DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s response 11/30/2023 has been entered. Claims 13-17, 19, and 21-31 are now pending in this application.
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 made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 13, 19, 21-22, 26-30 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (KR-20130042954-A) (refer to enclosed translations for citations).
Regarding claims 13 and 30,
Yang teaches a pouch cell (Fig. 2, 20; [0039]) comprising:
at least one connection electrode (Fig. 2, electrode conductors 22/25 for electrical connection; [0035-0036])
the pouch cell 20 being electrically contactable (Fig. 2, wherein 25 is electrically contactable; [0035]) via the at least one connection electrode 22/25;
a current interrupter (Fig. 2, 31; [0035]) configured, by virtue of a thermally induced change ([0045-0046], “melting”) in a geometric dimensioning ([0045-0046], wherein the melting of 31 results in a change of geometric dimensioning) of the current interrupter 31,
at least temporarily [0052] to interrupt drawing of current ([0052]; [0057]) via the at least one connection electrode 22/25,
the at least one connection electrode 22/25 including an inner portion 22 and an outer portion 25,
the inner portion 22 being surrounded (Fig. 2, 22 surrounded by 26) by an outer enclosure (Fig. 2, 26; [0068]) of the pouch cell 20 and the outer portion 25, at least in sections (Fig. 2, wherein 26 and 25 surround 22, as least in sections).
Regarding claim 19,
Yang teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above) wherein the inner portion 22 is completely surrounded by the outer enclosure (Fig. 2, 26, wherein 22 is surrounded by 26 on all sides).
Regarding claim 21,
Yang teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above) wherein the current interrupter (Fig. 2, 31) is part of an electrical circuit (Fig. 2, wherein batteries 20 form part of an electrical circuit; see [0040-0045]) into which the pouch cell 20 itself is electrically integrated (Fig. 2, wherein 31 is electrically integrated and integral to the circuit formed between terminals 24 and 25; [0040]; [0072])
Regarding claim 22,
Yang teaches the pouch cell as recited in claim 21 (see rejection of claim 21 above), wherein the current interrupter 31 is in series connection (Fig. 2, wherein ends 33 and 32 of 31 are respectively connected to ends of 25 and 32; [0040]; see https://fiveable.me/key-terms/electrical-circuits-systems-i/series-connection, wherein a series connection is defined as wherein components are electrically connected end-to-end).
Regarding claim 26,
Yang teaches a rechargeable battery pack ([0081], “battery pack”), comprising the pouch cell 20 as recited in claim 13 (see rejection of claim 13 above).
Regarding claim 27,
Yang teaches an electrical [0005] hand-held ([0005], “portable electronic devices”) power tool ([0005], “power tool”) comprising the rechargeable battery pack([0081], “battery pack”) as recited in claim 26 (see rejection of claim 26 above).
Regarding claim 28,
Yang teaches the pouch cell 20 as recited in claim 13 (see rejection of claim 13 above) further comprising an active layer (Fig. 2, 28; [0070]) electrically connected to the connection electrode ([0022]; [0036]).
Regarding claim 29,
Yang teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above) wherein the active layer 28 is completely surrounded (Fig. 2, 28 completely surrounded by 26) by an outer enclosure 26.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to 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 as of the effective filing date of the later invention in order for the examiner to 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.
Claims 14-17 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (KR-20130042954-A) (refer to enclosed translations for citations) in view of Fan (US-20180315988-A1) (refer to enclosed translations for citations).
Regarding claim 14,
Yang teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above), wherein the thermally induced ([0045-0046], “melting”) change in the geometric dimensioning ([0045-0046], wherein the melting of 31 results in a change of geometric dimensioning) is brought about by a change in a pouch cell temperature ([0045-0046], wherein “melting” occurs during increased temperature), but fails to teach the current interrupter includes a material having a negative coefficient of thermal expansion. Fan teaches wherein the current interrupter (Fig. 4B, negative coefficient of thermal expansion (NTE) plate 420; [0056]; [0058]) includes a material ([0056], [0058], “ZrW2 O8”, or zirconium tungstate) having a negative coefficient of thermal expansion [0058]. It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to substitute the current interrupter 31 of Yang with the current interrupter of Fan, such that 420 bridges the gap 30 between 22 and 25 (see Yang, Fig. 2, 31 between 22 and 25) as Fan teaches using an NTE material can produce a non-conductive gap in response to temperature increase [0004-0006] and eliminate damage to the electric power system [0036]. Further Yang teaches modification may be made to the device (Yang, [0080]). The simple substitution of one known element for another is likely to be obvious when predictable results are achieved (see MPEP § 2143, B.).
