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 .
Election/Restrictions
Applicant's election with traverse of group I claims 1-15 in the reply filed on 07 January 2026 is acknowledged. The traversal is on the ground(s) that it would not be a significant burden on the office to search and examine each of the inventions. This is not found persuasive because as set forth in the office action mailed 28 November 2025, each invention requires a substantially non-overlapping burdensome search.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because:
Particularly in the drawings showing finer details, the drawings are not well defined and blurry. For example, Fig. 8 elements 41 and 4 on the left side, it is not clear which portions are indicated by the elements and corresponding lines and Fig. 11 element 4 appears to point to the black element which is also indicated by element 3 and it is not clear which portions are indicated by the elements and corresponding lines. Similar remarks apply to the other figures.
Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "41" and "43" have both been used to designate what appears to be the same portion/structure in Figs. 8 and 9, even though they are designated as the first recess 41 and the second recess 43 in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the boss abuts against the electrode assembly” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Particularly, Fig. 10 and [0114] appear to show the boss 44 is not separate from the insulating structure 4, but rather are the same structure, and if they are not, Fig. 11 shows boss 44 does not abut against the electrode assembly. For purposes of examination, the “boss” will be interpreted as a structure that is part of the insulating structure, in view of the specification, [0114] and Fig. 10 elements 4 and 44.
Additionally, Fig. 10 further appears to show elements 3 and 44 on the upper side of element 4, while elements 14 and 16 are below the opposite side of element 4. Fig 11, however, shows element 3 underneath both elements 4 and 44, and element 16 appears on the upper side of elements 4 and 44. As described in Instant [0114], it appears that Figs. 10-11 are described as the same embodiment even though they do not appear to be consistent with each other.
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 4 and 6-8 is 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.
Claim 4 recites the limitations "the area of the second portion" and “the area of the first portion” in lines 4-5. There is insufficient antecedent basis for these limitations in the claim. In order to advance prosecution, the limitations will be interpreted as “an area”, respectively.
Claim 6 lines 8-10 recites the limitation “one end of the heat-conducting structure is configured to be connected to the electrode plates, and the other end thereof is configured to pass through the first recess to be connected to the casing” which renders the meaning of the claim indefinite. It is unclear how the heat-conducting structure is configured to pass through the first recess, as the same language is used in the claim in line 7, “to pass through the second through hole”. In order to advance prosecution and in view of the specification Fig. 8 elements 32 and 41, the limitation will be interpreted as “one end of the heat-conducting structure is configured to be connected to the electrode plates, and the other end thereof is configured to pass near the first recess to be connected to the casing”.
The term “close” in claim 7 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The structure of the surface of the insulating structure and electrode assembly is rendered indefinite as there are no metes and bounds to determine how “close” they are.
Claim 7 line 3 recites the limitation “communicates with the second through hole” which renders the meaning of the claim indefinite. Claim 6 recites as optional the “second through hole” or the “first recess” and it is unclear if the “second through hole” is optional or required. In order to advance prosecution the examiner will be interpreting claim 7 as not required if the optional “first recess” limitation is satisfied for claim 6, as the specification does not appear to support the first recess in communication with the second through hole.
Claim 8 recites the limitation "the recess" in line 3. There is insufficient antecedent basis for this limitation in the claim. In order to advance prosecution, the limitation will be interpreted as “the first recess” following claim 6.
Claim 8 lines 2-3 recites the limitation “wherein a boss is provided at an end of the insulating structure, the boss abuts against the electrode assembly, and the second through hole and the recess are provided in the boss”, which renders the meaning of the claim indefinite, the second through hole and the first recess, recited in claim 6, are not both required. In order to advance prosecution, the claim limitation will be interpreted in view of the specification and the optional language of claim 6 as “wherein a boss is provided at an end of the insulating structure, the boss abuts against the electrode assembly, and the second through hole or the first recess are provided in the boss”.
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.
Claim(s) 1-4, 10 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qui US20200136206A1.
