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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the radial direction of Claim 1 must be shown in Figure 1 or the feature canceled from the claim. No new matter should be entered. The radial direction of Figure 1 is shown as merely going up and down the page, perpendicular to longitudinal direction that goes across the page but lines 7-8 of claim 1 says “an envelope surface delimiting the batteries in the radial direction (R)” which gives the connotation that the radial direction is not a direction (i.e. up, down, left, right, into the page, out of the page) but rather a circumference of each battery.
Further, the drawings are objected to under 37 CFR 1.84(m) because Figures 1, 5, 7-12 are shaded darkly resulting in reduced legibility and it is not clear what the reference numbers and lead lines are referring to.
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.
Specification
The disclosure is objected to because of the following informalities: The phrase “The isolating layer and/or the further isolating layer may be one continuous layer or may be I the form of pieces that builds distance.” in lines 15-16 of page 2 should be “The isolating layer and/or the further isolating layer may be one continuous layer or may be in the form of pieces that build distance”.
Appropriate correction is required.
Claim Objections
Claims 1-12 are objected to because of the following informalities:
In Claims 1-2, the recitation “the through opening of the anode plate” (claim 1 line 22 and claim 2 line 4) should read “the through opening in the anode plate”.
In Claim 2, the recitation “and in the through opening the cathode plate” (claim 2 line 7) should read ““and the through opening in the cathode plate”.
In Claim 3, the recitation “the through opening of the cathode plate” (claim 3 line 4) should read “the through opening in the cathode plate”.
In Claims 2-6 & 12, the recitation “A battery assembly according to claim 1” should be replaced with “The battery assembly according to claim 1”.
In Claim 7, the recitation “A battery stack comprising a number of battery assemblies as claimed in claim 1” should read “A battery stack comprising a number of the battery assemblies as claimed in claim 1”.
Appropriate corrections are required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that uses the word “means” coupled with functional language without reciting sufficient structure to perform the recited function:
Claim 4 line 5 recites “fixing means securing the battery in the through channel”. Note that the term “fixing” does not recite sufficient structure, material or acts for performing the claimed function of securing the battery in the through channel.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification (see P3/L22-24) as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter “fixing means” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The “fixing means” of claim 4 as referenced in lines 22-24/page 3 of instant specification is disclosed as “fixing means can be any suitable fixing means that holds the batteries in place, for example an adhesive in the form of glue or the like and/or a welding material.” This disclosure falls short of reasonably conveying to one skilled in the relevant art what structure (or material or acts) will perform the recited function “of securing the battery in the through channel”. MPEP 2181(II)(A). It is not clear what structure (or material or acts) are encompassed by “any suitable means”. While instant specification provides examples of such fixing means, such as “an adhesive in the form of glue or the like and/or a welding material”, it is not clear if said fixing means is limited to said examples or includes other undisclosed fixing means.
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 1-12 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 is indefinite because of the recitation “fixing means” in line 5 of said claim. Claim limitation “fixing means” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The “fixing means” of claim 4 as referenced in lines 22-24/page 3 of instant specification is disclosed as “fixing means can be any suitable fixing means that holds the batteries in place, for example an adhesive in the form of glue or the like and/or a welding material.” This disclosure falls short of reasonably conveying to one skilled in the relevant art what structure (or material or acts) will perform the recited function “of securing the battery in the through channel”. MPEP 2181(II)(A). It is not clear what structure (or material or acts) are encompassed by “any suitable means”. While instant specification provides examples of such fixing means, such as “an adhesive in the form of glue or the like and/or a welding material”, it is not clear if said fixing means is limited to said examples or includes other undisclosed fixing means.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 1 is indefinite because it recites the limitation “each battery extending in a longitudinal direction (Z) and a radial direction (R) being perpendicular to the longitudinal direction (Z)” in lines 3-4 of said claim. It is unclear if each battery also extends in a radial direction or a radial direction is being established not in reference to the battery. Suggested correction is “each battery extending in a longitudinal direction (Z) and in a radial direction (R), said radial direction (R) being perpendicular to the longitudinal direction (Z)” or “each battery extending in a longitudinal direction (Z), wherein the longitudinal direction (Z) is perpendicular to a radial direction (R)”.
