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 .
Status of Application
Claims 1-28 are pending and presented for examination on the merit.
Claim Objections
Claim 8 is objected to because the number “42” in line 5 should be deleted. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13, 18, and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a housing” in line 2 and “a plastic housing” in line 8. It is unclear whether these housing are the same. For examination purposes, they are considered the same. Dependent claims 2-13 are rejected for depending on the indefinite claim 1.
Further, each of claims 8 and 23 recite “the first receiving and affixing portion”, “the second receiving and affixing portion”, and so on, respectively. The terms lack sufficient antecedent basis for in the claims because independent claims 1 and 14 seem to require only one such portion in lines 9 and 3, respectively. Meanwhile, these parent claims specify that “the battery cell tab receiving and affixing portion including individual receiving and affixing sections for receiving and coupling the battery cell tabs to the tab collection element and to each other”, respectively. The claims in question thus raise questions whether the they now require multiples of the receiving and affixing portions, or, they refer to the individual receiving and affixing sections mentioned in the parent claims. For examination purposes, the latter interpretation is used for the terms in claims 8, 10, 12, 23, 25, and 27.
Claim 18 recites “the exterior carrier portion” and “the support portions” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the instant claim is considered to depend on 17.
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 1-27 are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0248062 to Lee, in view of US 2008/0131761 to Liu et al.
Regarding claim 1, Lee teaches a battery pack, comprising:
a housing including a cell holder 110 (Figs. 1, 3, and 4; [0032]);
a protective circuit module corresponding to the claimed printed circuit board (PCB) for having detectors for measuring status variables such as temperature, voltage, and current of the battery cells C and a plurality of sensing lines for transmitting the information ([0069]);
a plurality of battery cells C, each of the plurality of battery cells including a pair of battery cell tabs 11, 12, the pair of battery cells tabs including a negative tab and a positive tab (Figs. 2 and 3; [0033]);
portions of output terminals 130 and/or cables 155 corresponding to a set of core pack battery straps including a negative battery strap and a positive battery strap (Figs. 3, 4, and 6; [0045-47]);
a tab collection element including connection tabs 120 or pairs of first and second connection tabs 121 and 122, including a battery cell tab receiving and affixing portion, the battery cell tab receiving and affixing portion including individual receiving and affixing sections for receiving and coupling the battery cell tabs to the tab collection element and to each other, the receiving and affixing sections including a first section type for receiving and affixing a single battery cell tab, and a second section type for receiving and affixing two battery cell tabs, the first section type including a single tab receiving slot and a tab affixing portion and the second section type including two tab receiving slots and a tab affixing portion between the two tab receiving slots (see annotated Fig. 3 below; [0036-40]).
Below is annotated Fig. 3 of Lee.
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Lee does not expressly teach that the tab collection element is formed of a stamped metal and within a plastic housing.
Liu et al. also relates to a battery pack and teaches that the battery pack or Li-polymer battery 1 comprises a tab collection element including metal conducting strip bar 22 of a stamped metal (Fig. 2; [0029]; [0035]) that is joined to a mounting board 21 made out of an electrically insulative material such as plastic (Fig. 2; [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because Liu et al. demonstrates that tab collection elements are known to be made of stamped metal for electrically connecting to the tabs (Fig. 2; [0029]; [0033]; [0035]) and be supported by a plastic housing that serves as a holder for battery cells and a mounting support for the tab collection elements (Fig. 2; [0033]; [0039]).
Regarding claim 2, Lee teaches that the first section type further includes a terminal section for coupling to the set of core pack battery straps (Figs. 3 and 4; [0045-47]).
Regarding claim 3, Lee teaches that a first one of the first section type includes a first terminal section coupling the first one of the first section type to the negative core pack battery strap and a second one of the first section type includes a second terminal section coupling the second one of the first section type to the positive core pack battery strap (Figs. 3 and 4; [0045-47]).
Regarding claims 4 and 6, since the claimed exterior carrier portion and connecting sections are removed, they are not required in the product.
