www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/439,468
`
`09/15/2021
`
`MANABU TADA
`
`P220248US00
`
`2398
`
`WHDA,LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`KRONE, TAYLOR HARRISON
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/26/2024
`
`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*
`1-18 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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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) 1-18 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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://www.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)(¥j The drawing(s)filed on 15 September 2021 is/are: a)(¥| accepted or b)L) 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)Y) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240312
`
`Application No.
`Applicant(s)
`17/439,468
`TADAetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`TAYLOR H KRONE
`1728
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 15 September 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) 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)(2) 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: 17/439,468
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Notice ofPre-AIA or AIA Status
`
`The presentapplication, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`In the eventthe determination ofthe status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (oras subject to pre-AJA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis (1.e., changing from AJAto pre-AIJA)for the rejection will not be considered a
`
`new groundof rejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereitherstatus.
`
`Claim Rejections - 35 USC § 112
`
`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 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.
`
`Claims 10, 11, 13, and 14 are 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 anddistinctly
`
`claim the subject matter which the inventoror a joint inventor(or for applications subject to pre-
`
`AJA 35 U.S.C. 112, the applicant), regards as the invention.
`
`e Claim 10 recites “the metal plate of the one case”in line 3. There is insufficient
`
`antecedentbasisfor this limitation, as the one case appearsto be referringto thefirst
`
`case.
`
`o Claim 11 is rejected for being dependent upon a rejected base claim.
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 3
`
`Claim 13 recites “the plurality of cylindrical batteries are linearly is a linear battery unit”
`
`in line 3. The abovelimitation is indefinite, because itis unclear. The limitation will be
`
`interpreted in view of paragraph [0055] of the presently filed specification stating that
`
`“cylindrical batteries are linearly arranged to formalinearbattery unit.”
`
`o Claim 14 is rejected for being dependent upon a rejected base claim.
`
`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 underthis section madein this Office action:
`
`A personshall beentitled 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.
`
`(a)(2) the claimed invention wasdescribed 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.
`
`Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US
`
`20160204404 (Shimizu ‘404).
`
`Regarding claim 1, Shimizu ‘404 teaches a battery pack (battery module 20; [0027])
`
`comprising:
`
`a plurality of batteries (a plurality of battery cells 2; [0027]) each including a
`
`discharge valve (each ofthe battery cells 2 has a safety valve; [0031]) that opens when an
`
`internal pressure becomeshigher than a set pressure (the safety valve has a function of
`
`releasing gas outside the cell from an inside of the battery as exhaust gas when a pressure of the
`
`gas generated by electrochemical reactions occurring in battery cell 2 exceeds a predetermined
`
`threshold pressure; [003 1]); and
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 4
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`a case configured to house the batteries (module case 30 for housingthe plurality of
`
`battery cells 2; [0027]), wherein the case includes an integrated structure (module case 30 is
`
`an integrated structure including battery cell case 32, upper holder 34, lower holder 36, cover
`
`member38, and duct member40; [0028]) formedof a resin case madeofplastic (battery cell
`
`case 32 by formingresin into a predetermined shape; [0033]; cover member38, upper holder 34,
`
`and lower holder 36 are also formedof resin; [0042]) and a metalplate (duct member40is
`
`formed by a metal plate; [0050)),
`
`the resin case includes a heat radiation opening that is closed by the metalplate
`
`(module 30 made up of an integrated resin structure is considered to have a radiation opening in
`
`the H direction of Fig. 1, wherein duct member40 having through-hole dispersed part 54 formed
`
`in plate part 48 closes/covers the opening of module case 30; [0047]) and
`
`the metalplate includes a plurality of smoke dischargeholes (through-hole dispersed
`
`part 54 of duct member40 includescircular fine holes 56 for exhausting gas/smokeejected from
`
`at least one battery cell 2 of the plurality of battery cells 2 to the outside of battery module 20;
`
`[0047] - [0050]) ina closed region wherethe heat radiation opening of the resin case is
`
`closed (duct member 40 having fine holes 56 formedin the through-hole dispersed part 54 of
`
`plate part 48 forms the closed region by covering/closing the radiation opening of module case
`
`30; [0047] - [0050]; Fig. 1 and Fig. 3).
