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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-12 and 16-20, in the reply filed on 07/24/2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because the search for a method of operating a battery in Group II and a search for the structure of Group 1 are divergent. The two groups are directed towards separate statutory categories. The patentable weight of limitations in an apparatus and a method differ as discussed in MPEP 2114.
The requirement is still deemed proper and is therefore made FINAL.
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 19 and 20 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.
With regards to claim 19, the claim depends upon claim 8. The claim lacks proper antecedent basis for “each second portion of the first current collectors” as this limitation is not established in claim 8 but rather in claim 9.
With regards to claim 20, the claim depends upon claim 8. As such the phrase “a third portion” and “a fourth portion” render the claim indefinite as the first and second implied portions are not established until claim 9. Without antecedent basis for a first and second portion it is unclear whether these would be required to have a “third” and “fourth” portion set forth in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-12 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lee et al. (Pub No 2012/0270099).
With regards to claim 1, Lee teaches a battery cell comprising a container (140) comprising one or more walls as seen in Fig. 1A and 1B. Lee teaches that a plurality of power units are disposed within the cavity in which each power unit comprises a first (111) and second (112) electrode and a separator (113) disposed between them (Fig. 1B). Lee teaches a first conductive member (121) coupled to at least one of the first electrodes (111a) of the plurality of power units, the first conductive member disposed within the cavity between the first electrodes and at least one of the one or more walls as shown in the annotated figure below. The first conductive member (collecting plate 121) serves to electrically connect the electrodes with the terminal (123) seen in the figure and thus distributes current from the at least one first electrode.
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With regards to claim 2, as seen in the Figure above the conductive member is in contact with each of the first electrodes.
With regards to claim 3, Lee teaches that the first electrodes (111) comprise a first portion on which an electrode active material is coated and a second portion (111a) extending away from the first portion in which the second portion is not coated with the active material (¶ 0027). As seen in the Figure 1B the second portion (non-coated portion) is arranged such that the first conductive member (collector 121) is positioned between a first wall of the one or more walls and the second portion of the current collector.
With regards to claim 4, Lee teaches that the device further comprises a second conductive member (131) coupled to the second electrodes (112) in which the walls comprise a first wall (near the first collector in the annotated figure) and a second wall that opposes the first wall in which the second conductive member (131) is interposed between the second electrodes and the second wall as seen in Fig. 1B.
With regards to claims 6 and 16, Lee teaches that each electrode comprises a first portion coated with an active material and a second portion (111a, 112a) extending therefrom that is not coated and is coupled to the respective collector plate (¶ 0027-0028).
With regards to claims 7 and 17, Lee teaches that the container has a rectangular cross section (Fig. 1a, 1b).
With regards to claim 8, Lee teaches a battery cell comprising a container (140) comprising one or more walls as seen in Fig. 1A and 1B. Lee teaches that a plurality of power units are disposed within the cavity in which each power unit comprises a first (111) and second (112) electrode and a separator (113) disposed between them (Fig. 1B). Lee teaches a first conductive member (121) coupled to at least one of the first electrodes (111a) of the plurality of power units, the first conductive member disposed within the cavity between the first electrodes and at least one of the one or more walls as shown in the annotated figure below. The first conductive member (collecting plate 121) serves to electrically connect the electrodes with the terminal (123) seen in the figure and thus distributes current from the at least one first electrode. As seen in the Figure above the conductive member is in contact with each of the first electrodes. Lee teaches that the device further comprises a second conductive member (131) coupled to the second electrodes (112) in which the walls comprise a first wall (near the first collector in the annotated figure) and a second wall that opposes the first wall in which the second conductive member (131) is interposed between the second electrodes and the second wall as seen in Fig. 1B.
With regards to claims 9, 12 and 20, Lee teaches that each electrode comprises a first portion coated with an active material and a second portion (111a, 112a) extending therefrom that is not coated and is coupled to the respective collector plate (¶ 0027-0028).
With regards to claims 10 and 18, Lee teaches that the first electrodes and the first collector plate are made of aluminum (¶ 0034, 0027). Lee teaches that the second electrodes and second collector plate are made of copper (¶ 0041, 0028).
With regards to claims 11 and 19, as seen in Fig. 1B the container comprises first and second sides defining a cavity, the plurality of power units as well as the first and second conductive members are disposed within the cavity and the first conductive member (121) is interposed between each second portion (111a) of the first current collectors and the first side of the container.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (Pub No 2012/0270099) as applied to claim 4 above.
With regards to claim 5, Lee teaches that the first conductive member includes a first busbar (collector plate 121) and the second conductive member includes a second busbar (collector plate 131). As seen in Fig. 1b the collector plates extend a substantial portion of the walls. As seen in Fig. 4A, 4B the collecting plates include a substantially wide dimension, W1. While the reference does not explicitly state that the area of the collector plates on either end of the battery are greater than or equal to 50% they are clearly covering a substantial area of the corresponding walls. Barring a showing of unexpected results it would have been obvious to one of ordinary skill to have the collector plates dimensioned to be greater than or equal to 50% of the wall dimensions as the width of the collector plates is a result effective variable established in Lee that effects reinforcement, the dimensions of a conductive member are well known in the art to determine conductivity, and mere changes in size present a case of prima facie obviousness in the absence of unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bloss et al. (US 2015/0030903) teaches bus strips on either side of the electrode stack that are then placed within a cavity.
Hoffman et al. (US 6117584) teaches as seen in Fig. 4 that the collector plates provide a pathway for both electrical and thermal conductivity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GALEN H HAUTH whose telephone number is (571)270-5516. The examiner can normally be reached Monday-Friday 9:30 AM to 6 PM EST.
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/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
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