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 .
This office action addresses pending claims 1-20. Claim 15 was amended, and arguments were provided in the response filed 9/29/2025.
Claim Objections
Claim 5 is objected to because of the following informalities: line 2-3 should be amended to “in contact with the top surface of one of the flaps”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7, 9-10, and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ju et al. (US 2018/0183020).
Regarding claim 1, Ju discloses a battery module comprising a secondary battery 10 including a plurality of battery cells 11 (stack of battery cells) and electrode tabs 12 (terminal) located at opposite sides of the cells. Each electrode tab 12 includes a bent portion 121 (curved portion) ([0082], Fig 5B). The cells are connected via bus bars 20a (busbars) that includes a plate 21a, protruding portions 22a (pair of flaps), and holes 23a (slot with a pair of first opposing sides and a pair of second opposing sides) ([0072]). As seen in Figures 3A-3B, the holes 23a are bordered on each side, and therefore have a pair of first opposing sides and a pair of second opposing sides. As seen in Figure 5B, the protruding portions 22a (pair of flaps) are pivotally attached to one of the second opposing sides such that the flaps oppose each other. The tabs 12 are welded to the bus bar 20a ([0031]), and therefore the entirety of the tabs (including the bent/curved portion) are mechanically joined with the bus bar.
Regarding claim 3, Ju discloses all of the claim limitations as set forth above. Ju further teaches that the bus bar 20a includes a top surface and a bottom surface (see Fig 5B), and the flaps (protruding portions 22a) are pivotal to extend upwardly from the top surface (see Fig 5B).
Regarding claim 7, Ju discloses all of the claim limitations as set forth above. Ju teaches the electrode tab 12 at the portion closes to the battery cell 11 projects in a straight manner (see Fig 5B).
Regarding claim 9, Ju discloses all of the claim limitations as set forth above. Ju further discloses a second battery cell 11 having an electrode tab 12 including a bent portion 121 where the electrode tab 12 is inserted into a hole 23a of the bus bar 20a that includes a plate 21a and protruding portions 22a (pair of flaps) (Fig 4B).
Regarding claim 10, Ju discloses all of claim limitations as set forth above. Ju teaches further teaches that the bus bar 20a includes a top surface and a bottom surface (see Fig 5B), and the flaps (protruding portions 22a) are pivotal to extend upwardly from the top surface (see Fig 5B).
Regarding claim 15, Ju discloses a battery module comprising a secondary battery 10 including a plurality of battery cells 11 (stack of battery cells) and electrode tabs 12 (terminal) located at opposite sides of the cells. Each electrode tab 12 includes a bent portion 121 (curved portion) ([0082], Fig 5B). The cells are connected via bus bars 20a (busbars) that includes a plate 21a, protruding portions 22a (pair of flaps), and holes 23a (slot with a pair of first opposing sides and a pair of second opposing sides) ([0072]). As seen in Figures 3A-3B, the holes 23a are bordered on each side, and therefore have a pair of first opposing sides and a pair of second opposing sides. As seen in Figure 5B, the protruding portions 22a (pair of flaps) are pivotally attached to one of the second opposing sides such that the flaps oppose each other. The tabs 12 are welded to the bus bar 20a ([0031]), and therefore the entirety of the tabs (including the bent/curved portion) are mechanically joined with the bus bar.
Further, the protruding portions 22a have a hole 23a (slot with a pair of first opposing sides and a pair of second opposing sides) with inner surfaces facing one another (see Fig 3B with the hole, and Fig 5A with inner surfaces facing one another). The hole 23a (slot) is sized and positioned to receive the curved end portion with the curved end portion disposed between the flaps when the flaps are pivoted toward each other, as the tab 12 with bent portion 121 is inserted into the hole 23a and the bent portion 121 contacts the flaps ([0072], Fig 5B).
Regarding claim 16, Ju discloses all of the claim limitations as set forth above. Ju teaches that the bent portion 121 (curved portion) is in contact with the flaps (Fig 5B).
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.
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.
Claim(s) 2, 5-6, 12-14 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (US 2018/0183020), as applied to claims 1 or 15 above, and further in view of Serpi et al. (WO 2021/186362).
