www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/430,860
`
`08/13/2021
`
`Tomonori SAKAMOTO
`
`2021-1531A
`
`7222
`
`wo
`
`o
`
`ACKL.
`
`WENDEROTH, LIND & PONACK L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`HILTON, ALBERT MICHAEL
`
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/16/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/430,860
`Examiner
`ALBERTHILTON
`
`Applicant(s)
`SAKAMOTOetal.
`Art Unit
`AIA (FITF) Status
`1723
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on Aug 13, 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-17 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11){¥}] The drawing(s) filed on Aug 13, 2021 is/are: a) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230426
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`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 madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, 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 1-7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Nakazawa (US 2009/0220851).
`
`Regarding claim 1, Nakazawadiscloses a power supply device comprising a plurality of
`
`batteries (battery pack 10) each including an exhaust valve (valve opening 7a) and an exterior
`
`case (case 16) that accommodatesthe batteries and includesa collision-enhancing type releasing
`
`path (1.e., the path from battery cell to gas exhaustport, indicated with arrowsin Fig. 7) for
`
`releasing a gas discharged from the exhaust valve to the outside ({0003], [0028], and Fig. 7).
`
`The releasing path of Nakazawa includesa first collision plate that reflects the flow
`
`direction of the discharged gasafter the gas collides against the surface of the first collision plate
`
`(see illustration below), and a secondcollision that faces the first collision plate so that the gas
`
`discharged through the exhaust valve (7a) collides againstthe first collision plate and against the
`
`second collision plate and is then released to the outside of the exterior case (see Fig. 7, and
`
`Illustration 1 below).
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 3
`
`
`
`
`ox
`EAE
`
`Illustration I, reproduced with modification from Fig. 7 ofNakazawa.
`
`Regarding claim 2, Nakazawadiscloses a power supply device wherein the releasing path
`
`includesinlet and outlet ducts on inlet and outlet sides of the releasing path, respectively (see
`
`Illustration 1 above). The discharged gases pass through the inlet duct, collide against the surface
`
`of the first collision plate and the secondcollision plate, and are then released through the outlet
`
`duct to the outside of the exterior case (see Illustration 1 above).
`
`Regarding claim 3, Nakazawadiscloses a power supply device wherein the releasing path
`
`includes a reflection duct that guides to the second collision plate the discharged gas reflected in
`
`collision against the first collision plate (see Illustration 2 below).
`
`
`
`Illustration 2, reproduced with modification from Fig. 7 ofNakazawa.
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 4
`
`Nakazawafurther discloses a second guide plate that separates the inlet duct from the
`
`reflection duct (see Illustration 2 above).
`
`Regarding claim 4, Nakazawadiscloses a power supply device wherein the releasing path
`
`includesa first guide plate that is coupled to the first collision plate and extends in the outlet duct
`
`in parallel to the flowing direction of the discharged gas (see Illustration 3 below). Thefirst
`
`guide plate of Nakazawa guidesto the second collision plate the discharged gas that was
`
`reflected in collision againstthe first collision plate (see Illustration 3 below and Illustration 2
`
`above).
`
`
`
`Illustration 3, reproduced with modification from Fig. 7 ofNakazawa.
`
`Regarding claims 5 and 6, Nakazawadiscloses a power supply device having a releasing
`
`path in which guideplates and sub-plates (43, 53) form vertical gaps between the plates and the
`
`exterior case through whichthe discharged gasses pass through (Figs. 6, 7). Said guide plates are
`
`coupled to the sides of the exterior case (Figs. 6, 7) and in this way, the hot gasses are forced to
`
`follow a labyrinthine path, which cools the gas ({0051]).
`
`Regarding claim 7, Nakazawastates that the body and partition walls of the power supply
`
`device are made of metal ([0009], [0012]). This would necessarily encompass both the guide
`
`pates and collision plates that form the partition walls (Fig. 7).
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 5
`
`Regarding claim 11, Nakazawa discloses a power supply device wherein the exterior case
`
`includes a battery accommodationarea (battery cell housing 17) that accommodatesa battery
`
`block (10) that includes the batteries (10) arranged in their predetermined place ([0028] and Fig.
`
`2). The power supply device of Nakazawa further includes a duct area that is arranged between
`
`the battery accommodation area and an endpart of the exterior case, and wherein the releasing
`
`path is arranged in the ductarea (see Illustration 4 below).
`
`Illustration 4, reproduced with modification from Fig. 3 ofNakazawa.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patentfor a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore 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 mannerin 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:
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 6
`
`1. Determining the scope and contents of the priorart.
`2. Ascertaining the differences between the prior art and the claimsat issue.
`3. Resolving the level of ordinary skill in the pertinentart.
`4. Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`Claims8-10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Nakazawa.
`
`Regarding claim 8, Nakazawadiscloses a power supply device with a gas releasing path
`
`in an exterior case that meets all of the limitations of claim 1, as set forth above. Nakazawaonly
`
`discloses one exterior case with a gas release path for releasing exhaust gas from an exhaust
`
`valve, rather than a plurality of such exterior cases (Fig. 2).
