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 .
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 1-4, 7, and 14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kaplin (US 20090081532 A1, “Kaplin”).
Regarding claim 1, Kaplin discloses a battery cell (see abstract “battery cells”) comprising: a housing (see abstract “cell container”), an electrode stack assembly (see [0101] “stack of electrode layers”), and at least one terminal assembly (see [0056] “terminal end”; see [0057] “terminal portion”), wherein the electrode stack assembly is arranged in the housing (see [0105] “housing” & “electrode assembly” & “stacks”) and comprises first electrode assemblies and second electrode assemblies (see [0100] “the strips may be aligned along their lengths and then folded in an accordion fashion, or the anode and one electrode strip may be laid perpendicular to the cathode and another electrode strip and the electrodes alternately folded one across the other (orthogonally oriented), in both cases forming a stack of alternating anode and cathode layers” which reads on first electrode assemblies and second electrode assemblies), which first electrode assemblies comprise first electrodes and first strip elements (see abstract “strip-like electrodes”; see [0022] “negative electrode strip”), which second electrode assemblies comprise second electrodes and second strip elements (see [0022] “positive electrode strips”), wherein the at least one terminal assembly comprises a base part and a counter-element (see [0050] “positive terminal cover 40” reads on base part & “inwardly crimped top edge of the can 12” reads on counter-element), which base part comprises a first contact face, which counter-element comprises a second contact face (see FIG. 1 “12” & “40”; see annotated FIG. 1 “40” contains “1” which describes first contact face & “12” contains “2” which describes a second contact face), which counter-element resiliently engages with at least one groove recess of the base part in such a way that a first force is applied to the first contact face and the second contact face, pushing them towards one another (see [0050] “positive terminal cover 40, which is held in place by the inwardly crimped top edge of the can 12”), wherein the first strip elements are arranged between the first contact face and the second contact face (see annotated FIG. 1; see abstract “strip-like electrodes”), wherein the base part is electrically conductive and forms a connecting element, the connecting element being configured to be contacted from outside of the housing (see FIG. 1 “40”; see [0003] “Electrically conductive leads can be used for making electrical contact between electrodes and another cell component, such as the container or a cover closing a portion of the container” & see [0002] “in such cells the cell container can serve as or provide electrical contact to an external contact terminal”; see [0006] “lead is an electrically conductive strip that is fastened to a cover plate and external terminal”), the base part being electrically connected to the first electrodes via the strip elements (see FIG. 1 “40”; see abstract “strip-like electrodes”), wherein the connecting element of the base part extends outside of the housing to be contacted from outside of the housing (see [0014] “a lead for electrically connecting the electrode to a conductive component of a container of the cell”; see [0068] “An electrical lead can be made from a thin metal strip connecting the anode or negative electrode to one of the cell terminals”; see [0077] “The negative electrode lead can be oriented in generally any manner in relation to the length and width of the electrode”; see [0006] “lead is an electrically conductive strip that is fastened to a cover plate and external terminal”), wherein the first and second strip elements, the first contact face, the second contact face, and the counter-element are positioned within the housing (see annotated FIG. 1; see abstract “strip-like electrodes”), and wherein the first and second strip elements are physically disconnected on the base part (see annotated FIG. 1; see [0050] “positive terminal cover 40”; see abstract “strip-like electrodes”).
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Regarding claim 2, Kaplin discloses the battery cell of claim 1 and further discloses wherein the base part comprises two first contact faces, which are disposed on two opposite sides of the base part (see FIG. 1 “12” & “40”; see annotated FIG. 1 “40” contains “1” which describes first contact face & has two opposite of each other).
Regarding claim 3, Kaplin discloses the battery cell of claim 1 and further discloses wherein the connecting element of the base part extends through an opening formed in a housing wall of the housing and forms a terminal element on the outside of the housing (see [0003] “Electrically conductive leads can be used for making electrical contact between electrodes and another cell component, such as the container or a cover closing a portion of the container” & “leads can be connected to containers or covers in various ways, including by fastening (e.g., welding) and by pressure”; see FIG. 1; see [0009] “The metal strip lead is fastened to the negative electrode and makes pressure contact with the inside surface of the container side wall.”).
