DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/14/25 has been entered.
Response to Amendment
Claims 1, 2, 8, 9, 11, 14, 15, 17-19, 21-26, and 30-43 are currently pending. Claims 3-7, 10, 12, 13, 16, 20, and 27-29 are cancelled. The previous objection to the drawings is withdrawn. The previously stated 112, 1st paragraph rejection of claims 1, 2, 8, 9, 11, 14, 15, 17-19, 21-26, and 30-43. The amended claim 1 does not overcome the previously stated 103 rejections. Therefore, upon further consideration, claims 1, 2, 8, 9, 11, 14, 15, 17-19, 21-26, and 30-43 are rejected under the following 103 rejections.
Priority
Priority to U.S. Provisional Application No. 63/221,998, 63/222,296, 63/222,015, 63/222,295, 63/350,641, 63/222,010, 63/222,299, 63/350,687 is not granted for any of the claims because of lack of support for the claimed subject matter. For example, U.S. Provisional Application No. 63/221,998, 63/222,296, 63/222,015, 63/222,295, 63/350,641, 63/222,010, 63/222,299, 63/350,687 do not provide support for the limitations “the hermetically sealed enclosure comprises first and second vertical sides separated from each other in the vertical direction, each of the first and second vertical sides comprising respective interior vertical surfaces, the interior vertical surface of the first vertical side being affixed to the first vertical growth constraint, and the interior vertical surface of the second vertical side being affixed to the second vertical growth constraint, the hermetically sealed enclosure further comprising opposing external vertical surfaces separated from each other in the vertical direction”.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/14/25 was filed after the mailing date of the Final Rejection on 3/12/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 2, 8, 9, 11, 14, 15, 17-19, 22-26, and 30-41 are rejected under 35 U.S.C. 103 as being unpatentable over Busacca et al (US 2020/0313146) in view of Song (US 2011/0151292), Busacca et al (US 10,256,507), and further in view of Busacca et al (US 2020/0212493).
Regarding claims 1 and 22, Busacca ‘146 discloses a secondary battery “102” (sealed secondary battery cell) chargeable between a charged state and a discharged state, the secondary battery comprising a battery enclosure “104” (hermetically sealed case), an electrode assembly “106” enclosed by the battery enclosure, a set of electrode constraints ([0074],[0079],[0187]), wherein,
the electrode assembly has a substantially polyhedral shape with mutually perpendicular transverse, longitudinal and vertical axes corresponding to the x, y and z axes, respectively, of an imaginary three-dimensional Cartesian coordinate system, wherein the electrode assembly has a maximum length LEA along the transverse axis, a maximum width WEA along the longitudinal axis, and a maximum height HEA along the vertical axis, wherein the ratio of the maximum length to the maximum height may be at least 20:1 and the ratio of maximum width to the maximum height may be at least 20:1, wherein an electrode assembly having dimensions of LEA:WEA:HEA of 20:20:1 would inherently have a ratio of combined surface area of opposing vertical surfaces to each of combined surface area of opposing longitudinal surfaces and combined surface area of opposing transverse surfaces that is 20:1 ([0095]-[0097] and Fig. 2A),
20the electrode assembly further comprising an electrode busbar “600”, an electrode structure population “110”, an electrically insulating separator population “130”, a counter-electrode busbar “602”, and a counter-electrode structure population “112”, wherein members of the electrode structure, electrically insulating separator and counter-electrode structure populations are stacked in an alternating sequence in the longitudinal direction ([0090],[0142]); wherein members of the secondary battery cell population, a length LES of each member of the electrode structure population and a length LES of each member of the counter-electrode structure 5population that are measured in the transverse direction of their central longitudinal axis, a width WES of each member of the electrode structure population and a width WES of each member of the counter-electrode structure population that are measured in the longitudinal direction, and a height HES of each member the electrode structure population and a height HES of each member of the counter-electrode structure population that are 10measured in the vertical direction that is perpendicular to the central longitudinal axis of each such member and to the longitudinal direction, the ratio of LES to each of WES and HES of each member of the electrode structure population being 5:0.01 or 500:1 (LES:WES) and 5:0.05 or 100:1 (LES:HES), respectively, the ratio of HES to WES for each member of the electrode structure population being (0.05:0.01 or 5:1) to (10:2.5 or 4:1), and the ratio of LES to each of WES and HES of each 15member of the counter-electrode structure population that is the same as each member of the electrode structure population, respectively, the ratio of HES to WES for each member of the counter-electrode structure population that is the same as each member of the electrode structure ([0230]-[0233]).
