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
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, 11 and 12 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Jin (CN 209963125 newly cited, a copy and machine translation of which are attached).
In regard to claim 1, Jin teaches a battery module (for a wearable device), comprising: a cell assembly comprising a plurality of battery cells (31-34); and a first circuit board (flexible circuit board 1 and/or battery management module 2), the plurality of battery cells are connected to the first circuit board; wherein the plurality of battery cells comprise a first battery cell 31 and a second battery cell 34, and the first battery cell 31 is inclined with respect to the second battery cell 34; and the first circuit board 1, 2 is disposed between the first battery cell 31 and the second battery cell 34, the first circuit board 1, 2 is inclined with respect to the first battery cell, and the first circuit board is inclined with respect to the second battery cell (see Example 1 and 2 of machine translation, figures 1-3, figure 2 reproduced below).
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In regard to claim 11, Jin teaches the battery pack comprises a shell (outer packaging film 6) and the battery module according to claim 1, and the battery module is accommodated in the shell (figure 2 – Example 1).
In regard to claim 12, Jin teaches the battery pack further comprises a second circuit board (battery management module 2), one end of the second circuit board is connected to the first circuit board 1 of the battery module, and another end (current output interface 5) of the second circuit board protrudes out of the shell (Example 1, figure 2 above).
In regard to claim 20, Jin teaches an electronic device, wherein the electronic device comprises an electrical component and the battery pack according claim 11, and the electrical component is electrically connected to the battery pack (see Background section -electronic products which require batteries, such as a smart watch).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jin as applied to claim 1 above, and further in view of Ardisana et al. (US Pub 2019/0131663 newly cited).
In regard to claim 2, Jin teaches the battery module according to claim 1, wherein each battery cell comprises a housing and an electrode assembly accommodated in the housing, and the electrode assembly comprises a tab (battery cell positive and negative electrode – see Example 1); the housing comprises a first main plane and a second main plane disposed opposite to each other along a thickness direction of the battery cell (illustrated in figure 2 above).
Jin does not specify details of the individual cells such as seal edges. However, Ardisana et al. teach a similar battery module for wearable devices (paragraph [0004]), wherein each battery cell 103 comprises a housing and an electrode assembly accommodated in the housing, and the electrode assembly comprises a tab (battery cell positive and negative electrodes 109 – figure 4 annotated below); the housing 106 comprises a first main plane and a second main plane disposed opposite to each other along a thickness direction of the battery cell (figure 1 and 2), a seal edge is disposed at one end of the housing along a length direction of the battery cell, and the tab (electrode 109.1 and 109.2) extends out of the housing from the seal edge (see figure 4 and 5 showing adjacent seal edges); the first battery cell comprises a first tab 109.1, the second battery cell comprises a second tab 109.2, and the first tab is opposite to the second tab; and the housing further comprises a first surface (primary PCM block 118.1) and a second surface (secondary PCM block 118.2), the first surface connects the seal edge and the first main plane, the second surface connects the seal edge and the second main plane, and a width of the first surface 118.1 is greater than a width of the second surface 118.2 along the thickness direction (see figure 4B, paragraphs [0017-0039]) because such allows the components to be bent or folded as shown in the figures which allows greater accessibility to the components during electrode attachment (paragraphs [0040-0042]).
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include the tab and housing structure of Ardisana et al. for connecting the tabs for the battery cells of Jin as such allows for folding and bending of the tabs which allows for greater accessibility during electrode attachment.
In regard to claim 3, Ardisana et al. teach the first circuit board 115 is disposed between the first tab and the second tab (electrodes 109, figure 4 and 5).
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In regard to claim 4, Ardisana et al. teach the first tab comprises a first soldering portion, and the second tab comprises a second soldering portion (exposed portions); the battery module comprises a first connecting strip and a second connecting strip; the first connecting strip comprises a first fixing portion and a first connecting portion (copper connection pads – paragraph [0038]), the first fixing portion is soldered to the first circuit board 115, the first connecting portion is welded to the first soldering portion, and the first soldering portion is disposed between the first fixing portion and the first connecting portion; and the second connecting strip comprises a second fixing portion and a second connecting portion, the second fixing portion is soldered to the first circuit board 115, the second connecting portion is welded to the second soldering portion, and the second soldering portion is disposed between the second fixing portion and the second connecting portion (see figure 4 and 5 – paragraphs [0038]).
In any event, the Examiner notes “soldering” or soldering portions as required by the claims are drawn to products by process. Per MPEP 2113, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) In the instant case, the product set forth by the prior art forms a structurally indistinguishable product.
In regard to claim 5, Ardisana et al. teach the first fixing portion and the first connecting portion clamp the first soldering portion, one surface of the first soldering portion is in contact with the first connecting portion, and an opposite surface of the first soldering portion is in contact with the first fixing portion; and the second fixing portion and the second connecting portion clamp the second soldering portion, one surface of the second soldering portion is in contact with the second connecting portion, and an opposite surface of the second soldering portion is in contact with the second fixing portion ((see figure 4 and 5 – paragraphs [0038]). The soldered connections of the prior art necessarily clamp the components in place as required by the claims.