Claim 1 is indefinite because it recites the limitation “radial direction (R)” in line 3 of said claim which is perpendicular to the longitudinal direction (Z), but also recites that each battery comprises “an envelope surface delimiting the batteries in the radial direction (R)” in line 7 which indicates that “R direction” does not refer to just one direction but rather multiple directions indicating circumference of each battery.
Claim 1 is indefinite because it recites the limitation "the first end surface side of the battery assembly" in line 13 of said claim. There is insufficient antecedent basis for this limitation in the claim as only the first end surfaces of each battery were previously recited.
Claim 1 is indefinite because it recites the limitation “such that the first end surface is directed to the same side of the battery assembly” in lines 9-10 of said claim and it is unclear what “same side of the battery” refers to as it does not provide any point of reference – the same side as what? Suggested correction is “such that all the first end surfaces of the number of batteries are directed to the same side of the battery assembly”. Similarly, the recitation “the first end surface comprises” in line 11 of said claim renders the claim indefinite. Suggested correction is “the first end surface of each battery comprises”.
Claim 1 is indefinite because it recites the said limitation “at least the through opening of the anode plate” in lines 21-24 of said claim. There is insufficient antecedent basis for this limitation in the claim as claim previously recites plurality of “through openings through the sandwich structure” in lines 18-19. Further, the recitation “at least the through opening in the cathode plate” in line 24 renders the claim indefinite as claim previously recites plurality of “through openings through the sandwich structure” in lines 18-19.
Claim 2 is indefinite because of the recitations “the through opening of the anode plate” in line 4, “the through opening in the anode plate” in line 6, “the through opening in the isolating layer” in line 6 and “the through opening the cathode plate” in line 7 of said claim. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites “through openings through the sandwich structure” in lines 18-19 of said claim.
Claim 2 is indefinite because of the recitations “the minus pole” in line 3 and “the plus pole” in line 5. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites “the plus pole of each battery” in line 23 and “the minus pole of each battery” in line 21 of said claim.
Claim 3 is indefinite because of the recitations “the through opening of the cathode plate” in line 4, “the through opening in the cathode plate” in lines 5-6, “the through opening in the isolating layer” in line 6 and “the through opening in the anode plate” in line 7 of said claim. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites “through openings through the sandwich structure” in lines 18-19 of said claim.
Claim 3 is indefinite because of the recitations “the minus pole” in line 5 and “the plus pole” in line 3. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites “the plus pole of each battery” in line 23 and “the minus pole of each battery” in line 21 of said claim.
Claim 4 is indefinite because of the recitation “the recess is configured to receive a fixing means securing the battery in the through channel” in lines 4-6. There is insufficient antecedent basis for this limitation in the claim. Suggested correction is “each recess is configured to receive a fixing means securing each battery in each through channel”.
Claim 6 is indefinite because of the recitation “the batteries” in line 5 of said claim. There is insufficient antecedent basis for this limitation in the claim. Suggested correction is “the number of batteries”.
Claim 8 is indefinite because of the recitation “wherein the anode plate, the isolation layer and the cathode plate cover the batteries from at least two holders”. Claim 1 earlier recites that the sandwich structure comprising of the anode plate, isolation plate and the cathode plate cover the battery assembly wherein the battery assembly includes a holder for batteries (line 1 of claim 1) thus broadly interpreted as the sandwich structure covering the holder. It is unclear if Claim 8 covers only the batteries or both the batteries and holder which make up the battery assembly as recited in Claim 1. For the purpose of this office action, “wherein the anode plate, the isolation layer and the cathode plate cover the batteries from at least two holders” is interpreted as “wherein the anode plate, the isolation layer and the cathode plate cover at least two battery assemblies.”
