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 Amendment
The amendment filed on 11 March 2025 has been entered. Claims 1, 3, and 5-7 are amended. Claims 11-20 are canceled. New claims 21-30 are added. Claims 9 and 10 remain withdrawn from consideration. Claims 1-8 and 21-30 are examined herein.
The rejection of claims 1, 2, and 5-7 as unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1) is maintained.
The rejection of claims 3 and 4 as unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1), as applied to claim 1, and further in view of Huang et al (CN 216903167 U) is maintained.
The rejection of claims 1, 2, 5, and 6 as unpatentable over Lande et al (US 20060127584 A1) in view of Giorgini (US 11114719 B2) is withdrawn due to Applicant’s amendment.
The rejection of claims 3-4 as unpatentable over Lande et al (US 20060127584 A1) in view of Giorgini (US 11114719 B2) and Huang et al (CN 216903167 U) is withdrawn due to Applicant’s amendment.
New rejections follow.
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 26-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 26 at line 7, there is insufficient antecedent basis for “each set of adjacent battery cell tabs”. There is no prior recitation of battery cell tabs or of any sets of such tabs. Claims 27-30 depend form claim 26 and are indefinite for the same reason.
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.
Claims 1-2, 5-7, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1).
Regarding claim 1, Chen teaches a battery cell unit including spacers 2 filling open areas between adjacent battery cells 3 (machine translation: [n0037]; Figs. 2, 7), and further teaches the spacers are comprised of a thermal barrier material ([n0039] para 1). Cells 3 of Chen have electrode tabs shown as extending parallel to the plane of the cell along which the spacer 2 is positioned. (Figs. 1 and 2; [n0037])
Chen teaches the spacer 2 is a foam or aerogel ([n0039]) that absorbs cell expansion and provides heat insulation.
Chen does not teach the method by which the spacers are inserted into the battery cell unit. Specifically, Chen does not teach forming an insertion apparatus having at least one loader comprising a compression tube having an intake end and an exit end; positioning the exit end of the compression tube between adjacent battery cell tabs; inserting (the spacer) as a preformed member into the intake end of the at least one loader; using a plunger to push the preformed member through the at least one loader out of the exit end and into an open area between adjacent battery cell tabs such that the preformed member expands to fill the open area.
Baniecki teaches a method for loading preformed insulating foam blocks into cavities (machine translation: [0013], Figs. 3-4, reproduced below). The method involves forming an insertion apparatus having a loader 4 comprising a compression tube having an intake end 6 and exit end 7 (Fig. 3; [0036]), positioning the exit end of the compression tube into the space in which the foam block is to be placed (Fig. 4; [0037]), inserting a preformed foam block 3 of polyurethane insulation ([0016], [0022], [0034]) into the intake end of the loader (Fig. 3; [0036]), and using a plunger 5 to push the preformed foam block 3 through the loader, out of the exit end, and into the open area in which the foam is placed such that the foam block expands to fill the open area. (Fig. 4; [0037])
Baniecki further teaches their method enables a reduction in foam production waste compared to conventional methods in which foam is sprayed directly to the application region and needs to be further cut to fit because of uneven growth ([0022]). Baniecki is analogous art, because their taught method of inserting insulating foam blocks is reasonably pertinent to the problem faced by the inventor in inserting thermal insulation into batteries (instant specification: [0002])
One of ordinary skill in the art would have been motivated to modify Chen to use Baniecki’s method to insert a preformed member corresponding to a spacer between the cells (and associated tabs) of Chen’s battery cell unit for the advantage of reducing foam production waste compared to conventional methods. Within such a combination, the exit end 7 of the form 4 of Baniecki would necessarily be inserted into the open area between cells 3 of Chen. The open area between cells 3 of Chen is between the tabs of cells 3 along the axis perpendicular to the major faces of cells 3, and thus this is considered to meet the claim.