Regarding claim 4, Kaplin discloses the battery cell of claim 1 and further discloses wherein the counter-element is arranged on an inside of the housing wall (see [0050] “positive terminal cover 40” reads on base part & “inwardly crimped top edge of the can 12” reads on counter-element; see [0022] “wherein the lead is connected along a bottom portion of the negative electrode and extends outside the electrode assembly to make pressure contact with the sidewall or a bottom wall of the container”), and wherein the battery cell further comprises an electrical insulating element (see [0091] “portions of the separator may also insulate other components in electrical contact with the cell terminals to prevent internal short circuits”; see [0048] “separator or polymer film outer wrap 38”; see [0049] “insulating cone 46” in FIG. 1) having an inner surface that is seated in a groove disposed in the connecting element and an outer surface having a groove that is seated on the opening formed in the housing wall (see FIG. 1 “16 gasket” & see [0048] “gasket 16 is compressed between the can 12 and the cover 14 to seal an anode or negative electrode 18, a cathode or positive electrode 20 and electrolyte within the cell 10”).
Regarding claim 7, Kaplin discloses the battery cell of claim 1 and further discloses wherein the base part comprises a copper alloy (see FIG. 1 “40”; see Table 2 describes “lead material” & “copper-nickel alloy”).
Regarding claim 14, Kaplin discloses the battery cell of claim 1 and further discloses wherein the counter-element comprises two first protrusions having first free ends, which first protrusions approach one another at least in sections towards the free ends (see [0050] “positive terminal cover 40” reads on base part & “inwardly crimped top edge of the can 12” reads on counter-element; see annotated FIG. 1 “12” has protrusions & free ends), and in which the base part comprises a second protrusion having a second free ends (see annotated FIG. 1), which extends into the region between the two first protrusions and widens at least in sections towards the second free end in order to cause a clamping connection between the base part and the counter-element through the interaction of the first protrusions with the second protrusion (see FIG. 1 & see [0050] “cell 10 has a separate positive terminal cover 40, which is held in place by the inwardly crimped top edge of the can 12”).
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kaplin (US 20090081532 A1, “Kaplin”).
Regarding claim 5, Kaplin discloses the battery cell of claim 1 and further discloses in FIG. 1 the housing (see FIG. 1 & see [0048] describes “housing that includes a container in the form of a can 12”). Kaplin does not explicitly disclose cuboid, however, a skilled artisan would recognize the can disclosed by Kaplin in FIG. 1 has as a basic cuboid shape with a first housing side, a second housing side, a third housing side, a fourth housing side, a fifth housing side and a sixth housing side (see FIG. 1). Further, Kaplin discloses which first housing side is provided opposite to the second housing side, which third housing side is provided opposite to the fourth housing side, and which fifth housing side is provided opposite to the sixth housing side (see FIG. 1). A skilled artisan would recognize that the embodiment of FIG. 1 in 3D would have a cuboid shape and would have six opposing housing sides.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplin (US 20090081532 A1, “Kaplin”) as applied to claim 1 above, and further in view of Yamauchi et al. (US 20070117009 A1, “Yamauchi”).
Regarding claim 8, Kaplin discloses the battery cell of claim 1 and further discloses wherein the base part forms the first contact face in a region of the groove recess (see FIG. 1 “12” & “40”; see annotated FIG. 1 “40” & annotated “g” describes groove recess), in which the first strip elements (see abstract “strip-like electrodes”; see [0085] “the lead is crimped to form a spring-like portion extending parallel to the axial direction of the electrode so that the terminal free lead end forms a desirable pressure contact with the container sidewall after insertion in the cell container”), and in which the counter-element is formed as a spring element with the second contact face (see [0050] “positive terminal cover 40” reads on base part & “inwardly crimped top edge of the can 12” reads on counter-element; see FIG. 1 “12” & “40”; see annotated FIG. 1 “40” contains “1” which describes first contact face & “12” contains “2” which describes second contact face; see [0085]), which counter-element extends at least in sections into the groove recess and resiliently abuts with the second contact face against the first contact face via the first strip elements (see annotated FIG. 1 & [0085]).
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Kaplin does not explicitly disclose the first strip elements extend into the groove recess.