Regarding claim 2, Ju discloses all of the claim limitations as set forth above. While Ju discloses the bent portion 121 of the tab 12 being in contact with a bottom surface of one of the flaps (see Fig 5B), Ju does not explicitly disclose wherein the curved portion [bent portion] is in contact with both of the flaps.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The terminals T pass though openings between bus bars B and are bent over to the bus bar and are welded (P13/L8-34, Figs 5A-C). That is, the terminals T (and bent/curved) extend onto a top surface of the bus bar.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the bending and welding of the terminals over the bus bar as taught by Serpi with the electrode tabs of Ju (to thereby be bent across both flaps) for the purpose of ensuring a simple and reliable control for bending and excellent welding quality (Serpi at P1/L32-35 and P13/L8-34).
Regarding claims 5-6, 12, and 17, Ju discloses all of the claim limitations as set forth above. While Ju discloses the bent portion 121 of the tab 12 being in contact with a bottom surface of one of the flaps (see Fig 5B), Ju does not explicitly disclose wherein the curved portion [bent portion] also is in contact with the top surface of one of the flaps.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The terminals T pass though openings between bus bars B and are bent over to the bus bar and are welded (P13/L8-34, Figs 5A-C). That is, the terminals T are on a top surface of the bus bar.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the bending and welding of the terminals over the bus bar as taught by Serpi with the electrode tabs of Ju (to thereby be bent across the other flap) for the purpose of ensuring a simple and reliable control for bending and excellent welding quality (Serpi at P1/L32-35 and P13/L8-34).
Regarding claim 13, Ju discloses all of the claim limitations as set forth above. While Ju discloses battery cells 11 and illustrate said cells with flattened and elongated bodies, Ju does not explicitly disclose the cells as pouch cells.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The battery cells C are a pouch type with a flattened and elongated body (P6/L20-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use pouch cells having flattened and elongated bodies as taught by Serpi as the battery cells of Ju because both cells are illustrated as flattened and elongated bodies.
Regarding claims 14 and 18, Ju discloses all of the claim limitations as set forth above. While Ju discloses the electrode tab 12 and the plate 21a of the bus bar 20a are welded ([0018]), Ju does not explicitly disclose wherein the curved portion is welded to the one or more flaps.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The terminals T pass though openings between bus bars B and are bent over to the bus bar and are welded (P13/L8-34, Figs 5A-C). That is, the terminals T are bent (curved) over on the top surface of the bus bar and are welded (curved portion is welded).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the bending and welding of the terminals over the bus bar as taught by Serpi with the electrode tabs of Ju for the purpose of ensuring a simple and reliable control for bending and excellent welding quality (Serpi at P1/L32-35 and P13/L8-34). Further, the combination results in the curved portion being welded to the flap of the bus bar.
Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (US 2018/0183020), as applied to claim 3 or 10 above, and further in view of Ishimaru et al. (US 2019/0074490).
Regarding claims 4 and 11, Ju discloses all of the claim limitations as set forth above. While Ju discloses the bent portion 121 of the tab 12 being in contact with a bottom surface of one of the flaps (see Fig 5B), Ju does not explicitly disclose wherein the curved portion [bent portion] is in contact with both of the bottom surfaces of the flaps.
Ishimaru discloses a method of manufacturing a battery pack 100 that includes a cell group obtained by stacking unit cells, and a bus bar 131 electrically connecting the unit cells (abstract). Each of the unit cells has a cell body 110, an electrode tab 113, and a spacer 120 (abstract). Electrode tabs 113 protrude from the unit cells (abstract). The distal end portion 113d of the electrode tabs 113 are folded over the spacer 120 ([0042], Fig 8B), and the bus bar 131 is placed over the electrode tabs 113d (Fig 8B). That is, the electrode tab 113 is bent (curved) and in contact with the bottom surface of the bus bar 131. The electrode tabs 113 are welded to the bus bar 131 ([0066]). Ishimaru teaches this arrangement provides quality joining and prevents displacement of bent portions ([0005]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the arrangement of the electrode tab curved on the bottom surface of the bus bar as taught by Ishimaru with the electrode tabs and bent portions of Ju for the purpose of providing quality joining and preventing displacement of the bent portions.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (US 2018/0183020).
