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 Status
Claims 1, 3, 15, 17 and 20 have been amended; support is found in Figures 2-4, 7 and [0034].
Claims 1-20 are currently pending and have been examined on the merits in this office action.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 211828925 U) in view of Guo (WO 2021136015 A1) and Yuan et al. (US 2021/0399380 A1).
Regarding claim 1, Huang discloses a battery module, comprising:
A housing, comprising a mounting space (Figures 2-3; battery box being formed from the frame members [29-34]);
A glue container, connected with the at least one electrode core assembly and located in the mounting space (Figure 4; beam 250 is provided with a first glue storage tank 270 that is located between the area for the battery cells), wherein the glue container comprises a glue storage groove with an open end (Figure 4; first glue storage tank 270 having an open groove), and the open end of the glue storage groove is spaced apart from a top surface or a bottom surface of the housing and faces the top surface or the bottom surface along a height direction of the at least one electrode core assembly (Figure 4 below; first glue storage tank 270 is spaced apart from at least one end of the battery box side shown in Figure 4).
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Huang discloses a battery box that shows a structure in which a battery would be incorporated in a cell accommodation area, however, is explicitly silent with respect to a battery contained in the battery box.
Guo discloses a method for manufacturing a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Guo discloses wherein battery cells are provided in the battery housing between the gap that is formed and filled in with resin glue (Figure 1).
Therefore, it would have been obvious for a skilled artisan to provide a battery cell in the region between the beams that functions as the cell accommodation area for the battery box as taught by Guo. Huang discloses a battery box, however, is explicitly silent with a battery being provided in the battery box and thus the combination of Huang and Guo would render obvious wherein the battery is contained in a battery box.
Additionally, Huang is silent with respect to wherein at least one electrode core assembly is fixed with the glue container.
Yuan discloses a battery pack structure and is analogous with the instant invention as being within the same field of endeavor of battery cells. Yuan discloses wherein a battery pack comprises a housing and a cell assembly provided in the housing and uses glue to fill in a gap region between the cell assembly and the housing to fix the cell assembly and the housing via the glue (abstract).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Yuan such that the glue of Huang can be used to fix the battery cell of Huang to the glue storage tank and housing of Huang in order to form a fixed and secured connection of the battery cells to the battery housing/frame/ glue containers. The resulting modification would render obvious wherein the electrode core assembly is fixed with a glue container and would render obvious the product by process limitation of rotating the battery module such that glue flows from the glue storage groove to at least one electrode core assembly and the housing. Examiner notes that the structure of modification Huang would contain the structural limitation of the glue being used to fix the battery cell to the housing and thus the product by process limitation of forming this structure is already rendered obvious, however, the specific method is not given patentable weight as a product claim depends upon the final structure and not the method of forming the structure.
The product-by-limitations of claim 1 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 1 as written does not distinguish the product of the instant application from the product of the prior art.
Regarding claim 2, modified Huang discloses all the claim limitations of claim 1. Huang further discloses wherein the at least one electrode core assembly comprises a plurality of electrode core assemblies that are disposed in a length direction of the electrode core assemblies (Huang Figure 4; multiple cell accommodation areas in the length direction that hold battery cells; see modification of claim 1); and
The glue container is disposed between at least two adjacent electrode core assemblies of the electrode core assemblies and/or between the electrode core assemblies and the housing (Figure 4, beams 250 are provided between adjacent cell accommodation areas).
Regarding claim 3, modified Huang discloses all the claim limitations of claim 1. Huang further discloses wherein the glue container extends in a height direction of the at least one electrode core assembly (Figure 3-4; the beam extends in a height direction in which the electrochemical cells extend in the battery box). Huang is silent with respect to wherein the height of the glue container is the same height of the at least one electrode core assembly, however, it would have been obvious in view of a skilled artisan to adjust the size of the electrode core and the glue container to be the same height as the size of the glue container and electrode core can be altered with reasonable expectation of success. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claim 4, modified Huang discloses all the claim limitations of claim 1. Huang further discloses wherein a glue flow channel is disposed on an outer surface of the glue container (Figure 3-4; [37-41] beam 250 is provided with a glue storage tank 270 that stores glue and is provided within a channel within to effectively seal the frame members together to form a battery box); and the glue flow channel is configured to store glue to connect the glue container to the at least one electrode core assembly (Figure 3-4; [37-41] beam 250 is provided with a glue storage tank 270 that stores glue and is provided within a channel within to effectively seal the frame members together to form a battery box).