`
`However, the addition of a plurality of gas releasing paths to the power supply device of
`
`Nakazawa would represent an obvious duplication of parts that would fail to alter the operation
`
`of the device in a patentably distinct manner from that of the prior art (see MPEP §2144.04). One
`
`of ordinary skill in the art before the effective filing date of the claimed invention, desiring to
`
`increase the poweroutput of the power supply device of Nakazawa, would have found it obvious
`
`to increase the numberofcells in the battery, and would therefore have immediately realized a
`
`motivation to add additional exterior cases with additional gas release pathways to accommodate
`
`the addedcells.
`
`Regarding claims 9 and 10, the exterior case of Nakazawahas a rectangular
`
`parallelepiped shape with a width and a length longerthan the width (Fig. 2). However, the gas
`
`releasing path is only arranged on one longitudinal end of the case (16), as per Fig. 2. There are
`
`not gas release pathwaysatthe lateral sides of the power supply device.
`
`However, one of ordinary skill in the art would recognize the addition of a second gas
`
`releasing path at the other longitudinal end of the case to be a simple duplication and
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 7
`
`rearrangement of parts that would fail to alter the operation of the device in a patentably distinct
`
`way from the prior art (see MPEP $2144.04). Asset forth in the rejection of claim 8 above, one
`
`of ordinary skill in the art before the filing date of the claimed invention, desiring would have
`
`found it obvious to add additional gas release pathwaysin order to increase the power supply of
`
`the device. Further, the location of the releasing paths would be a function of the size and
`
`configuration of the battery as well as other components of the power supply relative to the
`
`housing. Placing said additional gas release pathways on the opposite longitudinal end and/or the
`
`lateral ends of the power supply device of Nakazawa would be obvious design choicesthat
`
`would notalter the operation of the device in a patentably distinct manner from that of the device
`
`of Nakazawa.
`
`Regarding claim 16, Nakazawa discloses a power supply device comprising a battery
`
`holder (battery cell housing 17) that is accommodated in the exterior case (case 16) and holds the
`
`batteries (battery pack 10) in their predetermined places (Fig. 3). The inlet duct (inflow port 25)
`
`of Nakazawahasa circular shaperather than a vertically-elongated shape (Fig. 5). However,
`
`modifying the shape of the inlet duct of Nakazawato, for example, a vertically-elongated oval
`
`extending in a vertical direction would be a simple change of shape that would notalter the
`
`operation of the device in a patentably distinct manner or produce any new or unexpected
`
`benefit. One of ordinary skill in the art before the effective filing date of the claimed invention
`
`would therefore have found such a modification to be obvious (see MPEP §2144.04).
`
`Claims 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Nakazawaasapplied to claim 11 above, and further in view of Nagano (US 9,553,290).
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 8
`
`Regarding claims 12 and 13, Nakazawa discloses a power supply device that meets all of
`
`the limitations of claim 11 as set forth above, and further discloses lead wires (connecting cable
`
`23) connectedto the battery (10, see [0030] and Fig. 2). Nakazawaalso discloses a gas releasing
`
`path arranged in and enclosed by the duct area, where the gas releasing path has an inlet and
`
`outlet duct (see Illustration 4 above). Nakazawadoesnot disclose a connector fastened to the
`
`exterior case or lead wires that pass from the inlet duct to the outlet duct of the releasing path
`
`whichis arranged in the duct area.
`
`However, Nagano, working in the samefield of endeavor, teaches a battery arrangement
`
`in which the lead wires (113a) are arranged within the gas releasing path (hose 119a) and
`
`enclosed by the duct area such that the lead wires (113a) pass from the inlet duct to the outlet
`
`duct of the gas releasing path (1.e., the inlet and outlet of hose 119a) arranged in the duct area
`
`(Nagano, col. 10, lines 38-64 and Figs 5-6).
`
`Naganofurther teaches that arranging the lead wires in the gas releasing path in this
`
`fashion reducesthe need to create separate holes for the wires and the gas releasing path, which
`
`can reducethe noise that is transmitted though said holes (Nagano, col. 1, lines 38-57). One of
`
`ordinary skill in the art before the effective filing date of the claimed invention, motivated by a
`
`desire to reduce the numberof through-holes needed to accommodate the powersupply device of
`
`Nakazawaandthereby reduce the transmission of noise into a vehicle would therefore have
`
`found it obvious to arrange the lead wires inside the gas releasing path from the inlet duct to the
`
`outlet duct, as taught by Nagano.
`
`Further regarding claims 12 and 13, Naganoteaches a connector (connector 15) thatis
`
`connected to the battery (battery cover 1 and junction box 5) by lead wires such that the battery
`
`can be connected to a motor (cable 7, see col. 3, lines 32-39 and Figs. 2, 4). One of ordinary skill
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 9
`
`in the art before the effective filing date, desiring to connect the wires of the power supply device
`
`of Nakazawato a vehicle motor, would therefore have found it obvious to use the same
`
`connector apparatus taught by Naganoto connect the lead wires to an external motor.
