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 .
Response to Amendment
Acknowledgment is made to applicant’s amendment of claims 1 filed on 08/22/2026. Accordingly, claims 1-15 remain pending and are claims addressed and examined below.
Applicant’s amendments to claim 1 have overcome the 35 USC 112(b) rejection previously set forth in the Office actioned mailed 05/26/26.
Response to Arguments
Applicant's arguments filed 08/22/2026 have been fully considered but they are not persuasive.
Applicant argues that the heat conducting plate taught by Meintschel performs the opposite function of the claimed heat protection element and is neither structurally nor functionally a heat protection barrier between two longitudinally adjacent cells. The Examiner disagrees. In ¶ 0010 of the instant specification, Applicant discloses that “the heat protection element provides an effective heat protection barrier …. so that if one of the two adjacent battery cells is converted into a thermally unstable state, the other of the two adjacent battery cells is prevented from also being converted into a thermally unstable state.” In ¶ 0007 and ¶ 0017, Meintschel explains that the heat conducting plate removes heat generated by the cell stacks. Since heat conducting plate removes or conducts heat away from the cells, it is capable of preventing adjacent cells from converting into a thermally unstable state in a case where one cell is in such as state. Additionally, in ¶ 0011 of Applicant’s disclosure, metal, which is a heat conducting material, is exemplified as a suitable material for the heat protection element. Applicant also discloses that the heat protection element is particularly formed as a heat protection plate in ¶ 0011. Thus, Meintschel’s heat conducting plate is structurally and functionally a protection barrier between two longitudinally adjacent cells.
With regards to the heat protection element and the electrical connection elements, Applicant argues that Meintschel's reading cannot satisfy both limitations with the same structure. However, the examiner does not claim that the same structure satisfies both limitations. On pages 3-4 of the office action mailed on 05/26/26, the examiner states that “…this electrical connection comprising of the threads, insulation ring and threaded sleeve formed at the poles reads on a plurality of connection elements…”. While the electrical connection is formed inside the bores formed in the heat conducting plate as Meintschel discusses in ¶ 0010 and ¶ 0035, the Examiner does not claim that the electrical connection is unitarily formed with the heat conducting plate.
In response to Applicant’s argument that Meintschel's threaded-sleeve-and-insulation-ring arrangement at the poles is not shown to include a contact area electrically joining both longitudinally adjacent cells in the manner claimed, the examiner disagrees. In ¶ 0019, Meintschel discusses an electrical contacting of opposite individual cells through the heat-conducting plate and the electrical contacting of adjacent individual cells of a cell stack through the electrical cell connectors, that the individual cells are contacting each other through the bores of the heat conducting plate. When Meintschel mentions “…through the heat-conducting plate…” this is meant to mean that the electrical connection is formed inside the bores as discussed in ¶ 0035.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meintschel et al. (US-20110045334-A1).
With regards to claim 1, Meintschel teaches a battery for vehicles with a hybrid drive comprising several battery cells (¶ 0006 - ¶ 0007), which reads on a battery mounting system for mounting a plurality of battery cells in an electrically drivable vehicle. Meintschel teaches that the battery mounting system comprises a case in which the battery may be built into (¶ 0011). This case reads on a mounting housing configured to accommodate a plurality of battery cells. As shown in Fig. 3 and discussed in ¶ 0009, Meintschel teaches the plurality of cells accommodated in the mounting housing wherein the battery cells are arranged in a plurality of battery cell rows (cell stacks) positioned parallel to each other, wherein the battery cells of the battery cell rows extend along a longitudinal direction. In Fig. 2, Meintschel teaches an electrical connection of two cells within a cell row comprising threads (4), an insulation ring (6), and a threaded sleeve (5) formed at the poles (3) of the cell (¶ 0031 - ¶ 0032). In ¶ 0007, Meintschel teaches that the battery comprises two cell stacks arranged one after the other in the longitudinal direction, in which are arranged several individual cells connected in parallel and/or in series. As there are a plurality of cells connected in the manner shown in Fig. 2, this electrical connection comprising of the threads, insulation ring and threaded sleeve formed at the poles reads on a plurality of connection elements each electrically conductively connecting two battery cells of the respective battery cell row adjacent to each other along the longitudinal direction to provide a series connection of the respective battery cell rows. Meintschel goes on to teach that the battery mounting system comprises a heat conducting plate for adjusting the temperature of the battery (¶ 0007). Meintschel discloses that for an efficient heat discharge from the individual cells of the respective cell stacks (rows), the heat-conducting plate is arranged between the cell stacks (¶ 0009 and Fig. 3). In ¶ 0009, Meintschel also teaches that the cells of the cell stack (row) are thereby arranged next to each other parallel with the longitudinal axes and are respectively connected to the heat-conducting plate in a heat-conducting manner. This heat conducting plate reads on at least one heat protection element arranged between two battery cells of the respective battery cell row which are adjacent along the longitudinal direction and is formed to provide a heat protection barrier between the two
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adjacent battery cells of the respective battery cell row. Figs. 3 and 2 are shown below.
