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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/718,910
`
`12/18/2019
`
`Isao Fujiwara
`
`P191327US00
`
`T7247
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`BERMUDEZ, CHARLENE
`
`ART UNIT
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/11/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-7 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-7 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] 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)C The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 12/18/2019 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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 01/08/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210504
`
`Application No.
`Applicant(s)
`16/718,910
`Fujiwaraetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHARLENE BERMUDEZ
`1728
`Yes
`
`
`
`-- The MAILING DATEofthis 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)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) 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\() 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.
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`Claim Objections
`
`2.
`
`Claim 5 is objected to because of the following informalities:
`
`the claim recites the
`
`limitation “a conductive member for a power source for connecting a powersourceto a plurality
`
`of the secondary batteries individually, or a plurality of the secondary batteries on a per
`
`predetermined block basis” in which the examiner suggests that can be written more concisely as
`
`“a conductive memberfor connecting a powersourceto a plurality of the secondary batteries on
`
`a per predetermined block basis”. Appropriate correction is required.
`
`3.
`
`Claims6 and 7 are objected to because of the following informalities: the claimsrecite
`
`the limitation “wherein at least one of first control of adjusting pressure applied by the
`
`pressurizing unit, and second control of’ in which the examiner suggests amending the claim to
`
`instead recite as “wherein at least one of a first control... and a second control...” Appropriate
`
`correction is required.
`
`Claim Rejections - 35 USC § 112
`
`4,
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out anddistinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 3
`
`5.
`
`Claims 1-7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to
`
`particularly point out and distinctly claim the subject matter which the inventorora joint
`
`inventor regardsas the invention.
`
`6.
`
`Claim 1 recites the limitation “the pressurizing unit being provided betweenat least one
`
`of the pair of end plates, and the battery laminate”. It is indefinite how the pressurizing unit can
`
`be provided or be arranged between the battery laminate as the battery laminate is recited to be
`
`defined as an alternately array of a plurality of secondary batteries and a plurality of spacers. The
`
`limitation can be interpreted as the pressurizing unit can also be alternately arrayed between the
`
`secondary batteries with the spacers, however the meaningofit is notclear.
`
`Additionally, because claims 2-7 are dependent on claim 1, claims 2-7 are also rejected
`
`under 35 U.S.C. 112(b) as being indefinite. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`7.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 is incorrect, any correction of the statutory basis for the rejection will not be
`
`considered a new groundofrejection if the prior art relied upon, and the rationale supporting the
`
`rejection, would be the same undereitherstatus.
`
`8.
`
`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 was patented, described in a printed publication, or in public use,onsale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 4
`
`9.
`
`Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US
`
`2016/0204399 A1). Hereinafter referred to as Suzuki.
`
`10.
`
`Regarding claim 1, Suzuki discloses a power storage device comprising:
`
`a battery laminate (“battery stack 2” [0026]) formed by alternately arraying a plurality of
`
`secondary batteries (battery packs 10” [0026]) and a plurality of spacers (“spacer 5” [0026]);
`
`a pair of end plates (“end plates 3” [0026]) provided on both sidesin a first direction of
`
`the battery laminate (“X”direction Fig. 1), the first direction being a direction in which the
`
`secondary batteries and the spacersare arranged (Fig. 1); and
`
`a pressurizing unit for pressurizing the battery laminate (“restraining belt 4” [0026]), the
`
`pressurizing unit being provided betweenat least one of the pair of end plates (Fig. 1 — where 4
`
`is provided between the pair of end plates), and the battery laminate, wherein
`
`each of the secondary batteries comprises:
`
`an electrode assembly (“battery main body” [0030]); and
`
`an exterior body (“casing” [0030]) that houses the electrode assembly, and has a
`
`protrusion which swells inward (“recess W” [0026], Fig. 1) to press the electrode assembly in the
`
`first direction (Fig. 1 — where the battery main bodyofthe battery packs are pressed along the X
`
`direction), and which deforms with expansion of the electrode assembly (“in the vicinity of the
`
`center R1... the deformation caused by the increasein the internal pressure becomessignificant.”
`
`[0033], Fig. 2A and 2B).
`
`11.
`
`Regarding claim 2, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, and wherein
`
`the pressurizing unit pressurizes the battery laminate at constant pressure (“compressive
`
`force”, which applies “a load” onto the surface of the battery [0026]), when thickness
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 5
`
`changein the first direction of the secondary batteries is less than 5% (Eachratio of
`
`length B/C corresponds to a magnitude of a load [0038], and for the examples provided in
`
`the table of Fig. 7, a battery of thickness 14 mm wasused [0040] and a B measurementof
`
`0.35 mm correspondsto a 5% thickness changeasit is applied to opposing surfaces of
`
`the battery exterior as shownin Fig. 6, in which B measurements of less than 0.35 mm
`
`were usedin Fig. 7).
`
`12.
`
`Regarding claim 3, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, and wherein
`
`the pressurizing unit is at least one selected from a spring, a linear motion device, and a
`
`rubber member(“restraining belt 4 is an elastic body such as rubber” [0026]).