Regarding claim 5, Lee teaches a protective circuit module to control charging and discharging operations of the battery cells C by measuring status variable such as temperature, voltage, and current and transmitting the information through a plurality of sensing lines arranged on the cell holder ([0069]). This suggests at least a flexible circuit and a voltage sensing element.
Lee does not expressly teach that the second section type includes a voltage sense tab, the voltage sense tab extending generally perpendicularly from the second section type for connection to the flexible circuit and the voltage sense tab of each of the second section type are connected to the flexible circuit.
Liu et al. also relates to a battery pack and teaches a sensor connector 30 comprising a connector body 31 and a plurality of metal terminals 32 installed in holes of intermediate metal conducting strips 221C (second section type) of the metal conducting strip bar 22 (tab collection element), the metal terminals 32 (voltage sense tab) extending downwards (generally perpendicularly from the second section type) for connection to a sensor holder that holds a voltage sensor (not shown) (Figs. 2-4; [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a flexible circuit and a voltage sense tab connecting the second section type to the flexible circuit as claimed, because Lee and Liu et al. demonstrate similar elements for monitoring and controlling status variables such as voltage of the battery cells through connections between the tab collection element and voltage sensing arrangements.
Regarding claim 7, Lee teaches that the battery cell tabs of the plurality of battery cells are received in the tab receiving slots or tab holes 121’ of the receiving and affixing portion of the connection tab 120 or the first connection tab 121 (Fig. 3; [0034-39]).
Regarding claim 8, Lee teaches that (1) a first battery cell is received by the cell holder 110 (corresponding to the claimed plastic housing) such that a negative tab of the first battery cell is received in a first slot of a first receiving and affixing section and a positive tab of the first battery cell is received in a first slot of a second receiving and affixing section, (2) a second battery cell is received by the cell holder 110 such that a negative tab of the second battery cell is received in a second slot of the second receiving and affixing section and a positive tab of the second battery cell is received in a first slot of a third receiving and affixing section, (3) a third battery cell is received by the cell holder 110 such that a negative tab of the third battery cell is received in a second slot of the third receiving and affixing section and a positive tab of the third battery cell is received in a first slot of a fourth receiving and affixing section, and (4) a fourth cell is received by the cell holder 110 such that a negative tab of the fourth battery cell is received in a second slot of the fourth receiving and affixing section and a positive tab of the fourth battery cell is received in a first slot of a fifth receiving and affixing section (Fig. 3; [0034-39]), the negative and positive tabs of each battery arbitrarily designated.
Although Lee does not expressly teach a fifth battery cell or a sixth receiving and affixing section as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee.
Regarding claim 9, Lee teaches that the cell tabs are folded or bent onto an associated tab affixing portion (Fig. 3; [0035]; [0039]).
Regarding claim 10, Lee teaches that (1) the negative tab of the first battery cell is folded onto a tab affixing portion of the first receiving and affixing section, (2) the positive tab of the first battery cell and the negative tab of the second battery cell are folded onto a tab affixing portion of the second receiving and affixing section, (3) the positive tab of the second battery cell and the negative tab of the third battery cell are folded onto a tab affixing portion of the third receiving and affixing section, (4) the positive tab of the third battery cell and the negative tab of the fourth battery cell are folded onto a tab affixing portion of the fourth receiving and affixing section, and (5) the positive tab of the fourth battery cell is folded onto a tab affixing portion of the fifth receiving and affixing section (Fig. 3; [0034-39]).
Although Lee does not expressly teach a fifth battery cell or a sixth receiving and affixing section as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee and folded the tabs accordingly.
Regarding claim 11, Lee teaches that the cell tabs are affixed to each other and to the associated tab affixing portion as welding is used to couple the connection tabs 120 and the electrode tabs 11, 12 and, as a result, the electrode tabs 11, 12 are coupled to each other ([0037]; [0040]).
