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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/16/2026, has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3 and 2-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1,and 3 recite in part “…predetermined range of lengths.” However there is no language of the limitation found in the instant specification to suggest more than a singular predetermined length.
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)(2) the claimed invention was described 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(s) 1-9, 13, and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Turon Teixidor et al. (US2014/0266066A1).
As to claim 1, Turon Teixidor discloses a clamping device for forming or operating a battery [Abstract], the clamping device comprising: a first plate positionable relative to a second plate such that a space between the first plate and the second plate is sized to receive the battery [Abstract];
an interfacial material arranged between the battery and the first plate or the second plate, the interfacial material configured to conform to a surface of the battery [0038];
a coupling member coupling the first plate to the second plate, the coupling member (coupling members 250 disposed in the corners of the first 210 and extending through the bores in the second 220 plates [0035]; having a first end portion and a second end portion (The coupling member 250 can have a first end portion (on an end portion opposite to 255) and a second end portion 255 (e.g., a bolt head) [0031])
Turon Teixidor teaches in some embodiments, the first and the second end portions are independently a nut, a head (e.g., a screw head, a bolt head, or equivalent), a post clamp, a plate (e.g., the first or second plate, or an additional third plate)… The end portions are also configured to prevent the movable plate(s) from being decoupled from the coupling member. [0027] …In various embodiments, as shown in the example embodiment of FIG. 2, the coupling member 250 can include a plurality of coupling members. For example, the coupling member 250 includes four threaded bolts 251 extending through bores 215 [0034] Where the plurality of coupling members (250) having a first and second end, and where the coupling member may be a post/rod with one end fixed in the first or the second plate [0036] and the second end may comprise a third plate with a bolt head (255) on the post/ rod would provide a compression plate,
a compression plate (third plate) positionable relative to the first plate, on an opposite side relative to the second plate (A third plate and an elastic member can be inserted in between the two fixed plates. [0029]), wherein the compression plate is separate from the first plate and the second plate (The third plate is a separate plate inserted between two fixed plates); and one or more elastic members disposed between the compression plate and the first plate (A third plate and an elastic member provide an order inserted between two fixed plates providing the claimed structure);
wherein the compression plate (Third plate) and the one or more elastic members (elastic member, springs [0031]) are configured to allow applying a compressive force via the compression plate until the one or more elastic members are compressed to a predetermined range of lengths.( The force load on the springs can be adjusted to set an applied pressure on the cell stack 240 by tightening or loosening the bolt heads. In some embodiments, the bolt heads can be tightened until the springs reach a desired length, which can correlate to an applied pressure on the cell stack 240 [0036]). Where the force applied to provide a desired length may be adjusted meets the limitation of a range of lengths.
As to claim 2, the rejection of claim 1 is incorporated, Turon Teixidor discloses one or both of the first plate and the second plate is movable away from the other plate about the coupling member in response to expansion of the battery [0031].
As to claim 3, the rejection of claim 1 is incorporated, Turon Teixidor discloses at least one of the end portions of the coupling member is configured to set an applied pressure on the battery corresponding to the compressing of the one or more elastic members to the predetermined range of lengths. (The force load on the springs can be adjusted to set an applied pressure on the cell stack 240 by tightening or loosening the bolt heads. In some embodiments, the bolt heads can be tightened until the springs reach a desired length, which can correlate to an applied pressure on the cell stack 240, [0036]). Where the force applied to provide a desired length may be adjusted meets the limitation of a range of lengths.
