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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4, 6-10 and 12-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Here, newly amended backpressure prevention feature of claims 1, 13, and 14 is addressed by Stude, as presented in the action below, and claim 15 is addressed by Stude in view of Jeong and Chen (US 2015/0079426 A1), presented in the action below.
Additionally, in regards to the limitation of claims 1, 13, and 14 that requires that the fabric band is in direct contact with the safety vent, the applicant asserts that Stude fails to explicitly teach said structure. This has been fully considered, and is persuasive. However, Stude makes obvious said structure, as discussed below
Here, Stude discloses that the purpose of their woven fabric layer is to form a barrier to sparks and flames (Paragraph 0091, “preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames”). Accordingly, if the fabric layer were not placed in direct contact with the safety vent, sparks and flames would be able to escape around the fabric layer, to contact other battery cells, based on the positioning shown in Stude’s figure 3. Accordingly, for the purpose of achieving the stated goal of Stude’s fabric layer, it would therefore be obvious to one ordinarily skilled in the art to place the fabric band in direct contact with the safety vent, so as to fully contain sparks and flames.
Additionally, in regards to claims 1, 6, 13, and 14, the applicant asserts that the limitation which requires that the fabric band surround the housing, run over the housing, and run across the outside of the housing multiple times, said structure is not satisfied. Here, to clarify the nature of the rejection, the housing discussed in the rejections herein is the housing of the individual battery cells 12 of Stude, rather than the battery block housing 11. Here, this is consistent with the claimed limitations regarding the positioning of the housing, vent, and fabric band.
Additionally, in regards to the limitation which requires that the fabric band has a density chosen to allow gas to flow through at a rate which prevents backpressure at the safety valve or vent. Here, for the purpose of examination, this limitation is interpreted as requiring that the density chosen allow gas to flow through at a rate which accounts for or reduces backpressure at the safety valve or vent, as discussed in the office action herein in regards to indefiniteness. This limitation is satisfied by Stude, as they disclose that their fabric band is designed to allow for gas to pass through (Paragraph 0091, “The cover layer 2, 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2, 3 to the fibre layer 5, preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”). Accordingly, this represents an accounting for and reduction of backpressure compared to a totally solid layer, thereby satisfying the limitation of the claim.
Additionally, in regards to the limitation of claim 15, which requires that the material of the fabric band allows gas to pass through the fabric band when the pressure of the housing is 0.9 MPa±0.2MPa, this feature is addressed by Stude in view of Chen.
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, 2, 4, 6-10 and 12-15 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.
Here, claim 1 requires the feature “wherein the fabric band has a density chosen to allow gas to flow through at a rate which prevents backpressure at the safety valve or vent”. Here, this limitation is indefinite as it does not clearly indicate the structure required in a manner that can be reasonably understood by one ordinarily skilled in the art. As the claim requires that the fabric band has a density such that the gas can flow through the fabric band at a rate that does not cause any backpressure, this is inconsistent with the common understanding of backpressure. Backpressure is understood as an opposition (i.e. pressure) exerted on a flowing medium as a result of friction, inertia, gravity, or another cause, as defined by Merriam-Webster (https://www.merriam-webster.com/dictionary/back%20pressure, “Backpressure: opposition to flow of a liquid or gas due to friction, inertia, gravity, or other cause”).
As the fabric band is a physical object that acts as an obstruction to the flowing gas, it would inherently cause an amount of backpressure at any density, as the presence of matter of the fabric band in the gas flow path would result in a reduction of the flow area, and friction between the flowing gas and fabric bant material, both of which would result in resistance to the flow rate of the gas. Accordingly, as any density where the fabric band does exist (i.e. above 0), would cause backpressure for any gas flow rate where the flow rate exists (i.e. above 0), and the claim is accordingly indefinite.
This indefiniteness is based on a broadest reasonable interpretation of “prevent backpressure”, based on the context provided in the specification, such that “prevent backpressure” means a prevention of any backpressure being present. For the sake of this office action, to expedite prosecution, this claim is interpreted such that “prevent backpressure” means to account for or minimize backpressure. It is requested that the applicant clarify the appropriate interpretation in their response, and if necessary amend the claims accordingly.