Fig. 3 of Baniecki:
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Fig. 4 of Baniecki:
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Regarding claim 2, the combination above teaches the method of claim 1, and both Chen and Baniecki of the combination teach the thermal barrier comprises a compressible foam material (Chen: [n0039], Baniecki: [0012]). Baniecki of the combination also teaches the compression of the preformed member during insertion through the at least one loader (Fig. 3; [0036]).
Regarding claim 5, the combination above teaches the method of claim 1, and Baniecki of the combination teaches forming the intake end 6 to have a greater open cross-sectional area than an open cross-sectional area at the exit end 7, such that as the preformed member 3 is pushed through the compression tube 4, the preformed member is compressed to dimensions smaller than the open area into which it will be inserted ([0036]; Fig. 3), thus reading on the limitation of the preformed member is compressed from an initial outer dimension (width in the left-right direction of the page) to a compressed outer dimension that is less than the initial outer dimension.
Regarding claim 6, the combination above teaches the method of claim 5, and Baniecki of the combination teaches using a piston 5 to push the preformed member 3 through the compression tube (Figs. 3-4; [0036]), which reads on a plunger used to push the preformed member through the compression tube.
Regarding claim 22, within the combination, the intake end and the exit end are coaxial. (Baniecki Fig. 3)
Regarding claim 7, Chen teaches a battery cell unit including spacers 2 filling open areas between adjacent battery cells 3 (machine translation: [n0037]; Figs. 2, 7), and further teaches the spacers are comprised of a thermal barrier material ([n0039] para 1). Cells 3 of Chen have electrode tabs shown as extending parallel to the plane of the cell along which the spacer 2 is positioned. (Figs. 1 and 2; [n0037])
Chen teaches the spacer 2 is a foam or aerogel ([n0039]) that absorbs cell expansion and provides heat insulation.
Chen does not teach the method by which the spacers are inserted into the battery cell unit. Specifically, Chen does not teach providing an insertion apparatus having at least one loader; inserting a preformed member comprised of a thermal barrier material into the loader; pushing the preformed member through the loader an into an open area between adjacent battery cell tabs such that the preformed member expands to fill the open area, wherein the loader comprises a compression tube having an intake end and an exit end; forming the intake end to have a greater open cross-sectional area than an open cross sectional area of the exit end such that as the preformed member is pushed through the compression tube, the preformed member is compressed from an initial outer dimension to a compressed outer dimension that is less than the initial outer dimension; positioning the exit end of the compression tube between adjacent battery cell tabs; using a plunger to push the preformed member through the compression tube; and using the plunger to hold the preformed member between the adjacent battery cell tabs as the compression tube is withdrawn from the cavity.
Baniecki teaches a method for loading preformed insulating foam blocks into cavities (machine translation: [0013], Figs. 3-4, reproduced above). The method involves providing an insertion apparatus having a loader 4; inserting a preformed member 3 comprised of a thermal barrier material into the loader (Fig. 3; [0036]); pushing the preformed member through the at least one loader and into an open area in which the preformed member is placed, such that the preformed member expands to fill the open area (Fig. 4; [0037]); wherein the loader 4 comprises a compression tube having an intake end 6 and exit end 7 (Fig. 3; [0036]), where the intake end has a greater open cross-sectional area than an open cross-sectional area at the exit end (Fig. 3; [0036]) such that as the preformed member 3 is pushed through the compression tube 4, the preformed member is compressed to dimensions smaller than the open area into which it will be inserted (Fig. 3; [0036]), thus reading on the limitation of the preformed member is compressed from an initial outer dimension (width in the left-right direction of the page) to a compressed outer dimension that is less than the initial outer dimension; positioning the exit end of the compression tube into the space in which the foam block is to be placed (Fig. 4; [0037]), using a plunger 5 to push the preformed member 3 through the compression tube (Fig. 4; [0037]); and pushing the preformed member 3 toward the exit end 7 and using the plunger 5 to hold the preformed member in the cavity as the compression tube is withdrawn from the cavity (Fig. 4).
