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 02/02/2026 does not place the application in condition for allowance.
In view of the cancellation of claims 13 and 14, the rejection under 35 U.S.C. 103 of claims 13 and 14 has been withdrawn.
In view of the amendment the rejection of claims 1-2, 4-7, 9, and 11-12, 15-17 under 35 U.S.C. 103 is withdrawn.
New analysis follows.
Response to Arguments
Applicant's arguments filed 0 have been fully considered but they are not persuasive. Applicant argues there are no ranges provided in Zhao for the variables of claim 1 and cites M.P.E.P. overlapping ranges case law, however while the ranges are not explicitly taught, one of ordinary skill in the art would recognize these structural dimensions and values must be chosen and it is obvious to have optimized each of the values for improved battery performance and use of space during routine optimization as described in the rejection of claim 1.
In response to applicant's argument that the protrusions of Zhao do not provide expansion space for electrode core but are simply for the electrode terminal, as pointed out in Zhao’s specification, the fact that the inventor has recognized another advantage, such as expansion space optimization, which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Furthermore, the protrusions, by their very nature, leave a space within the cell case and Zhao does contemplate the protrusions may have a buffer effect to battery swelling(¶[0090] of Zhao).
Applicant’s arguments with respect to claim 1 regarding the reference Ooshima 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 1-2, 4-5, 7, 9, and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US20220246975A1) , and further in view of Kim (US20060051666A1).
Regarding claim 1, Zhao discloses a cell array, comprising a plurality of cells arranged in sequence (¶[0038] Fig. 1 see batteries 120), wherein each of the plurality of cells comprises a housing (i.e. case, ¶[0096]) and an electrode core arranged in the housing(¶[0096]), the electrode core comprises an electrode plate (¶[0096], see positive and negative electrode plate), and the electrode plate comprises a current collector and a coating layer arranged on the current collector (¶[0093] see active material as a coating layer of current collector) wherein the electrode plate expands in a thickness and width direction of each of the plurality of cells (¶[0090] see material expands in all directions).
Zhao also teaches an expansion space outside the plurality of cells (SRw) as a partition (130, Fig. 3) having a compressibility between adjacent batteries (¶[0008]). Mw is the thickness of the cell array of Fig. 2 and Celln is the number of cells in the array (in this case 6 cells are in the array of Fig. 2). Each cell in the cell array comprises a separator and current collector (¶[0047]) as an incompressible thickness, MNw, as defined by the specification (¶[0033]).
Zhao does not explicitly disclose the wall thickness Kw, cell thickness Cellw, total thickness of coating layers Pw, and expansion space inside each of the cells JRw.
Kim discloses a cell with an expansion space JRw (i.e. element 115, Fig. 2A/2B) for the electrode core (i.e. electrode assembly 200, Fig. 1) and further discloses a cell thickness Cellw and wall thickness Kw in example 1 (i.e. t2 and D’, Fig. 2B).
One with ordinary skill in the art would recognize the total thickness of the coating layers, Pw, is dependent on the thickness of each layer and the number of windings in the battery used depending on the requirements of the desired application (¶[0096] of Zhao, Fig. 1 of Kim). The combination of SRw of Zhao and JRw of Kim is the reserved space within the cell array represented by (1 - JRw)+ (SRw - 1).
It would have been obvious to vary the expansion spaces of Zhao (width of the partition) and kim (depth of the curved recess) in order to optimize JRw and SRw depending on the expected swelling of the battery with optimization resulting in improved cycle performance of the battery by reducing stress and short circuits (Zhao ¶[0045]) and compensating for and preventing volumetric expansion in the battery (Kim, ¶[0089]).
Zhao also discloses an expansion space in the width direction (JRL) provided by the protrusion 134 (Fig. 8). This protrusion accommodates the expansion of the cell in the second direction (¶[0090]).
Kim discloses, CellL, a width of each of the plurality of cells in the second direction before use in Fig. 1 and, KL, a wall width of the housing in the second direction (Figs. 1-2B). Kim further discloses each cell in the cell array comprises a separator(230, Fig. 1) and current collector (a component of the positive and negative electrode, 220 and 210, Fig. 1) as an incompressible width in the electrode core, CL, as defined by the instant specification (¶[0033])(see MPEP §2111.01.III).
