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 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.
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 1-7 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN 110400895 A, cited on the IDS dated July 27, 2025, wherein US PGPub 2021/0036285 A1 is relied on as an English translation), and further in view of Li et al. (CN 112234309 A, cited on the IDS dated July 27, 2025, see also the EPO machine generated English translation provided with the Office Action dated August 6, 2025) and Huang et al. (CN 209880668 U, wherein US PGPub 2022/0123417 A1 is relied on as an English translation), hereinafter referred to as Zhang.
Regarding Claims 1 and 17, Huang discloses in Figs. 1, 4, and 12 an end cover assembly (1) for a battery cell ([0067]), comprising:
a cover plate (11), provided with a pressure relief hole (111) penetrating through the cover plate (11) in a thickness direction ([0077]);
a film (12), arranged opposite to the pressure relief hole (111) and configured to exhaust gas inside the battery cell, a projection of the film (12) in the thickness direction does not overlap with a projection of the cover plate (11) in the thickness direction; and
a fixing member (13), configured to connect the cover plate (11) to fix the film (12) ([0083]).
Specifically, Huang discloses that when the gas pressure in the battery cell reaches a given value, the film (12) will break so as to release high-pressure gas outside of the battery cell, thereby reducing explosion risk ([0080]).
However, Huang remains silent regarding a material of the film and consequently does not disclose wherein such is breathable film.
Li teaches in Figs. 1-2 a battery cell comprising an end cover assembly (100) comprising a cover plate (10) provided with a pressure relief hole (11) penetrating though the cover plate (11) in a thickness direction and a breathable film (30) arranged opposite to the pressure relief hole (11) and configured to exhaust gas in the battery cell ([0048], [0050], [0052]).
Specifically, Li teaches wherein the breathable film (30) may comprise a polymer material such as FEP in order to achieve corrosion resistance, wear resistance, and good sealing ([0054]).
The Examiner notes that a film comprising a polymer material such is FEP is a breathable film, as evidenced by [0168]-[0169] of the instant specification.
It would have been obvious to one of ordinary skill in the art to form film of Huang to be made of FEP, as taught by Li, in order to achieve corrosion resistance, wear resistance, and good sealing, wherein the skilled artisan would have reasonable expectation that such would successfully break when the gas pressure in the battery cell of Huang reaches a given value so as to release high-pressure gas outside of the battery cell, as desired by Huang.
Thus, modified Huang discloses wherein the film (12 of Huang) comprises FEP ([0054] of Li) and therefore modified Huang discloses wherein the film (12 of Huang) is a breathable film, as evidenced by [0168]-[0169] of the instant specification.
Modified Huang further discloses wherein the fixing member (13 of Huang) includes an enclosure, a first limiting part and a second limiting part, the second limiting part having a second limiting surface extending in a plane that is located below a plane including a second end face surface of a second end face of the cover plate (Fig. 12 and [0113] of Huang).
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Consequently, modified Huang does not disclose the second limiting part having a second limiting surface extending in a plane including a second end face surface of a second end face of the cover plate.
Zhang teaches in Figs. 3-9 an end cover assembly (1) for a battery cell comprising a cover plate (11), provided with a pressure relief hole (111) penetrating through the cover plate (11) in a thickness direction, a film (12), arranged opposite to the pressure relief hole (111) and configured to exhaust gas inside the battery cell, and a fixing member (13), configured to connect the cover plate (11) to the film (12), the fixing member (13) includes an enclosure, a first limiting part, and a second limiting part, the second limiting part having a second limiting surface extending in a plane including a second end face surface of a second end face of the cover plate (Fig. 9, [0073]-[0074]).
It would have been obvious to one of ordinary skill in the art to modify the fixing member of modified Huang such that the second limiting surface of the second limiting part of modified Huang extends in a plane including a second end face surface of a second end face of the cover plate of modified Huang, as taught by Zhang, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form a fixing member that connects the cover plate of modified Huang to the breathable film of modified Huang, as desired by modified Huang.