`
`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 patent fora 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 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 manner in which the invention was made.
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 5
`
`The factual inquiries for establishing a backgroundfor determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contentsof the priorart.
`
`2. Ascertaining the differences betweentheprior 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
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`nonobviousness.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`ownedas of the 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 owned asof the effective filing date
`
`of the later invention in orderfor the examinerto considerthe applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) priorart against the later invention.
`
`Claims 2 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20160204404 (Shimizu ‘404) in view of US 20150270590 (Okutani ‘590).
`
`Regarding claim 2, Shimizu ‘404 teaches the battery pack according to claim 1, but does
`
`notexplicitly disclose that the metal plate is broughtinto close contact with the resin case by
`
`outsert moldingin the integrated structure.
`
`Okutani ‘590 discloses a battery module including a plurality of batteries housed in a
`
`plurality of cases, wherein each casehasa plurality of vents ([0015] — [0016]). The cases can be
`
`madeout of a metal having thermal conductivity or an engineering plastic (resin) having
`
`insulation property ([0017]). Further, the metal material of the case may be integrated with the
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 6
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`resin material by outsert molding ([0017]). Therefore, prior to the effective filing date of the
`
`claimed invention, in seeking to provide battery pack with a thermally conductive material and
`
`an insulating material, it would have been obvious to a person of ordinary skill in theart, to
`
`modify structure of the battery pack, as taught by Shimizu ‘404, to be formed by outsert
`
`molding, to bring the metal plate into close contact with the resin case in the integrated structure,
`
`as suggested by Okutani “590.
`
`Regarding claim 18, Shimizu ‘404 teaches the battery pack according to claim 1, and
`
`further teaches an electrolyte solution ([0065]), although not specifically teaching a non-aqueous
`
`electrolyte secondarybattery.
`
`Okutani ‘590 disclosesabattery module including a plurality of batteries housed in a
`
`plurality of cases, wherein each casehasa plurality of vents ([0015] — [0016]). The cases can be
`
`madeout of a metal having thermal conductivity or an engineering plastic (resin) having
`
`insulation property ([0017]). The batteries 2 can be non-aqueouselectrolyte secondarybatteries
`
`({0020]). Therefore, prior to the effective filing date, it would have been obvious to a person of
`
`ordinary skill in the art to utilize non-aqueous electrolyte secondary batteries, as suggested by
`
`Okutani *590, in the battery pack, as taught by Shimizu *404.
`
`The simple substitution of one known elementfor anotheris likely to be obvious when
`
`predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82
`
`USPQ2d 1385, 1395 — 97 (2007) (see MPEP § 2143, B.).
`
`Claims 3, 8, 9, 10, 11, 12, and 13 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over US 20160204404 (Shimizu ‘404) in view of US 20170187016 (Nagasato
`
`°016).
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 7
`
`Regarding claim 3, Shimizu ‘404 teaches the battery pack according to claim 1, wherein
`
`the case includes a first case (upper holder 34; [0046]) and a second case (lower holder 36;
`
`[0046]), wherein the resin case is formed on an outer peripheral portion of the metalplate
`
`(upper holder 34 of module case 30, made outof resin; [0033] & [0042]; is fixed to an upperside
`
`of an opening peripheral edge partof first frame part 52 of metal duct member 40; [0046] & Fig.
`
`1), and the resin case ofthe first case and the resin case of the second case are connectedto
`
`eachother (upper holder 34 and lower holder 36 are connected to each othervia battery cell
`
`case 32 of module case 30; [0028] & Fig. 1), but does not explicitly disclose that in each of the
`
`first case and the second case, the resin case is made of a thermoplastic resin.
`
`Nagasato ‘016 discloses a battery module includingaplurality of batteries and a module
`
`housing (abstract). The module housing 3 is configured to includea first case 10, a second case
`
`20 and acover 30 ([0026]). The materials selected for each of the first case 10 and the second
`
`case 20 are synthetic resins having an insulating property, for example, thermoplastic resins
`
`formed by an injection molding methodorthe like ((0029]).