the set of electrode constraints internal to the battery enclosure25battery enclosure, the set of electrode constraints comprising a secondary growth constraint system “152” (vertical constraint system) comprising first and second vertical growth constraints “158” & “160” comprising a metal selected from the group consisting of stainless steel, aluminum, titanium, beryllium, copper, and nickel that are separated from each other in the vertical direction ([0188],[0292] and Fig. 1D),
electrode current collector layer “136” (30members of the population of electrode structures or members of the population of counter-electrode structures) that are connected to the first and second growth constraints ([0133]), having a thickness as measured in the longitudinal direction that is in a range of between 0.1 and 10 um ([0245]), and a yield strength of greater than 70 MPa based upon a material such as aluminum for the electrode current collector ([0304]),
the electrode current collectors”136” have upper and lower surfaces separated in
the vertical direction, the counter-electrode current collectors “140” have upper and lower surfaces separated in the vertical direction, and the upper and lower surfaces of the electrode current collectors and/or the upper and lower surfaces of the
counter-electrode current collectors are connected to the first and second vertical
growth constraints “158” & “160” of the vertical constraint system ([0133] and Fig. 14A-14D),
the hermetically sealed enclosure “104” comprising first and second vertical sides
separated from each other in the vertical direction, each of the first and second vertical sides “104a” & “104g” comprising respective interior vertical surfaces and opposing external vertical surfaces separated from each other in the vertical direction (Fig. 10), wherein the secondary growth constraint system “152” includes one or more discrete structures within the battery enclosure “104”, wherein one of ordinary skill in the art would envisage the interior vertical surface of the first vertical side being affixed to the first vertical growth constraint, and the interior vertical surface of the second vertical side being affixed to the second vertical growth constraint in order to maximize the energy density of the battery and to prevent extra space not utilized by the electrode assembly as well as to further restrain the growth of the electrode structures and counter-electrode structures ([0187],[0188]),
a height (thickness) of the electrode population (sealed secondary battery cell) as measured in the vertical direction between vertically opposing regions of external vertical surfaces of the upper and lower sidewalls of the hermetically sealed case, that is 0.05 mm to 10 mm ([0233]),
the electrode current collectors “136” are electrically connected in parallel to the
electrode busbar “600”, via an electrode current collector end region that is connected to the electrode busbar, the electrode busbar extending along the alternating sequence in the longitudinal direction and being configured to electrically pool current from members of the population of electrode current collectors, the electrode busbar being located at a first transverse side of the electrode assembly,
the counter-electrode current collectors “140” are electrically connected in parallel to the counter-electrode busbar “602” via a counter-electrode current collector end region, the counter-electrode busbar extending along the alternating sequence in the longitudinal direction and being configured to electrically pool current from members of the population of counter-electrode current collectors, the counter-electrode busbar being located at a second transverse side of the electrode assembly that is separated from the first transverse side in the transverse direction ([0142] and Fig. 16A-16F), and
members of 20the population of secondary battery, the electrode assembly has a maximum width WEA measured in the longitudinal direction, a maximum length LEA bounded by the lateral surface and measured in the transverse direction, and a maximum height HEA bounded by the lateral surface and measured in the vertical direction, and a ratio of each of LEA and WEA to HEA that is at least 2:1 ([0095],[0096]).
Examiner’s note: the Office takes the position that a battery having a rated capacity of at least 100 mAmp-hr is well known in the art. For example, Teranishi et al (US 2017/0373338) discloses a battery having a rated capacity of 200 mAh or 350 mAh ([0123],[0138]).
