DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 1-19 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.
Claim 1 recites the limitation “the first limiting portion includes at least one pair of first limiting portions, where each pair of the at least one pair of first limiting portions are spaced apart from each other…”. This limitation renders the claim indefinite because it is unclear whether the structure requires a single first limiting portion or at least a pair of first limiting portions. It is unclear how a singular first limiting portion is a plurality of first limiting portions. For the purposes of this Office Action, the claim is assumed to comprise of one or more first limiting portions.
Claim 2 recites the limitation “the first limiting portion”. This limitation renders the claim indefinite because it is unclear as to which first limiting portion said limitation refers to. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the first limiting portion is a first slot structure”. This limitation renders the claim indefinite because it is unclear whether the first limiting portion is a first slot structure as recited in claim 2 or is a plurality of first limiting portions as recited in claim 1. It is further unclear whether one, some or all of the first limiting portion(s) is a first slot structure.
Claim 2 recites the limitation “the first slot structure comprises a first slot wall and a second slot wall…”. This limitation renders the claim indefinite because it is unclear as to how many first slot wall(s) and second slot wall(s) the claim requires.
Claim 3 recites the limitation “the first limiting portion”. This limitation renders the claim indefinite because it is unclear as to which first limiting portion said limitation refers to. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “the first limiting portion”. This limitation renders the claim indefinite because it is unclear as to which first limiting portion said limitation refers to. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “the first limiting portion”. This limitation renders the claim indefinite because it is unclear as to which first limiting portion said limitation refers to. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the first limiting portion”. This limitation renders the claim indefinite because it is unclear as to which first limiting portion said limitation refers to. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “the second limit portion”. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation “the second limit portion”. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “the second limit portion”. There is insufficient antecedent basis for this limitation in the claim.
Further, dependent claims 2-18 are rendered indefinite due to their dependency on any of the indefinite claims as set forth above.
Claim 19 recites the limitation “the first limiting portion includes at least one pair of first limiting portions, where each pair of the at least one pair of first limiting portions are spaced apart from each other…”. This limitation renders the claim indefinite because it is unclear whether the structure requires a single first limiting portion or at least a pair of first limiting portions. It is unclear how a singular first limiting portion is a plurality of first limiting portions.
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.
Claim(s) 1-7, 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN110148694B, refer to English machine translation by EPO.
Regarding claim 1, CN110148694B discloses a battery (see Title, Abstract, Fig. 1-6), comprising:
a battery cell, wherein a pressure relief structure is provided on a first wall of the battery cell to actuate release of an internal pressure of the battery cell when the internal pressure or an internal temperature of the battery cell reaches a threshold (battery cell 10, pressure relief port 11, see p.3, Fig. 1-2);
a fire-extinguishing pipeline to accommodate a fire-extinguishing medium, wherein the fire-extinguishing pipeline is configured to discharge the fire-extinguishing medium during actuation of the pressure relief structure (flame retardant device 20 including container, pipe and cover 20,21,22, see p.3, Fig. 1,3);
a first fastener, wherein the first fastener is fastened to a surface of the first wall of the battery cell away from the interior of the battery cell, and the first fastener is provided with a first limiting portion (battery module includes a fixing device for fixing the flame retardant device 20, the fixing device including holder 47, see p.3,5, Fig. 1,5); and
a second fastener, provided on a side of the first fastener away from the battery cell, wherein the second fastener is provided with a second limiting portion, and the second limiting portion cooperates with the first limiting portion to fasten the fire-extinguishing pipeline between the first fastener and the second fastener (battery module includes a fixing device for fixing the flame retardant device 20, the fixing device including holder 47, see p.3,5, Fig. 1,5),
the first limiting portion includes at least one pair of first limiting portions, where each pair of the first limiting portions are spaced apart from each other along a first direction, and the first direction is perpendicular to the extension direction of the fire-extinguishing pipeline (Fig. 5 shows a fixing device including holders 47).
Regarding claim 2, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the first limiting portion is a first slot structure, wherein the first slot structure comprises a first slot wall and a second slot wall that are provided on a surface of the first fastener away from the battery cell, the first slot wall and the second slot wall being arranged along a first direction, and the first direction being perpendicular to an extension direction of the fire-extinguishing pipeline; and the second limiting portion is clamped between the first slot wall and the second slot wall (holder is C-shaped, see p.5, Fig. 1,5, which has a hole/slot into which fire retardant device is clamped).
Regarding claim 3, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses a first limiting structure is provided on the first slot wall, a first protrusion is provided on a surface of the second limiting portion facing towards the first slot wall, and the first limiting structure cooperates with the first protrusion such that the second limiting portion is fitted to the first limiting portion; and/or
a second limiting structure is provided on the second slot wall, a second protrusion is provided on a surface of the second limiting portion facing towards the second slot wall, and the second limiting structure cooperates with the second protrusion such that the second limiting portion is fitted to the first limiting portion (holder is C-shaped, see p.5, Fig. 1,5, which has a hole/slot into which fire retardant device is clamped).
