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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "702", as seen in Figs. 7C, 7D, 7E, and 7F. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the other surface” in line 12. There is insufficient antecedent basis for this limitation in the claims. Thus, it is unclear what this limitation is referring to. For examination purposes, “the other surface” in line 12 will be read as “an other surface.”
Claims 2-17 are also rejected due to their dependence upon rejected claim 1.
Claim 10 recites the limitation “the conductive body portion” in lines 3-4. There is insufficient antecedent basis for this limitation in the claims. Thus, it is unclear what this limitation is referring to. For examination purposes, “the conductive body portion” in lines 3-4 will be read as “a conductive body portion.”
Appropriate correction is required in order to overcome the indefiniteness rejections. Suggested corrections are bolded and underlined for emphasis only.
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.
Claims 1-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schroeter (WO 2011012201 with English Machine Translation).
Regarding claim 1, Schroeter discloses a unit battery (1) for manufacture of battery modules or battery packs (12) (title; abstract), the unit battery (1) comprises: an electrode assembly (5) mounted in a cell case ([0074]; see Figs. 2-4), the electrode assembly being capable of being reversibly charged and discharged ([0016]; [0049]; [0110]); a positive electrode body portion (4), to which a positive electrode (5a, 6) of the electrode assembly (5) is connected (see Figs. 2-4; [0074]), the positive electrode body portion (4) being configured to serve as a positive electrode terminal for external connection while forming one surface of the cell case ([0005]-[0009]; [0070]; [0074]; [0099]-[0102]; see Figs. 2-4, and 10); a negative electrode body portion (2), to which a negative electrode (5b, 8) of the electrode assembly (5) is connected (see Figs. 2-4; [0074]-[0075]), the negative electrode body portion (2) being configured to serve as a negative electrode terminal for external connection while forming an other surface of the cell case ([0005]-[0009]; [0070]; [0074]-[0075]; [0099]-[0102]; see Figs. 2-4 and 10); and an insulation portion (9) configured to electrically insulate the positive electrode body portion (4) and the negative electrode body portion (2) from each other ([0078]-[0080]; [0021]; [0033]; [0089]-[0090]; [0106]-[0107]).
Regarding claim 2, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that the cell case is formed in the shape of a rectangular hexahedron (see Figs. 1, 5, and 10; [0091]-[0092]), and the one surface of the positive electrode body portion (4) and the other surface of the negative electrode body portion (2) are outer surfaces opposite each other based on a center of the hexahedron (see Figs. 1, 2, and 10).
Regarding claim 3, Schroeter discloses all of the limitations as set forth above for claim 2. Schroeter further discloses that the one surface of the positive electrode body portion (4) and the other surface of the negative electrode body portion (2) are two outer surfaces having relatively large areas among six faces of the cell case (see Figs. 1, 5, and 10; [0005]-[0009]).
Regarding claim 4, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that each of the positive electrode body portion (4) and the negative electrode body portion (2) have the same rectangular outer shape and are both made of an electrically conductive material (see Figs. 1 and 10; [0013]; [0078]; [0091]-[0092]; [0096]). Thus, a conductive external area (C) of the positive electrode body portion (4) and a conductive external area (A) of the negative electrode body portion (2) are necessarily the same, making a relationship (C-A)/Z with respect to a total external area (Z) of the unit battery (1) be equal to 0, reading on the claimed range of greater than or equal to 0 and less than 0.5.
Regarding claim 5, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that each of the positive electrode body portion (4) and the negative electrode body portion (2) have the same rectangular outer shape and are both made of an electrically conductive material (see Figs. 1 and 10; [0013]; [0078]; [0091]-[0092]; [0096]). Schroeter further discloses that the positive electrode body portion (4) and the negative electrode body portion (2) make up two opposite surfaces of the six surfaces of the unit battery (1) (see Figs. 1, 5, and 10; [0005]-[0009]). Furthermore, it is clear that the combination of the conductive external area (C) of the positive electrode body portion (4) (represented by the entire “one surface” of the cell case) and the conductive area (A) of the negative electrode body portion (2) (represented by the entire “other surface” of the cell case) is greater than 10% of the total external area (Z) of the unit battery (1) but less than 100% of the total external area (Z) (see Figs. 1, 5, and 10), reading on the claimed range of between 0.1 and 1.
Regarding claim 6, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses all of the limitations in claim 6 as set forth above for claims 4 and 5, which include all of the subject matter in claim 6.
Regarding claim 7, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that the positive electrode body portion (4) makes up one whole outer surface of the unit battery (1) (see Fig. 10; [0005]-[0009]). Thus, when viewed from the one surface of the positive electrode body portion (4), the positive electrode body portion (4) would necessarily be seen as having a size equivalent to 100% of a size of an outer surface of the unit batter (1), reading on the claimed range of 80% to 100%. Similarly, Schroeter discloses that the negative electrode body portion (2) makes up one whole outer surface of the unit battery (1) (see Fig. 10; [0005]-[0009]). Thus, when viewed from the other surface of the negative electrode body portion (2), the negative electrode body portion (2) would necessarily be seen as having a size equivalent to 100% of the size of the outer surface of the unit battery (1), reading on the claimed range of 80% to 100%.