Modified Huang further discloses a desire to achieve good sealing between the fixing member (13 of Huang) and the breathable film (12 of Huang) ([0113] of Huang).
However, modified Huang does not disclose wherein the first limiting part includes a protrusion extending from the first limiting part in the thickness direction and spaced away from the enclosure and wherein the end cover assembly further comprises a sealing member for sealing a connection region between the fixing member and the breathable film, the sealing member and the breathable film are stacked in the thickness direction, and the sealing member is clamped and fixed between the fixing member and the breathable film, the sealing member comprises a first sealing portion and a second sealing portion, the first sealing portion is arranged on an inner side wall of the fixing member along a circumferential direction, and the second sealing portion extends into the fixing member in a first direction and abuts against the fixing member and the breathable film, wherein the first direction is perpendicular to the thickness direction.
Li further teaches in Fig. 4 the end cover assembly (100) further comprising:
a fixing member (20) configured to connect the cover plate (10) to the breathable film (30), wherein the fixing member (20) includes an enclosure and a first limiting part (21),
wherein the first limiting part (21) includes a protrusion extending from the first limiting part in the thickness direction and spaced apart from the enclosure ([0063]),
a sealing member (22) for sealing a connection region between a fixing member (21) and the breathable film (30), the sealing member (22) and the breathable film (30) are stacked in a thickness direction, and the sealing member (22) is clamped and fixed between the fixing member (21) and the breathable film (30), the sealing member (22) a first sealing portion and a second sealing portion, the first sealing portion is arranged on an inner side wall of the fixing member (21) along a circumferential direction, and the second sealing portion extends into the fixing (21) member in a first direction and abuts against the fixing member (20) and the breathable film (30), wherein the first direction is perpendicular to the thickness direction (Fig. 4 and [0067]).
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Specifically, Li teaches wherein the sealing member (22) improves the sealing and stability of the breathing film (30) ([0067]).
It would have been obvious to one of ordinary skill in the art to modify the first limiting part of modified Huang to include a protrusion extending from the first limiting part in the thickness direction and spaced away from the enclosure of modified Huang and to further utilize a sealing member for sealing a connection region between the fixing member of modified Huang and the breathable film of modified Huang, wherein the sealing member and the breathable film stacked in the thickness direction and the sealing member is clamped and fixed between the fixing member and the breathable film, wherein the sealing member comprises a first sealing portion and a second sealing portion, the first sealing portion is arranged on an inner side wall of the fixing member along a circumferential direction, and the second sealing portion extends into the fixing member in a first direction and abuts against the fixing member and the breathable film, wherein the first direction is perpendicular to the thickness direction, as further taught by Li, in order to improve the sealing of the breathable film, as desired by modified Huang, in addition to the stability of the breathable film.
Regarding Claim 2, modified Huang discloses all of the limitations as set forth above and further discloses wherein the fixing member (13 of Huang) clamps the breathable film (12 of Huang), so that the breathable film (12 of Huang) is fixed to the fixing member (13 of Huang) (Fig. 12 and [0083], [0113] of Huang).
Regarding Claim 3, modified Huang discloses all of the limitations as set forth above and further discloses wherein the fixing member (13 of Huang) covers the periphery of the breathable film (12 of Huang) in a circumferential direction, allowing the fixing member (13 of Huang) to clamp the breathable film (12 of Huang) (Figs. 4, 12 and [0083], [0113] of Huang).
Regarding Claim 4, modified Huang discloses all of the limitations as set forth above and further discloses wherein the fixing member (13 of Huang) has a through hole and a plug-in opening (133 of Huang), the through hole is arranged opposite to the pressure relief hole (111 of Huang), and the breathable film (12 of Huang) covers the through hole and at least partially extends into the fixing member (13 of Huang) through the plug-in opening (133 of Huang) (Figs. 4, 12 and [0083], [0113] of Huang).