However, Busacca ‘146 does not expressly teach a hermetically sealed enclosure comprising a laminate structure made of sheets of polymeric materials with a flexible sheet of metal material disposed in between (claim 1); a hermetically sealed enclosure comprising a laminate structure made of sheets of polypropylene, aluminum, and nylon, with the aluminum sheet being between the polypropylene and nylon polymeric sheets (claim 22) 5However, H.
Song discloses an outer casing “110” (hermetically sealed enclosure) having a first layer that is an inner layer, a second layer that is a middle layer, and a third layer that is an external layer, wherein the first layer may be formed of polypropylene, the second layer may be formed of aluminum, and the third layer may be formed of nylon ([0037]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca battery enclosure to include a laminate structure made of sheets of polypropylene, aluminum, and nylon, with the aluminum sheet being between the polypropylene and nylon polymeric sheets in order to provide thermal adhesive property to serve as a sealing material and to block the infiltration of moisture and oxygen as a material for maintaining mechanical strength ([0037]).
However, Busacca ‘146 as modified by Song et al does not expressly teach electrode current collectors that are electrically connected in parallel to the electrode busbar, via an electrode current collector end region that is connected to an inner surface of the electrode busbar; wherein the upper and lower surfaces of the electrode current collectors and/or the upper and lower surfaces of the counter-electrode current collectors are connected to the first and second vertical growth constraints of the vertical constraint system at the bonding regions of the first and second vertical growth constraints respectively (claim 1).
Busacca ‘507 discloses electrode current collectors “136” that are electrically connected in parallel to the electrode busbar “614”, via an electrode current collector end region that is connected to an inner surface of the electrode busbar (col. 53, lines 44-57 and Fig. 27D); wherein the upper and lower surfaces of the electrode current collectors and/or the upper and lower surfaces of the counter-electrode current collectors are connected to the first and second vertical growth constraints of the vertical constraint system at the layers of glue of the first and second vertical growth constraints respectively (col. 145, lines 47-62 and Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca ‘146/Song battery to include electrode current collectors that are electrically connected in parallel to the electrode busbar, via an electrode current collector end region that is connected to an inner surface of the electrode busbar; wherein the upper and lower surfaces of the electrode current collectors and/or the upper and lower surfaces of the counter-electrode current collectors are connected to the first and second vertical growth constraints of the vertical constraint system at the bonding regions of the first and second vertical growth constraints respectively in order to advantageously mechanically and/or electrically connect the current collector ends to the busbar (col. 54, lines 22-24); and to provide increased strength of attachment of the electrode current collectors/counter-electrode current collector to the first and second vertical growth constraints (col. 136, lines 9-12).
Examiner’s note: the Office takes the position that the limitation “a thermal conductivity of the secondary battery cell along a thermally conductive path between the vertically opposing regions of the external vertical surfaces of the hermetically sealed enclosure in the vertical direction is at least 2 W/m.K, and the thermally conductive path is along the vertical direction of the electrode current collectors and/or counter-electrode current collectors connected to the first and second vertical growth constraints” is an inherent characteristic of the Busacca/Song/Busacca battery because Busacca ‘146 modified by Song et al and Busacca ‘507 teaches the same structural configuration of the electrode current collectors/counter-electrode current collectors being connected to the vertical growth constraints and the hermetically sealed enclosure being affixed to the vertical growth constraints as the present invention as well as the same metal materials for the electrode current collectors, the counter-electrode current collectors, and the vertical growth constraints as the present invention. In addition, there is no evidence of criticality of the claimed electrode current collector end region that is connected to an inner surface of the electrode busbar because the orientation of the current collector end region to the electrode busbar is an obvious choice in design which one of ordinary skill in the art would have been able to make.
However, Busacca ‘146 as modified by Song and Busacca ‘507 does not expressly teach each of the first and second vertical growth constraints that define a plurality of apertures, each having a slot-shape with an elongated dimension, each of the plurality of apertures extending in the longitudinal direction across multiple members of the electrode structure, the longitudinal direction being parallel to a stacking direction of the multiple members of the electrode structure (claim 1).