Baniecki further teaches their method enables a reduction in foam production waste compared to conventional methods in which foam is sprayed directly to the application region and needs to be further cut to fit because of uneven growth ([0022]). Baniecki is analogous art, because their taught method of inserting insulating foam blocks is reasonably pertinent to the problem faced by the inventor in inserting thermal insulation into batteries (instant specification: [0002])
One of ordinary skill in the art would have been motivated to modify Chen to use Baniecki’s method to insert a preformed member corresponding to a spacer between the cells (and associated tabs) of Chen’s battery cell unit for the advantage of reducing foam production waste compared to conventional methods. Within such a combination, the exit end 7 of the form 4 of Baniecki would necessarily be inserted into the open area between cells 3 of Chen. The open area between cells 3 of Chen is between the tabs of cells 3 along the axis perpendicular to the major faces of cells 3, and thus this is considered to meet the claim.
Claims 3-4 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1), as applied to claim 1, and further in view of Huang et al (CN 216903167 U).
Regarding claim 3, the combination above teaches the method of claim 1, and Chen teaches a battery array comprised of a plurality of battery cells that each have battery cell tabs (Figs. 1-2) but the combination does not teach wherein the at least one loader comprises a plurality of loaders, and including: spacing the plurality of loaders apart from each other along edges of the battery array; aligning the plurality of loaders with respective open areas between adjacent battery cell tabs; and simultaneously pushing preformed members through the plurality of loaders and into the open areas such that all open areas are filled at the same time.
In the same field of endeavor, Huang teaches a plurality of injection ports 13 on battery module end covers allowing an injection equipment to simultaneously inject insulating adhesive through the injection ports and through multiple injection tubes 41 into the battery module, which greater increases the amount of adhesive injected, greater speeds up the injection speed, provides faster filling, and greatly improves production efficiency (machine translation: [n0024]; Figs. 10-12). One of ordinary skill in the art would have been motivated to modify the modified method of Chen to use a plurality of loaders, for the advantage of simultaneously increasing the fill rate, as taught by Huang. In addition, the court has held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced; see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); MPEP 2144.04, VI., B. As with a single loader, the plurality of the loaders taught by modified Chen would be aligned with respective open areas between adjacent battery cell tabs, which would necessarily space the loader apart from each other along edges of the battery array, given the cell arrangement shown in Chen’s Fig. 1. And, as taught by Huang of the combination, to increase the fill rate, the plurality of loaders simultaneously push material through to open areas; thus, the combination would be expected to simultaneously push preformed members through the plurality of loaders and into the open areas such that all open areas are filled at the same time.
Regarding claim 4, the combination above teaches the method of claim 1 but does not teach the insertion apparatus is comprised of a non-conductive material.
In the same field of endeavor, Huang teaches injection structures 4 for dispensing adhesives to fill gaps between battery cells 3 to provide cells with a buffer and shock absorption ([n0100], [n0130]), and further teaches they are formed of adhesive flow channels made of an insulating material ([n0106]), which prevents the battery cells from colliding and being damaged and preventing short circuits from occurring ([n0145]). One of ordinary skill in the art would have been motivated to modify the modified method of Chen by using an injection apparatus comprising of a non-conductive material, as taught by Huang, to minimize the risk of short circuits from occurring during the loading process.
Regarding claim 21, the combination above teaches the method of claim 1, and Chen teaches a battery array comprised of a plurality of battery cells that each have battery cell tabs (Figs. 1-2) but the combination does not teach wherein the at least one loader comprises a plurality of loaders that are spaced apart from each other along opposing edges of the battery array; wherein each loader comprises a compression tube, and including positioning the exit end of one compression tube between each set of adjacent battery cell tabs; positioning one plunger at the intake end of each compression tube; and simultaneously using all plungers to push preformed members through respective compression tubes and into the open areas such that preformed members expand to fill the open areas.