As to claim 4, the rejection of claim 1 is incorporated, Turon Teixidor discloses the one or more elastic member are configured to be compressed during cycling of the battery, thereby reducing variations in pressure on the battery due to the expansion of the battery to reduce deformation of an electrode in the battery upon cycling. The clamping device can also be configured to reduce deformation of an electrode in the electrochemical cell stack upon charging. In addition, the elastic member can be configured to be compressed during the charging of the electrochemical cell stack, thereby reducing the increase in pressure on the electrochemical cell stack exerted by the first and second plates [0008]
As to claim 5, the rejection of claim 1 is incorporated, Turon Teixidor discloses the one or more elastic member comprises one or more of a spring, a plunger, an elastic band, a pneumatic or hydraulic piston, a pneumatic or hydraulic bladder, or foam. [0009]
As to claim 6, the rejection of claim 1 is incorporated, Turon Teixidor discloses the coupling member comprises a fastener, a spring clamp, or a C-clamp. [0009]
As to claim 7, the rejection of claim 1 is incorporated, Turon Teixidor discloses the interfacial material comprises polyethylene sheet, polypropylene sheet, PTFE sheet, paper, paperboard, natural rubber, silicone rubber, reinforced (such as fiber) polymer (such as rubber), foam, a pneumatic or hydraulic bladder, or felt. [0038]
As to claim 8, the rejection of claim 1 is incorporated, Turon Teixidor discloses the first plate, the second plate, or the compression plate have thicknesses between about 0.5 cm and about 0.8 cm. [0024]
As to claim 9, the rejection of claim 1 is incorporated, Turon Teixidor discloses at least one of the first plate, the second plate, or the compression plate comprises one or more of a metal or an insulator. [0024]
As to claim 13, the rejection of claim 1 is incorporated, Turon Teixidor discloses the battery is a first battery, the device further comprising a second battery, wherein both the first battery and the second battery are arranged between the first and second plates. (Additionally, it is possible to include more than one cell stack 240 per clamping device 200 For example, more than one cell stack 240 can be placed side by side or in multiple layers [0047]).
As to claim 17, the rejection of claim 1 is incorporated, modified Turon Teixidor discloses the battery is a multilayer battery comprising one or more electrodes (Electrochemical cell stack, [0020]) including a silicon-containing or silicon-dominant anode [0019] and a separator [0005], the profile of applied pressure resulting in few or no gaps between the one or more electrodes or the separator of the multilayer battery (Clamping devices 200 can reduce the amount of warping and deformation on the electrode or current collector foil by reducing/slowing the increase exerted by the first 210 and second 220 plates and/or by reducing the variation in the applied pressure due to the expansion of the cell stack 240 [0043]).
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 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) 10, 11, 12, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turon Teixidor et al. (US2014/0266066A1).
As to claims 10, 11, and 12, the rejection of claim 1 is incorporated, Turon Teixidor discloses the compressive force applied by the compression plate is between about 25 psi and about 350 psi, between about 25 psi and about 250 psi as applied to claim 11, and between about 50 psi and about 200 psi as applied to claim 12. (The applied pressure on the cell stack 240 can be between about 10 psi and about 400 psi, [0037], which overlaps all claimed ranges.)
Applicant is reminded in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 16, the rejection of claim 1 is incorporated, modified Turon Teixidor discloses the device is used to apply pressure against an expanding battery (This disclosure describes certain embodiments of a clamping device for an electrochemical cell stack configured to reduce deformation of an electrode that expands in a cell stack upon charging [0020] ) to uniformly distribute pressure across an area of the battery (By applying a pressure that considers the thickness variations upon expansion, more consistent electrochemical behavior can result. In some embodiments, the variations in pressure can be reduced so that the applied pressure slightly varies or is substantially constant. [0033] ) with a profile of applied pressure within 100-200 psi (In various embodiments, the applied pressure on the cell stack 240 can be between about 10 psi and about 400 psi [0037]).
Applicant is reminded in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim(s) 14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Turon Teixidor et al. (US2014/0266066A1), in view of Bernhardt et al. (US2020/0346555A1).
As to claim 14, the rejection of claim 1 is incorporated, Turon Teixidor does not explicitly disclose, the clamping device is a first clamping device comprising a first battery, the first battery of the first clamping device configured to electrically connect with a second battery of a second clamping device. However Bernhardt teaches battery compression devices 108A-B, 110A-B, and 112A-B may all be installed when charging batteries 106A-C [0031]… housings 104A-104C may include additional components, such as electrical connections for batteries 106A-C, electronic devices, such as sensors, and the like. [0033]. Bernhardt further teaches, Batteries 106A-106C may be used for various purposes, such as for powering electric propulsion system components (e.g., electric motors), or for powering ancillary or back-up systems, such as providing backup power to avionics systems, fly-by-wire electric actuators, electric pumps for hydraulic systems, safety systems, lighting systems, communication systems, and others. [0032].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the battery electrical connections of Bernhardt to provide the appropriate power requirements for the applications from powering electric propulsion system components (e.g., electric motors) to communication systems.
