Ex Parte YOSHIOKA et al

Patent Trial and Appeal Board

Jun 25, 2018

13740015 (P.T.A.B. Jun. 25, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/740,015 0111112013 Toshiki YOSHIOKA
21254 7590 06/26/2018
MCGINN INTELLECTUAL PROPERTY LAW GROUP, PLLC
8321 OLD COURTHOUSE ROAD
SUITE 200
VIENNA, VA 22182-3817
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
FP12634US 7027
EXAMINER
STAGG, MIRIAM
ART UNIT PAPER NUMBER
1724
MAILDATE DELIVERY MODE
06/26/2018 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TOSHIKI YOSHIOKA 1
and Toshiki Kusunoki
Appeal2017-009570
Application 13/740,015
Technology Center 1700
Before MARK NAGUMO, JEFFREY B. ROBERTSON, and
JENNIFER R. GUPTA, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
DECISION ON APPEAL
GS Yuasa International Ltd. ("Yoshioka") timely appeals
under 35 U.S.C. § 134(a) from the Final Rejection2 of all pending claims 1-
22. We have jurisdiction. 35 U.S.C. § 6. We reverse.
1 The applicant under 3 7 C.F .R. § 1.46, and hence the appellant under
35 U.S.C. § 134(a), is the real party in interest, identified as GS Yuasa
International Ltd. [by assignment] (Appeal Brief, filed 11 August 2016
("Br."), 1.)
2 Office Action mailed 9 February 2016 ("Final Rejection"; cited as "FR");
further explained in an Advisory Action mailed 19 May 2016 ("Adv.").
Appeal2017-009570
Application 13/740,015
A. Introduction 3
OPINION
The subject matter on appeal relates to a power source unit comprised
of stacked secondary (i.e., rechargeable) cells forming a battery module with
a charging- and discharging-control circuit together in a protective casing.
The 'O 15 Specification explains that the batteries are stacked to provide
higher voltage modules. (Spec. 1, 11. 26-28.) The Specification teaches
further that, especially for lithium ion batteries, decomposition and
vaporization of the electrolyte during repeated cycles of charging and
discharging deforms the casing, even when binding plates are located tightly
around the stack. (Id. at 11. 29-35.) According to the Specification, prior art
batteries do not protect adequately electronic devices such as the charging-
and discharging-control circuitry. (Id. at 2, 11. 16-18.) Yoshioka seeks
patent protection for a power source unit that is said to provide the required
protection.
As illustrated in Figure 3, reproduced on the following page, a battery
module 44 comprising cells 50 in a stack 5, with positive terminal 511a and
negative terminal 511b, is fitted via a plate 411R that bears control circuit 6.
(Plate 411R can be seen more clearly in Figure 19 (not reproduced here),
3 Application 13/740,015, Power source unit, filed 11 January 2013,
claiming the benefit of two applications filed in Japan on 16 January 2012,
and on 17 December 2012. We refer to the "'015 Specification," which we
cite as "Spec."
4 Throughout this Opinion, for clarity, labels to elements are presented in
bold font, regardless of their presentation in the original document.
2
Appeal2017-009570
Application 13/740,015
which is a partially exploded version of Figure 3.) Details of control
circuit 6 are illustrated in Figure 21, reproduced on the following page.
{Figure 3 (left)}
{Fig. 3: power source main body 4
with cells 50, terminals 511, and
control circuit 6, right, which is held
by plate 411R (largely hidden) to
main body 4.}
{Figure 21 (right)}
{Fig. 21: exploded view of control
circuit 6 with walls 622a-d having
height Hl, and circuit board 630
and circuit elements 631 having
height bl, where Hl > bl.}
As shown in Figure 21, control circuit 6 comprises circuit board 630,
which bears circuit elements 631. Circuit board 630 is attached to major
surface 621 of base 630. Insulating walls 622a-d having height Hl extend
from surface 621, on which circuit board 630 and circuit elements 631, are
disposed, and which together have a height bl, where Hl >bl. (Spec. 35,
11. 5-16.) Control circuit 6 is attached to the side of main body 4 and makes
electrical contact with the battery by fitting through hole 610a of conductive
joint member 610 to negative terminal 5llb of stack 5. (Id. at 29, 11. 22-25.)
When power source main body 4 with attached control circuit 6 is
inserted into container body 2, as shown in Figure 24, reproduced on the
following page, walls 622a-d contact ribs 220b, which project from the
inner walls of container 2. Thus, in the words of the Specification,
3
Appeal2017-009570
Application 13/740,015
"walls 622a to 622d serve as buffer members that prevent the circuit
element 631 from directly contacting the inner wall [ribs] of the container
body 2." (Id. at 35, 11. 33-35.)
{Figure 24 is shown below}
2303
( .......................... -~
_..-.-.- 632 j 22Gb
· ' ' // I 622~1 •
,/ ,~~" I i . --<'-'1'.-V --~r· z,, , , z '"' ~~'"«,,,~:! .~c-::.__.,· " I ·------(.'----·-----.. ,/ '-.._ '.;.~"'-.·: .--..-'>.~ // X I v I
,..... ' ... ~;."-'-•.-. ~ .,-.::-''.:;;..-;:. ,._../ ~ l /\ ~ l