In the same field of endeavor, Huang teaches a plurality of injection ports 13 on battery module end covers allowing an injection equipment to simultaneously inject insulating adhesive through the injection ports and through multiple injection tubes 41 into the battery module, which greater increases the amount of adhesive injected, greater speeds up the injection speed, provides faster filling, and greatly improves production efficiency (machine translation: [n0024]; Figs. 10-12). One of ordinary skill in the art would have been motivated to modify the modified method of Chen to use a plurality of loaders with associated plungers, for the advantage of simultaneously increasing the fill rate, as taught by Huang. In addition, the court has held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced; see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); MPEP 2144.04, VI., B. As with a single loader, the plurality of the loaders taught by modified Chen would be aligned with respective open areas between adjacent battery cell tabs, which would necessarily space the loader apart from each other along opposing edges of the battery array, given the cell arrangement shown in Chen’s Fig. 1. And, as taught by Huang of the combination, to increase the fill rate, the plurality of loaders would simultaneously push material through to open areas; thus, the combination would be expected to simultaneously use the plungers push preformed members through the plurality of loaders and into the open areas such that the preformed members expand to fill the open areas.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1), as applied to claim 7, and further in view of Huang et al (CN 216903167 U).
Regarding claim 8, the combination above teaches the method of claim 7, and the combination also teaches a single compression tube aligned with a respective open area between adjacent battery cell tabs of a battery array comprised of a plurality of battery cells; Baniecki teaches the single compression tube aligned with a cavity (Baniecki: Figs. 3-4), and Chen teaches the cavity corresponds to a respective open area between adjacent battery cell tabs where a thermal barrier spacer is positioned (Chen: [n0037]; Figs. 2, 7) for a battery array comprised of a plurality of battery cells (Chen: Figs. 1-2).
The combination does not teach a plurality of compression tubes.
In the same field of endeavor, Huang teaches a plurality of injection ports 13 on battery module end covers allowing an injection equipment to simultaneously inject insulating adhesive from the injection ports on the end covers and through multiple injection tubes 41 into the battery module, which greater increases the amount of adhesive injected, greater speeds up the injection speed, provides faster filling, and greatly improves production efficiency (machine translation: [n0024]; Fig. 12). One of ordinary skill in the art would have been motivated to modify the modified method of Chen to use a plurality of loaders, for the advantage of simultaneously increasing the fill rate, as taught by Huang. In addition, the court has held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced; see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); MPEP 2144.04, VI., B. As with a single loader, the plurality of compression tubes of the plurality of loaders taught by modified Chen would be each aligned with a respective open area between adjacent battery cell tabs of a battery array comprised of a plurality of battery cells. And, as taught by Huang of the combination, to increase the fill rate, the plurality of loaders would be expected to simultaneously push material through to open areas.
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1) and Huang et al (CN 216903167 U).
Regarding claim 26, Chen teaches a battery cell unit including spacers 2 filling open areas between adjacent battery cells 3 (machine translation: [n0037]; Figs. 2, 7), and further teaches the spacers are comprised of a thermal barrier material ([n0039] para 1). Cells 3 of Chen have electrode tabs shown as extending parallel to the plane of the cell along which the spacer 2 is positioned. (Figs. 1 and 2; [n0037])
Chen teaches the spacer 2 is a foam or aerogel ([n0039]) that absorbs cell expansion and provides heat insulation.