Busacca ‘493 discloses a plurality of openings “680” comprising a plurality of longitudinally oriented slots “684” (apertures having a slot-shaped with an elongated dimension) extending across the constraints “158”, “160” (first and second vertical growth constraints) in the longitudinal direction across a plurality of members of the [electrode and/or counter-electrode members “110”, “112”] (electrode structure) parallel to the stacking direction of the multiple members of the electrode and counter-electrode members ([0338] and Fig. 31D).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca ‘146/Song/Busacca ‘507 battery to include each of the first and second vertical growth constraints that define a plurality of apertures, each having a slot-shape with an elongated dimension, each of the plurality of apertures extending in the longitudinal direction across multiple members of the electrode structure, the longitudinal direction being parallel to a stacking direction of the multiple members of the electrode structure in order to provide openings for a flow of electrolyte into the electrode assembly and/or between adjacent electrode assemblies ([0338]).
Regarding claim 2, Busacca et al discloses vertical ends of the electrode current collector “136”, separator layer “130” and counter-electrode current collector “140” (members of the population of electrode structures and/or members of the population of counter-electrode structures) that are bonded via an adhesive layer to the first and second growth constraints “158”, “160” (upper and lower sidewalls) ([0133]).
Regarding claim 8, Busacca et al discloses a set of electrode constraints that are internal to the hermetically sealed case further comprise a longitudinal constraint system comprising first and second primary growth constraints “154” & “156” (first and second longitudinal constraints) separated from each other in the longitudinal direction, and connected by a primary connecting member “162” (connecting 5member) to restrain growth of the electrode assembly in the longitudinal direction ([0221]).
Regarding claim 920, Busacca et al discloses primary growth constraint system “151” (first and second vertical growth constraints) and/or secondary growth constraint system “152” (first and second longitudinal constraints) that comprise any of metals, alloys, ceramics, glass, plastics, or a combination thereof ([0292]).
However, Busacca et al does not expressly teach first and second longitudinal growth constraints having a yield strength of at least 70 MPa.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca battery to include first and second longitudinal growth constraints having a yield strength of at least 70 MPa because it has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Where 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. In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)). There is no evidence of criticality of the claimed yield strength of the first and second longitudinal growth constraints.
Regarding claim 11, Busacca et al discloses primary growth constraints “154”, “156” (first and second longitudinal growth constraints) that maintain a pressure on the electrode assembly in the longitudinal direction that exceeds the pressure 5maintained on the electrode assembly in the each of the two directions that are mutually perpendicular and perpendicular to the longitudinal direction by a factor of at least 3 ([0189]).
Regarding claims 14 and 15, Busacca et al discloses a population of electrode structures “110” and population of counter-electrode structures “112” (e.g. population of anode and cathode structures, respectively); wherein the anode structures comprise negative electrode active material layers and the cathode structures comprise positive electrode active material layers ([0009],[0082]).
Regarding claim 17, Busacca et al discloses members of the population of electrode structures comprising negative electrode current collectors (anode current collectors) comprising at least one of copper, nickel, aluminum, stainless steel, titanium, palladium, baked carbon, 25calcined carbon, indium, iron, magnesium, cobalt, germanium, lithium, a surface treated material of copper or stainless steel with carbon, nickel, titanium, silver, an aluminum-cadmium alloy, and/or alloys thereof ([0303]).
Regarding claim 18, Busacca et al discloses counter-30electrode structures comprising positive electrode current collectors (cathode current collectors) comprising at least one of stainless steel, aluminum, nickel, titanium, baked carbon, sintered carbon, a surface treated material of aluminum or stainless steel with carbon, nickel, titanium, silver, or an alloy thereof ([0304]).
Regarding claim 19, Busacca et al discloses electrically 10insulating separator comprising a solid electrolyte ([0337]).