With regards to claim 2, Meintschel teaches the heat conducting plate comprises bores (¶ 0035). Meintschel teaches that the individual cells of one of the two cell stacks on one of the sides of the heat-conducting plates are introduced into the bores with the threaded sleeve which is already screwed onto the respective pole and an insulation ring placed thereon (¶ 0036). As discussed earlier, the threaded sleeve and insulation ring comprise of the electrical connection element (¶ 0031-¶ 0032). The cells are inserted into the bores and connected via the threaded sleeve and insulation ring (connection elements) located inside the bores of the heat conducting plate (heat protection element (¶ 0036). The heat conducting plate is also arranged between one of the two adjacent battery cells as shown in Fig. 3 above. Thus, this reads on the battery mounting system wherein the at least one heat protection element (heat conducting plate) is arranged between the respective electrical connection element of the plurality of electrical connection elements and one of the two adjacent battery cells of the respective battery row. This is also evident in Fig. 3 shown above.
With regards to claim 3, Meintschel shows in Fig. 3 that the heat protection element (heat conducting plate) arranged between the two battery cells of the respective battery cell row adjacent along the longitudinal direction extends along a transverse direction which is transverse of the longitudinal direction. Fig. 3 is shown above.
With regards to claim 4, as discussed earlier in ¶ 0035 and Fig. 3, Meintschel teaches that the heat protection element (heat conducting plate) comprises at least one opening (bores). Meintschel also teaches that one of the two cell stacks are first introduced into the bores (¶ 0036). This read son one battery cell of the two adjacent battery cells of the respective battery row being accommodated in the opening at least in sections. Meintschel also teaches that the insulation rings may first be inserted and fixed into the bores, for example in a latching manner, into which the threaded sleeves are then inserted and fixed; the respective individual cells may subsequently be screwed into the threaded sleeve on both sides of the heat-conducting plate via their poles with the outer thread (¶ 0037). As mentioned earlier, the insulation rings, threaded sleeves and outer threads read on the electrical connection element (¶ 0031- ¶ 0032). Thus, this reads on an electrical reads on an electrical connection element of the plurality of electrical connection elements being arranged in the opening at least in sections in order to provide an electrically conductive connection between the two adjacent battery cells of the respective battery row. Fig. 3 is shown above.
With regards to claim 5, in ¶ 0007, Meintschel teaches a heat conduction plate for adjusting the temperature of the battery, which reads on the at least one heat protection element comprising a heat protection plate.
With regards to claim 6, as mentioned earlier, Meintschel teaches that the heat-conducting plate is arranged between the individual cells of the respective cell stacks (rows) (¶ 0009 and Fig. 3). In ¶ 0009, Meintschel also teaches that the cells of the cell stack (row) are thereby arranged next to each other parallel with the longitudinal axes and are respectively connected to the heat-conducting plate. This reads on the at least one heat protection element being arranged between two battery cells which are along the longitudinal direction of a plurality of the battery cell rows positioned parallel to one another, the at least one heat protection element being arranged, in each case, in particular between two battery cells adjacent along the longitudinal direction of all the battery cell rows positioned parallel to one another. This is also evident in Fig. 3 shown above.
With regards to claim 8, In Fig. 3, Meintschel shows that the two battery cells arranged next to one another in different battery cell rows are arranged without offset to one another. This arrangement without on offset reads on the and/or language used in the claim. Fig. 3 is shown above.
With regards to claim 11, as mentioned earlier, Meintschel teaches the electrical connection of the two individual cells using threads formed at the poles, an insulation ring placed onto the poles directly opposing each other in the longitudinal direction and a threaded sleeve screwed onto one of the poles (¶ 0031 - ¶ 0032 and Fig. 2). These components make up the electrical connection element. The pole discussed by Meintschel may be a plus or minus pole. Meintschel also teaches that the threaded sleeve is made of an electrically conductive material (¶ 0039). As shown in Fig. 2, the electrical connection element is in contact with the pole and as mentioned, an electrical connection is formed. Thus, an electrical connection element of the plurality of electrical connection elements taught by Meintschel comprises a contact area which is electrically conductively connected to a pole or a plus pole of a battery cell of the two battery cels adjacent along the longitudinal direction and which is electrically conductive connected to another pole or minus pole of the other battery cell of the two battery cells adjacent the longitudinal direction. Fig. 2 is shown above
With regards to claim 12, Meintschel teaches that the individual cells of the cell stacks are fastened horizontally on both sides to the heat-conducting plate by means of the formed threads at the poles and the corresponding threaded sleeves inserted into the bores in a form-fit and force-fit manner (¶ 0040). As discussed earlier, the electrical connection element which comprises the threads and thread sleeves, includes the contact area (Fig. 2). Thus, this form-fit and force-fit manner reads on the contact area being firmly bonded to at least one pole or plus pole. As shown in Fig, 3, Meintschel also teaches that the at least one heat protection element (heat conducting plate) is arranged between the respective electrical connection element of the plurality of electrical connection elements. Figs. 2 and 3 are shown above.