Regarding Claim 5, modified Huang discloses all of the limitations as set forth above and further discloses wherein the fixing member (13 of Huang) comprises the enclosure, the first limiting part and the second limiting part, the first limiting part and the second limiting part are both arranged on an inner side wall of the enclosure along a circumferential direction of the enclosure, the first limiting part and the second limiting part are arranged at intervals in the thickness direction, the enclosure, the first limiting part and the second limiting part jointly define an accommodating space, wherein the breathable film (12 of Huang) is at least partially located in the accommodating space (Fig. 12 and [0113] of Huang).
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Regarding Claim 6, modified Huang discloses all of the limitations as set forth above and further discloses wherein the breathable film (12 of Huang) comprises a body portion and an edge portion, the body portion is configured to exhaust gas inside the battery cell, the edge portion is connected to the body portion and at least partially extends into the accommodating space along a first direction which is perpendicular to the thickness direction ([0080], [0113] and Fig. 12 of Huang).
Regarding Claim 7, modified Huang discloses all of the limitations as set forth above and further discloses wherein the edge portion abuts against at least one of the first limiting part and the second limiting part (Fig. 12 and [0113] of Huang).
The Examiner notes that the limitation “to prevent the breathable film from moving relative to the connecting member along the thickness direction” is intended use and therefore is not given patentable weight aside from the structure required to perform such function.
Thus, because modified Huang discloses wherein the edge portion abuts against both the first limiting part and the second limiting part and achieves improved sealing performance (Fig. 12 and [0113] of Huang), such reads on the limitation “to prevent the breathable film from moving relative to the connecting member along the thickness direction” absent any persuasive evidence provided by the Applicant.
Regarding Claim 15, modified Huang discloses all of the limitations as set forth above and further discloses wherein the fixing member (13 of Huang) at least partially extends into the pressure relief hole (111 of Huang) and is in a sealed connection with the cover plate (11 of Huang) (Figs. 4, 12 and [0113] of Huang).
However, modified Huang does not disclose wherein an orthogonal projection of the fixing member in the thickness direction is located in the pressure relief hole.
Li further teaches in Fig. 4 wherein an orthogonal projection (40) may abut against the breathable film (30) in order to control the pressure threshold of the breathable film (30) ([0056]).
It would have been obvious to one of ordinary skill in the art to form an orthogonal projection, as further taught by Li, on the fixing member of modified Huang in the thickness direction located in the pressure relief hole of modified Huang, in order to control the pressure threshold of the breathable film of modified Huang.
Regarding Claim 16, modified Huang discloses all of the limitations as set forth above and further discloses wherein the cover plate (11 of Huang) has a first end face and the second end face arranged opposite to each other in the thickness direction, and the fixing member (13 of Huang) does not exceed at least one of the first end face and the second end face in the thickness direction (Figs. 4 and 12 of Huang).
Regarding Claim 18, modified Huang discloses all of the limitations as set forth above and discloses wherein the breathable film (12 of Huang) is further actuated to release an internal pressure of the battery cell when the internal pressure or temperature reaches a threshold value ([0080] of Huang and [0052], [0054] of Li), a strength of the cover plate (11 of Huang) is greater than a strength of the breathable film (12 of Huang), so that the breathable film (12 of Huang) ruptures prior to the cover plate (11 of Huang) when the internal pressure or temperature of the battery cell reaches a threshold value, so as to release the internal pressure of the battery cell, the breathable film (12 of Huang) further comprises a polymer material ([0072], [0080] of Huang and [0054], [0071] of Li, wherein the cover plate is made of metal and the breathable film is made of FEP).