As to claim 18, the rejection of claim 1 is incorporated, modified Turon Teixidor discloses the clamping device is one of a plurality of clamping devices arranged in a pack (Bernhardt, battery compression devices 108A-B, 110A-B, and 112A-B may all be installed when charging batteries 106A-C [0031] Where batteries 106A-C provide a pack of batteries.), One or more batteries of the plurality of clamping devices being electrically connected with another battery of another clamping device (Housings 104A-104C may include additional components, such as electrical connections for batteries 106A-C, electronic devices, such as sensors, and the like. [0033].
Bernhardt further teaches, Batteries 106A-106C may be used for various purposes, such as for powering electric propulsion system components (e.g., electric motors), or for powering ancillary or back-up systems, such as providing backup power to avionics systems, fly-by-wire electric actuators, electric pumps for hydraulic systems, safety systems, lighting systems, communication systems, and others. [0032].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with plurality of battery compression devices and the battery electrical connections of Bernhardt to provide the appropriate power requirements for the applications from powering electric propulsion system components (e.g., electric motors) to communication systems.
As to claim 19, the rejection of claim 1 is incorporated, modified Turon Teixidor discloses the batteries within the pack are configured to provide energy stored within the batteries. (Batteries 106A-106C may be used for various purposes, such as for powering electric propulsion system components (e.g., electric motors). [Bernhardt, 0032])
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with plurality of battery compression devices and the battery electrical connections of Bernhardt to provide the appropriate power requirements for the applications from powering electric propulsion system components (e.g., electric motors) to communication systems.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Turon Teixidor et al. (US2014/0266066A1), in view of Kalman et al. (US9,184,430 B2).
As to claim 15, the rejection of claim 1 is incorporated, Turon Teixidor does not explicitly disclose one or more spacers arranged between the first plate and the compression plate, the one or more spacers configured to determine a distance at which the compression plate stops, corresponding to an amount of compression of the one or more elastic members.
In the same field of endeavor Kalman discloses, Positive electrical contact between a battery and a contact pad is achieved through compression of intermediate conductive component 203 (spring) via tightening the positioning plates with attached PCBs over a set of cylindrical spacers to form a torque-adjustable battery holder frame. [C6L23-27] Kalman further teaches Cylindrical spacers are provided to ensure that the conductive components are not accidentally overly compressed, which can lead to damage or deformation of the conductive component. [C6L39-42]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the spacers of Kalman to prevent over compression of the conductive components resulting in damage or deformation.
Claim(s) 20 - 27 is rejected under 35 U.S.C. 103 as being unpatentable over Turon Teixidor et al. (US2014/0266066A1), in view of Schumann et al. (US2015/0295208A1).
As to claim 20, the rejection of claim 1 is incorporated, Turon Teixidor is silent on one or more characteristics of the device is monitored by one or more sensors connected to control circuitry, the control circuitry configured to control pressure.
In the same field of endeavor Schumann discloses, If the cavity, to which the internal pressure is applicable, for example, configured as an elastic gas bag or as an elastic gas container, is in contact over its entire surface independently of its shape with a wound or stacked electrode [0024]… pressure exerted improves cell performance [0025]… at least one pressure sensor… is situated inside the housing. The control unit may furthermore be configured to adapt the internal pressure of the cavity (gas bag) based on the measured local pressure value. In this way, for example, an instantaneous pressure on the energy storage element may be determined. The corresponding pressure may then be adapted, if this is determined to be advantageous, by varying the internal pressure in the cavity based on a state of charge of the energy storage element… By setting and optimizing the pressure, in particular as a function of a state of charge of the energy storage element, a cyclical service life and performance of the energy storage element may be improved. [0034]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the sensors and control circuitry of Schumann to control the instantaneous pressure of the battery and improve the a cyclical service life and performance of the battery.