22Qb ..._, '" ~ ·-·~·-- "-~--------·--_/
{Figure 24 shows main power source 4 and control circuit 6 in container 2}
In this way, the control circuit 6 is protected against intrusion by
foreign matter as well as damage from internal as well as external forces.
(Id. at 3.)
Claim 1 is representative and reads:
A power source unit [1 ], comprising:
a battery main body [ 4]
including at least one battery cell [50],
the battery main body [ 4] comprising
a battery main body side surface;
a holding plate [411R] disposed on the battery main
body side surface;
an electric device [ 6]
4
Appeal2017-009570
Application 13/740,015
abutting a surface of the holding plate [411R] that
opposes another surface of the holding plate that
abuts the battery main body side surface;
a container [2] including
a bottom face and
a side face extending from the bottom face,
the container [2] enclosing
the battery main body [ 4] and
the electric device [ 6] such that
at least parts [ 631] of the electric device are
located in a space defined between the battery
main body [ 4] and an inner wall of the side
face [2]; and
a wall [ 622a-d] extending in a direction that
intersects with an extending direction of the
inner wall [2],
the wall extending/ram a surface [621] on which
the parts [630, 631] are disposed,
the wall [622] being located along a lateral side of
the parts [630, 631 ], and
the wall being taller [Hl] than a height [bl] of the
parts,
wherein the battery main body side surface,
on which the holding plate [411R] is placed, is
different from another surface of the battery main body
on which a terminal [Sllb] of the battery cell [50] is
exposed.
(Claims App., Br. 9; some indentation, paragraphing, emphasis, and
bracketed labels to elements shown in Figures 3, 21, and 24 added.)
Remaining independent claim 15 is directed to similar subject matter,
"somewhat similarly recited." (Br. 6, 11. 6-7.)
5
Appeal2017-009570
Application 13/740,015
The Examiner maintains the following grounds of rejection5' 6 :
A. Claims 1---6, 8-11, and 13-22 stand rejected under
35 U.S.C. § 102(b) in view ofHanauer. 7
Al. Claim 7 stands rejected under 35 U.S.C. § 103(a) in view of
the combined teachings of Hanauer and Kosugi. 8
A2. Claim 12 stands rejected under 35 U.S.C. § 103(a) in view of
the teachings of Hanauer.
B. Discussion
The Board's findings of fact throughout this Opinion are supported by
a preponderance of the evidence of record.
Anticipation requires that every element required by the claim, and
every relation between elements required by the claim, be found in the
applied prior art reference. Cf Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d
1359, 1370 (Fed. Cir. 2008) (clarifying that an anticipation "test is thus more
accurately understood to mean 'arranged or combined in the same way as in
the claim."').
The Examiner finds that Hanauer describes, with respect to Figures 1
and 2, a battery pack 10 with electronic control module ("ECM") 24 that
abuts guide plate 94, which the Examiner identifies as a holding plate
5 Examiner's Answer mailed 10 April 2017 ("Ans.").
6 Because this application was filed before the 16 March 2013, effective
date of the America Invents Act, we refer to the pre-AIA version of the
statute.
7 Brad T. Hanauer et al., Electrical energy storage pack, U.S. Patent
Application Publication 2002/0182480 Al (2002).
8 Shinichiro Kosugi et al., Secondary battery pack, U.S. Patent Application
Publication 2010/0124693 Al (2010).
6
Appeal2017-009570
Application 13/740,015
disposed on the battery main body side surface. (FR 3, 11. 1-9). Battery
pack 10 fits into enclosure 12 that includes a case 25, as shown in annotated
Figure 1, reproduced below.
/\ ...... / ~~f~
. 45 FICJ. l
{Hanauer Figure 1, annotations added, shows an exploded view of a battery
pack 10 in a structural container 12}
The Examiner finds that various walls and features of container 25
correspond to the walls recited in claim 1 (id. at 3, 1. 10-4, 1. 4.) In the
Advisory Action, the Examiner elaborates that guide ribs 48, with vertical
slots 50 for locating ECM 24 [via guide blade 94] comprise the recited
walls, which are "taller than a height of the parts." (Adv., para. bridging 3-
4, citing annotated versions of Figures 1 and 2.)
7
Appeal2017-009570
Application 13/740,015
(An immediate difficulty with this argument is that the relative
dimensions of ribs 48 and ECM 24 cannot be determined from Figures 1
and 2 with any degree of certainty because they are perspective drawings
and are not indicated as being drawn to scale.)
Yoshioka urges the Examiner erred harmfully because the height of
ribs 48 is less than the height of ECM 24. (Br. 6, 11. 13-15, citing Hanauer,
Figure 4 (reproduced infra).) Yoshioka concludes that Hanauer does not
describe an electric device having walls that are taller than the height of the
parts. (Id. at 11. 15-16.)
{Hanauer Figure 4 is shown below}
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