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 .
Specification
The use of the term PyroBubbles, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 4 objected to because of the following informalities: in light of the preliminary amendments “the holder” should be “a holder” in line 4. 4.
Claim 6 objected to because of the following informalities: “the plus and minus poles” should be “plus or minus poles”
Claim 18 is objected to because of the following informalities: “the battery cell structure” should be “a battery cell structure”
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 15 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.
The term “high” in claim 15 is a relative term which renders the claim indefinite. The term “ high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how much gas content is required for there to be a “high gas content;” for purposes of examination if the plastic is foamed it is considered to have a high gas content.
Regarding claim 20, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. For purposes of examination, the limitations of claim 1 do not have to be considered.
Claim Rejections - 35 USC § 102
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) 1-4, 12, 15, 16 and 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Combs (US 10,559,792).
As to claim 1, Combs discloses an electric battery (abstract) for an electrically or partially electrically driven motor vehicle (abstract), the battery comprising: a battery housing (202, 208, 214-inner layer, outer layer, structural foam) and a plurality of battery cells (220, 230 first and second cell) therein, the battery housing being made of an expanded or foamed plastic (structural foam such as Divinylcell (a PVC foam) (col 8 line 5-10).
As to claim 2. Combs discloses the electric battery according to claim 1, wherein the battery cells (220,230) are formed as prismatic cell (figure 2b depicts a rectangular cell).
As to claim 3. Combs discloses the electric battery according to claim 1, wherein the battery housing and/or a holder for the battery cells are made of the expanded or foamed plastic (structural foam such as Divinylcell (a PVC foam) (col 8 line 5-10).
As to claim 4. Combs discloses the electric battery according to claim 1, wherein the battery housing are of multi-piece construction (figure 2b disclose the housing having an inner skin and outer skin along with the structural foam thus is multi-piece).
As to claim 12. Combs discloses the electric battery according to claim 1, wherein the battery housing has passages that are formed as cooling passages (218).
As to claim 15. Combs discloses the electric battery according to claim 1, wherein the foamed plastic of the battery housing has a high gas content (spongy foam vs structural foam would have a high gas content) (col. 3 line 60-65) (high gas content as disclosed by applicant means that it is lightweight construction see [0016] of instantly publish application, thus spongy or structural foam can be considered to have a high gas content.)
As to claim 16, Combs discloses the foamed plastic of the battery housing contains a flame-retardant self-extinguishing material (col. 5 lines 53-60).
As to claim 18, Combs discloses the electric battery according to claim 1, wherein the battery housing or the battery cell structure is surrounded by a safety shell and/or safety elements are introduced into one or several cavities that are formed by the battery housing (256 spongy foam is bonded to the battery void or the cell-figure 2c, col. 2 lines 17-20) or battery cell structure.
It is noted the “and/or” language is in the alternative.
As to claim 19. Combs discloses the electric battery according to claim 1, wherein the battery housing can be designed arbitrarily with respect to its geometry, outer surface, and dimensions (col. 2 lines 12-20, or col 1 lines 46-60).
Claim(s) 20, 22, 24 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kim (US 2013/0143074 A1)
As to claim 20, Kim discloses a method for making and assembling an electric battery (10 unit battery pack) for a stationary unit wherein a plurality of battery cells (111-112-bare cells) is in a battery housing (200-case), characterized in that the battery housing is made of plastic and foamed (abstract) onto a battery cell structure and is cured there [0045]- the foam is injected into the mold 1).
As to claim 22. Kim discloses the method according to claim 20, wherein further comprising the step of: fixing the battery cell structure by electric cell connectors (114 -electrode tabs see figure 6a) during the foaming and curing of the battery housing [0058].
As to claim 24. Kim discloses the method according to claim 20, wherein the battery cell structure is used in an installation space of the unit, and is provided with the battery housing [0016] (the battery pack is coupled to an external device).
Claim(s) 1-8, 10,13-14, 18-20, 22, and 24 is/are rejected under 35 U.S.C. 102a1 as being anticipated Stuetz et al. (US 2015/0236313 A1).
As to claim 1, Stuetz discloses an electric battery for an electrically or partially electrically driven motor vehicle, the battery comprising:
a battery housing (9, 7, Figure 2) and a plurality of battery cells (4) therein, the battery housing being made of an expanded or foamed plastic (7) [0038].
As to claim 2, Stuetz discloses the electric battery according to claim 1, wherein the battery cells (4) are formed as pouch cell [0030].
As to claim 3, Stuetz discloses the electric battery according to claim 1, wherein the battery housing (9) for the battery cells and further battery components, are made of the expanded or foamed plastic [0038].
As to claim 4, Stuetz discloses the electric battery according to claim 1, wherein the battery housing are of multi-piece construction (lid 9b and bottom part 9a form the housing).
As to claim 5. Stuetz discloses the electric battery according to claim 1, wherein the battery housing has a cover (lib 9b).