Regarding claim 8, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that each of the positive electrode body portion (4) and the negative electrode body portion (2) are plates made of a metallic material ([0090]), reading on all of the limitations in claim 8.
Regarding claim 9, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that at least one of the positive electrode body portion (4) and the negative electrode body portion (2) is configured to have a structure in which an insulative resin (9) is added to an outer circumferential surface of a conductive plate (see Fig. 13; [0105]-[0106]).
Regarding claim 10, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that an insulative coating (9) is applied to at least one of the positive electrode body portion (4) and the negative electrode body portion (2) such that a part of a conductive body portion of the positive electrode body portion (4) and/or the negative electrode body portion (2) is exposed to an outside (Figs. 4, 12, and 13; [0079]-[0083]; [0102]-[0106]).
Regarding claim 11, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that the positive electrode body portion (4) forms the one surface of the cell case and at least some of outer surfaces adjacent to the one surface (see Figs. 1, 5, and 10; [0005]-[0009]; [0070]-[0071]), and the negative electrode body portion (2) forms the outer surface of the cell case and at least one of outer surfaces adjacent to the other surface (see Figs. 1, 5, and 10; [0005]-[0009]; [0070]-[0071]).
Regarding claim 12, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that the insulation portion (9) is located between the positive electrode body portion (4) and the negative electrode body portion (2) along outer surfaces of the cell case adjacent to the one surface and the other surface (see Fig. 13; [0105]-[0106]).
Regarding claim 14, Schroeter discloses a battery module (12) comprising two or more unit batteries (1) according to claim 1 (see Fig. 10; [0098]).
Regarding claim 15, Schroeter discloses all of the limitations as set forth above for claim 14. Schroeter further discloses that adjacent ones of the unit batteries (1) are electrically connected to each other in a state in which the positive electrode body portion (4) and the negative electrode body portion (2) are in direct physical contact with each other (see Fig. 10; [0099]-[0102]).
Regarding claim 16, Schroeter discloses all of the limitations as set forth above for claim 14. Schroeter further discloses a cooling plate disposed in physical contact with portions (2a, 4a) of the positive electrode body portion (4) and the negative electrode body portion (2) of each of the unit batteries (1) ([0070]-[0071]).
Regarding claim 17, Schroeter discloses a battery pack comprising at least one of the battery modules (12) according to claim 14 ([0033]; [0106]; [0110]).
Claims 1-8, 10-12, 14-15, and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nasu et al. (US 2022/0336818) (Nasu).
Regarding claim 1, Nasu discloses a unit battery (100) for manufacture of battery modules or battery packs (title; abstract; [0029]), the unit battery (100) comprising: an electrode assembly (13+30+23) mounted in a cell case (see Fig. 1; [0029]), the electrode assembly (13+30+23) being capable of being reversibly charged and discharged ([0025]; [0082]; [0216]); a positive electrode body portion (11), to which a positive electrode (13) of the electrode assembly (13+30+23) is connected (see Fig. 1; [0029]), the positive electrode body portion (11) being configured to serve as a positive electrode terminal for external connection while forming one surface of the cell case (see Fig. 1; [0140]); a negative electrode body portion (21), to which a negative electrode (23) of the electrode assembly (13+30+23) is connected (see Fig. 1; [0029]), the negative electrode body portion (21) being configured to serve as a negative electrode terminal for external connection while forming an other surface of the cell case (see Fig. 1; [0140]); and an insulation portion (40) configured to insulate the positive electrode body portion (11) and the negative electrode body portion (21) (see Fig. 1; [0029]; [0121]).
Regarding claim 2, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that the cell case is formed in the shape of a hexahedron, and the one surface of the positive electrode body portion (11) and the other surface of the negative electrode body portion (21) are outer surfaces opposite each other based on a center of the hexahedron (see Figs. 1 and 2B).
Regarding claim 3, Nasu discloses all of the limitations as set forth above for claim 2. Nasu further discloses that the one surface of the positive electrode body portion (11) and the other surface of the negative electrode body portion (21) are two outer surfaces having relatively-large areas among six faces of the cell case (see Figs. 1 and 2B).
Regarding claim 4, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that each of the positive electrode body portion (11) and the negative electrode body portion (21) have the same rectangular outer shape and are both made of an electrically conductive material (see Figs. 1 and 2B; [0029]; [0032]; [0091]). Thus, a conductive external area (C) of the positive electrode body portion (4) and a conductive external area (A) of the negative electrode body portion (2) are necessarily the same, making a relationship (C-A)/Z with respect to a total external area (Z) of the unit battery (1) be equal to 0, reading on the claimed range of greater than or equal to 0 and less than 0.5.