Regarding claim 5, modified Huang discloses all the claim limitations of claim 4. Huang further discloses wherein the glue flow channel is disposed on at least one of two surfaces of the outer surface in a width direction of the battery module (Figure 3-4; flow channel of the beam 250 is provided within the width/length of the battery cell module).
Regarding claim 6, modified Huang discloses all the claim limitations of claim 1. Huang further discloses wherein the glue container has a glue storage capacity Q and Q=L*A*B, L is the length of the mounting space in the length direction of the battery module, A is the width of the mounting space in a width direction of the battery module, and B is a distance between the at least one electrode core assembly and the housing in a height direction of the battery module ( Figure 3-4; the beam 250 is provided between the electrode core assemblies and has a Length and width within the mounting space and thus satisfies the capacity Q as claimed).
Regarding claim 7, modified Huang discloses all the claim limitations of claim 1. Huang further discloses N glue containers including the flue container disposed in the housing (Figures 3-4, multiple beams 250 are provide within the battery box), wherein a glue storage capacity of each of the N glue containers is Q1 and Q=(L*A*B)/N, L is the length of the mounting space in the length direction of the battery module, A is the width of the mounting space in a width direction of the battery module, and B is a distance between the at least one electrode core assembly and the housing in a height direction of the battery module (Figure 3-4; multiple beams 250 are provided between the electrode core assemblies and has a Length and width within the mounting space and thus satisfies the capacity Q as claimed).
Regarding claims 8-9, modified Huang discloses wherein the depth of the first glue storage tank 270 and second glue storage tank 280 is 0.7 mm and contain a rectangular shape ([38-41]) and thus would be expected to have a distance be of around 0.7 mm, however, is unclear if the 0.7 mm would read on the distance between the at least one electrode core assembly and the housing in a height direction of the battery module B.
Guo discloses a method for manufacturing a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Guo discloses wherein the width of each of the sealing stations along a first direction is 2-20 mm and a gap of 0.5-5 mm that is used to fill resin flue to achieve an effective seal between the battery components ([39]).
Therefore, it would have been obvious in view of a skilled artisan to modify the distance B of the glue container between the at least one electrode core assembly and the housing in a height direction of the battery module to be between 0.5-5 mm to fill the gap with glue to create an effective seal as taught by Guo. The size of the component B can be adjusted to be between 0.5-5 mm in order to create an effective seal as taught by Guo and thus claims 8-9 are rendered obvious through the combination as a skilled artisan to adjust the distance B to create an effective seal or desired sealing effect. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claim 10, modified Huang discloses all the claim limitations of claim 6. Huang further discloses wherein the one electrode assembly comprises at least one electrode core (Figure 4; battery cells are provided in the cell accommodation areas between the beams 250 and 260 and the cell accommodation area contains a cell with a core that can abut against each other through the beam 260 and can be connected in series and/or parallel, see modification of claim 1).
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Regarding claims 11, modified Huang discloses all the claim limitations of claims 10. Huang further discloses wherein the one electrode assembly comprises at least one electrode core disposed in the width direction of the battery module, and side surface of two adjacent electrode cores of the at least one electrode core abut against the beam 260 in a thickness direction of the at least electrode core (Figure 4; battery cells are provided in the cell accommodation areas between the beams 250 and 260 and the cell accommodation area contains a cell with a core that can abut against each other through the beam 260 and can be connected in series and/or parallel that would read as the cores that abut against each other and would have the same thickness, see modification of claim 1). While a simple series and/or parallel connection is read by the examiner to read as the electrode cores abutting against each other, even if not, it would have been obvious in view of a skilled artisan to rearrange the battery cells such that the battery cells of adjacent core assemblies abut against the core of the adjacent electrode core assembly as a simple rearrangement of the battery cells provided in the battery box of Huang. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
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Regarding claim 12, modified Huang discloses all the claim limitations of claim 2. Modified Huang further discloses wherein each of the electrode core assemblies comprises a same number of electrode cores, and each of the electrode core assemblies has a same thickness (Figure 4; cell accommodation area is the same thickness and each battery would have one cell core as Huang discloses a battery box that would contain batteries, see modification of claim 1).
Regarding claim 13, modified Huang discloses all the claim limitations of claim 1. Huang further discloses wherein the glue container has a shape of a cuboid or a cylinder (Figure 3-4; beam 250 has a cuboid shape).