Claim 13 is indefinite for the same reasons as claim 1 as presented above.
Claim 14 is indefinite for the same reasons as claim 1 as presented above.
Claim 15 recites the limitation "the fabric" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. Here, it is noted that the claims provide antecedent basis for “the fabric band”, but it is not clear which component of the fabric band is referred to by “the fabric”. For the purpose of this office action, this limitation is interpreted as referring to “the fabric band”.
Claims 2, 4, 6-10, 12, and 15 are indefinite as a result of their dependence on an indefinite claim.
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.
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) 1, 2, 6-10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stude (US 20210074960 A1), in view of Jeong (US 20200343520 A1).
Regarding Claim 1, Stude is an analogous art to the instant application being directed towards the art of metal ion battery cells (Paragraph 165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery,”). Stude discloses a metal ion battery cell 12 comprising a plurality of electrodes and an electrolyte, through their disclosure that their battery resolves a safety feature issue present in electrode structure (Paragraph 0005, “If a local short-circuit of the internal electrodes in a battery cell occurs”), and an electrolyte such that lithium-ion batteries are defined in the art as comprising electrolytes.
Additionally, in regards to the limitation which requires that the electrolyte and electrodes be encased within a housing which comprises a safety valve or vent on a top cover of the housing, Stude is silent in regards to the structure of their battery cells 12 as the battery cells 12 in their figures are presented in the form of an outline from a cross-sectional perspective which does not allow for any determination as to what shape of cells are used or further structural details.
Therefore we look to Jeong, which is an analogous art to the instant application, being directed towards metal ion battery cell art (Paragraph 0041, “while allowing lithium ions to move.”). Jeong discloses metal ion batteries with pluralities of electrodes (Abstract, “For example, one embodiment provides a secondary battery which comprises: an electrode assembly including a first electrode plate and a second electrode plate”) and an electrolyte (through their definition of lithium secondary batteries comprising electrolytes (Paragraph 0003, “When a lithium secondary battery, for example, is overcharged, an electrolyte”)) encased within a housing (Paragraph 0005, “a case housing the electrode assembly”). Additionally, Jeong discloses a safety vent on a top cover of the housing, here safety vent 160 (Paragraph 0045, “The first current collection tab 121 electrically connect the first tabs 111a and the safety vent 160.”) which is shown in their figure 2 as being on a top cover of the housing. Here, the safety vent of Jeong is configured to allow gas build up within the housing to vent outside the housing (Paragraph 0057, “The safety vent 160 is installed to make close contact with other parts of the cap-up 150, except for the upwardly protruding part, and discharges internal gases while interrupting the current when an internal pressure is abnormally generated within the case 140.”), thereby resolving abnormal pressure conditions. Accordingly, where Jeong discloses a cylindrical battery cell with pressure venting capabilities and the invention of Stude is directed towards allowing gasses to escape from a battery pack (Paragraph 0091, “, preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”) it would be obvious to one ordinarily skilled in the art to make use of the cylindrical cells of Jeong as the battery cells 12 of Stude, thereby making obvious the limitation which requires that the metal ion battery cell have a safety valve or vent on a top cover of the housing and being configured to allow gas buildup within the housing to vent outside the housing.
Additionally, Stude discloses a fabric band surrounding the housing of the batteries 12, here the insulation material 1 which is a fabric band (Paragraph 0072, “One or each fibre layer 5 is preferably formed from a needled and/or bonded nonwoven. For the purposes of the present invention, the term “needled nonwoven” is preferably to be understood as a textile fabric”), which surrounds the outside of the housing of the battery 12, where fully surrounding the housing means that it runs across the housing and covers the safety vent of Jeong’s cylindrical battery.
