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 .
Response to Amendment
The amendment filed on 12/11/2025 does not place the application in condition for allowance.
In view of the amendment to claim 11 the rejection to claims 11, 14-17 and 21 under 35 U.S.C. 102 is withdrawn.
In view of the cancellation of claims 19 and 20, the 35 U.S.C. 102 rejection of claims 19 and 20 has been withdrawn.
New analysis follows.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11 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.
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.
Claims 11, 14-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hettrich (WO2019017994A1) in view of Fukada (JP2009238606A in IDS dated 4/22/22, reference made to attached English translation).
Regarding claim 11, Hettrich discloses an apparatus, comprising: an electrical energy store (i.e. rechargeable battery, ¶[0004]), wherein the electrical energy store comprises:
an electrode stack which comprises a plurality of plies disposed one above the other in a stacking direction (i.e. battery cells 116, ¶[0065], Fig. 1) of electrodes and separators disposed between the electrodes (¶[0069]; and
an actively controlled constant force system(¶[0030]), wherein the actively controlled constant force system comprises:
a first pressure plate and a second pressure plate (i.e. a first endplate 104 and a second endplate 106, ¶[0065], Fig. 1) , wherein the electrode stack is disposed between the first pressure plate and the second pressure plate and wherein a pressure is exertable on the electrode stack by the first pressure plate and the second pressure plate (¶[0069], see a compressive force to the at least two endplates and normal to the face of the one or more battery cells);
an actuator (tension element, 112), wherein the actuator is disposed between the first pressure plate and the second pressure plate (Fig. 1) and is connected to the first pressure plate on a first side and to the second pressure plate on a second side, (Fig. 1 see tension element connected to first and second pressure plate through housing 114, ¶[0072] see screw-driven actuator as tension element and steel strap as housing 114) such that the first pressure plate and the second pressure plate are coupled to each other by the actuator and wherein the first pressure plate and the second pressure plate is are movable toward each other or away from each other by the actuator (¶[0072], the changed tension allows the pressure plates to move); and
a control device (controller, 102), wherein the actuator is controllable by the control device (¶[0030]) and wherein the control device moves the first pressure plate and the second pressure plate either toward each other or away from each other via the actuator to ensure that that a constant pressure is exerted on the electrode stack depending on an operating state of the electrode stack (¶[0047], the tension element exerts the pressure depending on internal or external conditions as determined, in part, by the pressure sensor),
but does not disclose wherein the electrical energy store is disposed in a housing and wherein the actively controlled constant force system is inherently tensioned such that no force is transferred to the housing by the actively controlled constant force system.
Fukada, related to batteries, discloses a battery stack 130 containing individual cells held by tensioning elements 118 and 116 and enclosed in a cover(i.e. housing, 150 and 160) (Fig. 10, [0004]) where the tensioning elements are separate from the cover and therefore inherently no force is transferred to the housing.
One of ordinary skill in the art would have recognized the battery housing of Fukada could be used in the same manner for the battery of Hettrich thereby transferring no force from the constant force system, and additionally providing protection to the battery and further enabling mounting the battery such as mounting it into a vehicle (¶[0003]-[0004]).
Therefore, it would have been obvious to have added the cover/housing of Fukada to the battery of Hettrich to protect the battery and enable mounting.
Regarding claim 14, modified Hettrich discloses an apparatus according to claim 11, however the embodiment relied upon in claim 1 (Fig. 1) does not explicitly teach wherein the actuator is formed as a fluid regulator having a chamber which receives and emits a fluid.
The embodiment of Figure 2 of Hettrich teaches an actuator formed as a fluid regulator having a chamber which receives and emits a fluid, in this case, a pump and a fluid reservoir (Fig. 2 ¶[0066]).
One of ordinary skill in the art would recognize adding the pump and fluid reservoir would add dynamic pressurization and depressurization (¶0069], see dynamic pressurization fluid) and uniaxial pressurization and depressurization (¶[0070]) which add active control of the battery cell pressure which improves battery performance (¶[0005]).
Therefore, it would have been obvious to one of ordinary skill in the art to combine the pump and fluid reservoir with the tension element to form an actuator to improve battery performance. In this case, the combined tension element of Figure 1 and pump and a fluid reservoir of Fig. 2 is considered to read on the instant actuator, since the combined devices are usable to adjust the plate position and/or pressure within the cells.
Regarding claim 15 and 16, modified Hettrich discloses an apparatus according to claim 11, and Hettrich further discloses wherein the actuator is formed as a mechanical drive device which has a threaded spindle (Fig. 1, ¶[0072] see screw driven actuator).
Regarding claim 17, modified Hettrich discloses an apparatus according to claim 11, wherein the actively controlled constant force system further comprises an elastic element (compressible element, 110) disposed between the electrode stack and at least one of the first pressure plate and the second pressure plate (¶[0072], Fig. 1)
Regarding claim 21, modified Hettrich discloses a method for operating an apparatus according to claim 11, and Hettrich further discloses comprising the step of: ensuring that a constant pressure is exerted on the electrode stack by the control device by moving the first pressure plate and the second pressure plate either toward each other or away from each other via the actuator depending on an operating state of the electrode stack (¶[0069], see dynamic end plates and compressive force).
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 KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726
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