindrical battery cell. Byrne further discloses the partition wall comprises at least one aperture/contact prevention portion (22; Fig. 2) disposed at a height which is inherently capable of not in contact with a recognition code on an outer peripheral surface of the respective cylindrical battery cell accommodated in the respective accommodation space. To the extent that Byrne fails to disclose each accommodation space of the packaging box is configured to accommodate a cylindrical battery cell and a recognition code on an outer peripheral surface of the cylindrical battery cell is not in contact with the at least one aperture/contact prevention portion as claimed, The Related Prior Art teaches that it is old and conventional practice of providing a secondary battery packaging box (20) comprising a box body and a partition wall (25) disposed in the box body dividing the internal space into multiple accommodation spaces in which multiple cylindrical battery cells are each accommodated and each cylindrical battery cell (10, 15) includes a recognition code (12). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Related Prior Art to modify the secondary battery packaging box of Byrne so each accommodation space of the box body is constructed to accommodate a cylindrical battery cell for allowing the box body to hold other articles such as cylindrical battery cells and the partition wall is constructed with the at least one aperture/contact prevention portion provided that is not in contact with the recognition code to prevent damage to the recognition code.
As to claim 2, to the extent that Byrne fails to disclose a position and a height of the contact prevention portion are set differently depending on a height at which the recognition code is positioned and a height of the recognition code in a state where the cylindrical battery cell is accommodated in the accommodation space as claimed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery packaging box of Byrne as modified so the partition wall is constructed with a position and height of the contact prevention portion are set differently depending on a height at which the recognition code is positioned and the height of the recognition code in a state where the cylindrical battery cell is accommodated in the accommodation space to provide more convenience for the manufacturer and/or to avoid the recognition code from getting damaged.
As to claim 3, the secondary battery packaging box of Byrne as modified is capable to provide the outer surface of the cylindrical battery cells contact with an inner surface of the partition wall, and the outer surface of the cylindrical battery cell is not in contact with the inner surface of the partition wall through the contact prevention portion.
As to claim 4, Byrne discloses the at least one aperture/contact prevention portion comprises an aperture/perforated portion (22) in the partition wall as claimed.
As to claim 5, Byrne discloses the at least one aperture/contact prevention portion (22) comprises a pass-through window in which a portion of the partition wall is removed.
As to claim 6, Byrne further discloses the partition wall is made of a paper material [0024].
As to claim 7, Byrne further discloses the partition wall (21) comprises a plurality of horizontal partition walls (23; Fig. 2) and a plurality of vertical partition walls (23) interlocked/cross-connected [0024] with the plurality of horizontal partition walls to form a plurality of square accommodation spaces (25) in a grid shape as claimed. To the extent that Byrne fails to show the plurality of horizontal partition walls and the plurality of vertical partition walls that are cross-connected with the horizontal partition walls as claimed. Gepfrey teaches a partition wall (10; 20) comprising a plurality of horizontal partition walls (11, 13) and a plurality of vertical partition walls (12, 14) that are cross-connected with the horizontal partition walls to form a plurality of square accommodation spaces in a grid shape (Fig. 2). Parks teaches an organizing device (11) comprising a partition wall (22, 23) including a plurality of horizontal partition walls (23) and a plurality of vertical partition walls (22) that are cross-connected with the horizontal partition walls to form a plurality of square accommodation spaces (18) in a grid shape (Figs. 1-4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Gepfrey and/or Parks to modify the partition wall of Byrne so the partition wall is constructed with the plurality of horizontal partition walls and the plurality of vertical partition walls that are cross-connected with the horizontal partition walls to form a plurality of square accommodation spaces in the grid shape for better securing the plurality of horizontal partition walls to the plurality of vertical partition walls.