Claims 9-10 are indefinite because of the recitations “the battery stack according to claim 6”. Claim 6 is directed to the battery assembly and not to the battery stack. Further regarding Claim 9, the battery assembly of claim 6 does not include more than one holder. Further regarding Claim 10, the recitation “two battery assemblies” in line 2 of said claim render the claim indefinite as claim 6 only recites one battery assembly. For the purpose of this office action, claims 9-10 are interpreted as dependent on claim 7.
Claim 11 is indefinite because of the recitation “the battery stack of claim 1”, however, claim 1 is directed to the battery assembly and not to the battery stack. Further, claim 11 recites the limitations “one battery assembly” in lines 6-7 and “an adjacent battery assembly” in line 8, however, claim 1 is directed to only one battery assembly.
Claims 11 and 12 are indefinite because of the recitation “electrode”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “electrode” in claims 11 and 12 are used by the claim to mean “electrode terminal” used as a connector for voltage and/or current measurement while the accepted meaning is “a conductor used to establish electrical contact with a non-metallic part of a circuit, such a electrolyte” according to Merriam-Webster dictionary and, specifically, in battery art “an electrode is a conductor that facilitates the flow of electric current by participating in electrochemical reactions”. The term is indefinite because the specification does not clearly redefine the term. For the purpose of this office action, the term “electrode” is interpreted as “electrode terminal”.
Claim 12 is indefinite because of the recitations “the positive electrode” and “the negative electrode”, however, claim 1 does not recite these limitations. There is insufficient antecedent basis for these limitations in the claim. For the purpose of this office action, claim 12 is interpreted as dependent on claim 11.
Additionally, dependent claims 2-12 are rejected as a result of their dependence on indefinite claim 1, as they include all the limitations of claim 1 and they do not resolve the issues identified in rejections set forth above.
Further dependent claims 9 and 10 are rejected as a result of their dependence on indefinite claim 6, as they include all the limitations of claim 6 and they do not resolve the issues identified in rejections set forth above.
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.
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.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kwag (EP 3660952 A1) in view of Hasegawa (WO 2014119287 A1; see machine translation).
Regarding Claim 1, Kwag discloses a battery assembly (battery module 200, see [0062] & Figure 4) comprising a holder (first housing 220 and second housing 230, [0062] & Figure 4) for batteries (plurality of battery cells 210, [0062]) and a number of batteries (plurality of battery cells 210, [0062]), positioned next to each other in the holder (first housing 220 and second housing 230, wherein plurality of battery cells 210 are assembled side by side in the housings 220 & 230, see Figure 4), each battery (plurality of battery cells 210) extending in a longitudinal direction (Z) (battery cells 210 extend along the up-down axis, see Figure 4) and a radial direction (R) (battery cells 210 extend along the left-right and front-back axis, see Figure 4) being perpendicular to the longitudinal direction (Z) (left-right and front-back axis are perpendicular to the up-down axis, see Figure 4), each battery (plurality of battery cells 210) having a first end surface (upper portion, [0062], see top of batteries in Fig. 4) and a second end surface (lower portion, [0062], see bottom of batteries in Fig. 4) opposite the first end surface (upper portion is at an opposite side of the lower portion, see Figure 4) delimiting the battery in the longitudinal direction (plurality of battery cells 210 have a fixed height, see Figure 4 & Figure 5), each battery (plurality of battery cells 210) comprising an envelope surface (a lateral cover surface of the can 111, see [0037]) delimiting the batteries in the radial direction (R) (battery cells 210 are cylindrical and have a fixed diameter, see Figure 4 & Figure 5), the first end surface (upper portion) comprises both a plus pole (positive electrode 212t, [0070] & Figure 5) and a minus pole (negative electrode 211t, [0070] & Figure 5), the battery assembly (battery module 200) comprising an anode plate (first-third conductive plate 240C, first-second conductive plate 240B, second-first conductive plate 260A, see [0066] & Figure 5) covering the battery assembly on the first end surface side of the battery assembly (first conductive plate 240 which may refer to 240C may be arranged on the upper