Regarding claim 14, modified Huang discloses all the claim limitations of claim 2. Huang further discloses wherein a plurality of glue containers including the glue container, wherein the glue containers are spaced apart in the length direction of the electrode core assemblies; and at least one of the glue contains is disposed between two adjacent electrode core assemblies of the electrode core assemblies, and/or between the electrode core assemblies and the housing (Figure 4; multiple beams 250 and 260 contains the first and second glue storage tanks 270 and 280 applied between adjacent battery cells).
Regarding claim 15, Huang discloses a battery comprising a battery module ([1-8] power source for vehicles within battery packs and thus the battery box is used to store batteries when used in devices such as vehicles), comprising:
A housing, comprising a mounting space (Figures 2-3; battery box being formed from the frame members [29-34]);
A glue container, connected with the at least one electrode core assembly and located in the mounting space (Figure 4; beam 250 is provided with a first glue storage tank 270 that is located between the area for the battery cells), wherein the glue container comprises a glue storage groove with an open end (Figure 4; first glue storage tank 270 having an open groove), and the open end of the groove is spaced apart from a top surface or a bottom surface of the housing and faces the top surface or the bottom surface along a height direction of the at least one electrode core assembly (Figure 4 below; first glue storage tank 270 is spaced apart from at least one end of the battery box side shown in Figure 4).
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Huang discloses a battery box that shows a structure in which a battery would be incorporated in a cell accommodation area, however, is explicitly silent with respect to a battery contained in the battery box.
Guo discloses a method for manufacturing a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Guo discloses wherein battery cells are provided in the battery housing between the gap that is formed and filled in with resin glue (Figure 1).
Therefore, it would have been obvious for a skilled artisan to provide a battery cell in the region between the beams that functions as the cell accommodation area for the battery box as taught by Guo. Huang discloses a battery box, however, is explicitly silent with a battery being provided in the battery box and thus the combination of Huang and Guo would render obvious would render obvious wherein the battery is contained in a battery box.
Additionally, Huang is silent with respect to wherein at least one electrode core assembly is fixed with the glue container.
Yuan discloses a battery pack structure and is analogous with the instant invention as being within the same field of endeavor of battery cells. Yuan discloses wherein a battery pack comprises a housing and a cell assembly provided in the housing and uses glue to fill in a gap region between the cell assembly and the housing to fix the cell assembly and the housing via the glue (abstract).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Yuan such that the glue of Huang can be used to fix the battery cell of Huang to the glue storage tank and housing of Huang in order to form a fixed and secured connection of the battery cells to the battery housing/frame/ glue containers. The resulting modification would render obvious wherein the electrode core assembly is fixed with a glue container and would render obvious the product by process limitation of rotating the battery module such that glue flows from the glue storage groove to at least one electrode core assembly and the housing. Examiner notes that the structure of modification Huang would contain the structural limitation of the glue being used to fix the battery cell to the housing and thus the product by process limitation of forming this structure is already rendered obvious, however, the specific method is not given patentable weight as a product claim depends upon the final structure and not the method of forming the structure.
The product-by-limitations of claim 15 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 15 as written does not distinguish the product of the instant application from the product of the prior art.
Regarding claim 16, modified Huang discloses all the claim limitations of claim 15. Modified Huang further discloses wherein the at least one electrode core assembly comprises a plurality of electrode core assemblies that are disposed in a length direction of the electrode core assemblies (Figure 4; multiple cell accommodation areas in the length direction that hold battery cells, see modification of claim 15); and
The glue container is disposed between at least two adjacent electrode core assemblies of the electrode core assemblies and/or between the electrode core assemblies and the housing (Figure 4, beams 250 are provided between adjacent cell accommodation areas).
Regarding claim 17, modified Huang discloses all the claim limitations of claim 15. Huang further discloses wherein the glue container extends in a height direction of the at least one electrode core assembly (Figure 3-4; the beam extends in a height direction in which the electrochemical cells extend in the battery box). Huang is silent with respect to wherein the height of the glue container is the same height of the at least one electrode core assembly, however, it would have been obvious in view of a skilled artisan to adjust the size of the electrode core and the glue container to be the same height as the size of the glue container and electrode core can be altered with reasonable expectation of success. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claim 18, modified Huang discloses all the claim limitations of claim 15. Huang further discloses wherein a glue flow channel is disposed on an outer surface of the glue container (Figure 3-4; [37-41] beam 250 is provided with a glue storage tank 270 that stores glue and is provided within a channel within to effectively seal the frame members together to form a battery box); and the glue flow channel is configured to store glue to connect the glue container to the at least one electrode core assembly (Figure 3-4; [37-41] beam 250 is provided with a glue storage tank 270 that stores glue and is provided within a channel within to effectively seal the frame members together to form a battery box).