Yamauchi teaches strip elements extend into the groove recess (see FIG. 11 “51 negative electrode”; see [0010] “in this way, the tip of copper foil of the negative electrode 51 protruded to the window section 55”); see [0011] “Therefore, even if the battery is mounted on an electric vehicle and the like and receives vibration and impact repeatedly, the connection between the negative electrode 51 and the negative electrode current collecting body 52, and the positive electrode 53 and the positive electrode current collecting body of the rolled electrode 50 is not at risk of easy disconnection, thereby preventing deterioration of battery performance.”).
Kaplin and Yamauchi are analogous to the current invention because they are related to the same field of endeavor, namely batteries (see Yamauchi title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “51 negative electrode” & “negative electrode 51 protruded to the window section 55” as suggested by Yamauchi (see FIG. 11 & [0010]) into the battery of Kaplin because doing so prevents disconnection and deterioration of performance of the battery as suggested by Yamauchi (see [0011]).
Regarding claim 9, Kaplin discloses the battery cell of claim 8, but does not explicitly disclose wherein the groove recess comprises a first width in an inner region, at least in sections, the first width being greater than a second width in an outer region of the groove recess, in order to thereby enable a retaining effect of the counter-element in the groove recess.
Yamauchi teaches groove recess with varying widths (see annotated FIG. 2B describes “18B1” & annotated “2w” which describes second width; see “18B2” & “1w” which describes first width & “13A pressing plate”). Yamauchi teaches in [0011] “the substrates at an upper end of the negative electrode 51 protruded from the window section 55 of the pinching section 54 of the negative electrode current collecting body 52 have an end that is fixed in a bent manner, making it difficult for these substrates to come loose from the pinching section 54, even if the substrate tip is not properly welded or even if disconnected.”
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate groove recess with varying widths as suggested by Yamauchi (see annotated FIG. 2B) into the battery of Kaplin because doing so prevents the negative electrode from coming loose from the pinched section if not properly welded, as suggested by Yamauchi (see [0011]).
Regarding claim 10, Kaplin discloses the battery cell of claim 8 and further discloses wherein the base part comprises in the region of the groove recess a concave curvature, at least in sections, in order to reduce the risk of damage to the first strip elements or the second strip elements (see [0003] “Leads can be in various forms and shapes, such as wires, strips and springs, and leads can be connected to containers or covers in various ways, including by fastening (e.g., welding) and by pressure”; see [0054] “The shape(s) formed in the terminal portion of the lead can be oriented in any way that will allow insertion of the electrode assembly into the can without damaging the electrode assembly” & “edges of the groove point outward, toward the can side wall.”).
Claims 6 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplin (US 20090081532 A1, “Kaplin”) as applied to claim 1 above, and further in view of Schneider et al. (US 20170331078 A1, “Schneider”).
Regarding claim 6, Kaplin discloses the battery cell of claim 5 and further discloses wherein the at least one terminal assembly comprises a first terminal assembly (see [0056] “terminal end”; see [0057] “terminal portion”) and a second terminal assembly (see [0005] “external terminals”). Kaplin does not explicitly disclose in which the first terminal assembly is provided on the first housing side, and in which the second terminal assembly is provided on the second housing side.
Schneider teaches two terminals attached to two housing sides (see FIG. 1 describes the terminals on each housing side & FIG. 2 describes terminals “140 first terminal” & “142 second terminal”; see [0011] describes “a terminal protrudes through one end (for example the first end) of the cell housing. The electrical connection between the electrode plates and the terminal is made using a foldable electrical connector”). Schneider teaches battery pack and electrical connection of cells (see [0035] “within the battery pack housing 2, the cells 20 are electrically connected in series and/or in parallel”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate two terminals attached to two sidewalls, as suggested by Schneider (see [0011]) because doing so allows the cells to be electrically connected in series/parallel, as suggested by Schneider (see [0035]).
Regarding claim 15, Kaplin discloses the battery cell of claim 14, but does not explicitly disclose wherein the base part comprises two third protrusions, in which the first protrusions each extend into a region between the second protrusion and the associated third protrusion, which third protrusions form the first contact face, which first protrusions form the second contact face, and which first contact face is subjected to a force by the clamping connection between the base part and the counter-element towards the second contact face, wherein the first strip elements or the second strip elements extend between the first contact face and the second contact face.