Regarding claim 8, Ju discloses all of the claim limitations as set forth above. With regards to the claim limitation of wherein a thickness of the flaps is less than a thickness of a body of the busbar, Ju discloses in an alternate embodiment that the protruding portions 22c are thinner than the body of the busbar 20c (Fig 14B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the protruding portions to be thinner than the busbar for the purpose of ensuring that the electrode tab is sufficiently melted and bonded with the protruding portion during the melting ([0135], [0139]).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (US 2018/0183020) in view of Serpi et al. (WO 2021/186362).
Regarding claim 19, Ju discloses a battery module comprising a secondary battery 10 including a plurality of battery cells 11 (stack of battery cells) and electrode tabs 12 (terminal) located at opposite sides of the cells. Each electrode tab 12 includes a bent portion 121 (curved portion) ([0082], Fig 5B). The cells are connected via bus bars 20a (busbars) that includes a plate 21a, protruding portions 22a (pair of flaps), and holes 23a (slot with a pair of first opposing sides and a pair of second opposing sides) ([0072]). As seen in Figures 3A-3B, the holes 23a are bordered on each side, and therefore have a pair of first opposing sides and a pair of second opposing sides. As seen in Figure 5B, the protruding portions 22a (pair of flaps) are angled relative to the main body and each having a top surface and a bottom surface. 3The tabs 12 pass through the hole 23a (Fig 5B), and the bent portion 121 (curved portion) is in contact [at a second area] of the bottom surface of one of the flaps (Fig 5B).
While Ju discloses the bent portion 121 of the tab 12 being in contact with a bottom surface of one of the flaps (see Fig 5B), Ju does not explicitly disclose wherein the curved portion [bent portion] has a first area in contact with the top surface of the other flaps.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The terminals T pass though openings between bus bars B and are bent over to the bus bar and are welded (P13/L8-34, Figs 5A-C). That is, the terminals T are on a top surface of the bus bar.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the bending and welding of the terminals over the bus bar as taught by Serpi with the electrode tabs of Ju for the purpose of ensuring a simple and reliable control for bending and excellent welding quality (Serpi at P1/L32-35 and P13/L8-34).
Regarding claim 20, Ju discloses all of the claim limitations as set forth above. While Ju discloses the electrode tab 12 and the plate 21a of the bus bar 20a are welded ([0018]), Ju does not explicitly disclose wherein the first area is welded to the top surface of the one of the flaps and the second area is welded to the bottom surface of the other of the flaps.
Serpi discloses an apparatus for assembling battery cells and modules together each having electrical terminals that must be subjected to a welding operation (abstract). Each battery cell C in a battery pack P comprises terminals T that are welded together (P6/L9-13). The terminals T pass though openings between bus bars B and are bent over to the bus bar and are welded (P13/L8-34, Figs 5A-C). That is, the terminals T are bent (curved) over on the top surface of the bus bar and are welded (curved portion is welded).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the bending and welding of the terminals over the bus bar as taught by Serpi with the electrode tabs of Ju for the purpose of ensuring a simple and reliable control for bending and excellent welding quality (Serpi at P1/L32-35 and P13/L8-34). Further, the combination results in the curved portion being welded to the flap of the bus bar.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to weld the curved portion to the bottom surface of one of the flaps for the purpose of securing the tab and bent portion to the bus bar.
Response to Arguments
Applicant's arguments filed 9/29/2025 have been fully considered but they are not persuasive.
Applicant argues that claim 1 is directed to a battery assembly including a busbar module having opposed flap members, and the claims requires that a curved portion of a cell terminal is positioned between the opposed flaps, such that before any welding, the curved portion is in simultaneous surface contact with both flaps. Applicant argues that Ju does not disclose these limitations.
This is not considered persuasive. Applicant misconstrues the claim. Claim 1 does not indicate the position of the curved portion of the cell. Instead, the claim merely requires “the curved portion in contact with at least one of the flaps” and does not indicate a position.
Further, the claim requires “the curved portion of the terminal in contact with at least one of the flaps”. Therefore, the claim does not require simultaneous surface contact with both flaps, and does not require that curved portion “is positioned between the opposed flaps”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “positioned between the opposed flaps”, “in simultaneous surface contact with both flaps”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, because these limitations are not in the claims, it is irrelevant whether Ju discloses these elements.