Regarding claims 23-26, Busacca et al does not expressly teach a secondary battery cell comprising one or more gas containment compartments located externally to the electrode assembly and within the hermetically sealed enclosure, to contain a gas evolved during charging or discharging of the secondary battery cell, the one or more gas containment compartments comprising any one or more of (i) a transverse containment compartment located external to the transverse end surfaces of the electrode assembly in the transverse direction to contain the gas between the hermetically sealed enclosure and the electrode assembly on a transverse side of the electrode assembly, and (ii) a longitudinal containment compartment located external to the longitudinal end surfaces of the electrode assembly in the longitudinal direction to contain the gas between the hermetically sealed enclosure and the electrode assembly on a longitudinal side of the electrode assembly (claim 23); wherein one or more of the transverse and longitudinal containment compartments are configured to contain a volume of gas Vx,y evolved from the electrode assembly during charging or discharging of the secondary battery cell (claim 24); wherein one or more of the transverse and longitudinal containment compartments are configured to contain a volume of gas Vx,y evolved from the electrode assembly during charging or discharging of the secondary battery cell that is greater than any volume Vz of gas evolved from the electrode assembly during charging or discharging of the secondary battery cell that is contained in between the hermetically sealed enclosure and the electrode assembly on any of the vertical sides of the electrode assembly (claim 25); wherein one or more of the transverse and longitudinal containment compartments have a greater volume, either alone or in combination with one another, than any space between the hermetically sealed enclosure and electrode assembly on either vertical side of the electrode assembly (claim 26).
Song discloses a second space “116” / gas room “130” (gas containment compartment) located externally to the electrode assembly “120” and within an outer casing “110” (hermetically sealed enclosure), to contain a gas evolved during charging or discharging of the secondary battery, the gas room comprising a longitudinal containment compartment located external to the longitudinal end surfaces of the electrode assembly in the longitudinal direction to contain the gas between the outer casing and the electrode assembly on a longitudinal side of the electrode assembly; wherein the gas room (longitudinal containment compartment) is configured to contain a volume of gas Vx,y evolved from the electrode assembly during charging or discharging of the secondary battery; wherein the longitudinal containment compartment has a greater volume than any space between the outer casing and electrode assembly on either vertical side of the electrode assembly ([0033],[0048],[0050] and Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca battery to include longitudinal gas containment compartment located externally to the electrode assembly and within the battery enclosure, to contain a gas evolved during charging or discharging of the secondary battery; wherein the longitudinal containment compartment is configured to contain a volume of gas Vx,y evolved from the electrode assembly during charging or discharging of the secondary battery; wherein the longitudinal containment compartment has a greater volume than any space between the battery enclosure and electrode assembly on either vertical side of the electrode assembly in order to provide a secondary battery capable of decreasing its thickness while facilitating the exhaustion of internal gas ([0007]). In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca/Yang/Song battery to include a volume of gas Vxy contained in the longitudinal containment compartment that is at least 1.5 times, at least 2 times, at least 3 times, at least 5 times, and/or at least 10 times a volume of gas Vz contained on any of the vertical sides of the electrode assembly; wherein substantially no volume of gas Vz is contained on any vertical side of the electrode assembly; wherein the longitudinal containment compartment is configured to contain a volume of gas Vxy that is at least 4% of the volume of the sealed secondary cell because changes in size were held to be obvious (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)). Where 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. In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)). There is no evidence of criticality of the claimed size of the longitudinal containment compartment.
Regarding claim 30, Song also disclose an outer casing (hermetically sealed enclosure) comprising a flexible polymer enclosure material, and wherein a first space “115” (one or more transverse and longitudinal containment compartments) are formed by expansion of the outer casing in at least one of the transverse and longitudinal directions upon charging or discharging of the sealed secondary battery ([0037] and Figs. 4 and 7).
Regarding claim 31, Busacca et al also discloses members of the population of electrically insulating separators “130” comprise microporous separator material permeated with non-aqueous liquid electrolyte ([0092]).
Regarding claim 32-35, Busacca et al also discloses an electrode active material layer comprising an anodically active material (member) selected from the group consisting of lithium metal, lithium metal alloy, silicon, silicon alloy, silicon oxide, tin, tin alloy, tin oxide, and graphite (carbon-containing material) ([0297]).
Regarding claim 36, Busacca et al also discloses a counter-electrode active material layer comprising a cathode material (member) selected from transition metal oxide, transition metal sulfide, transition metal nitride, transition metal phosphate, and transition metal nitride ([0299]).