However, in regards to the limitation that requires that the fabric band is in direct contact with the safety vent, Stude fails to explicitly disclose said structure. However, Stude does disclose that the purpose of their woven fabric layer is to form a barrier to sparks and flames (Paragraph 0091, “preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames”). Accordingly, if the fabric layer were not placed in direct contact with the safety vent, sparks and flames would be able to escape around the fabric layer, to contact other battery cells, based on the positioning shown in Stude’s figure 3. Accordingly, for the purpose of achieving the stated goal of Stude’s fabric layer, it would therefore be obvious to one ordinarily skilled in the art to place the fabric band in direct contact with the safety vent, so as to fully contain sparks and flames.
Additionally, Stude discloses structure wherein the fabric band allows for the passage of gas through the fabric band but where sparks are contained by the fabric band (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”).
Additionally, in regards to the limitation which requires that the fabric band has a density chosen to allow gas to flow through at a rate which prevents backpressure at the safety valve or vent. Here, for the purpose of examination, this limitation is interpreted as requiring that the density chosen allow gas to flow through at a rate which accounts for or reduces backpressure at the safety valve or vent. This limitation is satisfied by Stude, as they disclose that their fabric band is designed to allow for gas to pass through (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”). Accordingly, this represents an accounting for and reduction of backpressure compared to a totally solid layer, thereby satisfying the limitation of the claim.
Regarding Claim 2, modified Stude makes obvious the invention of Claim 1. Additionally, Stude discloses structure wherein the metal ion battery cell is a lithium ion battery cell (Paragraph 0165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery”). Additionally, the battery cell made obvious by Jeong is a lithium (Paragraph 0041, “while allowing lithium ions to move.”) secondary battery (Paragraph 0004, “The present disclosure provides a secondary battery”).
Regarding Claim 4, modified Stude makes obvious the invention of Claim 1. Additionally, the battery cell structure made obvious by Jeong is a cylindrical (Paragraph 0053, “The case 140 includes a side surface plate 141 shaped of a cylindrical body”) lithium ion battery cell (Paragraph 0041, “while allowing lithium ions to move.”).
Regarding Claim 6, modified Stude makes obvious the invention of Claim 1. Additionally, Stude discloses structure where the fabric band surrounds the housing a multiple number of times, through disclosing that insulation layer 1 is wound around the batteries 12, having multiple layers located on sides of each battery 12,as shown in figure 3. Accordingly, this results in structure wherein the side faces of the battery cells 12 are surrounded by multiple layers of the fabric band segments 1B and 1D shown in figure 3, thereby resulting where fabric bands surround the outside of the hosing a multiple number of times.
Regarding Claim 7, Stude anticipates the invention of Claim 1. Additionally, Stude discloses structure wherein the fabric band is elastic (Paragraph 0014, “Thus, the fibre layer according to the invention is on the one hand stretchable and pressure-elastic”).
Regarding Claim 8, Stude anticipates the invention of Claim 1. Additionally, Stude discloses structure wherein the fabric band comprises a heat resistant material (Paragraph 0014, “At the same time, the fibre layer has a high thermal insulation capacity, as the intertwined fibres efficiently reduce the passage of thermal energy through the fibre layer. This is particularly advantageous in the event of uncontrolled heat generation within the battery, for example when a thermal runaway of a battery cell occurs, as this significantly delays the complete destruction or explosion of the battery.”).