Regarding claim 5, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that each of the positive electrode body portion (11) and the negative electrode body portion (21) have the same rectangular outer shape and are both made of an electrically conductive material (see Figs. 1 and 2B; [0029; [0032]; [0091]). Nasu further discloses that the positive electrode body portion (11) and the negative electrode body portion (21) make up two opposite surfaces of the six surfaces of the unit battery (1) (see Figs. 1 and 2B; [0029]). Furthermore, it is clear that the combination of the conductive external area (C) of the positive electrode body portion (4) (represented by the entire “one surface” of the cell case) and the conductive area (A) of the negative electrode body portion (2) (represented by the entire “other surface” of the cell case) is greater than 10% of the total external area (Z) of the unit battery (1) but less than 100% of the total external area (Z) (see Figs. 1 and 2B), reading on the claimed range of between 0.1 and 1.
Regarding claim 6, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses all of the limitations in claim 6 as set forth above for claims 4 and 5, which include all of the subject matter in claim 6.
Regarding claim 7, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that the positive electrode body portion (11) makes up one whole outer surface of the unit battery (100) (see Figs. 1 and 2B; [0029]). Thus, when viewed from the one surface of the positive electrode body portion (11), the positive electrode body portion (4) would necessarily be seen as having a size equivalent to 100% of a size of an outer surface of the unit batter (100), reading on the claimed range of 80% to 100%. Similarly, Nasu discloses that the negative electrode body portion (21) makes up one whole outer surface of the unit battery (1) (see Figs. 1 and 2B; [0029]). Thus, when viewed from the other surface of the negative electrode body portion (21), the negative electrode body portion (21) would necessarily be seen as having a size equivalent to 100% of the size of the outer surface of the unit battery (100), reading on the claimed range of 80% to 100%.
Regarding claim 8, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that each of the positive electrode body portion (11) and the negative electrode body portion (21) can be made of a metal plate ([0032]; [0034]; [0091]).
Regarding claim 10, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that an insulative coating (40) is applied to at least one of the positive electrode body portion (11) and the negative electrode body portion (21) such that a part of a conductive body portion of the positive electrode body portion (11) and/or the negative electrode body portion (21) is exposed to an outside (see Fig. 1; [0029]; [0121]).
Regarding claim 11, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that the positive electrode body portion (11) forms the one surface of the cell case and at least one of outer surfaces adjacent to the one surface (see Fig. 1), and the negative electrode body portion (21) forms the other surface and at least some of outer surfaces adjacent to the other surface (see Fig. 1).
Regarding claim 12, Nasu discloses all of the limitations as set forth above for claim 1. Nasu further discloses that the insulation portion (40) is located between the positive electrode body portion (11) and the negative electrode body portion (21) along outer surfaces of the cell case adjacent to the one surface and the other surface (see Fig. 1).
Regarding claim 14, Nasu discloses a battery module (300) comprising two or more unit batteries (100) according to claim 1 (see Figs. 2A and 2B; [0130]; [0137]-[0138]).
Regarding claim 15, Nasu discloses all of the limitations as set forth above for claim 14. Nasu further discloses that adjacent ones of the unit batteries (100) are electrically connected to each other in a state in which the positive electrode body portion (11) and the negative electrode body portion (21) are in direct physical contact with each other ([0140]; see also Fig. 10).
Regarding claim 17, Nasu discloses a battery pack (500) comprising one or more battery modules (300) according to claim 14 (see Fig. 4; [0220]).
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.
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schroeter (WO 2011012201 with English Machine Translation) in view of Tsukuda (US 2011/0250485).
Regarding claim 13, Schroeter discloses all of the limitations as set forth above for claim 1. Schroeter further discloses that the unit battery (1) is intended for use in electric vehicles ([0012]; [0049]; [0110]). Schroeter fails to explicitly disclose, however, that the unit battery (1) is a high-capacity secondary battery having a capacity of 10 Ah or more or a high-current secondary battery having a current of 0.5 C or more.
However, high-capacity secondary batteries are known in the art to be used in electric vehicles. For instance, Tsukuda teaches a similar unit battery (100), wherein the unit battery (100) is a high-capacity secondary battery having a capacity of 10 Ah or more ([0234]), reading on the claimed range of 10 Ah or more. Tsukuda further teaches that this configuration is suitable for use in electric vehicles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the unit battery disclosed by Schroeter to be a high-capacity secondary battery having a capacity within the claimed range, as taught by Tsukuda, because they would have had a reasonable expectation that doing so would allow the unit battery to be suitable for use in electric vehicles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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/B.C.D./Examiner, Art Unit 1749
/BLAINE COPENHEAVER/Primary Examiner, Art Unit 1781