`
`Theselection of a known material, which is based upon its suitability for the intended
`
`use, is within the ambit of one of ordinaryskill in the art. See In re Leshin, 125 USPQ 416
`
`(CCPA 1960) (see MPEP § 2144.07).
`
`Therefore, prior to the effective filing date of the claimed invention, it would have been
`
`obvious to a person of ordinary skill in the art to select the material of the first and second case to
`
`be a thermoplastic resin having an insulating property, as suggested by Nagasato ‘016, in the
`
`battery pack, as taught by Shimizu ‘404.
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 8
`
`FIG. 1
`
`i/
`
`hffgaue
`gfostmsessreeryPpesnipiaisiceng:
`
`éf
`
`Bsuo
`
`aaapasap
`
`Regarding claim 8, modified Shimizu ‘404 teaches the battery pack according to claim
`
`3, wherein the first case includes the closed region that closes the heat radiation opening of
`
`the resin case (duct member40 having fine holes 56 formed in the through-hole dispersed part
`
`54 of plate part 48 formsthe closed region by covering/closing the radiation opening of module
`
`case 30; [0047] - [0050]; Fig. 1 and Fig. 3 of Shimizu ‘404); and the secondcaseis stacked on
`
`an inner surface of a bottom plate portion of the resin case in a state where the metalplate
`
`is exposed (lowerholder 36 is stacked on an innersurface portion of a bottom plate portion of
`
`battery case 32 of module case 30, wherein the duct member 40 is exposed; [0028] & Fig. 3 of
`
`Shimizu ‘404).
`
`Regarding claim 9, modified Shimizu ‘404 teaches the battery pack according to claim
`
`8, wherein the secondcasefixing a plurality of metal plates divided in an insulating state
`
`from eachother to an inner surfaceof the resin case, and the metal plates divided in an
`
`insulating state are disposed at positions that face the batteries including a potential
`
`difference (a positive lead plate 6 and negative lead plate 8, thin metal plates, providing electric
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 9
`
`insulation betweenbattery cell case 32 facing the battery cells 2; [0037] & Fig. 3 of Shimizu
`
`‘404),
`
`Regarding claim 10, modified Shimizu ‘404 teaches the battery pack according to claim
`
`3, wherein in the metal plate of the one case, Shimizu ‘404 discloses that 50% or moreofall
`
`of the closed regionis set as a gas discharge region, and a plurality of smoke discharge
`
`holes are formedin the gas discharge region (see Fig. 1 of Shimizu ‘404 where the through-
`
`hole dispersed part 54 comprises a plurality of fine holes 56, the through -hole dispersed part 54
`
`being greater than 50% of the area closed by the duct member40, wheregasis dischargedto the
`
`outside from the gas diffusion chamber 46 via fine holes 56; [0050]), an opening areaofthe
`
`smoke dischargehole is 5 mm2 orless (the diameter of each of fine holes 56 is preferably 2mm
`
`or smaller; [0052]), and a total opening area obtained by adding openingareasofall of the
`
`smoke dischargeholesis set to 20% or moreofall of the gas dischargeregion(a total area of
`
`respective opening areasofthe plurality of fine holes 56 facing the outer spaceis preferably 160
`
`mm2orlarger; [0052]).
`
`Although Shimizu ‘404 does not explicitly disclose the limitations of claim 10, as recited
`
`above, Shimizu ‘404 discloses that by restricting the total area of the respective opening areas, it
`
`is possibly to suppress increase in the pressure in the gas diffusion chamber ({0052]).
`
`Additionally, by restricting the diameter of each ofthe fine holes, and as a result,restricting the
`
`area of each of the fine holes, itis possible to obtain an effect on suppression of a temperature of
`
`the gas ejected from battery cells 2 and dischargedvia fine holes 56 ({0052]). Thus, the area of
`
`the smoke discharge holes of a gas discharge region is considered a results effective variable,
`
`that can be optimizedto achieve a desired suppression of increase in pressure and temperature in
`
`the gas diffusion chamber.