Regarding claim 4, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the first limiting structure is a first through hole provided in the first slot wall; and/or the second limiting structure is a second through hole provided in the second slot wall (holder is C-shaped, see p.5, Fig. 1,5, which has a hole/slot).
Regarding claim 5, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the first limiting structure is a third protrusion provided on the first slot wall, wherein the third protrusion is provided at an end of the first slot wall away from the battery cell and protrudes towards the second limiting portion; and/or the second limiting structure is a fourth protrusion provided on the second slot wall, wherein the fourth protrusion is provided at an end of the second slot wall away from the battery cell and protrudes towards the second limiting portion (Fig. 1,5 show multiple holders 47 at which flame retardant device is fixed).
Regarding claim 6, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses a first inclined surface is provided at an end of the first protrusion close to the battery cell, a third inclined surface is provided at an end of the third protrusion far away from the battery cell, and the first inclined surface and the third inclined surface correspond to each other and are respectively inclined with respect to a plane in which the first wall is located; and/or a second inclined surface is provided at an end of the second protrusion close to the battery cell, a fourth inclined surface is provided at an end of the fourth protrusion far away from the battery cell, and the second inclined surface and the fourth inclined surface correspond to each other and are respectively inclined with respect to a plane in which the first wall is located (holders are C-shaped, see p.5, and thus each holder has an inclined surface, Fig. 1,5 show holders corresponding with each other, e.g., aligned).
Regarding claim 7, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the second limiting portion is a second slot structure, wherein the second slot structure comprises a third slot wall and a fourth slot wall that are provided on a surface of the second fastener facing towards the battery cell, the third slot wall and the fourth slot wall being arranged along a first direction, and the first direction being perpendicular to an extension direction of the fire-extinguishing pipeline; and the first limiting portion is clamped between the third slot wall and the fourth slot wall (holder is C-shaped, see p.5, Fig. 1,5, which has a hole/slot into which fire retardant device is clamped).
Regarding claim 12, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the battery comprises multiple battery cells arranged along a second direction (battery cells 10, see p.3, Fig. 1), the first fastener comprises multiple first fasteners arranged along the second direction, and the second fastener comprises at least one second fastener, and the fire-extinguishing pipeline extends along the second direction (battery module includes a fixing device for fixing the flame retardant device 20, the fixing device including holders 47, see p.3,5, Fig. 1,5).
Regarding claim 13, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the at least one second fastener comprises comprises multiple second fasteners, wherein the multiple second fasteners are in one-to-one correspondence with the multiple first fasteners (battery module includes a fixing device for fixing the flame retardant device 20, the fixing device including holders 47, see p.3,5, Fig. 1,5).
Regarding claim 14, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the second fastener corresponds to the multiple first fasteners (battery module includes a fixing device for fixing the flame retardant device 20, the fixing device including holders 47, see p.3,5, Fig. 1,5).
Regarding claim 15, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses a stiffener is provided on a surface of the second fastener far away from the battery cell (fixing device for fixing the flame retardant device 20, see p.3,5, Fig. 1 shows fire retardant device stiffly clamped).
Regarding claim 16, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the second limit portion comprises at least one pair of second limiting portions, wherein each pair of the second limiting portions are spaced apart from each other in the first direction, and the fire-extinguishing pipeline is provided between each pair of the first limiting portions and between each pair of the second limiting portions (holders 47, see p.3,5, Fig. 1,5 show multiple/pairs of holders).
Regarding claim 17, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the second limit portion comprises multiple pairs of the second limiting portions arranged along the second direction, wherein the second direction is perpendicular to the first direction, a guide portion is provided between two adjacent pairs of the second limiting portions, and the guide portion is configured to guide installation of the second fastener (holders 47, see p.3,5, Fig. 1,5 show multiple/pairs of holders; holders are C-shaped, see p.3,5, which have ‘guide portions’ configured to guide installation of fire retardant device).
Regarding claim 18, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the second limit portion comprises a pair of the second limiting portions, wherein the second limiting portion extends along the second direction, and the second direction is perpendicular to the first direction (see Fig. 1,5).
Regarding claim 19, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses an electric device (battery cells connected to form a battery module/battery pack/battery cluster/complete energy storage unit and provides a DC bus to the outside to meet voltage requirements and power storage requirements on the user side, see p.1), characterized by comprising: the battery according to claim 1 (see rejection of claim 1), wherein the battery is configured to supply electrical energy (battery cells connected to form a battery module/battery pack/battery cluster/complete energy storage unit and provides a DC bus to the outside to meet voltage requirements and power storage requirements on the user side, see p.1).