As to claim 6. Stuetz discloses the electric battery according to claim 1, wherein the plus and minus poles (10c) extend through the battery housing to the exterior (figure 1).
As to claim 7. Stuetz discloses the electric battery according to claim 6, wherein further thermal interfaces extend through the battery housing to the exterior (10a, 10b feed and discharge cooling agent lines, figure 1).
As to claim 8. Stuetz discloses the electric battery according to claim 1, wherein the battery housing is made of plastic that is foamed onto a battery cell structure formed of the plurality of the battery cells of the electric battery, and that is cured there [0009].
As to claim 10. Stuetz discloses the electric battery according to claim 8, wherein the battery cells are joined together to form the battery cell structure by electric cell connectors that serve for electrical connection to each other (bus bars) [0017].
As to claim 13. Stuetz discloses the electric battery according to claim 1, wherein the battery housing has shapes formed on its outer side (6-support brackets), by which a plurality of electric batteries of this type or battery housings, can be joined together or stacked.
As to claim 14. Stuetz discloses the electric battery according to claim 1, wherein the battery housing has latching means (6-support brackets) on its outer side that latches a plurality of electric batteries of this type or battery housings with or to one another.
As to claim 18. Stuetz discloses the electric battery according to claim 1, wherein the battery housing or the battery cell structure is surrounded by a safety shell and/or safety elements are introduced into one or several cavities that are formed by the battery housing or battery cell structure[0038] (control devices, thermal sensors, degassing lines and cooling agent can be considered a safety element or aluminum sheet can be a safety shell of the housing [0039]).
As to claim 19. Stuetz discloses the electric battery according to claim 1, wherein the battery housing can be designed arbitrarily with respect to its geometry, outer surface, and dimensions [0041-0042].
As to claim 20, Stuetz discloses a method for making and assembling an electric battery for an electrically or partially electrically driven motor vehicle, wherein a plurality of battery cells (4) is in a battery housing (9,7), characterized in that the battery housing is made of plastic and foamed onto a battery cell structure and is cured there [0009].
As to claim 22, Stuetz discloses the method according to claim 20, wherein further comprising the step of: fixing the battery cell structure by electric cell connectors (bus bars) during the foaming and curing of the battery housing [0017].
As to claim 24, Stuetz discloses the method according to claim 20, wherein the battery cell structure is used in an installation space of the motor vehicle or unit, and is provided with the battery housing [0041-42].
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) 9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1) in view of Selinko (US 4,020,244).
As to claim 9, Stuetz et al discloses the electric battery according to claim 8 with the use of pressure plate but does not state that a belt is also used. Selinko discloses a clamping structure for battery cells and teaches the use of pressure plates are used with straps to clinch tight the pressure plated in a fixed position (col. 1 lines 50-60) thus disclosing the battery cells are joined together by a belt surrounding the battery cell structure.
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a band to the system of Stuetz because this ensures that the pressure plates are fixed in position.
As to claim 21, Stuetz et al discloses the method according to claim 20 where the batteries are held together with pressure plates but does not state a belt around the cells.
Selinko discloses a clamping structure for battery cells and teaches the use of pressure plates are used with straps to clinch tight the pressure plated in a fixed position (col. 1 lines 50-60) thus disclosing fixing the battery cell structure by a belt that surrounds the battery cell structure.
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a band to the system of Stuetz because this ensures that the pressure plates are fixed in position.
Since the pressure is applied prior to the foaming the belt surrounds the cell structure during the foaming and curing of the battery cell housing
Claim(s) 11 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1).
As to claims 11 and 23. Stuetz discloses the battery structure is secured by pressing plates but is silent to using a temporary fixing device. However this would have been within the skill of an ordinary artesian at the time the application was effectively filed to temporarily hold the cells with a removable fixing device, such as a removable band) during the foaming and curing step because make the battery module weigh less than the plates and still would provide pressure until the foam cures.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetz et al. (US 2015/0236313 A1) in view of Dunkel et al. (US 2013/0288100 A1).
As to claim 16. Stuetz discloses the electric battery according to claim 1, but does not disclose the foamed plastic of the battery housing contains a flame-retardant self-extinguishing material.
Dunkel et al. discloses a housing for battery cells and teaches the use of a flame retardant is in the housing walls [0023] which is made of a foam (abstract). By using a flame retardant an extinguishing action can be achieved as close as possible to the source of the fire and preferably also without influence from outside [0023].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the flame retardant because this would extinguish a fire as soon as possible.
As to claim 17. Stuetz discloses the electric battery according to claim 1, wherein the battery housing has a reservoir or a cavity, in which extinguishing substances can be stored [0027] (the gel remains in a layer thus a reservoir) . By using a flame retardant an extinguishing action can be achieved as close as possible to the source of the fire and preferably also without influence from outside [0023].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the flame retardant because this would extinguish a fire as soon as possible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/ Primary Examiner, Art Unit 1727