Regarding claim 12, Lee teaches that (1) the negative tab of the first battery cell is affixed to the tab affixing portion of the first receiving and affixing section, (2) the positive tab of the first battery cell and the negative tab of the second battery cell are affixed to each other and to the tab affixing portion of the second receiving and affixing section, (3) the positive tab of the second battery cell and the negative tab of the third battery cell are affixed to each other and to the tab affixing portion of the third receiving and affixing section, (4) the positive tab of the third battery cell and the negative tab of the fourth battery cell are affixed to each other and to the tab affixing portion of the fourth receiving and affixing section, and (5) the positive tab of the fourth battery cell is affixed to the tab affixing portion of the fifth receiving and affixing section ([0037]; [0040]).
Although Lee does not expressly teach a fifth battery cell or a sixth receiving and affixing section as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee and affixed the tabs accordingly.
Regarding claim 13, the instant claim is a product-by-process claim and only the structure resulting from the process limitation carries patentable weight. In this case, a weld is considered to join the cell tabs to each other and to the tab affixing portion.
Lee teaches that welding is used to couple the connection tabs 120 and the electrode tabs 11, 12 and, as a result, the electrode tabs 11, 12 are coupled to each other ([0037]; [0040]). The claim is met.
Regarding claim 14, Lee envisions a method of forming a battery pack comprising the step of forming a tab collection element including connection tabs 120 or pairs of first and second connection tabs 121 and 122, the tab collection element including a battery cell tab receiving and affixing portion, the battery cell tab receiving and affixing portion including individual receiving and affixing sections for receiving and coupling a plurality of battery cell tabs to the tab collection element and to each other, the receiving and affixing sections including a first section type for receiving and affixing a single battery cell tab and a second section type for receiving and affixing two battery cell tabs, the first section type including a single tab receiving slot and a tab affixing portion and the second section type including two tab receiving slots and a tab affixing portion between the two tab receiving slots (see annotated Fig. 3 above; [0036-40]).
Lee teaches that the tab collection element is coupled to a housing including a cell holder 110 (Figs. 1, 3, and 4; [0032]), but does not expressly teach that the tab collection element of made of a stamped metal or the steps of placing the tab collection element in a mold and injection molding plastic material into the mold about the tab collection element to form the housing.
Liu et al. also relates to a method of forming a battery pack and teaches the steps of forming a tab collection element, including metal conducting strip bar 22, of a stamped metal ([0029]; [0035]), the tab collection element including a battery cell tab receiving and affixing portion, the battery cell tab receiving and affixing portion including individual receiving and affixing sections including a plurality of metal conducting strips 221 for receiving and coupling a plurality of battery cell tabs to the tab collection element and to each other (Fig. 2; [0029]), the receiving and affixing sections including a first section type for receiving and affixing a single battery cell tab, e.g. a left-side metal conducting strip 221A and/or a right-side metal conducting strip 221B, and a second section type for receiving and affixing two battery cell tabs including a plurality of intermediate metal conducting strips 221C (Figs. 2 and 6; [0033]; [0035]; [0039]); placing the tab collection element in a mold; and injection molding plastic material into the mold about the tab collection element to form a housing including mounting board 21 (Figs. 2 and 6; [0031]; [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the tab collection element from a stamped metal and injection molded the cell holder about the connection tabs 120 or first connection tabs 121 of Lee in a mold as claimed, because Liu et al. demonstrates that stamping is a known technique to produce metal conducting element for tab connections ([0012]; [0035]) and forming the mounting board or cell holder and the tab collection element integrally through an injection molding process simplifies the fabrication and assembly of the battery, improves the manufacturing efficiency and economic effect of the product, and lowers the cost of the product ([0008]). The skilled artisan would have obtained expected results applying known techniques to produce a similar product.