As to claim 8, Gepfrey further teaches a plurality of upper grooves (11a; Fig. 1) predetermined intervals formed in the horizontal partition wall (11), and a plurality of lower grooves (12a) at predetermined intervals and inserted and coupled into each of the plurality of upper grooves are in the vertical partition wall (12). Parks also teaches a plurality of upper grooves (35; Fig. 3) predetermined intervals formed in the horizontal partition wall (23), and a plurality of lower grooves (32) at predetermined intervals and inserted and coupled into each of the plurality of upper grooves are in the vertical partition wall (22).
As to claim 9, Gepfrey further teaches each of the upper grooves are recessed downward from the upper end of the horizontal partition wall, and each of the lower grooves are recessed upward from the lower end of the vertical partition wall (Fig. 1). Parks further teaches each of the upper grooves are recessed downward from the upper end of the horizontal partition wall, and each of the lower grooves are recessed upward from the lower end of the vertical partition wall (Fig. 3).
As to claim 10, the secondary battery packaging box of Byrne as modified comprises the perforated portion (22; Fig. 2) of the horizontal partition wall is between the respective upper groove and an adjacent respective upper groove, and the perforated portion (22) of the vertical partition wall is between the respective lower groove and an adjacent respective lower groove.
As to claim 11, Byrne further discloses the at least one aperture/contact prevention portion comprises a protective band (Fig. 2 shows each of the horizontal partition wall and the vertical partition wall comprises two rows of apertures 22 which is considered equivalent to a protective band as claimed).
As to claim 12, the secondary battery packaging box of Byrne as modified comprised the protective band is extended in a horizontal direction at each of a portion higher (the upper aperture 22) and a portion lower (the lower aperture 22) than a height corresponding to the recognition code.
As to claim 15, Byrne further discloses the box body (10) comprises a plurality of preventive bands (the top line of the apertures 22 and the bottom line of the apertures 22; Fig. 5) on a sidewall which are inherently capable of not in contact with the recognition code on the outer peripheral surface of the respective cylindrical battery cell accommodated in the respective accommodation space and each of the preventive bands is extended in a horizontal direction at each of a portion higher and a portion lower than a height corresponding to the recognition code.
As to claim 16, Byrne discloses the partition wall/secondary battery packaging interleaf (21; Fig. 2; see claim 1 above) which is inserted and mounted into the box body (10, 21) having an outer shape forming an internal space that forms a plurality of accommodation spaces (25) which are inherently capable for accommodating a plurality of cylindrical battery cells respectively, the secondary battery packaging interleaf comprising a plurality of horizontal partition walls (23) and a plurality of vertical partition walls (23) across the horizontal partition walls forming the plurality of accommodation spaces (25) in a grid shape. Byrne further discloses that each of the horizontal partition walls and the vertical partition walls comprises a plurality of apertures/contact prevention portions (22) disposed at a location which is inherently capable of not in contact with a recognition code on an outer peripheral surface of the respective cylindrical battery cell.
As to claim 17, to the extent that Byrne fails to disclose a position and a height of the contact prevention portion are set differently depending on a height at which the recognition code is positioned in a state where the cylindrical battery cell is accommodated in the accommodation space and a height of the recognition code as claimed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary battery packaging interleaf of Byrne so the secondary battery packaging interleaf is constructed with a position and height of the contact prevention portion are set differently depending on a height at which the recognition code is positioned in a state where the cylindrical battery cell is accommodated in the accommodation space and a height of the recognition code to avoid the recognition code from getting damaged and/or to provide more convenience for the manufacture.
As to claim 18, the secondary battery packaging interleaf of Byrne as modified comprised the position of the contact prevention portion (22) corresponds to a position of the recognition code, and the height of the contact prevention portion is greater than the height of the recognition code as claimed.
As to claim 19, Byrne discloses the contact prevention portion (22) comprises a perforated portion (aperture) in the partition wall as claimed.
Allowable Subject Matter
Claims 13-14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 571-270-5531 or orlando.aviles-bosques@uspto.gov. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736
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