In regard to claim 6, Ardisana et al. teach the first soldering portion is disposed between the first surface of the first battery cell and the first circuit board 115, and the second soldering portion is disposed between the second surface of the second battery cell and the first circuit board (figure 4 and 5).
In regard to claim 7, Ardisana et al. teach the first circuit board comprises a first side and a second side disposed opposite to each other, the first tab 109.1 is disposed on the first side, and the second tab 109.2 is disposed on the second side (annotated figure 4 below).
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In regard to claim 8, Jin teaches the first circuit board (including flexible circuit 1) may bend and be flexible such that it is at an acute angle to the seal edge of the first battery cell, and the acute angle ranges from 30° to 60° (see figures 2 and 3).
In regard to claim 9, Ardisana et al. teach the battery module further comprises a first insulation piece (insulation 131 and tab lead out portions of housing identified in figure below) and a second insulation piece (other of 131 and lead out), the first insulation piece wraps at least a part of the seal edge of the first battery cell, and the second insulation piece wraps at least a part of the seal edge of the second battery cell (see figure 4 below – paragraph [0017], see also PCM insulation cover removed for clarity, paragraph [0006])).
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In regard to claim 10, Ardisana et al. teach a first opening is provided on the first insulation piece, the first tab protrudes from the first opening, a second opening is provided on the second insulation piece, and the second tab protrudes from the second opening (see figure 4a above).
Claims 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jin as applied to claim 1 above, and further in view of Kwon et al. (US Pub 2016/0093838 newly cited).
In regard to claim 13, Jin teaches the battery pack according to claim 12 above, wherein the shell (outer film 6) comprises an arc bottom plate (see figure above) but does not include a first groove and a second groove are provided on an inner sidewall of the arc bottom plate; and the battery pack further comprises a first spacer and a second spacer, the first spacer is disposed between the first battery cell of the battery module and the first groove, and the second spacer is disposed between the second battery cell of the battery module and the second groove.
However, Kwon et al. teach a similar flexible battery pack including a plurality cell assemblies (electrode assemblies 10) that may be inclined relative to each other (figure 39 etc.) with a shell (upper 101a and lower 101b casing members) comprises an arc bottom plate (see figure 39) which includes a first groove and a second groove (between ridge portions 120) are provided on an inner sidewall of the arc bottom plate 101; and the battery pack further comprises a first spacer 131 and a second spacer 132, the first spacer is disposed between the first battery cell of the battery module and the first groove, and the second spacer is disposed between the second battery cell of the battery module and the second groove (figure 29 annotated below) because such prevents factures in the and increases the resilience of the electrochemical device (paragraphs [0075-0090], figures 29 and 39 most relevant).
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Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include the grooves and spacers between the battery cells of Jin as such prevents factures in the and increases the resilience of the electrochemical device as taught by Kwon et al.
In regard to claim 14, Kwon et al. teach the first spacer 131 covers the first groove, and the second spacer 132 covers the second groove (figure 29 and 39).
In regard to claim 15, Jin teaches a flexible battery pack for a variety of applications such as smart phone or smart watch (see Background section) and the flexible battery of the prior art is capable of changing its radius, therefore, while no particular arc radius is described changes to size and shape of the prior art battery pack are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV) depending on the desired application.
In regard to claim 16, Kwon et al. teach the shell further comprises a side plate 101b and an arc cover plate 101b the side plate is disposed around the arc bottom plate, the arc cover plate is fixedly connected to the side plate (see paragraph [0057] – upper casing member 101b with sides), and as noted above while no arc radius of the arc cover plate is disclosed by the prior art, the flexible battery of the prior art is capable of changing its radius, and changes to size and shape of the prior art battery pack are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV) depending on the desired application.
In regard to claim 17, Kwon et al. teach the battery pack further comprises a fastener, the fastener comprises a first bracket (spacer 131), a second bracket (spacer 132), and a connecting portion (connecting portion 111 including ridge portions 120); the first bracket and the second bracket are disposed on two opposite sides of the connecting portion respectively; and the first battery cell 110a of the battery module is held by the first bracket, the second battery cell 110b is held by the second bracket (paragraphs [0075-0090], figures 29 and 39 most relevant) because such prevents factures in the and increases the resilience of the electrochemical device (paragraphs [0075-0090], figures 29 and 39 most relevant).
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include the fasteners and connecting portion between the battery cells of Jin as such prevents factures in the and increases the resilience of the electrochemical device as taught by Kwon et al. In the combination, all of the components are connected such that the first circuit board of Jin is attached to the connecting portion.
In regard to claim 18, Kwon et al. teach the fastener 131, 132 is resin, and the fastener is configured to fill a clearance between the shell and the cell assembly of the battery module (paragraph [0090]).
In regard to claim 19, Kwon et al. teach an injection hole is provided on the shell (within grooves illustrated figure 29 annotated above). The Examiner notes that “the resin fills the shell by low-pressure injection molding” relates to a product by process limitation which does not distinguish the claims from the prior art (see MPEP 2113 quoted above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lee (US Pub 2004/0119442 newly cited) teaches similar circuit boards connected between two battery cells (abstract, figure 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P D'ANIELLO whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Milton Cano can be reached at 313-446-4937. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723