DETAILED ACTION
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 .
Claim Status
Claims 1 and 12 have been amended.
Claim 6 was previously cancelled.
Claim 13 is new.
Claims 1-13 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 08/04/2025 have been fully considered but they are not persuasive. Applicant argues that the instant application differs from the cited references as follows:
Applicant argues that the connectors taught by Partington are not equivalent to the positive pole lug of the third cell and a negative pole lug of the third cell.
Applicant argues that Partington teaches that each of the compartments contains multiple pole lugs.
Applicant argues that Partington teaches a lead-acid battery and a person of ordinary skill in the art would understand that the lead-acid battery and the polymer lithium-ion battery are two completely different types of energy storage technologies with significant differences in structural design.
In response to argument a, the connectors of the third cell taught by Partington (considered as pole lugs) are located at an end of the third cell facing toward the at least one first cell and the at least one second cell (Fig. 2; column 2 lines 55-65, connectors 22 and 23). The end of the cell is encompassed by the connectors reaching across the compartment.
In response to argument b, Partington teaches a multi cell battery (column 1 lines 49-53) wherein negative plates of one cell are connected to positive plates of another cell via a connector (column 2 lines 58-65). Partington does not teach the presence of multiple pole lugs.
In response to argument c, while the examiner acknowledges that Partington teaches a lead-acid battery, the battery configuration taught by Partington is not exclusive to lead-acid battery cells (column 1 lines 12-16) and the configuration is used to achieve easy connection of an odd number of cells (column 1 lines 27-48). Further, Neitling teaches a battery pack comprising electrochemical cells disposed in a container with a lid (abstract; [0007]). Neitling teaches that the cells can be lithium-ion, lead-acid, nickel cadmium (NiCd), nickel metal hydride (NiMH), and lithium-ion polymer ([0062]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 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.
Claim(s) 1-5, 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Partington (US6784636B1) in view of Nietling et al. (US 20200350534 A1) hereinafter “Neitling”.
Regarding claim 1, Partington teaches a battery pack comprising: a first cell set comprising at least one first cell; a second cell set, juxtaposed with the first cell set in a first direction and comprising at least one second cell; and a third cell, juxtaposed with the first cell set and the second cell set in a second direction (Fig. 2, annotated below; abstract; column 1 lines 47-61), wherein a positive pole lug of the third cell and a negative pole lug of the third cell are located at an end of the third cell facing toward the at least one first cell and the at least one second cell (Fig. 2; column 2 lines 55-65, connectors 22 and 23), wherein the first cell comprises one positive pole lug and one negative pole lug (examiner considers connection portions/terminals to meet the limitation of pole lug), one of the positive pole lug and the negative pole lug of the first cell is located at an end of the first cell facing towards the third cell, the other of the positive pole lug and the negative pole lug of the first cell is located at an end of the first cell facing away from the third cell (Fig. 2; column 2 lines 55-65 “connection portion 24” and “battery terminal 26; Fig. 1 reproduced below), wherein the second cell comprises one positive pole lug and one negative pole lug, one of the positive pole lug and the negative pole lug of the second cell is located at an end of the second cell facing towards the third cell, the other of the positive pole lug and the negative pole lug of the second cell is located at an end of the second cell facing away from the third cell (Fig. 2; column 2 lines 55-65 “connection portion 25” and “battery terminal 27”; Fig. 1), wherein the first cell set, the third cell, and the second cell set are sequentially connected in series, and wherein the first direction is perpendicular to the second direction (Fig. 2; column 2 lines 55-65; column 2 lines 39-43; column 1 lines 61-65).
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Partington does not teach wherein the first cell, the second cell, and the third cell are polymer lithium-ion cells.
However, Neitling teaches a battery pack comprising electrochemical cells disposed in a container with a lid (abstract; [0007]). Neitling teaches that the cells can be lithium-ion, lead-acid, nickel cadmium (NiCd), nickel metal hydride (NiMH), and lithium-ion polymer ([0062]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have substituted the lead-acid battery cells taught by Partington for the lithium-ion polymer cells taught by Neitling.