Regarding Claim 9, Stude anticipates the invention of Claim 1. Additionally, Stude discloses structure where the fabric band comprises a felt material 5 (Paragraph 0072, “One or each fibre layer 5 is preferably formed from a needled and/or bonded nonwoven.”) which is needled between one or more woven fabrics 2 and 3 (Paragraph 0093, “Preferably, at least one of the cover layers 2 , 3 is configured as a heat-resistant metal layer, preferably aluminium foil, or as a heat-resistant plastic layer, preferably polyimide foil, or as a heat-resistant woven fabric layer,”)
Regarding Claim 10, modified Stude makes obvious the invention of Claim 1. Additionally, Stude discloses structure which further comprises a filter covering a vent of their battery pack (Paragraph 0130, “The outlet 23 may have a filter 24 for gases and/or a valve 25 , in particular a one-way valve. By the valve, it can be ensured that gases can escape from the battery 8 but that no gases can enter the battery 8.”). However, Stude is silent in regards to the structure of the filter, and therefore fails to disclose that it is a felt filter. However, based on the other disclosure of Stude, based on the heat insulation material 1 being directed to allow the passage of gasses while preventing flames (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”), it would therefore be obvious to one ordinarily skilled in the art to achieve this stated goal of the Stude’s filter by making use of the heat insulation layer 1 as the filter for the vent. Additionally, where the heat insulation layer 1 comprises felt layers (Paragraph 0029, “Particularly preferably, the intermediate ply comprises two fibre layers, in particular of needled nonwoven”), thereby resulting in structure where the filter covering the vent has a felt layer and is therefore a felt filter.
Additionally, where Jeong discloses that their battery’s safety vents goal is to allow the release of pressurized gasses (Paragraph 0057, “The safety vent 160 is installed to make close contact with other parts of the cap-up 150, except for the upwardly protruding part, and discharges internal gases while interrupting the current when an internal pressure is abnormally generated within the case 140.”), and where hot gas exposure can be damaging to a battery, it would be obvious to one ordinarily skilled in the art to apply the one-way felt filter to the tops of the safety vents of Jeong’s battery to prevent released gas from returning to contact the battery, thereby reading upon and making obvious the limitation of the instant claim.
Regarding Claim 12, Stude discloses a method of manufacturing a metal-ion battery cell according to claim 1 (Paragraph 0001, “The present invention concerns a multi-layer heat insulation element for thermal insulation of a battery according to the preamble of claim 1 , a battery with a multi-layer heat insulation element according to the preamble of claim 35 , and a use of a multi-layer heat insulation element according to the preamble of claim 49 .”), where the method comprises the steps of applying a fabric band to a metal ion battery cell (Paragraph 0002, “In the present invention, the term “heat insulation element” is preferably to be understood as a flat component consisting of a layered structure, in particular a layer package, which is designed and/or used for the thermal insulation of a battery.”; Paragraph 0042, “In particular, the heat insulation element is attached and/or fixed to or in a housing lid and/or housing top part of the housing, preferably glued on.”; Paragraph 0045, “Alternatively or additionally, the heat insulation element and/or another heat insulation element can be arranged on the inside on a floor and/or the underside of the housing interior. In this way it is possible to protect the battery against heat acting on the battery from the underside, for example in the event of a fuel fire on the road.”), which results in the structure of the safety valve on the batteries of Jeong being covered by the fabric band, where the safety valve on the top face of the metal ion battery cell is covered by the fabric band.
Regarding Claim 13, Stude is an analogous art to the instant application being directed towards the art of metal ion battery cells (Paragraph 165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery,”).
Stude discloses a power module comprising a plurality of metal ion battery cells (Paragraph 165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery,”; Paragraph 0003, “The battery is preferably composed of several interconnected accumulator cells and/or cell blocks, i.e. battery cells.”).
Additionally, in regards to the limitation which requires that the battery cells be encased within a housing which comprises a safety valve or vent on a top cover of the housing, Stude is silent in regards to the structure of their battery cells 12 as the battery cells 12 in their figures are presented in the form of an outline from a cross-sectional perspective which does not allow for any determination as to what shape of cells are used or further structural details.