Schneider teaches posts “502, 504” (see [0086] & FIG. 23) & “spring clips 522, 524” (see [0086] & FIG. 23). Schneider teaches “electrically conductive spring clips 522, 524 that are fixed to the outward-facing surface 96 of the second outer plate 94” & “within the spring clips 522, 524, whereby the electrical connection between the terminals 140, 142 and the second current collector assembly is achieved via a weld-free snap fit connection” in [0086]. Schneider teaches that the clamps “522, 524” and protrusions (see annotated FIG. 23 below protrusions “1”, “2”, and “3” of “522 spring clip” & “502 post”).
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Schneider teaches in which the first protrusions each extend into a region between the second protrusion and the associated third protrusion (see annotated FIG. 23 “1” extends into a region between “2” and “3”), which third protrusions form the first contact face (see annotated FIG. 23 forms contact with “94”), which first protrusions form the second contact face (see annotated FIG. 23 describes “1” contact “502”), and which first contact face is subjected to a force by the clamping connection between the base part and the counter-element towards the second contact face (see annotated FIG. 23 describes “1” & “502” and “522” are clamped together & see [0086]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate protrusions “1”, “2”, “3” described in annotated FIG. 23, suggested by Schneider (see annotated FIG. 23) into the battery cell of Kaplin because doing so provides a “weld-free snap fit connection”, as suggested by Schneider (see [0086]).
Regarding claim 16, Kaplin discloses the battery cell of claim 14, but does not explicitly disclose wherein at least one of the first protrusions comprises a spring element, the spring element enabling an increase of a distance between the two first protrusions upon application of a force.
Schneider teaches first protrusions comprises a spring element (see annotated FIG. 23 above & see [0086] “spring clips 522” & “assembly is achieved via weld-free snap fit connection”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “spring clips 522” which describe the first protrusions comprise a spring element, as suggested by Schneider (see FIG. 23 annotated above and [0086]) into the battery cell of Kaplin because doing so provides a “weld-free snap fit connection”, as suggested by Schneider (see [0086]).
Regarding claim 17, Kaplin discloses the battery cell of claim 16. Kaplin does not explicitly disclose wherein at least one of the first protrusions comprises a slot, which slot is configured to allow the spring element to be deflected into a region of the slot.
Schneider teaches a concaved slot region (see annotated FIG. 23 below annotated “s” describes the slot and annotated “p” describes the protrusion and describes the slot is configured to allow the spring “522” to be deflected into a region of the slot (annotated “s”); see [0086] describes “when the shaped posts 502, 504 are inserted into the spring clips 522, 524, the legs 526, 527 are deflected apart, and the elastic properties of the legs 526, 527 as well as the complimentary shape of the legs 526, 527 and shaped posts 502, 504, serve to retain the shaped posts 502, 504 within the spring clips 522, 524, whereby the electrical connection between the terminals 140, 142 and the second current collector assembly is achieved via a weld-free snap fit connection.”).
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “complimentary shape of the legs 526, 527, and shaped posts 502, 524, serve to retain the shaped posts 502, 504 within the spring clips 522, 524”, as suggested by Schneider (see [0086]) because doing so produces a “weld-fee snap fit connection”, as suggested by Schneider (see [0086]).
Regarding claim 18, Kaplin discloses the battery cell of claim 1 and further discloses “to provide good high power discharge performance” (see [0070]). Kaplin does not explicitly disclose a motor vehicle.
Schneider teaches a motor vehicle (see [0002] describes “provide power” & “hybrid electric vehicles (HEV) use a battery pack and an electric motor”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a motor vehicle, as suggested by Schneider and a skilled artisan would find it obvious to incorporate the battery into the motor vehicle to provide power to the HEV, as suggested by Schneider (see [0002]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplin (US 20090081532 A1, “Kaplin”) in view of Yamauchi et al. (US 20070117009 A1, “Yamauchi”) as applied to claim 8 above, and further in view of Yamauchi et al. (US 7887946 B2, “Yamauchi”).
