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 Objections
Claim 29 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Claim 32 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 31 & 32 recites the limitation "the second thermally insulating material" in line 1 and line 2 respectively. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the second thermally insulating material" is the same as the second thermally insulating material disclosed in claim 25 or another “second thermally insulating material"
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) 17-22, 25, 28, 30, 32-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohashi et al. (JP2012124319)
With respect to claim 17, Ohashi et al. discloses a cell for electrochemically storing electrical energy, the cell 100 comprising:
a first subcell 10 and a second subcell 10 which are each designed for electrochemically storing electrical energy [Figures 7-8; 0060-0069]; and
a first electrolyte-stable insulating body 20/40 for thermally insulating the first subcell 10 and the second subcell 10 from each other, said body 20/40 being arranged in an interspace between the first and second subcells 10 that is confined by a side face of the first subcell 10 and a side face of the second subcell 10 [Figures 7-8; 0060-0069],
wherein the first insulating body 20/40 includes a first thermally insulating material 20 having a thermal conductivity of 0.05-0.08 W/(mK) (at most 1 W/(mK)) [0026-0027] and includes a first heating structure 40 which is designed to heat the first subcell and the second subcell [0023-0027], and
wherein the first insulating body 20 is electrically insulated both from the first subcell 10 and from the second subcell. 10. [Figures 7-8; 0060-0069]
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With respect to claim 18, Ohashi et al. discloses wherein the first heating structure 40 comprises two heating elements 40, the first thermally insulating material 20 is designed as a plate which has a first surface and a second surface opposite the first surface, the first surface and the second surface each face one of the interspace-confining side faces of the first and second subcells 10, and a heating element 40 of the first heating structure is arranged on each of the first surface and the second surface. [Figure 8]
With respect to claim 19, Ohashi et al. discloses wherein the heating element 40 arranged on the first surface covers the entire surface of the first surface (at least 50% of the first surface). [Figure 8; Figure 7]
With respect to claim 20, Ohashi et al. discloses wherein each point on the first surface which is not covered by the heating element arranged on the first surface has a corresponding opposite point on the second surface which is covered by at least part of the heating element arranged on the second surface. [Figure 8; Figure 7]
With respect to claim 21, Ohashi et al. discloses wherein at least the heating element 40 arranged on the first surface comprises aluminum. [0054-0056]
With respect to claim 22, Ohashi et al. discloses wherein the first thermally insulating material 20 is formed from two plates 20/40, and the first heating structure has a heating element arranged at least sectionally between the two plates. [Figures 7-8]
With respect to claim 25, Ohashi et al. discloses further comprising: a third subcell 10 which is designed for electrochemically storing electrical energy; and a second insulating body 20/40 for thermally insulating the second subcell 10 and the third subcell 10 from each other, said body being arranged in an interspace between the second and third subcells that is confined by a side face of the second subcell and a side face of the third subcell, wherein the second insulating body includes a second thermally insulating material having a thermal conductivity of 0.05-0.08 W/(mK) (at most 1 W/(mK)) [0026-0027] and includes a second heating structure which is designed to heat the second subcell and the third subcell 10, and wherein the second electrical insulating body 20/40 is electrically insulated both from the second subcell 10 and from the third subcell 10. [Figures 7-8; 0060-0069]
With respect to claim 28, Ohashi et al. discloses wherein the first insulating body and the second insulating body have the same structural form. [Figures 7-8; 0060-0069]
With respect to claim 30, Ohashi et al. discloses wherein the first subcell and the second subcell each comprise: a first electrode 1, a second electrode 2, which has a higher electrical potential than the first electrode 1, and a solid-state electrolyte which is arranged between the two electrodes 1/2. [0040-0041; Figure 4]
With respect to claim 32, Ohashi et al. discloses wherein the first thermally insulating material having a thermal conductivity of 0.05-0.08 W/(mK) (less than 0.3 W/(mK)) [0026-0027]
With respect to claim 33, Ohashi et al. discloses a battery comprising a cell according to claim 17. [0018-0020]
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) 23-24, 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (JP2012124319) as applied to claim 17 & 25 above in further view of Nuernberger (WO2020001861).
With respect to claim 23, Ohashi et al. does not disclose wherein the first subcell and the second subcell each have a thermal mass, and the thermal masses of the first and second subcells differ from each other by not more than 5% of the lesser of the two thermal masses.
Nuernberger discloses a cell for electrochemically storing electrical energy, the cell comprising:
a first subcell 10 and a second subcell 20 which are each designed for electrochemically storing electrical energy; and
wherein the thermal masses of the first and second subcells are essentially the same (differ from each other by not more than 5% of the lesser of the two thermal masses).[0044-0046; 0021-0022; Figure 3]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein the first subcell and the second subcell each have a thermal mass, and the thermal masses of the first and second subcells differ from each other by not more than 5% of the lesser of the two thermal masses, as disclosed in Nuernberger, in order to allow for a simplified manufacturing process and a more homogeneous heating.