Regarding claims 37, 38, and 40, Busacca et al also discloses the upper and lower surfaces of the electrode current collectors “136” that are connected to the first and second vertical growth constraints “158” & “160”, and wherein the thermally conductive path is inherently along the vertical direction of the electrode current collectors connected to the first and second vertical growth constraints; and the upper and lower surfaces of the counter-electrode current collectors “140” are connected to the first and second vertical growth constraints “158” & “160”, and wherein the thermally conductive path is inherently along the vertical direction of the counter-electrode current collectors connected to the first and second vertical growth constraint; wherein the upper and lower surfaces of the electrode current collectors “136” and/or counter-electrode current collectors “140” are directly adhered via an adhesive “516” to the first and second vertical growth constraints “158” & “160” ([0133]).
Regarding claim 39, Busacca et al also discloses members of the population of electrode structures comprising negative electrodes, and members of the population of counter-electrode structures comprising positive electrodes ([0091]).
Regarding claim 41, it is inherent that the thermal conductivity along the thermally conductive pathway in the vertical direction across the sealed secondary battery cell, is greater than a thermal conductivity across the sealed secondary battery cell in the transverse or longitudinal directions because Busacca ‘146 modified by Song et al and Busacca ‘507 teaches the same structural configuration of the current collectors connected to the vertical growth constraints, the same current collectors connected to the busbar, and the same ratio of the combined surface area of the opposing vertical surfaces to each of the combined surface area of the opposing longitudinal end surfaces and the combined surface area of the opposing transverse surfaces as the present invention.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Busacca ‘146 in view of Song et al, Busacca ‘507, and Busacca ‘493 as applied to claim 1 above, and further in view of Jung et al (US 2021/0344074).
However, Busacca ‘146 as modified by Song et al, Busacca ‘507, and Busacca ‘493 does not expressly teach5However, H first and second connecting members of the constraint system comprising a coating of insulating material on inner and outer surfaces thereof (claim 29).
Jung et al discloses end plates “200” (first and second connecting members of constraint system) comprising an insulating coating portion “220” on inner and outer surfaces thereof ([0043] and Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca/Song/Busacca/Busacca constraint system to include first and second connecting members of the constraint system comprising a coating of insulating material on inner and outer surfaces thereof in order to secure sufficient insulation performance such that the rigidity of the battery module may be improved ([0053]).
Claims 42 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Busacca ‘146 in view of Song et al, Busacca ‘507, and Busacca ‘493 as applied to claim 1 above, and further in view of Czech et al (US 2021/0265695).
However, Busacca ‘146 as modified by Song et al, Busacca ‘507, and Busacca ‘493 does not expressly teach5However, H the first and second vertical sides of the hermetically sealed enclosure are affixed to the first and second vertical growth constraints by any one or more of adhering, gluing, welding, joining, bonding, soldering, sintering, press contacting, brazing, thermal spraying joining, clamping, wire bonding, ribbon bonding, ultrasonic bonding, ultrasonic welding, resistance welding, laser beam welding, electron beam welding, induction welding, cold welding, plasma spraying, flame spraying, and arc spraying (claim 42); the interior vertical surfaces of the first and second vertical sides of the hermetically sealed enclosure are adhered via an adhesive to the first and second vertical growth constraints, and wherein the thermally conductive path is along the vertical direction of the electrode current collectors (claim 43).
Czech et al discloses an envelope layer “28” (hermetically sealed enclosure) that can be connected to a metal plate “30” (first and second vertical growth constraints) by means of an adhesive ([0035] and Fig. 1); and alternatively, the joint parts can be welded and/or soldered to one another ([0019]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Busacca/Song/Busacca/Busacca battery to include first and second vertical sides of the hermetically sealed enclosure that are affixed to the first and second vertical growth constraints by adhering, soldering, or welding; or interior vertical surfaces of the first and second vertical sides of the hermetically sealed enclosure that are adhered via an adhesive to the first and second vertical growth constraints in order to provide a joint that is thermally and/or mechanically more stable ([0013]).
Response to Arguments
Applicant's arguments filed 7/14/25 have been fully considered but they are not persuasive.