Chen does not teach the method by which the spacers are inserted into the battery cell unit. Specifically, Chen does not teach providing an insertion apparatus having a plurality of loaders that are spaced apart from each other along opposing edges of a battery array; inserting a preformed member comprised of a thermal barrier material into each loader; and simultaneously pushing the preformed members through the plurality of loaders along a linear path and into open areas between each set of adjacent battery cell tabs such that the preformed member expands to fill the open area,
Baniecki teaches a method for loading preformed insulating foam blocks into cavities (machine translation: [0013], Figs. 3-4, reproduced above). The method involves providing an insertion apparatus having a loader 4; inserting a preformed member 3 comprised of a thermal barrier material into the loader (Fig. 3; [0036]); and pushing the preformed member through the at least one loader along a linear path and into an open area in which the preformed member is placed, such that the preformed member expands to fill the open area. (Fig. 4; [0037])
Baniecki further teaches their method enables a reduction in foam production waste compared to conventional methods in which foam is sprayed directly to the application region and needs to be further cut to fit because of uneven growth ([0022]). Baniecki is analogous art, because their taught method of inserting insulating foam blocks is reasonably pertinent to the problem faced by the inventor in inserting thermal insulation into batteries (instant specification: [0002])
One of ordinary skill in the art would have been motivated to modify Chen to use Baniecki’s method to insert a preformed member corresponding to a spacer between the cells (and associated tabs) of Chen’s battery cell unit for the advantage of reducing foam production waste compared to conventional methods. Within such a combination, the exit end 7 of the form 4 of Baniecki would necessarily be inserted into the open area between cells 3 of Chen. The open area between cells 3 of Chen is between the tabs of cells 3 along the axis perpendicular to the major faces of cells 3, and thus this is considered to meet the claim.
Modified Chen teaches one loader, but does not teach a plurality of loaders each used to simultaneously use plungers to push preformed members through respective loaders to simultaneously fill open areas as claimed.
In the same field of endeavor, Huang teaches a plurality of injection ports 13 on battery module end covers allowing an injection equipment to simultaneously inject insulating adhesive from the injection ports on the end covers and through multiple injection tubes 41 into the battery module, which greater increases the amount of adhesive injected, greater speeds up the injection speed, provides faster filling, and greatly improves production efficiency (machine translation: [n0024]; Fig. 12). One of ordinary skill in the art would have been motivated to further modify Chen to use a plurality of loaders having associated plungers, for the advantage of simultaneously increasing the fill rate, as taught by Huang. In addition, the court has held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced; see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); MPEP 2144.04, VI., B. As with a single loader, the plurality of compression tubes of the plurality of loaders taught by modified Chen would be each aligned with a respective open area between adjacent battery cell tabs of a battery array comprised of a plurality of battery cells, and with the cell arrangement illustrated in Chen’s Fig. 1, these loaders would be spaced apart from each other along opposing edges of the battery array. And, as taught by Huang of the combination, to increase the fill rate, the plungers of the plurality of loaders would be expected to simultaneously push material through to the open areas.
Regarding claim 27, Baniecki teaches forming the loader 4 as a compression tube having an intake end 6 and an exit end 7 (Fig. 3; [0036]), positioning the exit end of the tube into the space where the preformed member is to be placed (Fig. 4; [0037]); inserting the preformed member into the intake end of the compression tube (Fig. 4; [0037]); and using a plunger to push the preformed member through the compression tube an into the open area such that the preformed member expands to fill the open area. (Fig. 4 [0037]) The combination described above in addressing claim 26 provides a plurality of such compression tubes and associated plungers to provide the simultaneous filling taught as advantageous by Huang, which meets the limitations of the claim.
Regarding claim 28, the intake end 6 and exit end 7 of Baniecki are coaxial. (Fig. 3)
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1), as applied to claim 1, and further in view of Wang et al (US 2020/0388810 A1).
Modified Chen teaches a method as described above in addressing claim 1.
Modified Chen teaches a compressible insulating foam for the spacer 2 of Chen, which corresponds to the claimed preformed member. ([n0039]) foam that absorbs cell expansion and provides heat insulation)
Modified Chen is silent as to the foam being flame retardant.
Wang et al. teaches a battery module having a compressible polyurethane foam battery pad 4 positioned between individual cells (2,6) of a battery module. (Figure 4, [0023]) The polyurethane foam battery pad is a flame retardant compressible foam pad due to the addition of intumescent material. ([0021] [0032])
It would have been obvious to one having ordinary skill in the art to further modify modified Chen by incorporating intumescent material into the foam spacer, as taught by Wang et al, in order to prevent cascading thermal runaway in the battery. (Wang [0021])
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1) and Wang et al (US 2020/0388810 A1) as applied to claim 23 above, and further in view of Huang et al (CN 216903167 U).