Regarding claim 20, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses a method for manufacturing battery (assembly process of battery module, see p.5-7, Fig. 1-6), characterized by comprising:
providing a battery cell, wherein a pressure relief structure is provided on a first wall of the battery cell to actuate release of an internal pressure of the battery cell when the internal pressure or an internal temperature of the battery cell reaches a threshold (battery cell 10, pressure relief port 11, see p.6-7, Fig. 1-2);
providing a fire-extinguishing pipeline, wherein the fire-extinguishing pipeline is configured to accommodate a fire-extinguishing medium, and the fire-extinguishing pipeline is configured to discharge the fire-extinguishing medium during actuation of the pressure relief structure (install flame retardant device 20, when pressure relief device explodes, the flame retardant device is subjected to strong impact causing opening of the connecting tube 22 to rupture and spraying flame retardant, see p.7);
providing a first fastener, wherein the first fastener is fastened to a surface of the first wall of the battery cell away from the interior of the battery cell, and the first fastener is provided with a first limiting portion (install flame retardant device 20 on the holder 47, see p.7); and
providing a second fastener, wherein the second fastener is provided on a side of the first fastener away from the battery cell, the second fastener is provided with a second limiting portion, and the second limiting portion cooperates with the first limiting portion to fasten the fire-extinguishing pipeline between the first fastener and the second fastener (install flame retardant device 20 on the holder 47, see p.7),
the first limiting portion includes at least one pair of first limiting portions, where each pair of the first limiting portions are spaced apart from each other along a first direction, and the first direction is perpendicular to the extension direction of the fire-extinguishing pipeline (Fig. 5 shows a fixing device including holders 47).
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) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN110148694B, refer to English machine translation by EPO, as applied to claims 1-7, 12-20 above.
Regarding claim 8, CN110148694B discloses all of the claim limitations as set forth above. Although CN110148694B does not expressly disclose the third slot wall is provided with a third limiting structure, a fifth protrusion is provided on a surface of the first limiting portion facing towards the third slot wall, and the third limiting structure cooperates with the fifth protrusion such that the second limiting portion is fitted to the first limiting portion; and/or the fourth slot wall is provided with a fourth limiting structure, a sixth protrusion is provided on a surface of the first limiting portion facing towards the fourth slot wall, and the fourth limiting structure cooperates with the sixth protrusion such that the second limiting portion is fitted to the first limiting portion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate extra limiting structures and/or extra protrusions because a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 9, CN110148694B discloses all of the claim limitations as set forth above. CN110148694B further discloses the third limiting structure is a third through hole provided in the third slot wall; and/or the fourth limiting structure is a fourth through hole provided in the fourth slot wall (holder is C-shaped, see p.5, Fig. 1,5, which has a hole/slot into which fire retardant device is clamped).
Regarding claim 10, CN110148694B discloses all of the claim limitations as set forth above. Although CN110148694B does not expressly disclose the third limiting structure is a seventh protrusion provided on the third slot wall, wherein the seventh protrusion is provided at an end of the third slot wall facing towards the battery cell and protrudes towards the first limiting portion; and/or the fourth limiting structure is an eighth protrusion provided on the fourth slot wall, wherein the eighth protrusion is provided at an end of the fourth slot wall facing towards the battery cell and protrudes towards the first limiting portion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate extra limiting structures and/or extra protrusions because a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 11, CN110148694B discloses all of the claim limitations as set forth above. Although CN110148694B does not expressly disclose a fifth inclined surface is provided at an end of the fifth protrusion far away from the battery cell, a seventh inclined surface is provided at an end of the seventh protrusion close to the battery cell, and the fifth inclined surface and the seventh inclined surface correspond to each other and are respectively inclined with respect to a plane in which the first wall is located; and/or a sixth inclined surface is provided at an end of the sixth protrusion far away from the battery cell, an eighth inclined surface is provided at an end of the eighth protrusion close to the battery cell, and the sixth inclined surface and the eighth inclined surface correspond to each other and are respectively inclined with respect to a plane in which the first wall is located, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate extra inclined surfaces, extra limiting structures and/or extra protrusions because a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Response to Arguments
Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive.
With respect to applicant’s arguments directed to amended claims 1-20 (see Remarks filed 7/29/2026), the claim amendments filed 7/29/2026 raises new issues under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, because the structure being claim is unclear as set forth above. Accordingly, CN110148694B, refer to English machine translation by EPO, disclosing a battery module including a fixing device for fixing the flame retardant device 20, the fixing device including holders 47 (see p.3,5, Fig. 1,5) are considered to satisfy independent claims 1 and 20.
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 JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICOLE BUIE-HATCHER can be reached at (571)270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Lee/Primary Examiner, Art Unit 1725 10/6/2026
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