Therefore we look to Jeong, which is an analogous art to the instant application, being directed towards metal ion battery cell art (Paragraph 0041, “while allowing lithium ions to move.”). Jeong discloses metal ion batteries with pluralities of electrodes (Abstract, “For example, one embodiment provides a secondary battery which comprises: an electrode assembly including a first electrode plate and a second electrode plate”) and an electrolyte (through their definition of lithium secondary batteries comprising electrolytes (Paragraph 0003, “When a lithium secondary battery, for example, is overcharged, an electrolyte”)) encased within a housing (Paragraph 0005, “a case housing the electrode assembly”). Additionally, Jeong discloses a safety vent on a top cover of the housing, here safety vent 160 (Paragraph 0045, “The first current collection tab 121 electrically connect the first tabs 111a and the safety vent 160.”) which is shown in their figure 2 as being on a top cover of the housing. Here, the safety vent of Jeong is configured to allow gas build up within the housing to vent outside the housing (Paragraph 0057, “The safety vent 160 is installed to make close contact with other parts of the cap-up 150, except for the upwardly protruding part, and discharges internal gases while interrupting the current when an internal pressure is abnormally generated within the case 140.”), thereby resolving abnormal pressure conditions. Accordingly, where Jeong discloses a cylindrical battery cell with pressure venting capabilities and the invention of Stude is directed towards allowing gasses to escape from a battery pack (Paragraph 0091, “, preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”) it would be obvious to one ordinarily skilled in the art to make use of the cylindrical cells of Jeong as the battery cells 12 of Stude, thereby making obvious the limitation which requires that the metal ion battery cell have a safety valve or vent on a top cover of the housing and being configured to allow gas buildup within the housing to vent outside the housing, as well as structure wherein the battery cells of the plurality of battery cells are each encased by a housing.
Additionally, Stude discloses a fabric band surrounding the housing of the batteries 12, here the insulation material 1 which is a fabric band (Paragraph 0072, “One or each fibre layer 5 is preferably formed from a needled and/or bonded nonwoven. For the purposes of the present invention, the term “needled nonwoven” is preferably to be understood as a textile fabric”), which surrounds the outside of the housing of the battery 12, where fully surrounding the housing means that it runs across the housing and covers the safety vent of Jeong’s cylindrical battery.
Additionally, Stude discloses structure wherein the fabric band allows for the passage of gas through the fabric band but where sparks are contained by the fabric band (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”).
However, in regards to the limitation that requires that the fabric band is in direct contact with the safety vent, Stude fails to explicitly disclose said structure. However, Stude does disclose that the purpose of their woven fabric layer is to form a barrier to sparks and flames (Paragraph 0091, “preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames”). Accordingly, if the fabric layer were not placed in direct contact with the safety vent, sparks and flames would be able to escape around the fabric layer, to contact other battery cells, based on the positioning shown in Stude’s figure 3. Accordingly, for the purpose of achieving the stated goal of Stude’s fabric layer, it would therefore be obvious to one ordinarily skilled in the art to place the fabric band in direct contact with the safety vent, so as to fully contain sparks and flames.
Additionally, in regards to the limitation which requires that the fabric band has a density chosen to allow gas to flow through at a rate which prevents backpressure at the safety valve or vent. Here, for the purpose of examination, this limitation is interpreted as requiring that the density chosen allow gas to flow through at a rate which accounts for or reduces backpressure at the safety valve or vent. This limitation is satisfied by Stude, as they disclose that their fabric band is designed to allow for gas to pass through (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”). Accordingly, this represents an accounting for and reduction of backpressure compared to a totally solid layer, thereby satisfying the limitation of the claim.
Regarding Claim 14, Stude is an analogous art to the instant application being directed towards the art of metal ion battery cells (Paragraph 165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery,”).
Stude discloses a battery pack comprising one or more power modules, each power module comprising a plurality of metal ion battery cells (Paragraph 165, “The present invention also concerns the use of the proposed heat insulation element 1 on and/or in a battery 8 , preferably a lithium-ion battery,”; Paragraph 0003, “The battery is preferably composed of several interconnected accumulator cells and/or cell blocks, i.e. battery cells.”). Here, Stude’s figure 3 depicts groupings of battery cells 12. Each grouping of battery cells 12 is a power module.
Additionally, in regards to the limitation which requires that the battery cells be encased within a housing which comprises a safety valve or vent on a top cover of the housing, Stude is silent in regards to the structure of their battery cells 12 as the battery cells 12 in their figures are presented in the form of an outline from a cross-sectional perspective which does not allow for any determination as to what shape of cells are used or further structural details.