`
`Claim Rejections - 35 USC § 103
`
`13.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for 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 ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`14.
`
`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 priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 6
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`15.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`ownedasofthe effective filing date of the claimed invention(s) absent any evidenceto 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 ownedasofthe effective filing date
`
`of the later invention in order for the examinerto 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.
`
`16.
`
`Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US
`
`2016/0204399 A1) as applied to claim 1 above, and further in view ofJianget al, hereinafter
`
`referred to as Jiang (US 2009/0159354 A1).
`
`17.
`
`Regarding claim 4, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, but does not disclose a conductive memberthat connects electrode
`
`terminals of the secondary batteries adjacent to each other, wherein the conductive memberhas
`
`an extension part that extends and contracts in the first direction.
`
`However, Jiang discloses a battery laminate (“battery pack 2300” [0208], Fig. 23 and 24)
`
`formed by alternately arraying a plurality of secondary batteries (“battery cells 300” [0208], Fig.
`
`23 and 24) and a plurality of spacers (“separator 2405” [0208], Fig. 24). Jiang teachesthat the
`
`battery laminate further comprises a conductive member(“connector 2700” [0216], Fig. 68) that
`
`connects electrode terminals of the secondary batteries adjacent to each other (“mechanically and
`
`electrically interconnect adjacent battery packs” [0216]), wherein the conductive memberhas an
`
`extension part (arch-shaped metal member 6815” [0216], Fig. 68) that extends and contracts in
`
`the first direction in which the secondary batteries and spacers are arranged (“connector 2700...
`
`is sufficiently elastic” [0216]). Jiang teaches that these properties for the conductive memberare
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 7
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`desirable so that the conductive memberis capable of mechanically buffering any motion
`
`betweenbattery packs ([0216]).
`
`Therefore, it would have been obvious for a person having ordinaryskill in the art to
`
`modify the power storage device of Suzuki in view of Jiang by including a conductive member
`
`that connects electrode terminals of the secondary batteries adjacent to each other and includes
`
`an extension part that extends and contracts alongthe first direction in order to achieve a power
`
`storage device that is capable of mechanically buffering any motion that can occur between
`
`battery packs.
`
`18.
`
`Regarding claim 5, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, but does not disclose a conductive member for a power source for
`
`connecting a power sourceto a plurality of the secondary batteries individually, or a plurality of
`
`the secondary batteries on a per predetermined block basis, wherein the conductive memberfor a
`
`powersource has a movable part with respectto the first direction.
`
`However, Jiang discloses a battery laminate (“battery pack 2300” [0208], Fig. 23 and 24)
`
`formed by alternately arraying a plurality of secondary batteries (“battery cells 300” [0208], Fig.
`
`23 and 24) and a plurality of spacers (“separator 2405” [0208], Fig. 24). Jiang teaches a
`
`conductive member for a power source (“connectors 2700” [0217]) for connecting a power
`
`source (“motor/generator of a vehicle capable of being driven by electric power” [0219]) toa
`
`plurality of the secondary batteries individually, or a plurality of the secondary batteries on a per
`
`predetermined block basis (“battery packs 2805a and 2805b” [0217] and Fig. 28, which are
`
`electrically connected to one another [0218]), wherein the conductive memberfor a power
`
`source has a movable part with respectto the first direction that the battery laminate is arranged
`
`along (“arch-shaped foil 2715” [0215], which can connect the secondarybatteries serially [0218]
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 8
`
`or [0219] “electrically connected in series with one another”, and can be made up of “an arch-
`
`shaped metal member 6815” [0216]). Jiang further teaches that the moveable part of the
`
`conductive memberis able to mechanically buffer any motion between adjacent battery packs
`
`((0216]).
`
`Therefore, it would have been obvious for a person having ordinaryskill in the art to
`
`modify the power storage device of Suzuki in view of Jiang by including a conductive member
`
`for a powersource for connecting a power sourceto a plurality of the secondary batteries
`
`individually, or a plurality of the secondary batteries on a per predetermined block basis, wherein
`
`the conductive memberfor a power source has a movable part with respect to the first direction.
`
`By doingso, the skilled artisan would be able to achieve a powerstorage device that comprises a
`
`battery laminate that is capable of mechanically buffering any motion between adjacent battery
`
`packs.
`
`19.
`
`Claims6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US
`
`2016/0204399 A1) as applied to claim 1 above, and further in view of Meintscheletal,
`
`hereinafter referred to as Meintschel (WO 2009080141 A1).
`
`20.
`
`Regarding claim 6, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, but does not disclose that it further comprises
`
`a pressure sensorthat detects pressure acting on the secondarybatteries in thefirst
`
`direction, wherein
`
`at least one of first control of adjusting pressure applied by the pressurizing unit, and
`
`second control of outputting information for changing a charging and discharging condition of
`
`the secondary batteries is performed on the basis of detection information of the pressure sensor.