As to claim 21, Turon Teixidor discloses a clamping device for forming or operating a battery [Abstract], the clamping device comprising: a first plate positionable relative to a second plate such that a space between the first plate and the second plate is sized to receive the battery [Abstract];
an interfacial material arranged between the battery and the first plate or the second plate, the interfacial material configured to conform to a surface of the battery [0038];
a coupling member coupling the first plate to the second plate, the coupling member (coupling members 250 disposed in the corners of the first 210 and extending through the bores in the second 220 plates [0035]; having a first end portion and a second end portion (The coupling member 250 can have a first end portion (on an end portion opposite to 255) and a second end portion 255 (e.g., a bolt head) [0031])
one or more elastic members disposed between the first end portion and the second end portion (The clamping device 200 can further include an elastic member 260 (e.g., a spring) disposed between the first end portion and the second end portion 255. [0031], as shown in figure 2);
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(Turon Teixidor, figure 2)
Turon Teixidor does not explicitly disclose an actuator is configured to apply a compressive force against the first plate or the second plate to set the space at a predetermined length.
In the same field of endeavor Schumann discloses a method for operating an electrical energy store is provided including the step: applying an internal pressure on a gas-tight cavity, to which the internal pressure is applicable, whereby a pressure is exerted on at least one section of an energy storage element situated in the housing. [0008]… The cavity may also be a gas bag [0010]
Where the gas bag provides a bladder, and it would be obvious to person of ordinary skill in the art at the time of the invention to use the bladders of Schumann for the springs of Turon Teixidor because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.) and at the time of the invention pneumatic bladders were known to be used as an elastic member.
In the combination of the bladders of Schumann for the springs of Turon Teixidor the bladders would exert a compressive force against the first plate or the second plate in the same manner as the springs. Further the actuator as a bladder would uniformly distribute pressure across at least an area of the battery as exemplified in paragraph [0069] of the instant specification.
Turon Teixidor discloses a desired length, which can correlate to an applied pressure on the cell stack 240 [0036], and Schumann teaches, the cavity (gas bag) as internal pressure in the cavity at a pressure value predetermined or determined during the course of a method or during operation. [0011]. It would be obvious to set the pressure to correlate to the desired length of compression.
As to claim 22, the rejection of claim 21 is incorporated, modified Turon Teixidor does not explicitly teach the actuator comprises one or more pneumatic bladders such that one or more pneumatic bladders are configured to adjust internal pressure independent of another bladder, however Schumann teaches, Applying the internal pressure to the cavity (Gas bag or bladder) should in particular mean that an internal pressure is provided in the cavity as internal pressure in the cavity at a pressure value predetermined or determined during the course of a method or during operation.[0011]… The finding underlying the present invention is that the application of a desired pressure on an energy storage element may be provided particularly advantageously by a cavity situated in the same housing as the energy storage element using an internal pressure. [0013]… a performance or capacity of the energy storage element may be increased. [0016]. Where applying pressure to a gas bag provides a pneumatic bladder, and the determined pressure during operation provides adjustment of pressure.
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the gas bag of Schumann to improve performance and capacity of the battery.
As to claim 23, the rejection of claim 22 is incorporated, modified Turon Teixidor does not explicitly teach, the pneumatic bladders are configured to be compressed by another actuator configured to control pressure within the pneumatic bladder. Schumann teaches, the electrical energy store includes a control unit, the internal pressure which is applicable to the cavity I(Gas Bag, Bladder) being variable with the aid of the control unit. For this purpose, the control unit may be connected to a compressor … The internal pressure may therefore be advantageously varied with the aid of the control unit in a manner adapted to such cycles of volume buildup and volume drop. [0033]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the gas bag of Schumann to improve performance and capacity of the battery. [0016]
As to claim 24, the rejection of claim 21 is incorporated, modified Turon Teixidor discloses a third plate, In some embodiments, the first and the second end portions are independently a nut, a head (e.g., a screw head, a bolt head, or equivalent), a post clamp, a plate (e.g., the first or second plate, or an additional third plate)… The end portions are also configured to prevent the movable plate(s) from being decoupled from the coupling member. [0027] Where a third plate at an end portion to prevent the movable plates from decoupling from the coupling member would provide a compression plate.