Applicant argues that the mapping of the flaps and curved portions to Ju’s hole rim/protruding portion 22a and bent portion 121 is legally and technically incorrect. Applicant argues that the protruding portion 22a is merely a guide/chamfer around a hole to ease tab insertion, and is not a discrete flap member presenting opposed surfaces to capture a curved terminal between them. Applicant further argues that the bent portion 121 is a local bend in the tab, and not a curved terminal portion seated between opposed busbar flaps.
This is not considered persuasive. With regards to the flaps, the claim recites “a connecting portion having a slot with a pair of first opposing sides and a pair of second opposing sides, the connection portion further having a pair of flaps, each pivotally attached to one of the second opposing sides such that the flaps oppose each other”. The claim further recites “the curved portion of the terminal in contact with at least one of the flaps”.
That is, the claim does not recite that the flap member is “discrete” nor that opposed surfaces “capture a curved terminal between them”. Therefore, Applicant is arguing limitations which are not claimed.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the flaps are discrete, and opposed surfaces “capture a curved terminal between them”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With regards to Ju, the protruding portions 22a of Ju protrude outward from the surface of the busbar 20a with a hole 23a formed therein, and therefore the edges have a free end [edge nearest the hole] and an end that is attached to the busbar [edge nearest the rest of the busbar] (Figs 3B and 5B); and is therefore pivotally attached. Further, opposite edges of the protruding portion 22a present opposed surfaces that capture the terminal between them (Fig 5B). Therefore, the protruding portions 22a read on the claim limitations of the flaps, and it is considered that the protruding portions 22a are flaps that meet the claim limitations of pivotally attached.
With regards to the curved terminal, Applicant recognizes that the Ju’s tab 12 includes a bent portion 121. The claim merely requires “a curved portion” and “the curved portion of the terminal in contact with at least one of the flaps”. The claim does not further describe structure of where the curved portion is located. Because the bent portion 121 of Ju includes a curve (see Ju at Fig 5B), the bent portion 121 is a curved portion, and is also in contact with at least one flaps (protruding portion 22a) (Fig 5B). Therefore, the bent portion 121 reads on the claimed curved portion.
Therefore, contrary to Applicant’s assertions, the mapping of the flaps and curved portions to Ju’s hole rim/protruding portion 22a and bent portion 121 is legally and technically correct.
It is suggested to amended more details into the claimed structure of the flaps and/or curved portion to overcome the references.
Applicant argues that Ju’s welding is applied to the tab end surface, while Applicant argues claim 1 relies on the geometry of opposed flaps that clamp the curved terminal portion before welding and are then welded at defined areas on those flap surfaces to complete the joint.
This is not considered persuasive. The claim does not explicitly require welding; the claim merely requires “mechanically joined”.
Further, the claim does not explicitly disclose where the mechanically joined occurs. The claim merely requires that “the terminal is mechanically joined to the connecting portion”. Ju discloses tabs 12 are welded to the bus bar 20a ([0031]), and therefore the entirety of the tabs (including the bent/curved portion) are mechanically joined with the bus bar.
The claim further recites “with the curved portion of the terminal in contact with at least one of the flaps”. Therefore, as long as there is a mechanical joining with an end result of the curved portion in contact with at least one of the flaps, the prior art satisfies the claim limitation. As seen in Figure 5B, the bent portion 121 (curved portion) is in contact with at least one of the protruding portions 22a (flaps), and therefore Ju meets the claim limitations.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the geometry of opposed flaps that clamp the curved terminal portion before welding and are then welded at defined areas on those flap surfaces to complete the joint”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
It is further noted that claim 1 is a product claim. Any amendment to include the argued limitations which are not present in the claim (“the geometry of opposed flaps that clamp the curved terminal portion before welding and are then welded at defined areas on those flap surfaces to complete the joint”) may be evaluated as product-by-process limitations.
Applicant argues that the flaps of Ju are not pivotally attached.
This is not considered persuasive. Applicant does not describe how the limitations of Ju do not read on the claimed limitations.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Because the protruding portions 22a of Ju protrude outward from the surface of the busbar 20a and therefore have an end free and an end that is attached to the busbar [therefore a pivot], it is considered that the protruding portions 22a are flaps and meet the claim limitations of pivotally attached.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725