portion of battery cells 210, see [0067]-[0068] & Figure 5), the battery assembly (battery module 200) comprising a cathode plate (first-first conductive plate 240A, first-second conductive plate 240B, second-second conductive plate 260B, see [0066] & Figure 5) covering the battery assembly on the same side as the anode plate (first-first conductive plate 240A covers the upper portion of battery cell 210 on the same horizontal axis as the first-third conductive plate 240C, see Figure 5), the battery assembly (battery module 200) comprising an electrically isolating layer (insulative plate 250, see [0062] & Figure 4) between the anode plate and the cathode plate (insulative plate 250 is arranged between the first conductive plate 240 and second conductive plate 260; see [0062] & Figure 4, wherein first conductive plate 240 may refer to any of first-first conductive plate 240A and first-third conductive plate 240C and second conductive plate 260 may refer to any of second-first conductive plate 260A and second-second conductive plate 260B, see [0066]-[0067]), wherein the anode plate (first-third conductive plate 240C, first-second conductive plate 240B, second-first conductive plate 260A), the isolating layer (insulative plate 250) and the cathode plate (first-first conductive plate 240A, first-second conductive plate 240B, second-second conductive plate 260B) form a sandwich structure (see Figure 4 & Figure 8) comprising through openings (first through-holes 241 [0079], second through-holes [0013] & third through holes 261 [0082], see Figure 4) through the sandwich structure in connection to each battery (see Figures 4 & 8), the battery assembly (battery module 200) comprising a minus connector (second connection tab 280a [0088], first connection tabs 270d [0091] & Figure 5) connecting the minus pole (negative electrode 211t) of each battery (plurality of battery cells 210) to the anode plate (first-third conductive plate 240C, first-second conductive plate 240B, second-first conductive plate 260A), via at least the through opening (first through-holes 241, second through-holes & third through-holes 261) of the anode plate (first-third conductive plate 240C, first-second conductive plate 240B, second-first conductive plate 260A; see [0070], Figure 5 & Figure 8 which show the established electrical connection via the connection tab 280a between the negative electrode 211t of first sub-group SG1 and the second stepped portions 262A of the second-first conductive plate 260A within the third through-holes 261), the battery assembly (battery module 200) comprising a plus connector (first connection tabs 270a [0088], second connection tabs 280c, [0090] & Figure 5) connecting the plus pole (positive electrode 212t) of each battery (plurality of battery cells 210) to the cathode plate (first-first conductive plate 240A, first-second conductive plate 240B, second-second conductive plate 260B) via at least the through opening (first through-holes 241, second through-holes & third through holes 261) in the cathode plate (first-first conductive plate 240A, first-second conductive plate 240B, second-second conductive plate 260B; see Figure 5 & Figure 8 which show the established electrical connection via the connection tab 270a between the positive electrode 212t of first sub-group SG1 and the first stepped portion 242A of the first-first conductive plate 240A within the first through-holes 241).
While Kwag discloses that the first end surface is directed to the same side of the battery assembly (upper portion, [0062], see top of batteries in Fig. 4) Kwag is silent on the holder comprising one through channel per battery extending in the longitudinal direction housing the battery.
Hasegawa discloses a battery assembly (battery block 1, Figure 1), batteries (plurality of batteries 2, Figure 2, P5/L8) and a holder (case 3, Figure 2, P5/L8). Hasegawa further discloses holder (case 3) having the same height as the batteries (plurality of batteries 2) and having one through channel per battery (battery storage compartments for storing individual batteries, see Figure 2 and lines 10-11 of page 6). Hasegawa further discloses that the battery storage compartment of the case 3 ensures that the batteries are aligned in a predetermined arrangement (see Figure 2d and lines 9-10 of page 6) and improves positioning accuracy of each battery (see lines 15-17 pf page 12).
Kwag and Hasegawa are analogous art to the claimed invention as both references are in the same field of rechargeable secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the first housing 220 and second housing 230 of Kwag with the case 3 of Hasegawa having battery storage compartments for individual batteries to allow for a predetermined arrangement of the batteries and positioning accuracy of each battery.