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 9
`
`However, Meintschel discloses a secondary battery (“battery 1” [0025]) comprising an
`
`electrode assembly (“individual cell 3” [0025] and Fig. 3) and an exterior body (“housing 4”
`
`[0025] and Fig. 3). Meintschel teaches a pressure sensor (“at least one pressure sensor 5” [0027])
`
`that detects pressure acting on the secondarybattery inafirst direction (“battery sensors 5 can be
`
`arranged at a suitable location on the housing 4. The pressure sensor 5 is preferably arranged in
`
`the area of the greatest deformation of the housing 4” [0034] to [0035], which a person having
`
`ordinary skill in the art would find obvious to apply a pressure sensor along the direction that the
`
`battery laminate is arranged along), and wherein at least one offirst control of adjusting pressure
`
`applied by the pressurizing unit, and second control of outputting information for changing a
`
`charging and discharging condition of the secondary batteries is performed on the basis of
`
`detection information of the pressure sensor (“If this pressure threshold value is exceeded, the
`
`evaluation unit 6 can trigger a control signal S for a separating device 7, which separates the
`
`battery 1 from the vehicle electrical system.” [0030], which changes a charging and discharging
`
`condition of the secondary battery). Meintschel further teaches that the system that the pressure
`
`sensor provides feedback to ensures that the mechanical load on the battery does not exceed an
`
`excessively high internal cell pressure so that the secondary battery can be disconnected before it
`
`bursts ({0030] last sentence).
`
`Therefore, it would have been obvious for a person having ordinaryskill in the art to
`
`modify the power storage device of Suzuki in view of Meintschel by further including a pressure
`
`sensor that detects pressure acting on the secondary battery in the first direction and wherein at
`
`least a first control of adjusting pressure applied by the pressurizing unit and a second control of
`
`outputting information for changing a charging and discharging condition of the secondary
`
`batteries is performed on the basis of detection information of the pressure sensor. By doingso,
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 10
`
`the skilled artisan would be able to achieve a power storage device in which mechanicalloadsact
`
`upon that is capable of monitoring the pressure of individual secondarybatteries and of
`
`disconnecting the plurality of secondary batteries before an excessively high internal cell
`
`pressure is reached, causing the batteries to burst.
`
`21.
`
`Regarding claim 7, Suzuki disclosesall of the limitations for the power storage device as
`
`set forth in claim 1 above, but does not disclose that it further comprises a displacement sensor
`
`that detects thickness changein the first direction of the secondary batteries, wherein
`
`at least one of first control of adjusting pressure applied by the pressurizing unit, and
`
`second control of outputting information for changing a charging and discharging condition of
`
`the secondary batteries is performed on the basis of detection information of the displacement
`
`sensor.
`
`However, Meintschel discloses a secondary battery (“battery 1” [0025]) comprising an
`
`electrode assembly (“individual cell 3” [0025] and Fig. 3) and an exterior body (“housing 4”
`
`[0025] and Fig. 3). Meintschel teaches a displacementsensor (“force sensor” via a pressure
`
`sensor [0028]) that detects thickness changein thefirst direction of the secondary batteries
`
`(“displacement measurement” [0028] and “measure of the elastic deformation of the housing
`
`area” [0029]), wherein at least one of first control of adjusting pressure applied by the
`
`pressurizing unit, and second control of outputting information for changing a charging and
`
`discharging condition of the secondary batteries is performed onthe basis of detection
`
`information of the displacement sensor(“the elastic deformation of the housing area 4.1 due to
`
`the mechanicalstress, is then fed to an evaluation unit 6 which is connected to the pressure
`
`sensor 5. By meansof the evaluation unit 6... an underlying cell internal pressure of the battery 1
`
`is determined on the basis of the determined elastic deformation” [0029]. “Cell internal pressure
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 11
`
`is monitored for exceeding a prescribable pressure threshold value, which represents a high
`
`mechanical stress on the housing 4. If this pressure threshold value is exceeded, the evaluation
`
`unit 6 can trigger a control signal S for a separating device 7, which separates the battery 1 from
`
`the vehicle electrical system” [0030], which effectively changes a charging and discharging
`
`condition of the secondary batteries).
`
`Therefore, it would have been obvious for a person having ordinaryskill in the art to
`
`modify the power storage device of Suzuki in view of Meintschel by including a displacement
`
`sensorthat detects thickness changein the first direction of the secondary batteries, wherein at
`
`least one of first control of adjusting pressure applied by the pressurizing unit, and second
`
`control of outputting information for changing a charging and discharging condition of the
`
`secondary batteries is performed on the basis of detection information of the displacement
`
`sensor. By doingso, the skilled artisan would be able to achieve a power storage device able to
`
`undergo mechanicalstress and monitor secondarybattery cell internal pressures so that a
`
`prescribable pressure threshold value is not exceeded due to high mechanical stress, and
`
`separates the batteries from its power source such as a vehicle electrical system.
`
`Conclusion
`
`22.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHARLENE BERMUDEZwhosetelephone numberis
`
`(571)272-0610. The examiner can normally be reached on M-F generally 8 AM to 5 PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`

`

`Application/Control Number: 16/718,910
`Art Unit: 1728
`
`Page 12
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Allison Bourke can be reached on (303) 297-4684. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`
`1000.
`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1728
`
`/Magali P Slawski/
`Primary Examiner, Art Unit 1721
`
`