Regarding claim 15,
Yang in view of Fan teaches a pouch cell 20 as recited in claim 13 (see rejection of claim 13 above), wherein the current interrupter (Fan, Fig. 4B, NTE plate 420; [0056]; [0058]) is arranged (Yang in view of Fan, wherein 420 connects 22/25) at the connection electrode (Yang, Fig. 2, 22/25).
Regarding claim 16,
Yang in view of Fan teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above), wherein the current interrupter (Fan, 420) is configured in such a way that a current interruption (Fan; [0004-0006]) is brought about by thermal shrinkage (Fan; [0004-0006], “contracts in response to an increase in temperature”) of a material of the current interrupter (Fan; see [0058], “ZrW2 O8”, or zirconium tungstate).
Regarding claim 17,
Yang in view of Fan teaches the pouch cell as recited in claim 16 (see rejection of claim 16 above), wherein the current interruption (Fan, [0004-0006]) occurs if a pouch cell temperature (Fan; [0012]) exceeds a predefined temperature threshold (Fan; [0012], “threshold value”).
Regarding claim 23,
Yang in view of Fan teaches the pouch cell as recited in claim 14 (see rejection of claim 14 above), wherein the material (Fan; see [0058], “ZrW2 O8”, or zirconium tungstate) includes zirconium tungstate (Fan; see [0058], “ZrW2 O8”, or zirconium tungstate).
Regarding claim 24,
Yang in view of Fan teaches the pouch cell as recited in claim 14, but fails to teach wherein the material ([0058-0059], “ZrW2 O8 /copper”) has an electrical conductivity of greater than 1x10^5 siemens per meter (Fan, [0061], wherein fuses are conductive under normal operating conditions, and wherein conductive materials have an electrical conductivity of greater than 1x10^5 siemens per meter, see https://spark.iop.org/conductivity-electrical#:~:text=Solid%20materials%20with%20conductivities%20greater,conductivity%20of%20any%20metal%20element)
Claims 25 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (KR20130042954A) (refer to enclosed translations for citations) in view of Fan (US-20180315988-A1) (refer to enclosed translations for citations) and Bushong (US-20020119364-A1) and Holzer (“Phase transformation and thermal expansion of CuZrW2O8 metal matrix composites”).
Regarding claim 25,
Yang in view of Fan teaches the pouch cell as recited in claim 13 (see rejection of claim 13 above) wherein the current interrupter (Fig. 4B, 420; [0058], “ZrW2 O8”) is configured to interrupt (Fan; [0004-0006]) drawing of current (Fan; [0004-0006]) via the at least one connection electrode (Yang, Fig. 2, 22/25). However, Yang in view of Fan fails to teach the current interrupter is configured to reversibly interrupt drawing of current. Bushong teaches a current interrupter configured to reversibly interrupt drawing of current (Fig. 6, 100; see [0092] wherein 120 and 122 can reversibly stop current by placing plates 120 and 122 in and out of contact). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the current interrupter (Fig. 4B, negative coefficient of thermal expansion (NTE) plate 420; [0056]; [0058]) such that expansion upon cooling places the connection electrode (Yang, Fig. 2, 22/25) back in contact, as suggested by Bushong [0092] in order to allow for continued operation [0092], as Holzer teaches that ZrW2O8 undergoes reversible expansion/contraction (Holzer, Introduction, “reversible… transformation”), such that one of ordinary skill in the art would understand that such a material can place conductive members in and out of contact.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Inoue (US-20180026256-A1), relevant to another disclosure of a current interrupt device (Fig. 10A and 10B, 30, 31 and 11) functioning on a basis of contact/separation between two conductive members [0088].
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723