Regarding Claim 2, modified Kwag teaches all the limitations as set forth above and further discloses (see Kwag Fig. 4-8 and [0091]): a battery assembly (200) wherein the anode plate (240C) is arranged closer to the batteries (210) than the cathode plate (260B), wherein the minus connector (270d) extends from the minus pole (211t) through the through opening (first through hole, 241, abstract and [0079]) of the anode plate (240C), and wherein the plus connector (280c) extends from the plus pole (212t) through the through opening (first through hole, 241, abstract and [0079]) in the anode plate (240C), the through opening (second through hole, abstract) in the isolating layer (250) and in the through opening (third through hole 261, abstract and [0082]) the cathode plate (260B) (see SG4 of Figure 5 and see Figure 8 of Kwag).
Regarding Claim 3, modified Kwag teaches all the limitations as set forth above and further discloses (see Kwag Fig. 4-8 and [0088]): a battery assembly (200), wherein the cathode plate (240A) is arranged closer to the batteries (200) than the anode plate (260A), wherein the plus connector (270a) extends from the plus pole (212t) through the through opening (first through hole, 241, abstract and [0079]) of the cathode plate (240A), and wherein the minus connector (280a) extends from the minus pole (211t) through the through opening (first through hole, 241, abstract and [0079]) in the cathode plate (240A), the through opening (second through hole, abstract) in the isolating layer (250) and the through opening (third through hole 261, abstract and [0082])) in the anode plate (260A) (see SG1 of Figure 5 and Figure 8 of Kwag).
Regarding Claim 5, modified Kwag teaches all the limitations as set forth above and further Kwag discloses wherein the battery assembly (200) comprises a cover plate (upper cover 290u, [0062] & Figure 4) configured to cover the anode plate (240C, 240B, 260A), the isolation layer (250) and the cathode plate (240A, 240B, 260B) (see Figure 4 of Kwag which shows cover 290u above second conductive plate 260 and [0059] which discloses a similar upper cover 290u which may cover all of the first conductive plate and second conductive plate).
Regarding Claim 6, modified Kwag teaches all the limitations as set forth above and further Kwag discloses wherein the battery assembly (200) comprises a thermal element (cooling member 295, [0062], Figure 4 & Figure 9) arranged on the opposite side of the battery assembly (200) with respect to the anode plate (240C, 240B, 260A), the isolation layer (250) and the cathode plate (240A, 240B, 260B) for heating or cooling the batteries (200) via the second end surfaces (lower portion) (see Figure 9 and [0100]-[0102] of Kwag which shows cooling member 295 positioned under the battery cells 210 and is designed to cool via a cooling fluid).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kwag (EP 3660952 A1) in view of Hasegawa (WO 2014119287 A1; see machine translation) as applied to claims 1-3 & 5-6 above and further in view of Yamazaki (US 2018/0138476 A1).
Regarding Claim 4, modified Kwag teaches all the limitations as set forth above but is silent on wherein each through channel comprises a recess extending from an edge of the through channel to at least a predetermined distance into the through channel, wherein the recess is configured to receive a fixing means securing the battery in the through channel.
Yamazaki discloses a battery assembly (battery module 10, [0029] & Figure 1), batteries (unit batteries 12, [0028] & Figure 1 wherein each battery has a circular column-shaped design extending in an axial direction), holder (battery holder 14, [0030] & Figure 1 wherein battery holder 14 has a plurality of retention holes 15 into which unit batteries 12 are inserted, see [0031]), through openings (through holes 40, [0038 & Figure 1). Yamazaki discloses that the unit batteries 12 are arranged next to each other on the battery holder 14 (see Figure 1) and further teaches a recess (grooves 72, see Figure 4 and [0051]-[0053]) formed on the surface of the holder 14, which extend in a circumferential direction and are spaced apart in the axial direction (see [0051]. Yamazaki teaches that during the assembly process of the unit battery into the holder 14, an adhesive 46 is filled into a fit clearance 48 formed between the inner circumferential surface of the retention hole and the outer circumferential surface of the coverage zone 66 of the unit battery 12 to firmly and securely fix the unit battery 12 (see [0047]-[0048], Figure 6 & Figure 8). Additionally, Yamazaki further discloses that the plurality of grooves 72 on the holder 14 which have a depth and width which form micro-passageways for receiving adhesive 46 prevents dripping when the adhesive is still uncured and ensure uniform dispersion of the adhesive (see [0053]).