Regarding claims 15 and 16, Liu et al. demonstrates that the tab collection element including the plurality of metal conducting strips 221 is formed with two exterior connecting strips 222 and 223 at two sides of the stamping (Figs. 2; [0029]; [0031])
Although Liu et al. does not expressly teach that the collection element is formed with an exterior carrier portion about the perimeter of the stamping per claim 15, or specifically, that the exterior carrier portion is formed with two first, opposing side sections and two second, opposing side sections generally perpendicular to the two first, opposing side sections, wherein the exterior carrier portion is continuous about the metal stamping per claim 16.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because one of ordinary skill in the art would have adjusted the design for the stamping step according to the shapes and sizes of the receiving and affixing portion of the tab collection element and would have used a four-sided exterior carrier portion as claimed so that the pieces of the connection tabs 120 or the first connection tabs 121 of Lee would be held together for easy handling in the subsequent steps.
Regarding claim 17, Liu et al. teaches that the connecting strips 222 and 223 (exterior carrier portion) are separated from the metal conducting strips 221 (the battery cell tab receiving and affixing portion of the tab collection element) through the tearing lines 22A (Figs. 3 and 4; [0031]). Portions connecting the metal conducting strips 221 and the connecting strips 222 and 223 read on the claimed support portions. Such support portions would have been present in the structure of Lee modified by Liu.
Regarding claim 18, Liu et al. teaches that the connecting strips 222 and 223 (exterior carrier portion) are separated from the metal conducting strips 221 (the battery cell tab receiving and affixing portion of the tab collection element) through the tearing lines 22A (Figs. 3 and 4; [0031]). The exterior carrier portion and the support portions are extending from the mounting board 21 (the housing) in order to be removed after injection molding (Fig. 3; [0031]). In the method of Lee modified by Liu, the tab collection element including the connection tabs 120 or the first connection tabs 121 of Lee would have been formed with the exterior carrier portion and the support portions extending from the housing so that they would be removed subsequently as demonstrated by Liu et al.
Regarding claim 19, Liu et al. teaches that the connecting strips 222 and 223 (exterior carrier portion) are separated from the metal conducting strips 221 (the battery cell tab receiving and affixing portion of the tab collection element) through the tearing lines 22A (Figs. 3 and 4; [0031]). In the method of Lee modified by Liu, the exterior carrier portion and the support portions would have been removed from the battery cell tab receiving and affixing portion.
Regarding claim 20, in the method of Lee modified by Liu, removing the exterior carrier portion and the support portions from the battery cell tab receiving and affixing portion would have electrically separated the individual receiving and affixing sections from each other (Liu Figs. 2-4; Lee Figs. 3 and 4).
Regarding claim 21, Lee teaches the step of adding a plurality of pouch cell type battery cells C to the housing including the cell holder 110, each of the plurality of battery cells including a pair of battery cell tabs 11, 12, the pair of battery cells tabs including a negative tab and a positive tab, the negative tab and the positive tab located on a single edge of the battery cell (Figs. 1, 3, and 4; [0032]; [0033]).
Regarding claim 22, Lee teaches the step of receiving the plurality of pouch cell type battery cells in the housing including the cell holder 110 such that the battery cell tabs 11, 12 of the plurality of battery cells are received in the tab receiving slots of the receiving and affixing portion of the connection tabs 120 or pairs of first and second connection tabs 121 and 122 (Fig. 3; [0034-39]).
Regarding claim 23, Lee teaches the steps of (1) receiving a first battery cell by the housing including the cell holder 110 such that a negative tab of the first battery cell is received in a first slot of a first receiving and affixing section and a positive tab of the first battery cell is received in a first slot of a second receiving and affixing section, (2) receiving a second battery cell by the housing such that a negative tab of the second battery cell is received in a second slot of the second receiving and affixing section and a positive tab of the second battery cell is received in a first slot of a third receiving and affixing section, (3) receiving a third battery cell by the housing such that a negative tab of the third battery cell is received in a second slot of the third receiving and affixing section and a positive tab of the third battery cell is received in a first slot of a fourth receiving and affixing section, and (4) receiving a fourth battery cell by the housing such that a negative tab of the fourth battery cell is received in a second slot of the fourth receiving and affixing section and a positive tab of the fourth battery cell is received in a first slot of a fifth receiving and affixing section (Fig. 3; [0034-39]), the negative and positive tabs of each battery arbitrarily designated.