One of ordinary skill in the art could have substituted the lead-acid battery cells taught by Partington for the lithium-ion polymer cells taught by Neitling with a reasonable expectation of success because various types of electrochemical cells, including lithium-ion polymer cells are known in the art and can be placed in a container with a lid.
Regarding claim 2, Partington discloses wherein the positive pole lug of the at least one first cell forms a positive pole lug of the battery pack, and the negative pole lug of the at least one second cell forms a negative pole lug of the battery pack (column 2 lines 61-64 “battery terminals 26, 27”; Fig. 2 annotated above); and the positive pole lug of the third cell is connected to a negative pole lug of the first cell set, and the negative pole lug of the third cell is connected to a positive pole lug of the second cell set (Fig. 2; column 2 lines 55-65).
Regarding claim 3, Partington discloses wherein a plurality of the first cells are stacked onto one another in the second direction; and a plurality of the second cells are stacked onto one another in the second direction (Fig. 3; column 3 lines 8-11).
Regarding claim 4, Partington discloses wherein a plurality of the first cells are stacked onto one another in the second direction; or a plurality of the second cells are stacked onto one another in the second direction (Fig. 3; column 3 lines 8-11; Fig. 3 shows a plurality of first cell and a plurality of second cells thereby meeting the limitation of “a plurality of the first cells… or a plurality of the second cells…”).
Regarding claim 5, Partington discloses the battery pack of claim 3. Partington meets the claim limitation wherein a difference between a sum of a width of the first cell set in the first direction and a width of the second cell set in the first direction, and a width of the third cell in the first direction, is within a predetermined range.
The claim limitation does not define the “predetermined range”, therefore Partington meets the claim limitation because Partington discloses where a length direction of one compartment is preferably equal to the sum of the widths of the other two compartments plus the thickness of the partition (column 2 lines 1-5) and further discloses where a five-cell battery (Fig. 3, reproduced below).
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Regarding claim 7, Partington discloses wherein a plurality of the first cells are connected in series or in parallel; and a plurality of the second cells are connected in series or in parallel (column 2, lines 55-68; column 3, lines 8-11; claim 16) .
Regarding claim 8, Partington discloses wherein a plurality of the first cells are connected in series or in parallel; or a plurality of the second cells are connected in series or in parallel (column 2, lines 55-68; column 3, lines 8-11; claim 16; Fig. 3 shows a plurality of first cell and a plurality of second cells thereby meeting the limitation of “a plurality of the first cells… or a plurality of the second cells…”).
Regarding claim 9, Partington discloses the battery pack of claim 1 but does not directly specify wherein the positive pole lug of the at least one first cell is attached to a center portion of a positive pole piece of the at least one first cell, and the negative pole lug of the at least one first cell is attached to a center portion of a negative pole piece of the first cell.
However, Partington shows in Fig. 2 that a cell has a positive pole lug (Fig. 2 terminal 26) and a negative pole lug (Fig. 2 connector 24) that is attached to a center portion of each respective end of the cell (column 2 lines 53-65).
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to specify a pole lug of a battery cell is attached to a center portion of a pole piece , in order to connect the cell together as taught by Partington (column 2 lines 53-65).
Regarding claim 10, Partington discloses the battery pack of claim 1 but does not directly specify wherein the positive pole lug of the at least one second cell is attached to a center portion of a positive pole piece of the at least one second cell, and the negative pole lug of the at least one second cell is attached to a center portion of a negative pole piece of the at least one second cell.
However, Partington shows in Fig. 2 that a cell has a positive pole lug (Fig. 2; positive connector 25) and a negative pole lug (Fig. 2; negative terminal 27) that is attached to a center portion of that is attached to a center portion of each respective end of the cell (column 2 lines 53-65).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to specify a pole lug of a battery cell is attached to a center portion of a pole piece , in order to connect the cell together as taught by Partington (column 2 lines 53-65).
Regarding claim 11, Partington discloses a battery pack further comprising: an encapsulation housing in which each of the first cell set, the second cell set and the third cell is located (Fig. 1, reproduced above; column 2 lines 32-38 “battery box 10”).