Kwag and Yamazaki are analogous art to the claimed invention as both references are in the field of secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery holder of modified Kwag by using adhesive to firmly and securely fix the battery and to include the grooves, as taught by Yamazaki such that these grooves which allow for the securing of the battery when filled with an adhesive are able to prevent dripping of the adhesive when still uncured and further ensure uniform dispersion of the adhesive.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kwag (EP 3660952 A1) in view of Hasegawa (WO 2014119287 A1; see machine translation) as applied to claims 1-3 & 5-6 above further in view of Zhang (CN205282518U; see machine translation)
Regarding Claim 7, modified Kwag teaches all the limitations as set forth above but is silent on a battery stack comprising a number of battery assemblies wherein the battery stack comprises a number of holders connected to each other via an attachment
Zhang teaches a number of batteries (cylindrical cell 1a, see [0027] & Figure 2), a number of holders (lower bracket 1b and upper bracket 1c, see [0027] & Figure 2), a battery assembly (battery pack 1, see [0027] & Figure 2 wherein battery pack 1 includes several cylindrical cells 1a, upper bracket 1c & lower bracket 1b, see [0033] & Figure 2), battery stack (battery stack 10, see [0027] & Figure 1 wherein battery stack 10 is formed by longitudinally stacking several battery packs 1, [0032]) and an attachment (screws 5, see [0035]). Zhang further teaches that holders (upper bracket 1c and lower bracket 1b) have positioning protrusions 1h equipped with connection holes [0040] through which the screws pass to connect the battery stack 10 (see [0035] & Figure 1).
Kwag and Zhang are analogous art to the claimed invention as both references are in the field of secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange plurality of battery assemblies of modified Kwag into a battery stack, as taught by Zhang, and to modify the holders by adding positioning protrusions equipped with connection holes to allow for the passage of screws to connect individual battery assemblies to form a secure battery stack and thus increase energy output.
Regarding Claim 8, modified Kwag discloses all of the limitations as set forth above and further teaches the battery stack (battery stack 10 of Zhang), wherein the anode plate (240C, 240B, 260A of Kwag), the isolation layer (250 of Kwag), and the cathode plate (240A, 240B, 260B of Kwag), cover the batteries (plurality of battery cells 210 of Kwag) from at least two holders (lower bracket 1b and upper bracket 1c of Zhang). Additionally, when each battery assembly (battery module 200 of Kwag) is vertically assembled into a battery stack using the modified holder as set forth above which has positioning protrusions equipped with connection holes to allow for the passage of screws, the sandwich structure of the anode plate (240C, 240B, 260A), the isolation layer (250) and the cathode plate (240A, 240B, 260B) will cover the first-end surface (upper portion) of batteries (plurality of battery cells 210) contained in a first holder and the second-end surface (lower portion) of batteries (plurality of battery cells 210) contained in another holder of the battery stack.