One with ordinary skill in the art would recognize the total width of the coating layers (PL) is dependent on the thickness of each layer and the number of windings in the battery used depending on the requirements of the desired application.
It would have been obvious to vary the expansion space provided by the protrusion in order to optimize the expansion space for the electrode core in the second direction (JRL) to reduce stress within the cells resulting in improved cycle performance and reduced short circuits (Zhao ¶[0045])
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Kim further teaches wherein, along the first direction, the housing includes at least one surface on one side of the housing and at least one surface on the other side of the housing, opposing the one side of the housing, and both the at least one surface on one side of the housing and the at least one surface on the other side of the housing are curved towards the electrode core to form a part of the reserved space(Fig. 2A and 2B see element 115 in each side of the housing).
Regarding claim 2, modified Zhao discloses the cell array of claim 1 and a thickness of the electrode core comprising “a positive electrode and a negative electrode are laminated on each other with a separator interposed between them” resulting in a thickness internal to the battery case (¶[0006]).
Regarding claim 5, modified Zhao discloses the cell array of claim 1 and an incompressible thickness of a separator and current collector (Cw) as disclosed in claim 1.
Regarding claim 7, modified Zhao discloses the cell array of claim 1 which includes a plurality of cells and a cell expansion space JRw. These cells are designed to charge and discharge from the factory state (¶[0104] and will expand and contract within the provided expansion space, JRw, during that process (¶[0004]).
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 9, modified Zhao discloses the cell array of claim 1 and JRwidth, a width of the electrode core comprising “a positive electrode and a negative electrode are laminated on each other with a separator interposed between them” resulting in a thickness internal to the battery case (¶[0006]).
Regarding claim 11, modified Zhao discloses the cell array of claim 1, and a limiting structural member (partition 130, Fig. 3) is arranged between adjacent cells (cells 120, Fig. 1).
Regarding claim 12, modified Zhao discloses the cell array of claim 1 and a limiting structural member (partition 130, Fig. 3) is arranged between adjacent cells (Fig. 1, cells 120) and is filled in with a material with a thermal insulation property, in this case the entire partition is made of thermal insulation material (¶[0053]).
Regarding claim 15, modified Zhao discloses the cell array of claim 1 and Zhao further discloses a battery pack comprising a more than 1 cell array (i.e. battery module, ¶[0003])
Regarding claim 16, modified Zhao discloses a battery pack according to claim 15 and a vehicle comprising the battery pack (¶[0003]).
Regarding claim 17, modified Zhao discloses the cell array of claim 11, and as presented in claim 1 the cells within the cell array of Zhao are modified with the element 115 of Kim on the flat surface 111 which curves inward toward the electrode core (Fig. 2A/2B) thereby providing a recessed surface on the plurality of cells in the first direction which may be occupied when the cell expands.
Zhao also discloses that the limiting structural member may be a limiting frame around the functional layer 133 (¶[0085], see recess is closed at every side), Fig. 7).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN110265591, reference made to US20220246975A1 as English translation) and of Kim (US20060051666A1) as applied to claim 1 above, and further in view of Honda (WO2019107560, reference made to US20200290933A1 as English translation).
Regarding claim 6, modified Zhao discloses the cell array of claim 1 and Zhao additionally discloses an outer case (i.e. frame 110, Fig. 1) outside the cell array and end plates at two sides in the first direction (i.e. two end plates 112, Fig. 1) however, modified Zhao does not disclose an incompressible thermal insulation cotton.
Honda teaches a partition member with thermal insulation properties (¶[0009]) containing a fibrous inorganic material (¶[0010]) that may be positioned between the outer case and the cell array (¶[0010] see between single batteries or between a single battery and a member other than the single battery). The fibrous inorganic material may be a cotton including cotton sheets, rock wool, and glass fibers (¶[0035]) and incompressible (see thermal insulation material may not be elastic, ¶[0039]). Therefore the incompressible thickness of the cell array comprises both the end plates and the thermal insulation cotton.
One having ordinary skill in the art would have recognized providing an incompressible thermal insulation cotton would have reduced temperature differences and reduced the degradation of the batteries (¶[0062]). Therefore it would have been obvious to have provided an incompressible thermal insulation cotton to reduce battery degradation.
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.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726
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