In the combination with the pneumatic bladder of Schumann substituted for the springs of Turon Teixidor would meet the limitation of, “actuator is arranged between the compression plate and the first plate,” and inflated against the compression plate would exert a force on the actuator and the first plate, forcing the first plate toward the second plate.
As to claim 25, the rejection of claim 21 is incorporated, modified Turon Teixidor discloses an actuator (pneumatic bladder, gas bag) is configured to be compressed during the charging of the battery in response to expansion of the battery.
The elastic member can be configured to be compressed during the charging of the electrochemical cell stack, [0008] Where in the substitution of the gas bag or pneumatic bladder of Schumann for the elastic member of Turon Teixidor meets the limitation.
As to claim 26, the rejection of claim 21 is incorporated, modified Turon Teixidor discloses the actuator is one or more of a spring, a plunger, an elastic band, a pneumatic or hydraulic piston, a pneumatic or hydraulic bladder, a motorized screw or piston, or foam . [0009]
As to claim 27, the rejection of claim 21 is incorporated, Turon Teixidor is silent on one or more characteristics of the device is monitored by one or more sensors connected to control circuitry, the control circuitry configured to control pressure.
In the same field of endeavor Schumann discloses, If the cavity, to which the internal pressure is applicable, for example, configured as an elastic gas bag or as an elastic gas container, is in contact over its entire surface independently of its shape with a wound or stacked electrode [0024]… pressure exerted improves cell performance [0025]… at least one pressure sensor… is situated inside the housing. The control unit may furthermore be configured to adapt the internal pressure of the cavity (gas bag) based on the measured local pressure value. In this way, for example, an instantaneous pressure on the energy storage element may be determined. The corresponding pressure may then be adapted, if this is determined to be advantageous, by varying the internal pressure in the cavity based on a state of charge of the energy storage element… By setting and optimizing the pressure, in particular as a function of a state of charge of the energy storage element, a cyclical service life and performance of the energy storage element may be improved. [0034] Where the gas bag serves as the actuator.
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Turon Teixidor with the sensors and control circuitry of Schumann to control the instantaneous pressure of the battery and improve the a cyclical service life and performance of the battery.
Response to Arguments
The 35 U.S.C. §112(a) rejection dated 10/17/2025, is withdrawn in view of amendments to the claims.
Applicant's arguments filed 01/16/2026, have been fully considered but they are not persuasive.
Applicant argues, page 13, regarding claim 1 Turon Teixidor does not teach a 3-plate based configuration, and a coupling device further comprising an interfacial material arranged between the battery and the first plate or second plate. The office respectfully disagrees as Turon Teixidor discloses, “A third plate and an elastic member can be inserted in between the two fixed plates.” [0029], and “the interfacial material can be placed between the cell stack 240 and at least one of the first 210 and second 220 plates” [0038].
Applicant argues, page 15, regarding claim 21 Schumman fails to teach the gas bag is configured to uniformly distribute pressure across at least an area of the battery. The office respectfully disagrees as Schumann discloses, “ If the cavity, to which the internal pressure is applicable, for example, configured as an elastic gas bag or as an elastic gas container, is in contact over its entire surface independently of its shape with a wound or stacked electrode, the exerted pressure may be particularly homogeneous and precise” [0024] ([0051] fig. 1B). Where a homogeneous applied pressure meets the limitation of uniform distribution pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hukan et al. (US2022/0029190A1) Control circuitry for battery.
Ito et al. (US2020/0106120A1) Clamping device with load cell.
Kim et al. (US2018/0301676A1) Battery with pressure controller.
Niwa et al. (US10,193,181B2) Battery with spacers.
Fukuda et al. (US2017/0018820A1) Battery with deformation sensor.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728