Regarding Claim 9, modified Kwag discloses all of the limitations as set forth above and further teaches the battery stack (battery stack 10), wherein the thermal element (cooling plate 295 of Kwag) is arranged to cover at least two holders (lower bracket 1b and upper bracket 1c of Zhang). Additionally, the vertical configuration of the battery stack requires that the thermal element (cooling plate 295 of Kwag) which is disposed at the second end surface (lower portion) of the battery assembly (battery module 200) will cover one holder from the first-end surface (upper portion) of one battery assembly and cover another holder from the second-end surface (lower portion) of another battery assembly
Regarding Claim 10, modified Kwag discloses all of the limitations as set forth above and further teaches the battery stack (battery stack 10), wherein the thermal element (cooling plate 295) is arranged between two battery assemblies (battery module 200). Additionally, the vertical configuration of the battery stack requires that the thermal element (cooling plate 295) disposed at the second end surface (lower portion) of a battery assembly (battery module 200) will be stacked between two battery assemblies.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kwag (EP 3660952 A1) in view of Hasegawa (WO 2014119287 A1; see machine translation) as applied to claims 1-3 & 5-6 above further in view of Kang (WO 2018161324 A1; see machine translation)
Regarding Claim 11, modified Kwag discloses all of the limitations as set forth above and further teaches the battery stack (battery stack 10) wherein the cathode plate (240B) comprises a positive electrode (positive terminal P, [0098] & Figure 6 of Kwag), wherein the anode plate (240B) comprises a negative electrode (negative terminal N, [0098] & Figure 6 of Kwag) at the same side wall (same side of 240B, see Figure 6 of Kwag) as the positive electrode (240B), wherein the negative electrode (negative terminal N) is distanced from and side by side (see Figure 6 of Kwag) with the positive electrode (positive terminal P).
Modified Kwag does not recite multiple battery assemblies arranged into battery stack and is silent on wherein the positive electrode and the negative electrode from one battery assembly is connected in series or parallel to the positive electrode and the negative electrode of an adjacent battery assembly.
Kang teaches batteries (single cell 3, Figure 1), battery assembly (battery module, see abstract), battery stack (cylindrical lithium battery pack, see abstract, Figure 1 & Figure 3), holder (left battery holder 1, right battery holder 2, see abstract and Figure 1). Kang discloses that the battery pack comprises at least two battery modules which are sequentially connected from left to right and each battery module comprises left battery holder 1, right battery holder 2, locking screws for locking adjacent battery holders and a core battery layer comprised of the single cell 3 (see abstract and Figure 1), therefore battery stack comprises of multiple holders. Kang further teaches a negative electrode (negative output I, see [0048] & Figure 2) and a positive electrode (positive output H, see [0048] & Figure 2) both of which are arranged on the same side of the battery stack (cylindrical lithium battery pack) (see Figure 2). Kang further teaches battery assembly (battery module) stacked in both vertical and horizontal configurations (see Figure 3). Consequently, the negative electrode (negative output) and positive electrode (positive output) can both be connected to adjacent battery assembly (battery modules) either in a series or parallel configuration as the only way to establish an electrical connection between battery assemblies to form a battery stack would be via a series or parallel connection.
Kwag and Kang are analogous art to the claimed invention as both references are in the field of secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to stack multiple battery assemblies of modified Kwag in a horizontal direction and connect them in series or in parallel to form a battery stack, as taught by Kang, to increase the energy output of a battery pack.
Regarding Claim 12, while modified Kwag discloses all of the limitations as set forth above and Kwag further discloses positive electrode (positive terminal P) extending out from the cathode plate (240A) and negative electrode (negative terminal N) extending outwards from the anode plate (240C) on the same side, wherein the negative electrode (negative terminal N) is distanced from and side by side (see Figure 6 of Kwag) with the positive electrode (positive terminal P). Kwag does not disclose wherein the positive electrode extends from the cathode plate and down along one side wall of the battery assembly or wherein the negative electrode extends from the anode plate and down along the same side wall as the positive electrode.
Kang however discloses cathode plate (positive output parallel-connected current-carrying plate 7, see [0048] & Figure 1) with a positive electrode (positive output H) extending downwards from the cathode plate (positive output parallel-connected current-carrying plate 7) (see Figure 1) and an anode plate (negative output parallel-connected current-carrying sheet 8, see [0048] & Figure 1) with a negative electrode (negative output I) extending downwards from the anode plate (positive output parallel-connected current-carrying plate 7) (see Figure 1) wherein both the negative electrode (negative output I) and positive electrode (positive output H) extend downward on the same side of the battery assembly (battery module) (see Figure 1)
Kwag and Kang are analogous art to the claimed invention as both references are in the field of secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode and negative electrode of Kwag such that it extends downwards, as taught by Kang, in order to establish a series or parallel connection to adjacent battery assemblies thus increasing the energy output of a battery pack.
Conclusion
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/F.V.O./Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725