`
`In particular regard to claim 13, the combination of Nakazawa with Naganoset forth
`
`aboveyields a wiring gas releasing path that holds lead wires(1.e., the lead wires 113a are
`
`disposed within the gas releasing path in the duct area, see Nagano, col. 10, lines 38-64 and Figs
`
`5-6). While the prior art does not disclose an additional gas releasing path in the duct area of the
`
`powersupply device, the placement of additional gas releasing pathwayswithin the duct area of
`
`said powersupply device would represent a simple duplication of parts that would not yield any
`
`new or unexpected benefit and therefore would have been obvious to one of ordinary skill in the
`
`art before the effective filing date of the claimed invention (see MPEP §2144.04).
`
`Regarding claim 14, Nakazawadiscloses a power supply device comprising wiring gaps
`
`(i.e., gaps allowing the lead wires to pass through)in the gas releasing path formed between the
`
`edge ofa first guide plate and a second collision plate created by forming a metal plate into a U
`
`shape (Fig. 7 and see Illustration 5 below). Nakazawa does notdisclose lead wires passing
`
`through said wiring gaps.
`
`
`
`
`
`
`
`
` eeeeeeen|
`
`
`
`Illustration 7, reproduced with modification from Fig. 7 ofNakazawa.
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 10
`
`However, Nagano, working in the samefield of endeavor, teaches a battery arrangement
`
`in which the lead wires (113a) are arranged within the gas releasing path (hose 119a) and
`
`enclosed by the duct area such that the lead wires (113a) pass from the inlet duct to the outlet
`
`duct of the gas releasing path (1.e., the inlet and outlet of hose 119a) arranged in the duct area
`
`(Nagano, col. 10, lines 38-64 and Figs 5-6).
`
`Naganofurther teaches that arranging the lead wires in the gas releasing path in this
`
`fashion reduces the need to create separate holes for the wires and the gas releasing path, which
`
`can reducethe noise that is transmitted though said holes (Nagano, col. 1, lines 38-57). One of
`
`ordinary skill in the art before the effective filing date of the claimed invention, motivated by a
`
`desire to reduce the numberof through-holes needed to accommodate the powersupply device of
`
`Nakazawaandthereby reduce the transmission of noise into a vehicle would therefore have
`
`found it obvious to arrange the lead wires inside the gas releasing path from the inlet duct to the
`
`outlet duct, as taught by Nagano. The placementof the lead wires in the gas releasing path would
`
`necessarily require the lead wires to pass through the wiring gap.
`
`Regarding claim 15, Nakazawadiscloses a second guide plate in the non-wiring releasing
`
`path coupled to the second collision plate, rather than the first collision plate (see Illustration 2
`
`above and Fig. 7 of Nakazawa), such that a passage gap is formed between the upperedge of the
`
`second guide plate and an upperplate of the exterior case to allow the discharged gas to pass
`
`through the passage gap, rather than the instantly-claimed gap formed between the upper edge of
`
`the second guide plate and an upperplate of the exterior case.
`
`However, rearranging the components of the prior art structure such that the second guide
`
`plate is connectedto the first collision plate and the passage gap lies between the second guide
`
`plate and an upperplate of the exterior case would be a simple rearrangementof parts that would
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 11
`
`fail to alter the function of the device in a patentably distinct manner from the prior art device or
`
`produce any new or unexpected benefit (see MPEP §2144.04). One of ordinary skill in the art
`
`before the effective filing date of the claimed invention would therefore would have foundit
`
`obvious to connect the second guideplate to the first collision plate such that the passage gaplies
`
`between the lower edge of the second guide plate and the exterior case.
`
`Regarding claim 17, the power supply device of Nakazawa comprisesan inlet duct
`
`(inflow port 25) in the releasing path that has a circular shape rather than a vertically-elongated
`
`shape (Fig. 5). However, modifying the shape of the inlet duct of Nakazawato, for example, a
`
`vertically-elongated oval extending in a vertical direction would be a simple change of shape that
`
`would notalter the operation of the device in a patentably distinct manner or produce any new or
`
`unexpected benefit. One of ordinary skill in the art before the effective filing date of the claimed
`
`invention would therefore have found such a modification to be obvious (see MPEP §2144.04).
`
`Conclusion
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALBERT HILTON whosetelephone numberis (571)272-4068.
`
`The examiner can normally be reached Monday- Friday 8:00 AM - 5:00 PM EST.
`
`Examinerinterviewsare available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 17/430,860
`Art Unit: 1723
`
`Page 12
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Milton Cano can be reached on (313) 446-4937. The fax phone numberfor the
`
`organization where this application or proceedingis 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
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`information about Patent Center and https://www.uspto.gov/patents/docx for information about
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/A.M.H./
`Examiner, Art Unit 1723
`
`/MILTON I CANO/
`Supervisory Patent Examiner
`Art Unit 1723
`
`