Modified Chen teaches a method as described above in addressing claim 23.
Modified Chen is silent as to the material of the insertion apparatus.
In the same field of endeavor, Huang teaches injection structures 4 for dispensing adhesives to fill gaps between battery cells 3 to provide cells with a buffer and shock absorption ([n0100], [n0130]), and further teaches they are formed of adhesive flow channels made of a plastic insulating material ([n0106]), which prevents the battery cells from colliding and being damaged and preventing short circuits from occurring ([n0145]). One of ordinary skill in the art would have been motivated to modify the modified method of Chen by using an injection apparatus comprising of a plastic non-conductive material, as taught by Huang, to minimize the risk of short circuits from occurring during the loading process.
Claims 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 214957119 U) in view of Baniecki (PL 239018 B1) and Huang et al (CN 216903167 U), as applied to claim 6, and further in view of Wang et al (US 2020/0388810 A1).
Regarding claim 29, modified Chen teaches a method as described above in addressing claim 26.
Modified Chen teaches a compressible insulating foam for the spacer 2 of Chen, which corresponds to the claimed preformed member. ([n0039]) foam that absorbs cell expansion and provides heat insulation)
Modified Chen is silent as to the foam being flame retardant.
Wang et al. teaches a battery module having a compressible polyurethane foam battery pad 4 positioned between individual cells (2,6) of a battery module. (Figure 4, [0023]) The polyurethane foam battery pad is a flame retardant compressible foam pad due to the addition of intumescent material. ([0021] [0032])
It would have been obvious to one having ordinary skill in the art to further modify modified Chen by incorporating intumescent material into the foam spacer, as taught by Wang et al, in order to prevent cascading thermal runaway in the battery. (Wang [0021])
Regarding claim 30, modified Chen teaches a method as described above in addressing claim 29.
Modified Chen is silent as to the material of the insertion apparatus.
Huang further teaches injection structures 4 for dispensing adhesives to fill gaps between battery cells 3 to provide cells with a buffer and shock absorption ([n0100], [n0130]), and further teaches they are formed of adhesive flow channels made of a plastic insulating material ([n0106]), which prevents the battery cells from colliding and being damaged and preventing short circuits from occurring ([n0145]). One of ordinary skill in the art would have been motivated to modify the modified method of Chen by using an injection apparatus comprising of a plastic non-conductive material, as taught by Huang, to minimize the risk of short circuits from occurring during the loading process.
Response to Arguments
Applicant's arguments filed 11 March 2026 have been fully considered but they are not persuasive.
Regarding the rejection of claim 1 as unpatentable over Chen in view of Baniecki, Applicant argues that the art does not teach foam material in the open areas between the tabs of the cells. The examiner respectfully disagrees. Along the axis perpendicular to the major faces of the cells 3 of Chen, the spaces between the cells are also between the electrode tabs of the cells, as can be seen in figure 2 of Chen. Since the spacers of Chen are in these spaces, they are likewise considered to be reasonably described as between the adjacent battery cell tabs.
Applicant’s arguments concerning the previous rejections relying upon Lande et al. are moot as these rejections have been withdrawn due to Applicant’s amendments.
Regarding new claim 26, Applicant argues that Huang teaches a single device rather than discrete loaders as claimed. The examiner replies, as set forth in the rejection above, that Huang is relied upon to teach providing plural injection structures for simultaneous loading of intercell spaces that need to be filled. Based on this, it is considered to have been obvious to provide plural loaders of the type taught by Baniecki in order to provide such simultaneous loading, taught as advantageous by Huang.
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 Jeffrey Barton, whose telephone number is (571) 272-1307. The examiner can normally be reached on M-F 9:30 AM – 6:00 PM.
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/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 16 July 2026
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