Regarding claim 12, Partington discloses a terminal comprising: a housing, having a battery compartment (Fig. 1, reproduced above; column 2 lines 32-38 “battery box 10”); and a battery pack disposed within the battery compartment, wherein the battery pack comprises: a first cell set, comprising at least one first cell; a second cell set, juxtaposed with the first cell set in a first direction and comprising at least one second cell; and a third cell, juxtaposed with the first cell set and the second cell set in a second direction (Fig. 2, annotated below; abstract; column 1 lines 47-61), wherein a positive pole lug of the third cell and a negative pole lug of the third cell are located at an end of the third cell facing toward the at least one first cell and the at least one second cell (Fig. 2; column 2 lines 55-65, connectors 22 and 23), wherein the first cell comprises one positive pole lug and one negative pole lug (examiner considers connection portions/terminals to meet the limitation of pole lug), one of the positive pole lug and the negative pole lug of the first cell is located at an end of the first cell facing towards the third cell, the other of the positive pole lug and the negative pole lug of the first cell is located at an end of the first cell facing away from the third cell (Fig. 2; column 2 lines 55-65 “connection portion 24” and “battery terminal 26; Fig. 1 reproduced below), wherein the second cell comprises one positive pole lug and one negative pole lug which are located at different ends of the second cell, one of the positive pole lug and the negative pole lug of the second cell is located at an end of the second cell facing towards the third cell, the other of the positive pole lug and the negative pole lug of the second cell is located at an end of the second cell facing away from the third cell Fig. 2; column 2 lines 55-65 “connection portion 25” and “battery terminal 27”; Fig. 1), wherein the first cell set, the third cell and the second cell set are sequentially connected in series, and wherein the first direction is perpendicular to the second direction (Fig. 2; column 2 lines 55-65; column 2 lines 39-43; column 1 lines 61-65).
Partington does not teach wherein the first cell, the second cell, and the third cell are polymer lithium-ion cells.
However, Neitling teaches a battery pack comprising electrochemical cells disposed in a container with a lid (abstract; [0007]). Neitling teaches that the cells can be lithium-ion, lead-acid, nickel cadmium (NiCd), nickel metal hydride (NiMH), and lithium-ion polymer ([0062]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have substituted the lead-acid battery cells taught by Partington for the lithium-ion polymer cells taught by Neitling.
One of ordinary skill in the art could have substituted the lead-acid battery cells taught by Partington for the lithium-ion polymer cells taught by Neitling with a reasonable expectation of success because various types of electrochemical cells, including lithium-ion polymer cells are known in the art and can be placed in a container with a lid.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Partington (US6784636B1) in view of Nietling (US 20200350534 A1) in view of Shi et al. (US 20200321591 A1) hereinafter “Shi”.
Regarding claim 13, modified Partington teaches the battery pack of claim 1.
Partington does not explicitly teach wherein the positive pole lug of the first cell is attached to a positive pole piece of the first cell, and the negative pole lug of the first cell is attached to a negative pole piece of the first cell, and the positive pole lug of the second cell is attached to a positive pole piece of the second cell, and the negative pole lug of the second cell is attached to a negative pole piece of the second cell, and wherein the first cell is formed by winding the positive pole piece and the negative pole lug of the first cell, and the second cell is formed by winding the positive pole piece and the negative pole lug of the second cell.
However, Shi teaches a wound battery wherein the positive pole lug is attached to a positive pole piece, and the negative pole lug of the first cell is attached to a negative pole piece of the first cell ([0045]), and wherein the first cell is formed by winding the positive pole piece and the negative pole lug of the first cell ([0045]). Shi teaches the lug configuration of the battery cell effectively reduces the possibility that the lug is broken or torn (abstract; [0016]; [0062])
It would have been obvious to one of ordinary skill in the art to substitute both the first and second cell taught by modified Partington with the battery cell taught by Shi.
One of ordinary skill in the art could substitute both the first and second cell taught by modified Partington with the battery cell taught by Shi to reduce the possibility of a lug being broken or torn (abstract; [0016]; [0062])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICITY B. ALBAN whose telephone number is (703)756-5398. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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