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 10
`
`“TWhere the general conditions of a claim are disclosed in the priorart, itis not
`
`inventive to discover the optimum or workable ranges by routine experimentation.” See Jn re
`
`Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value
`
`of aknownresult effective variable, without producing any new or unexpectedresults, is within
`
`the ambit of a person of ordinary skill in the art. See Jn re Boesch, 205 USPQ 215 (CCPA 1980)
`
`(see MPEP § 2144.05, II.).
`
`Therefore, prior to the effective filing date of the claimed invention, modified Shimizu
`
`‘404 renders obvious the limitations of claim 10, as discussed above.
`
`Regarding claim 11, modified Shimizu ‘404 teaches the battery pack according to claim
`
`10, wherein a total opening area of the plurality of smoke discharge holes is 5% or more of
`
`an area of the closed region(a total area of respective opening areasof the plurality of fine
`
`holes 56 facing the outer space is preferably 160 mm2 orlarger; [0052] of Shimizu ‘404).
`
`Although Shimizu ‘404 does not explicitly disclose the limitations of claim 11, as recited
`
`above, Shimizu ‘404 discloses that by restricting the total area of the respective openingareas, it
`
`is possibly to suppress increase in the pressure in the gas diffusion chamber ({0052]).
`
`Additionally, by restricting the diameter of each ofthe fine holes, and as a result,restricting the
`
`area of each of the fine holes, it is possible to obtain an effect on suppression of a temperature of
`
`the gas ejected from battery cells 2 and dischargedvia fine holes 56 ({0052]). Thus, the area of
`
`the smoke discharge holes of a gas discharge region is consideredaresults effective variable,
`
`that can be optimized to achieve a desired suppression of increase in pressure and temperature in
`
`the gas diffusion chamber.
`
`“TWhere the general conditions of a claim are disclosed in the priorart, itis not
`
`inventive to discover the optimum or workable ranges by routine experimentation.” See Jn re
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 11
`
`Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value
`
`of aknownresult effective variable, without producing any new or unexpectedresults, is within
`
`the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980)
`
`(see MPEP § 2144.05, II.).
`
`Therefore, prior to the effective filing date of the claimed invention, modified Shimizu
`
`‘404 renders obvious the limitations of claim 11, as discussed above.
`
`Regarding claim 12, modified Shimizu ‘404 teaches the battery pack according to claim
`
`3, wherein thefirst case, inside the closed region of the metalplate, includes a plurality of
`
`batteries arranged in a plurality of rows (five rows of batteries are arranged in the width
`
`direction W insidebattery cell case 32 of battery module 20; [0028] - [0029]; Fig. 3 of Shimizu
`
`‘404), and a smokedischarge gap between the batteries and a metal plate (gas diffusion
`
`chamber 46 between duct member40 andbattery cells 2, wherein S1 and S2 define the space
`
`that corresponds to the smoke discharge gap; [0056]; Fig. 4 of Shimizu *404).
`
`Regarding claim 13, modified Shimizu ‘404 teaches the battery pack according to claim
`
`12, wherein the batteries are a plurality of cylindrical batteries (each of battery cells 2 hasa
`
`circular cylindrical outer shape; [0030] of Shimizu ‘404), the plurality of cylindrical batteries
`
`are linearly arrangedto forma linear battery unit (the battery cells 2 are linearly arranged in
`
`a straight line in the W direction; Fig. 3 of Shimizu ‘404), and the linear battery unitis
`
`disposed to face the closed region of the metalplate (battery cell case 32 comprising battery
`
`cells 2 is disposed to face the upper closed region of the duct member40; Fig. 3 of Shimizu
`
`‘404).
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 12
`
`Claims 4, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20160204404 (Shimizu ‘404) in view of US 20170187016 (Nagasato ‘016), and further in
`
`view of US 20200365848 (Dinkelman ‘848).
`
`Regarding claims 4 and 5, modified Shimizu ‘404 teachesthe battery pack according to
`
`claim 3, wherein the resin case includes a resin peripheralwall disposed along an outer
`
`peripheral edge of the metal plate (see Fig.