Regarding Claim 19, modified Huang discloses in Fig. 1 a battery cell ([0067] of Huang) comprising:
a case (3 of Huang), which has an opening ([0071] of Huang);
an electrode assembly (2 of Huang) accommodated in the case (3 of Huang) ([0071] of Huang); and
the end cover assembly (1 of Huang) as set forth above, the cover plate (11 of Huang) being configured to cover the opening, and the breathable film (12 of Huang) being configured to exhaust gas inside the battery cell ([0072], [0076] of Huang).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN 110400895 A, cited on the IDS dated July 27, 2025, wherein US PGPub 2021/0036285 A1 is relied on as an English translation) in view of Li et al. (CN 112234309 A, cited on the IDS dated July 27, 2025, see also the EPO machine generated English translation provided with the Office Action dated August 6, 2025) and Huang et al. (CN 209880668 U, wherein US PGPub 2022/0123417 A1 is relied on as an English translation), hereinafter referred to as Zhang, as applied to Claim 7 above, and further in view of Kempf (EP 3046161 A1, see also the EPO machine generated English translation provided with the Office Action dated August 6, 2025).
Regarding Claims 8-9, modified Huang discloses all of the limitations as set forth above and discloses a desire to connect the breathable film (12 of Huang) with the first limiting part and the second limiting part of the fixing member (13 of Huang) (Fig. 12 and [0083] of Huang).
However, modified Huang does not disclose wherein the edge portion is laminated and connected with one of the first limiting part and the second limiting part and further wherein the breathable film is integrally formed with one of the first limiting part and the second limiting part.
Kempf teaches a battery cell comprising a film configured to exhaust gas inside the battery cell ([0005]).
Specifically, Kempf teaches wherein the film may be formed with a fixing member (membrane carrier) made of a different material using a multi-component injection molding process ([0010]).
It would have been obvious to one of ordinary skill in the art to form the breathable film of modified Huang using a multi-component injection molding process, as taught by Kempf, in order to connect the breathable film with the fixing member of modified Huang, as desired by modified Huang.
The Examiner notes that the instant specification discloses wherein the breathable film may be integrally formed with the fixing member by injection molding ([00145]).
Thus, because modified Huang discloses wherein the breathable film (12 of Huang) is connected to the fixing member (13 of Huang) by injection molding ([0010] of Kempf), modified Huang discloses wherein the edge portion is laminated and connected with one of the first limiting part and the second limiting part and further wherein the breathable film (12 of Huang) is integrally formed with one of the first limiting part and the second limiting part, as evidenced by [00145] of the instant specification.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN 110400895 A, cited on the IDS dated July 27, 2025, wherein US PGPub 2021/0036285 A1 is relied on as an English translation) in view of Li et al. (CN 112234309 A, cited on the IDS dated July 27, 2025, see also the EPO machine generated English translation provided with the Office Action dated August 6, 2025) and Huang et al. (CN 209880668 U, wherein US PGPub 2022/0123417 A1 is relied on as an English translation), hereinafter referred to as Zhang, as applied to Claim 1 above, and further in view of Lee et al. (US PGPub 2012/0100404 A1).
Regarding Claim 21, modified Huang discloses all of the limitations as set forth above and further discloses:
wherein the cover plate (11 of Huang) includes a first end face (Fig. 12 of Huang),
the fixing member (13 of Huang) including the first limiting part (Fig. 12 of Huang).
Specifically, modified Huang discloses a sealing member (22 of Li) for sealing a connection region between the fixing member (13 of Huang) and the breathable film (12 of Huang), the sealing member (22 of Li) includes a first sealing portion arranged on an inner side wall of the first limiting part (Fig. 12 of Huang and Fig. 4, [0067] of Li, as rendered obvious above), and therefore modified Huang suggests a desire to provide electrical insulation to the inner side wall of the first limiting part.
Moreover, modified Huang discloses wherein the fixing member (13 of Huang) is made of an alloy ([0091] of Huang).
Specifically, modified Huang discloses wherein the first sealing portion has a lower surface extending in a plane that is higher than a plane including a first limiting part surface of the first limiting part and a first end face surface of the first end face (Fig. 4 of Li).
Consequently, modified Huang does not disclose the first sealing portion having a lower surface extending in a plane including a first limiting part surface of the first limiting part and a first end face surface of the first end face.