Regarding claim 11, Kaplin discloses the battery cell of claim 8, but does not explicitly disclose wherein the counter-element is configured as a profile part, which has a first curvature direction in the profile in a first curvature region and two free ends, wherein the first curvature region is arranged at least in sections in the groove recess and at least one of the free ends protrudes out of the groove recess, wherein both free ends protrude out of the groove recess.
Yamauchi teaches free ends (see FIG. 1B describes “13a1” free ends; see FIG. 2B describes free ends 13A protrude out of a groove recess 18B2) and teaches “skirt section 18B2 may be provided at a bottom end” in P20 col 12 par 3 and further teaches “requires only one laser welding process” (see P20 col 12 par 3).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate free ends (13a1 in FIG. 1B) as suggested by Yamauchi into the battery cell of Kaplin because doing so minimizes laser welding as suggested by Yamauchi (see P20 col 12 par 3 & FIG. 2B).
Regarding claim 12, Kaplin discloses the battery cell of claim 11 and further discloses wherein the first curvature region passes through an angular range of at least 185 ° (see annotated FIG. 3B & FIG. 1).
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Regarding claim 13, Kaplin discloses the battery cell of claim 11 and further discloses wherein the counter-element comprises in the profile between the first curvature region and at least one of the free ends, at least in sections, a second curvature region having a second curvature direction, which second curvature direction is opposite to the first curvature direction (see annotated FIG. 1 “fe”).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplin (US 20090081532 A1, “Kaplin”) as applied to claim 1, and in further view of Yamauchi et al. (US 20070117009 A1, “Yamauchi”) and Schneider et al. (US 20170331078 A1, “Schneider”).
Regarding claim 19, Kaplin discloses the battery cell of claim 1 and further discloses first strip elements (see abstract “strip-like electrodes”; see [0022] “negative electrode strip”). Kaplin does not explicitly discloses wherein the first strip elements or the second strip elements directly contact the first contact face and the second contact face and wherein the first strip elements or the second strip elements are releasably clamped to the base part by the counter element without being welded to the base part.
Schneider teaches posts “502, 504” (see [0086] & FIG. 23) & “spring clips 522, 524” (see [0086] & FIG. 23). Schneider teaches “electrically conductive spring clips 522, 524 that are fixed to the outward-facing surface 96 of the second outer plate 94” & “within the spring clips 522, 524, whereby the electrical connection between the terminals 140, 142 and the second current collector assembly is achieved via a weld-free snap fit connection” in [0086]. Schneider teaches that the clamps “522, 524” and protrusions (see annotated FIG. 23 below protrusions “1”, “2”, and “3” of “522 spring clip” & “502 post”).
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate protrusions “1”, “2”, “3” described in annotated FIG. 23, suggested by Schneider (see annotated FIG. 23) into the battery cell of Kaplin because doing so provides a “weld-free snap fit connection”, as suggested by Schneider (see [0086]).
Regarding claim 20, Kaplin discloses the battery cell of claim 19 but does not explicitly disclose wherein (i) the first strip elements or the second strip elements and (ii) the second contact face of the counter-element are positioned within the groove recess and follow a curvature of the groove recess.
Yamauchi teaches in see FIG. 12 & see [0010] “In this way, the tip of copper foil of the negative electrode 51 protruded to the window section 55, as shown in FIG. 12, is curved towards an opposing direction from the side that the pressing plate piece 58 is protruded, by pressing the pressing plate piece 58 from obliquely above, so that the substrates of the negative electrode 51 curved at the end of the pressing plate piece 58 is fixed so as to be pressed down. Accordingly, the tip of the substrates of the negative electrode 51 which is pressed down at the tip of the pressing plate piece 58 is connected to the surrounding copper alloy plate by laser welding.” & Yamauchi teaches in [0011] “the substrates at an upper end of the negative electrode 51 protruded from the window section 55 of the pinching section 54 of the negative electrode current collecting body 52 have an end that is fixed in a bent manner, making it difficult for these substrates to come loose from the pinching section 54, even if the substrate tip is not properly welded or even if disconnected.”
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate 51 is curved, as suggested by Yamauchi (see [0010] & FIG. 12) into the battery cell of Kaplin because doing so makes it difficult for 51 to come loose if not properly welded or disconnected as suggested by Yamauchi (see [0011]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/S.A.A./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 05/04/2026
Prosecution Insights