`
`1 of Shimizu ‘404 whereresin upper holder 34 of
`
`module case 30 has a peripheral wall disposed along an outer peripheral wall part 50 of the metal
`
`duct member40; [0045]), wherein an inside of the resin cases define a closed structure (the
`
`inside of the resin module case 30 defines a closed structure; Fig. of Shimizu ‘404), but does not
`
`explicitly disclose that the walls are thermally bonded to each other, wherein the resin case is
`
`configured suchthat a heat generating wire that melts and thermally bonds thermoplastic resins
`
`is embedded in a connected portion of the resin peripheral wall, and the resin peripheral wall of
`
`the first case and the resin peripheral wall of the second case are thermally welded to each other
`
`by heat generated by the heat generating wire.
`
`Claims 4 and 5 are considered product-by-process claims. Thecited prior art teaches
`
`all of the positively recited structure of the claimed apparatus or product. The determination of
`
`patentability is based upon the apparatus structure itself. The patentability of a product or
`
`apparatus does not depend onits method of production or formation. If the productin the
`
`product-by-process claim is the sameas or obvious from a productofthe priorart, the claim is
`
`unpatentable even though the prior product was madeby a different process. See In re Thorpe,
`
`777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
`
`Moreover, Dinkelman‘848 discloses a method for bonding thermoplastic components of
`
`a lithium ion battery module whichincludes positioning an energy absorbing insert adjacent to a
`
`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 13
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`first thermoplastic layerof the lithium ion battery module to a second thermoplastic layer of the
`
`lithium ion battery module (abstract). Energy is applied to the energy absorbinginsert to melt the
`
`energy absorbinginsert and thereby fusethe first thermoplastic layer to the second thermoplastic
`
`layer (abstract). Additionally, in certain embodiments, the battery housing 54 andthe base 50
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`maybe integrally formed (e.g., molded, welded, fabricated) into a single piece into which battery
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`cells 40 are placed ({0041]). Therefore, prior to the effective filing date of the claimed invention,
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`it would have been obviousto a person of ordinary skill in the art, to form the structure of the
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`battery pack, as taught by modified Shimizu ‘404, by utilizing a thermoplastic bonding
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`technique, suchthat, the thermoplastic materials fused together, as suggested by Dinkelman
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`848.
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`Regarding claim 6, modified Shimizu ‘404 teaches the battery pack according to claim
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`4, wherein the metal plate is a press plate made of metal where a metal peripheralwallis
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`disposed on an outer periphery of a surface plate portion (the duct member40,
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`correspondingto the metal plate, has a peripheral wall part 50 on the outer portion of the plate
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`part 48, and the duct member 40 formed by a metal plate mainly made of aluminum;[0045] &
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`[0050] & Fig. 1 of Shimizu ‘404), and the metal peripheral wall is embedded(see Fig. | of
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`Shimizu ‘404, where the duct member40is integrally formed, i.e., embedded in, with the upper
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`holder 34 of module case 30, when fully assembled) in the resin peripheral wall (see Fig. 1 of
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`Shimizu ‘404 where resin upper holder 34 of module case 30 has a peripheral wall disposed
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`along an outer peripheral wall part 50 of the metal duct member40; [0045]).
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`Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160204404
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`(Shimizu ‘404) in view of US 20170187016 (Nagasato ‘016) and US 20200365848
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`(Dinkelman ‘848), and further in view of US 20120301765 (Loo ‘765).
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`

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`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 14
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`Regarding claim 7, modified Shimizu ‘404 teaches the battery pack according to claim
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`6, but does not explicitly disclose that the metal peripheral wall of the first case and the metal
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`peripheral wall of the second case are stacked to each otherat the connecting portion of the
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`resin peripheral walls.
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`Loo ‘765 discloses a battery case 10 with a frame 24 and a cover 22 ([0041] & [0043)).