Lee teaches a sealing member (140) for a battery cell, wherein the configuration of the sealing member (140) is not particularly limited so long as it includes a first sealing portion arranged on an inner side wall of a member (150) so as to surround the outer circumference of the member (150) in order to electrically insulate the member (150) (Figs. 1-7, [0030]).
For example, Lee teaches the sealing member (140) including a first sealing portion having a lower surface extending in a plane including a surface of the member (150) (Fig. 2).
It would have been obvious to one of ordinary skill in the art to extend the first sealing portion of the sealing member of modified Huang such that the first sealing portion has a lower surface extending in a plane including a first limiting part surface of the first limiting part of modified Huang and a first end face surface of the first end face of modified Huang, as taught by Lee, in order to provide additional electrical insulation to the inner side wall of the first limiting part.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The invention of Claim 22 is directed to the end cover assembly for the battery cell as set forth above, further comprising:
a sealing member for sealing a connection region between the fixing member and the breathable film, the sealing member includes a first sealing portion, a second sealing portion, and a third sealing portion,
wherein the protrusion contacts the first sealing portion and the second sealing portion, and
the protrusion and the third sealing portion are separated by a gap.
The closest prior art is considered to be Huang et al. (CN 110400895 A, cited on the IDS dated July 27, 2025, wherein US PGPub 2021/0036285 A1 is relied on as an English translation), and further in view of Li et al. (CN 112234309 A, cited on the IDS dated July 27, 2025, see also the EPO machine generated English translation provided with the Office Action dated August 6, 2025) and Huang et al. (CN 209880668 U, wherein US PGPub 2022/0123417 A1 is relied on as an English translation), hereinafter referred to as Zhang, as applied to Claim 1 above.
Regarding Claim 22, modified Huang discloses all of the limitations as set forth above and discloses:
a sealing member (22 of Li) a for sealing a connection region between the fixing member (13 of Huang) and the breathable film (12 of Huang), the sealing member (22 of Li) includes a first sealing portion, a second sealing portion, and a third sealing portion (Fig. 4, [0067] of Li, as rendered obvious above).
wherein the protrusion contacts the first sealing portion and the second sealing portion (Fig. 4 of Li).
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Specifically, modified Huang discloses wherein the sealing member (22 of Li) improves the sealing and stability of the breathing film (12 of Huang, corresponding to 30 of Li) ([0067] of Li).
However, modified Huang does not disclose wherein the protrusion and the third sealing portion are separated by a gap.
The Examiner notes that the instant specification discloses that when the protrusion and the third sealing portion are separated by a gap, a position limitation of the sealing member can be achieved, so as to ensure a stable fitting performance of the sealing member, the breathable film, and the fixing member ([00174]).
It would not have been obvious to one of ordinary skill in the art to modify the fixing member and the sealing member of modified Huang, such that the protrusion of modified Huang and the third sealing portion of modified Huang are separated by a gap, as called for in the claimed invention, as such a configuration was neither disclosed nor suggested by the prior art and therefore the skilled artisan would not have been motivated to do so nor would have reasonable expectation that doing so would ensure a stable fitting performance of the sealing member, the breathable film, and the fixing member, as realized by the claimed invention.
In light of the above, the closest prior art fails to disclose, teach, suggest, or render obvious the claim limitation “the protrusion and the third sealing portion are separated by a gap” in combination with all of the other limitations taken as a whole.
Response to Arguments
Applicant’s arguments with respect to amended Claim 1 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.
Kim et al. (US PGPub 2007/0015046 A1) teaches in Figs. 2A-2C a fixing member (300) including an enclosure, a first limiting part, and a second limiting part, wherein the first limiting part includes a protrusion (e.g. 301, 302, 303) extending from the first limiting part in the thickness direction and spaced away from the enclosure in order to improve sealing properties ([0012], [0045]-[0046]).
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 KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BASIA RIDLEY can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY WYLUDA/Examiner, Art Unit 1725 what