The Applicant argues that “various limitations of claim 1 are expressly, implicitly, or inherently supported by the abovementioned U.S. Provisional Patent Applications. For example, U.S. Application No. 63/221,998 provides inherent support in at least
paragraphs [0066] and [0076], and in FIG. 2. U.S. Application No. 63/350,679 provides at least inherent support, e.g., in paragraphs [0118] and [0140], and in FIG. 39. See MPEP § 2163, which provides that “[t]o comply with the written description requirement of 35 U.S.C. §112(a) or pre-AJA 35 U.S.C. § 112, first paragraph, or to be entitled to an earlier priority date or filing date under 35 U.S.C. § 119, 120, 365, or 386, each claim limitation must be expressly, implicitly, or inherently supported in the originally filed disclosure.” (emphasis added). Additionally, “[w]hile there is no in haec verba requirement, newly added claims or claim limitations must be supported in the specification through express, implicit, or inherent disclosure”.
In response, Office disagrees that there is inherent support for the limitation “the hermetically sealed enclosure comprises first and second vertical sides separated from each other in the vertical direction, each of the first and second vertical sides comprising respective interior vertical surfaces, the interior vertical surface of the first vertical side being affixed to the first vertical growth constraint, and the interior vertical surface of the second vertical side being affixed to the second vertical growth constraint” in para. [0066] of U.S. Application No. 63/221,998. Para. [0066] states “primary and secondary growth constraint systems, are within the battery enclosure, which may be a sealed battery enclosure, such as a hermetically sealed battery enclosure”. Although the hermetically sealed enclosure inherently has interior vertical surfaces and the primary and secondary growth constraint systems are within the hermetically sealed battery enclosure, there is no inherent teaching of the interior vertical surface of the first vertical side being affixed to the first vertical growth constraint, and the interior vertical surface of the second vertical side being affixed to the second vertical growth constraint. Therefore, the Office maintains the contention that U.S. Provisional Application No. 63/221,998, 63/222,296, 63/222,015, 63/222,295, 63/350,641, 63/222,010, 63/222,299, 63/350,687 lack support for the claimed subject matter.
The Applicant further argues that “Claim 1 is not obvious over Busacca ‘146 in view of Song and Busacca ‘507 because Busacca ‘146 does not teach or disclose all of the elements of this claim, and neither Song nor Busacca ‘507 cures these deficiencies of Busacca ‘146. For example, nothing in Busacca ‘146, Song, and Busacca ‘507 teaches, discloses, or even hints at “each of the first and second vertical growth constraints define a plurality of apertures each having a slot-shape with an elongated dimension, each of the plurality of apertures extending in the longitudinal direction across multiple members of the electrode structure, the longitudinal direction being parallel to a stacking direction of the multiple members of the electrode structure,” as recited in claim 1”.
In response, the Office first points out that the Applicant is referring to the wrong 103 rejection because claims 1, 2, 8, 9, 11, 14, 15, 17-19, 22-26, and 30-41 were previously rejected under Busacca ‘146, Song, Busacca ‘507, and Busacca ‘493 in the Final Rejection dated 3/12/2025. The current Remarks is referring to the 103 rejection in the Non-Final Rejection dated 7/23/2024. As stated in the 103 rejection above, Busacca ‘493 discloses a plurality of openings “680” comprising a plurality of longitudinally oriented slots “684” (apertures having a slot-shaped with an elongated dimension) extending across the constraints “158”, “160” (first and second vertical growth constraints) in the longitudinal direction across a plurality of members of the [electrode and/or counter-electrode members “110”, “112”] (electrode structure) parallel to the stacking direction of the multiple members of the electrode and counter-electrode members. Therefore, Busacca ‘493 discloses the same apertures having a slot-shaped with an elongated dimension and one of ordinary skill in the art would have modified the Busacca ‘146 first and second vertical growth constraints to include a plurality of longitudinally oriented slots in order to provide openings for a flow of electrolyte into the electrode assembly and/or between adjacent electrode assemblies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY S CHUO whose telephone number is (571)272-0717. The examiner can normally be reached Monday - Friday, 9:00am - 5:30pm.
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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 10/10/2025