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`The outer periphery of resin tray is covered with the frame 24, wherein the frame 24 is obtained,
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`for example, by pressing and forming a metal plate into shape ([0044]). As shown in Fig.3, the
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`peripheral edge portion 48 of the frame 24 and the peripheral edge portion 52 of the cover 22 are
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`superimposed and broughtinto contact with each other ((0048]). Advantageously,
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`waterproofness of the battery case 10 is secured ([0049]). Therefore, prior to the effective filing
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`date of the claimed invention, it would have been obvious to a person of ordinary skill in the art,
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`to modify the battery pack, as taught by modified Shimizu ‘404, such that, the second case also
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`includes a metal plate portion, wherein the metal peripheral wall of the first case and the metal
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`peripheral wall of the second case are stacked to each otherat the connecting portion of the resin
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`peripheral walls, as suggested by Loo ‘765, to secure the waterproofness of the battery pack.
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`Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US
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`20160204404 (Shimizu ‘404) in view of US 20170187016 (Nagasato ‘016), and further in
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`view of US 20190372182 (Takayasu ‘182).
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`Regarding claim 14, modified Shimizu ‘404 teaches the battery pack according to claim
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`13, wherein the batteries forming the battery unit are connectedin series (a plurality of
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`battery cells may be formed by connecting a plurality of groups of battery cells in series; [0050]
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`of Shimizu *404), but does not disclose that the metal plate of the second caseis divided into
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`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 15
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`divided metal plates, and a boundary portion of the divided metalplates is disposed at a position
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`facing a connecting portion of batteries that are linearly connected.
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`Takayasu ‘182 discloses a battery pack having thermal diffusivity and anti-vibration
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`property, wherein a plurality of batteries and a battery holder having a plurality of battery
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`housing portions (abstract). Metal plates 301a and 301b are connectedto the terminals of
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`batteries 200 ([0031]). As shownin Fig. 3, the metal plates can be divided in a plurality of metal
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`plates that are disposedasto face the plurality of batteries. Advantageously, the battery holder
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`100 is capable of reliably insulating the batteries 200 ((0044]). Therefore, prior to the effective
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`filing date of the claimed invention,it would have been obvious to a person of ordinary skill in
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`the art, to modify the metal plate of the second caseto be dividedinto divided metalplates,
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`wherein a boundary portion of the divided metal plates is disposed at a position facing a
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`connecting portion ofbatteries that are linearly connected, as suggested by Takayasu ‘182, to
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`reliably insulate the batteries of the battery pack.
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`Claims 15, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over
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`US 20160204404 (Shimizu ‘404) in view of US 20070236177 (Phillips ‘177).
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`Regarding claims 15, 16, and 17, Shimizu ‘404 teaches the battery pack according to
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`claim 1, but does not disclose a label of an insulating sheet including flexibility is attached to a
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`surface of the closed region, wherein the label includes: an attachment region that is attached to a
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`surface of the closed region; anda non-attachmentregionthatis not attached to the surface of the
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`closed region, and the non-attachment region is disposed in communication with each of the
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`smokedischarge holes, where the non-attachmentregion of the label communicates adjacent
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`smokedischarge holes among the smoke discharge holes.
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`

`

`Application/Control Number: 17/439,468
`Art Unit: 1728
`
`Page 16
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`Phillips ‘177 discloses a battery pack having at least one vent hole for relieving pressure
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`inside the housing(abstract). A plurality of ventilation holes 81 are formed in the housing 20 to
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`enable pressureto be relieved within the battery pack 4 that are covered with a label 82 ((0031)]).
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`The label 82 may be adhered to housing 20 with an adhesive to cover the vent holes 81,
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`preventing moisture from entering the battery pack via vent holes 81 ([003 1]). The adhesive on
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`the label 82 is strong enough to provide a water-tight seal, yet can release from the housing 20
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`whena given orpre-set pressure setpoint within housing 20 is exceed in the battery pack 4
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`({0031]). In other words, as the temperature of gases in the plurality of cells 9 increase with
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`charge and discharge, resulting in a pressure buildup that creates a sufficient force to blow out
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`label 82, above a pressure setpoint ([0031]). Therefore priorto the effective filing date of the
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`claimed invention, it would have been obvious to a person of ordinary skill in the art, to modify
`
`the battery pack, as taught by Shimizu ‘404 to include a label of an insulating she