Regarding claim 1, Qui discloses a battery cell (Qui, [0019], Fig. 1, cell 7), comprising:
a casing (Qui, [0019], Figs. 1 and 5, post 3 and post 4 and casing 9 and top 10) having an accommodating space (Qui, Fig. 1, battery cell 7, casing 9, unlabeled space in casing 9 where battery cell 7 is accommodated),
an electrode assembly (Qui, [0019], Fig. 3, cell 7, a positive electrode plate 71, a negative electrode plate 73, and a separator 72) accommodated in the accommodating space (Qui, Fig. 1, battery cell 7, casing 9, unlabeled space in casing 9 where battery cell 7 is accommodated),
the electrode assembly comprising electrode plates (Qui, [0019], Fig. 3, plate 71, plate 73)
and a heat-conducting structure (Qui, [0025-0026], Fig. 5, bodies 5, pipe 6, path 11) to be directly connected to the electrode plates and the casing (Qui, “The heat conducting and collecting body 5 can be integrally formed with the positive electrode plate 71”, [0023], “the heat conducting and collecting body 5 is connected to the negative current collector 731 as an integral unit.”, Fig. 5, bodies 5, pipe 6, top 10, path 11) to conduct heat from the electrode assembly to the casing (Qui, [0025-0026], Fig. 5, posts 3 and 4, bodies 5, pipe 6, top 10, path 11; the pipe 6 passes through the casing and, absent a teaching of being insulated from the top casing, heat will be conducted from the electrode assembly to the casing).
Regarding claim 2, Qui also discloses wherein the heat-conducting structure is connected to the electrode plates (Qui, [0027], “the heat conducting and collecting bodies 5 are arranged…on the positive electrode plate, or on the negative electrode plate”) and is exposed from an end surface of the electrode assembly (Qui, Fig. 3, bodies 5, plate 71 and plate 73).
Regarding claim 3, Qui additionally discloses wherein the casing is provided with a first accommodating portion (Qui, [0025], Fig. 5, hole through top 10),
and the heat-conducting structure extends into the first accommodating portion (Qui, [0025], Fig. 5, pipe 6, hole through top 10).
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Regarding claim 4, Qui further discloses wherein the heat-conducting structure comprises a first portion (Qui, Fig. 5 below, solid line first portion) and a second portion connected to each other (Qui, Fig. 5 below, solid line first portion, large broken line second portion) and the first portion is in the first accommodating portion (Qui, Fig. 5 below, solid line first portion, small broken line first accommodating portion), the second portion is between the first portion and the electrode assembly (Qui, Fig. 5 below, solid line first portion, large broken line second portion, electrode assembly), and an area of the second portion is greater than an area of the first portion (Qui, Fig. 5 below, solid line first portion, large broken line second portion, electrode assembly).
Regarding claim 10, Qui further discloses wherein the battery cell comprises a plurality of the electrode assemblies (Qui, Fig. 3, cells 7, plates 71, plates 73),
and the heat-conducting structure is connected to electrode plates of the plurality of electrode assemblies (Qui, Fig. 3, bodies 5, plates 71 and plate 73).
Regarding claim 12, Qui also discloses a battery (Qui, [0019], Fig. 1, battery 100), comprising the battery cell according to claim 1 (Qui, [0019]; see claim 1 above).
Regarding claim 13, Qui additionally discloses wherein the battery further comprises a thermal management structure attached to the casing (Qui, [0025], Fig. 5, pipe 6, heat exchange device 8, casing 9, top 10).
Regarding claim 14, Qui further discloses wherein the thermal management structure is provided corresponding to the heat-conducting structure (Qui, [0025], Fig. 5, bodies 5, pipe 6, heat exchange device 8, path 11).
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.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui US20200136206A1, as applied to claim 3 above, in view of Miyazaki US6573000B1.
Regarding claim 5, Qui also discloses wherein the first accommodating portion is a first through hole (Qui, [0027], Fig. 5, hole through top 10) and wherein the battery cell further comprises a cap (Qui, Fig. 5, hole through top 10, post 4). Qui However does not disclose wherein the cap seals the first through hole.
Miyazaki teaches the battery cell further comprises a cap (Miyazaki, col. 4 lines 14-16, Fig. 2A, sleeve 321 and member 322), and the cap seals the first through hole (Miyazaki, col. 4 lines 18-23, Fig. 2A, through hole 313, sleeve 321 and member 322). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the cap of Qui with the teaching of Miyazaki wherein the cap seals the first through hole, thereby improving the yield when manufacturing sealed batteries, as well as facilitating the manufacturing process (Miyazaki, col. 10 lines 61-63)
Claim(s) 6, 8-9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui US20200136206A, as applied to claim 1 above, in view of Xiao CN209843907U (cited in IDS filed 10 May 2023; published 24 December 2019; using US20210028425A1 as English translation).
