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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 6-10 and 12-14 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.
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), further 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.
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.”).
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.”).
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.”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725