Therefore we look to Jeong, which is an analogous art to the instant application, being directed towards metal ion battery cell art (Paragraph 0041, “while allowing lithium ions to move.”). Jeong discloses metal ion batteries with pluralities of electrodes (Abstract, “For example, one embodiment provides a secondary battery which comprises: an electrode assembly including a first electrode plate and a second electrode plate”) and an electrolyte (through their definition of lithium secondary batteries comprising electrolytes (Paragraph 0003, “When a lithium secondary battery, for example, is overcharged, an electrolyte”)) encased within a housing (Paragraph 0005, “a case housing the electrode assembly”). Additionally, Jeong discloses a safety vent on a top cover of the housing, here safety vent 160 (Paragraph 0045, “The first current collection tab 121 electrically connect the first tabs 111a and the safety vent 160.”) which is shown in their figure 2 as being on a top cover of the housing. Here, the safety vent of Jeong is configured to allow gas build up within the housing to vent outside the housing (Paragraph 0057, “The safety vent 160 is installed to make close contact with other parts of the cap-up 150, except for the upwardly protruding part, and discharges internal gases while interrupting the current when an internal pressure is abnormally generated within the case 140.”), thereby resolving abnormal pressure conditions. Accordingly, where Jeong discloses a cylindrical battery cell with pressure venting capabilities and the invention of Stude is directed towards allowing gasses to escape from a battery pack (Paragraph 0091, “, preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”) it would be obvious to one ordinarily skilled in the art to make use of the cylindrical cells of Jeong as the battery cells 12 of Stude, thereby making obvious the limitation which requires that the metal ion battery cell have a safety valve or vent on a top cover of the housing and being configured to allow gas buildup within the housing to vent outside the housing, as well as structure wherein the battery cells of the power modules are each encased by a housing, thereby resulting in structure wherein the power module is encased by a housing.
Additionally, Stude discloses a fabric band surrounding the housing of the batteries 12, here the insulation material 1 which is a fabric band (Paragraph 0072, “One or each fibre layer 5 is preferably formed from a needled and/or bonded nonwoven. For the purposes of the present invention, the term “needled nonwoven” is preferably to be understood as a textile fabric”), which surrounds the outside of the housing of the battery 12, where fully surrounding the housing means that it runs across the housing and covers the safety vent of Jeong’s cylindrical battery.
Additionally, Stude discloses structure wherein the fabric band allows for the passage of gas through the fabric band but where sparks are contained by the fabric band (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”).
However, in regards to the limitation that requires that the fabric band is in direct contact with the safety vent, Stude fails to explicitly disclose said structure. However, Stude does disclose that the purpose of their woven fabric layer is to form a barrier to sparks and flames (Paragraph 0091, “preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames”). Accordingly, if the fabric layer were not placed in direct contact with the safety vent, sparks and flames would be able to escape around the fabric layer, to contact other battery cells, based on the positioning shown in Stude’s figure 3. Accordingly, for the purpose of achieving the stated goal of Stude’s fabric layer, it would therefore be obvious to one ordinarily skilled in the art to place the fabric band in direct contact with the safety vent, so as to fully contain sparks and flames.
Additionally, in regards to the limitation which requires that the fabric band has a density chosen to allow gas to flow through at a rate which prevents backpressure at the safety valve or vent. Here, for the purpose of examination, this limitation is interpreted as requiring that the density chosen allow gas to flow through at a rate which accounts for or reduces backpressure at the safety valve or vent. This limitation is satisfied by Stude, as they disclose that their fabric band is designed to allow for gas to pass through (Paragraph 0091, “The cover layer 2 , 3 of a woven fabric 21 is laminated and/or glued preferably to the fibre layer 5 or otherwise firmly connected to the fibre layer 5 . Particularly preferably, an air-permeable and/or gas-permeable adhesive is used for connecting the woven fabric 21 forming a cover layer 2 , 3 to the fibre layer 5 , preferably wherein the adhesive allows gases to escape and/or pass through but forms a barrier to sparks or flames.”). Accordingly, this represents an accounting for and reduction of backpressure compared to a totally solid layer, thereby satisfying the limitation of the claim.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stude (US 20210074960 A1), in view of Jeong (US 20200343520 A1) as applied to claim 1 above, further in view of Chen (US 2015/0079426 A1).