Regarding claim 6, Qui discloses all of the claim limitations as set forth above and additionally discloses wherein the battery cell further comprises an insulating structure (Qui, [0020], Fig. 2, element 20), the insulating structure being arranged between the casing and the electrode assembly (Qui, Figs. 2 and 5, bodies 5, casing 9 and top 10, path 11, element 20) and
one end of the heat-conducting structure is configured to be connected to the electrode plates (Qui, [0021], “The heat conducting and collecting body 5 can be integrally formed with the positive electrode plate 71”, [0023], “the heat conducting and collecting body 5 is connected to the negative current collector 731 as an integral unit.”). Qui however does not disclose wherein the insulating structure being arranged between the casing and the electrode assembly to isolate the electrode assembly from the casing; and the insulating structure is provided with a second through hole, one end of the heat-conducting structure is configured to be connected to the electrode plates, and the other end thereof is configured to pass through the second through hole to be connected to the casing, or the insulating structure is provided with a first recess at an edge, one end of the heat- conducting structure is configured to be connected to the electrode plates, and the other end thereof is configured to pass through the first recess to be connected to the casing.
Xiao teaches a battery cell (Xiao, [0052], Fig. 1, electrode assembly 12 and sheet 14), comprising: a casing having an accommodating space (Xiao, [0053], Fig. 1, case 11 and top 131), an electrode assembly accommodated in the accommodating space (Xiao, [0053-0054]), the electrode assembly comprising electrode plates (Xiao, [0054], “The electrode unit includes a positive electrode, a negative electrode”) and a heat-conducting structure (Xiao, [0061], Fig. 4, member 15) to conduct heat from the electrode assembly to the casing (Xiao, [0062], “heat can be conducted to the top cover plate 131 through the insulation thermal-dissipation member 15 for heat dissipation.”).
Xiao further teaches wherein the battery cell further comprises an insulating structure (Xiao, [0066], Fig. 4, body 16), the insulating structure being arranged between the casing and the electrode assembly to isolate the electrode assembly from the casing (Xiao, Fig. 4, case 11 and top 131, body 16, electrode unit of electrode assembly 12 and sheet 14; body 16 is positioned between the case 11 and top 131 and electrode unit of electrode assembly 12 and sheet 14, satisfying the claim limitation), and the insulating structure is provided with a second through hole (Xiao, [0066], Fig. 7, body 16, hole 161), one end of the heat-conducting structure is configured to be connected to the electrode plates (Xiao, [0056], [0058], [0061], Fig. 4, sheet 14, member 15), and the other end thereof is configured to pass through the second through hole to be connected to the casing (Xiao, [0066], Figs. 4 and 7, member 15, body 16, top 131, hole 161)
Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify by substituting the insulating structure disclosed by Qui for the insulating body taught by Xiao, the insulating structure being arranged between the casing and the electrode assembly to isolate the electrode assembly from the casing, and the insulating structure is provided with a second through hole, one end of the heat-conducting structure is configured to be connected to the electrode plates, and the other end thereof is configured to pass through the second through hole to be connected to the casing, as also taught by Xiao, thereby heat inside the battery cell is conducted and transmitted timely, thereby greatly reducing a risk of thermal runaway inside the battery cell and thus improving the safety performance (Xiao, [0062]).
Regarding claim 8, Qui as modified by Xiao teaches all of the claim limitations of claim 6 as set forth above but does not teach wherein a boss is provided at an end of the insulating structure, the boss abuts against the electrode assembly, and the second through hole and the recess are provided in the boss, and a bulge that bulges in a direction away from the electrode assembly is provided in a middle portion of the insulating structure, a barrier is provided in the bulge, and the barrier extends to an end surface of the electrode assembly opposite to the bulge to avoid contact between the heat-conducting structure and tabs of the electrode assembly.
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Xiao teaches wherein a boss (Xiao, Fig. 4, boss (raised portion) of body 16; see claim interpretation above) is provided at an end of the insulating structure (Xiao, Fig. 4, insulating structure of body 16), the boss abuts against the electrode assembly, and the second through hole is provided in the boss (Xiao, Figs. 4 and 8, electrode unit of electrode assembly 12 and sheet 14, boss (raised portion) of body 16, hole 161)
and a bulge (Xiao, annotated Fig. 3, bulge) that bulges in a direction away from the electrode assembly (Xiao, Fig. 3, electrode unit of electrode assembly 12, bulge that bulges in the Z-direction) is provided in a middle portion of the insulating structure (Xiao, Fig. 3, body 16, bulge), a barrier (Xiao, annotated Fig. 3, barrier) is provided in the bulge (Xiao, annotated Fig. 3, bulge, barrier), and the barrier extends to an end surface of the electrode assembly opposite to the bulge to avoid contact between the heat-conducting structure and tabs of the electrode assembly (Xiao, annotated Fig. 3, bulge, barrier, tab, member 15, electrode unit of electrode assembly 12 and sheet 14; the barrier extends in the negative Z-direction, e.g., opposite to the bulge in the Z-direction, to an end surface of the electrode assembly opposite to the bulge and is
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between a tab and heat conducting member 15, satisfying the claim limitation).