Regarding claim 19, modified Huang discloses all the claim limitations of claim 18. Huang further discloses wherein the glue flow channel is disposed on at least one of two surfaces of the outer surface in a width direction of the battery module (Figure 3-4; flow channel of the beam 250 is provided within the width/length of the battery cell module).
Regarding claim 20, Huang discloses an assembly method for a battery module, wherein
the battery module comprises a housing, a glue container, the housing comprising a mounting space, and the glue container comprises a glue storage groove with an open end, and the glue container is located in the mounting space, the open end of the glue storage groove faces a top surface of a bottom surface along a height direction of the at least one electrode core assembly, and the glue storage groove is configured to store liquid glue; and comprising a mounting space (Figures 2-3; battery box being formed from the frame members [29-34]; Figure 4; beam 250 is provided with a first glue storage tank 270 that is located between the area for the battery cells; Figure 4; first glue storage tank 270 having an open groove), and
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The assembly method comprises:
Connecting the glue container with the open end of the glue storage groove upward (Figure 4 storage tank 270 having the groove);
Injecting liquid glue into the glue storage groove of the glue container (Figures 3-4; [43] frame and bottom pate are bonded together with the resin glue in which the glue is inserted to bond the two together);
Disposing the glue container into the mounting space (Figure 3-4), sealing the housing wherein the open end of the glue storage groove is spaced apart from a top surface or the bottom surface of the housing (Figures 3-5, groove appears to be spaced apart from a lid component),
Clamping the housing and rotating the battery module by 180 degrees, wherein after the battery module is rotated, the liquid glue stored in the glue storage groove is configured to flow out from the open end under action of gravity ([41] pressure is used to couple the frames together to cure the glue; Figure 5 show wherein the battery is rotated for use and thus can be flipped to allow for glue to flow).
Huang discloses a battery box that shows a structure in which a battery would be incorporated in a cell accommodation area, however, is explicitly silent with respect to a battery contained in the battery box and coupled with the glue container.
Guo discloses a method for manufacturing a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Guo discloses wherein battery cells are provided in the battery housing between the gap that is formed and filled in with resin glue to couple and seal the frame with the battery slot and battery cell (Figure 1, [166] glue is used to effectively ensure complete sealing between adjacent battery cells).
Therefore, it would have been obvious for a skilled artisan to provide a battery cell in the region that is between the beams and connected by the glue to the beams to effectively ensure a complete sealing between adjacent batteries as taught by Guo. Huang discloses a battery box, however, is explicitly silent with a battery being provided in the battery box and coupled to the battery box with the glue and thus the combination of Huang and Guo would render obvious wherein the battery is contained in a battery box.
Additionally, Huang is silent with respect to wherein at least one electrode core assembly is fixed with the glue container.
Yuan discloses a battery pack structure and is analogous with the instant invention as being within the same field of endeavor of battery cells. Yuan discloses wherein a battery pack comprises a housing and a cell assembly provided in the housing and uses glue to fill in a gap region between the cell assembly and the housing to fix the cell assembly and the housing via the glue (abstract).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Yuan such that the glue of Huang can be used to fix the battery cell of Huang to the glue storage tank and housing of Huang in order to form a fixed and secured connection of the battery cells to the battery housing/frame/ glue containers. The resulting modification would render obvious wherein the electrode core assembly is fixed with a glue container and would render obvious the glue would flow out of the storage tank to couple the battery and the housing when the battery module is rotated. Examiner notes that the structure of modification Huang would contain the structural limitation of the glue being used to fix the battery cell to the housing when the housing is rotated and thus rendered obvious all the claim limitations of claim 20.
Response to Arguments
Applicant's arguments filed 05/11/2026 have been fully considered but they are not persuasive. Applicant argues that the amended claims overcome the rejection of record. Examiner notes that the claim has been updated taking into account the amendments to the claims and thus the arguments are not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
You et al. (US 2024/0055695 A1)-discloses a battery pack, method for manufacturing the battery pack and vehicle that involves using conductive glue to eliminate gaps formed in the cover.
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 Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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