In regards to Claim 15, modified Stude makes obvious the invention as disclosed above in regards to claim 1. Additionally, in regards to the limitation of the instant application, which requires that the safety valve is a one way valve arranged to open at 0.9MPa±0.2MPa, and wherein the material of the fabric band allows gas to pass through the fabric when the pressure within the housing is 0.9MPa±0.2MPa, it is noted that the safety valve feature is optional. Though this limitation further limits the safety valve, it does not positively recite it as being present, and accordingly the feature of this claim directed towards safety valve structure is optional.
In regards to the limitation which requires that the material of the fabric band allows gas to pass through the fabric when the pressure within the housing is 0.9MPa±0.2MPa, Stude is silent in regards to the pressure through which gas can pass through the fabric band. Accordingly, we look to Chen, which is an analogous art to the instant application, being directed towards the art of metal ion battery cells encased in housings comprising electrodes and an electrolyte (Abstract, “Provided is a lithium ion battery including a battery can, a battery core received in the battery can, electrolyte filled in the battery can, and a battery cover assembled to the battery can.”). Here, Chen discloses that their battery housing comprises a pressure relief valve which ruptures in the event of thermal runaway (Abstract, “The battery can or the battery cover is provided with a pressure relief valve, and the pressure relief valve is coupled with a mesh cover defining a number of through holes therein. According to the present invention, when thermal runaway occurs to the lithium ion battery, the pressure relief valve breaks timely.”). Here, Chen discloses that the pressure relief plate of their pressure vent can bear a pressure of 0.2 to 1.0 MPa (Paragraph 0051, “According to one preferable embodiment of the present invention, the pressure relief plate 50 can bear a pressure of 0.2˜1.0 MPa.”). Here, Chen discloses that when the pressure relief plate break pressure is selected and controlled, it allows for a specific portion of the plate to be broken, controlling the gas release (Paragraph 0051, “According to another embodiment of the present invention, the pressure relief plate 50 is provided with a weakened area or weakened line which can break when the pressure in the lithium ion battery exceeds a predetermined value, so that the rupture position of the pressure relief plate 50 can be limited to a predetermined area”). Accordingly, where the cylindrical battery of Jeong, as discussed above as being combined with Stube, comprises a break portion through which gas is discharged when broken (Paragraph 0058, “Here, a portion of the sub-plate 162 , which is welded to the protrusion part 161 , is ruptured, and the sub-plate 162 is electrically disconnected from the safety vent 160 . In addition, when the internal pressure of the case 140 exceeds a rupture pressure higher than the operating pressure of the safety vent 160 , the safety vent 160 is ruptured. Accordingly, the internal gas may be discharged through the gas discharge holes 151 of the cap-up 150.”). Accordingly, it would be obvious to one ordinarily skilled in the art to make use of the break pressure of Chen in the combined inventions of Stube and Jeong, based on a reasonable expectation of success in the art.
Additionally, where the purpose of Stube’s fabric band is to allow for the escape of gas during a rupture event, while capturing sparks and flame (Paragraph 0091), it would be obvious to one ordinarily skilled in the art to select a material of the fabric band such that it is capable of allowing gas to pass through at the pressure at which the battery cells rupture, to achieve the stated effect of allowing gasses to escape.
Accordingly, where Chen makes obvious a rupture pressure of 0.2-1.0 MPa, it would be obvious to one ordinarily skilled in the art to make use of a fabric band that allows gas to pass through the fabric when the pressure within the housing is 0.2-1.0 MPa. Accordingly, where the range of 0.2-1.0 MPa overlaps with the range of 0.9MPa±0.2MPa of the instant claim, this overlapping range constitutes a prima facia case of obviousness, "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
Conclusion
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/J.W.E./Examiner, Art Unit 1725
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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