Although Lee does not expressly teach receiving a fifth battery cell by the housing such that a negative tab of the fifth battery cell is received in a second slot of the fifth receiving and affixing section and a positive tab of the fifth battery cell is received in a first slot of a sixth receiving and affixing section, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee.
Regarding claim 24, Lee teaches the step of folding or bending the cell tabs onto an associated tab affixing portion (Fig. 3; [0035]; [0039]).
Regarding claim 25, Lee teaches the steps of (1) folding the negative tab of the first battery cell onto a tab affixing portion of the first receiving and affixing section, (2) folding the positive tab of the first battery cell and the negative tab of the second battery cell onto a tab affixing portion of the second receiving and affixing section, (3) folding the positive tab of the second battery cell and the negative tab of the third battery cell onto a tab affixing portion of the third receiving and affixing section, (4) folding the positive tab of the third battery cell and the negative tab of the fourth battery cell onto a tab affixing portion of the fourth receiving and affixing section, and (5) folding the positive tab of the fourth battery cell onto a tab affixing portion of the fifth receiving and affixing section (Fig. 3; [0034-39]).
Although Lee does not expressly teach a fifth battery cell and a sixth receiving and affixing section as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee and folded the tabs accordingly.
Regarding claim 26, Lee teaches the step of affixing the cell tabs to each other and to the associated tab affixing portion as welding is used to couple the connection tabs 120 and the electrode tabs 11, 12 and, as a result, the electrode tabs 11, 12 are coupled to each other ([0037]; [0040]).
Regarding claim 27, Lee teaches the step of (1) affixing the negative tab of the first battery cell to the tab affixing portion of the first receiving and affixing section, (2) affixing the positive tab of the first battery cell and the negative tab of the second battery cell to the tab affixing portion of the second receiving and affixing section, (3) affixing the positive tab of the second battery cell and the negative tab of the third battery cell to the tab affixing portion of the third receiving and affixing section, (4) affixing the positive tab of the third battery cell and the negative tab of the fourth battery cell to the tab affixing portion of the fourth receiving and affixing section, (5) affixing the positive tab of the fourth battery cell to the tab affixing portion of the fifth receiving and affixing section ([0037]; [0040]).
Although Lee does not expressly teach a fifth battery cell or a sixth receiving and affixing section as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the number of cells in the battery pack is adjustable according to the intended application and one of ordinary skill in the art would have been able to include more cells and more corresponding receiving and affixing sections based on the arrangement taught by Lee and affixed the tabs accordingly.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Lee and Liu et al. as applied to claim 26 above, in view of JP 2019061949 to Matsuura et al. (machine translation provided for citation).
Regarding claim 28, Lee teaches that welding is used to couple the connection tabs 120 and the electrode tabs 11, 12 and, as a result, the electrode tabs 11, 12 are coupled to each other ([0037]; [0040]), but does not specify laser welding.
Matsuura et al. also relates to a method comprising a step of welding battery cell tabs to a conductive member and teaches a laser welding method (abstract; [0001]; [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have affixed the cell tabs to each other and to the tab affixing portion of Lee by laser welding, motivated by the fact that Matsuura et al. demonstrates that laser welding forms a second weld where a first weld has been formed in order to suppress the occurrence of breakage of the tabs (Fig. 6; [0009]; [0043]). The skilled artisan would have obtained expected results applying a known technique to a similar method.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENG M CHAN whose telephone number is (571)270-5859. The examiner can normally be reached 9 am - 5:30 pm on Monday, 9 am - 3 pm on Tuesday, and 9 am to 1 pm on Wednesday and Thursday.
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/Heng M. Chan/Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725