With respect to claim 24, Ohashi et al. does not disclose wherein the first subcell and the second subcell each have a thermal mass, and the thermal masses of the first and second subcells differ from each other by not more than 1% of the lesser of the two thermal masses.
Nuernberger discloses a cell for electrochemically storing electrical energy, the cell comprising:
a first subcell and a second subcell which are each designed for electrochemically storing electrical energy; and
wherein the thermal masses of the first and second subcells are essentially the same (differ from each other by not more than 1% of the lesser of the two thermal masses).[0044-0046; 0021-0022; Figure 3]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein the first subcell and the second subcell each have a thermal mass, and the thermal masses of the first and second subcells differ from each other by not more than 1% of the lesser of the two thermal masses, as disclosed in Nuernberger, in order to allow for a simplified manufacturing process and a more homogeneous heating.
With respect to claim 26, Ohashi et al. does not disclose wherein the first subcell and the third subcell each have a thermal mass, the thermal masses of the first and third subcells differ from each other by not more than 5% of the lesser of the two thermal masses; and the second subcell has a thermal mass which differs by not more than 5% from twice the thermal mass of the third subcell.
Nuernberger discloses a cell for electrochemically storing electrical energy, the cell comprising:
a first subcell and a third subcell which are each designed for electrochemically storing electrical energy; and
wherein the thermal masses of the first and third subcells are essentially the same (differ from each other by not more than 5% of the lesser of the two thermal masses).[0044-0046; 0021-0022; Figure 3]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein the first subcell and the third subcell each have a thermal mass, and the thermal masses of the first and third subcells differ from each other by not more than 5% of the lesser of the two thermal masses, as disclosed in Nuernberger, in order to allow for a simplified manufacturing process and a more homogeneous heating.
With respect to claim 27, Ohashi et al. does not disclose wherein the thermal masses of the first and third subcells differ from each other by not more than 1% of the lesser of the two thermal masses; and the second subcell has a thermal mass which differs by not more than 1% from twice the thermal mass of the third subcell.
Nuernberger discloses a cell for electrochemically storing electrical energy, the cell comprising:
a first subcell, second sub cell and a third subcell which are each designed for electrochemically storing electrical energy; and
wherein the thermal masses of the first, second and third subcells are essentially the same (differ from each other by not more than 1% of the lesser of the two thermal masses).[0044-0046; 0021-0022; Figure 3]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein the thermal masses of the first and third subcells differ from each other by not more than 1% of the lesser of the two thermal masses; and the second subcell, as disclosed in Nuernberger, in order to allow for a simplified manufacturing process and a more homogeneous heating.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (JP2012124319) as applied to claim 17 above in further view of Lips et al. (US 2019/0010308).
With respect to claim 31, Ohashi et al. discloses wherein the first thermally insulating material 20 has low flammability [0026]
Ohashi et al. does not specifically disclose wherein the first thermally insulating material has low flammability according to DIN 4102-1
The standard at which the flammability is measured would be a matter of selecting a specific standard that can be used to measure flammability. Although Ohashi does not use the DIN 4102-1 to measure flammability, given a lack of unexpected results in the instant application for using the DIN 4102-1 to measure flammability it is the Examiner's position that any industrial standard is capable of measuring the flammability.
As such, without showing unexpected results, the claimed Standard for measuring flammability cannot be considered critical.
Given that the DIN 4102-1 is one of the many standards used to measure flammability, without showing criticality for using the DIN 4102-1 standard it is the Examiner's position that any industrial standard is capable of measuring the flammability and therefore Ohashi discloses the claimed flammability.
Lips et al. discloses a thermally insulating material for potential use in batteries. Wherein the thermally insulating material has low flammability according to DIN 4102-1. [Table 2; Table 4; 0175; 0219]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein the first thermally insulating material has low flammability according to DIN 4102-1, as disclosed in Lips et al., in order to allow for increase performance and increase safety
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (JP2012124319) as applied to claim 33 above in further view of Christian et al. (US 2013/0108897)
With respect to claim 34, Ohashi et al. does not specifically disclose a vehicle comprising a battery according to claim 33.
It is well known in the art to use batteries in vehicles.
Christian et al. discloses a cell for electrochemically storing electrical energy the cell comprising a first electrolyte-stable insulating body for thermally insulating the battery cell 110 wherein a vehicle comprises the battery. [0002; Figure 2; 0023]
Therefore it would have been obvious to one of the ordinary skill in the art as of the effective filing date of the invention to have modified the cell of Ohashi et al. wherein a vehicle comprising a battery according to claim 33, as disclosed in Christian et al., in order to allow for increase performance and safety.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751