Therefore it would be obvious to the skilled artisan to modify the battery cell of modified Qui with the teaching of Xiao wherein a boss is provided at an end of the insulating structure, the boss abuts against the electrode assembly, and the second through hole and the recess are provided in the boss, and a bulge that bulges in a direction away from the electrode assembly is provided in a middle portion of the insulating structure, a barrier is provided in the bulge, and the barrier extends to an end surface of the electrode assembly opposite to the bulge to avoid contact between the heat-conducting structure and tabs of the electrode assembly thereby greatly reducing a risk of thermal runaway inside the battery cell and thus improving the safety performance (Xiao, [0062]).
Regarding claim 9, Qui as modified by Xiao above teaches all of the claim limitations as set forth above but does not teach wherein the heat-conducting structure has a greater heat conductivity coefficient than the insulating member.
Xiao teaches wherein the heat-conducting structure has a greater heat conductivity coefficient than the insulating member (Xiao, [0071], “a thermal conductivity of the insulation thermal-dissipation member 15 is larger than a thermal conductivity of the insulation body 16”). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery cell of modified Qui with the teaching of Xiao wherein the heat-conducting structure has a greater heat conductivity coefficient than the insulating member thereby the generated heat will be conducted to the casing (Xiao, [0072]).
Regarding claim 11, Qui as modified by Xiao teaches all of the claim limitations as set forth above but does not teach wherein the casing is provided with a pressure relief structure, and the heat-conducting structure and the pressure relief structure are spaced apart from each other.
Xiao teaches wherein the casing is provided with a pressure relief structure (Xiao, [0058], Fig. 2, top 131, vent assembly 133), and the heat-conducting structure and the pressure relief structure are spaced apart from each other (Xiao, Fig. 2, member 15, vent assembly 133). Therefore it would be obvious to the skilled artisan to modify the casing of modified Qui with the teaching of Xiao wherein the casing is provided with a pressure relief structure, and the heat-conducting structure and the pressure relief structure are spaced apart from each other, thereby so that the gas formed inside can be discharged to the outside, thereby preventing explosion (Xiao, [0058]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui US20200136206A in view of Xiao CN209843907U (cited in IDS filed 10 May 2023; published 24 December 2019; using US20210028425A1 as English translation), as applied to claim 6 above, and further in view of Sun US20150214585A1.
Regarding claim 7, Qui as modified by Xiao above in claim 6 teaches all of the claim limitations but does not teach wherein a surface of the insulating structure close to the electrode assembly is provided with a second recess that communicates with the second through hole, and the heat-conducting structure extends into the second recess.
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Sun teaches wherein a surface of the insulating structure (Sun, [0037], Fig. 8, plate 232 and pad 236) close to the electrode assembly (Sun, [0037], Fig. 8, cell 231) is provided with a second recess (Sun, [0037], Fig. 8, groove 2308) that communicates with the second through hole (Sun, Fig. 8, second through hole annotated below), and the heat-conducting structure extends into the second recess (Sun, [0037], Fig. 8, plate 232 and pad 236, groove 2308).
Therefore it would be obvious to one of ordinary skill in the art to modify the second through hole of Qui as modified by Xiao further with the teaching of Sun wherein a surface of the insulating structure close to the electrode assembly is provided with a second recess that communicates with the second through hole, and the heat-conducting structure extends into the second recess, thereby the efficiency of the heat dissipation is ensured (Sun, [0044]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui US20200136206A1.
Regarding claim 15, Qui discloses all of the claim limitations as set forth above and also teaches wherein the battery cell is configured to provide electric energy or serve as an energy storage unit (Qui, [0019], “a lithium-ion power battery”), but does not teach an apparatus, comprising the battery cell according to claim 1. Qui does teach it is well known in the art that a battery cell such as according to claim 1 are used in an apparatus such as new energy vehicles (Qui, [0003]). Therefore it would be obvious to one of ordinary skill in the art to modify the battery cell of Qui wherein an apparatus, comprising the battery cell according to claim 1 thereby having high specific energy, no pollution, and no memory effect (Qui, [0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li US20190067663A1 (discloses a structure similar to that of the claimed invention).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723