With regards to claim 13, in ¶ 0007, Meintschel teaches that the battery mounting system comprises at least one first heat protection element (heat conducting plate). Meintschel also teaches heat conducting bars and heat conducting mass arranged in the intermediate spaces of heat-conducting plate and individual cells of the cell stacks that ensure efficient heat deflection (¶ 0014). The heat conducting bars and heat conducting mass read on heat protection elements. Thus, Meintschel teaches a plurality of heat protection elements.
As discussed previously, Meintschel teaches that the at least one first heat protection element (heat conducting plate) comprises bores through which each cell is inserted (¶ 0036). Meintschel also teaches that the heat conducting bars and mass are arranged in the intermediate space formed by the cells and the first heat conducting plate (¶ 0014). In Fig. 3, the bores (openings), in which the heat protection elements are arranged, are spaced apart along a longitudinal direction of the battery rows in the mounting house. Thus, the battery mounting system taught by Meintschel comprises a plurality of heat protection elements arranged spaced apart from one another or spaced apart from one another along a longitudinal direction of the battery rows in the mounting house.
As shown in Fig. 3 and discussed in ¶ 0008 and ¶ 0014, Meintschel teaches that the heat protection element (heat conducting plate) is arranged between respectively two cell stacks (rows) and thus between two individual cells with a heat conducting bar and mass arranged in the intermediate spaces of heat-conducting plate and individual cells of the cell stacks for efficient heat deflection. This reads on each heat protection element of the plurality of heat protection elements being respectively arranged between two different battery cells of the respective battery cell rows adjacent along the longitudinal direction to ensure a heat protection barrier between a plurality of battery cells of the respective cell rows adjacent along the longitudinal direction. Fig. 3 is shown above.
With regards to claim 14, Meintschel teaches that the individual cells of the cell stacks arranged in a longitudinal direction are fastened horizontally on both sides to the heat-conducting plate by means of the formed threads at the poles and the corresponding threaded sleeves inserted into the bores in a form-fit and force-fit manner (¶ 0040). This reads on at least one heat protection element (heat conducting plate) being connected to at least one of the two battery cells of the respective cell row which are adjacent along the longitudinal direction in a firmly bonded. One of a non-positive and/or positive manner of firm bonding (form-fit and force-fit) will be achieved by the firm bond taught by Meintschel.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meintschel et al. (US-20110045334-A1) as applied to claim 1 above.
With regards to claim 7, in Fig. 3, Meintschel shows that the battery cell rows are positioned parallel to one another. Meintschel teaches that the cells may be connected in parallel and/or in series (¶ 0007). In ¶ 0008 and Fig. 3, Meintschel teaches pole ends (3), however, Meintschel does not teach the specific polarity of the poles. Fig. 3 is shown below.
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It would be obvious to one of ordinary skill in the art, at the time the invention was effectively filed to rearrange the cells in the battery rows positioned parallel to one another taught by Meintschel to have the same polarity and/or arrange the cells to have two adjacently arranged cell rows of the battery cell rows positioned parallel to one another to have a different polarity. The different arrangements may form a series and/or parallel connection as taught by Meintschel and 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).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meintschel et al. (US-20110045334-A1) as applied to claim 1 above, and in further view of Obrist et al. (US-20170331165-A1).
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With regard to claim 8, in Fig. 3, Meintschel shows that the two battery cells arranged next to one another in different battery cell rows are arranged without offset to one another. Meintschel does not teach that the two battery cells arranged next to one another in different battery cell rows are arranged with an offset with one another wherein the offset extends in particular along a longitudinal direction of the battery rows is considered an optional limitation. Fig. 3 is shown below.
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In a similar field of endeavor, Obrist teaches a battery system for a hybrid drive comprising a cell block formed from a plurality of cells (¶ 0001 and ¶ 0006). Obrist teaches round battery cells arranged in a plurality of rows adjacent to one another (¶ 0023). Obrist teaches that the adjacent rows may be arranged offset in relation to one another to allow for a high packing density within the battery block which increases the energy storage density with unmodified size of the housing (¶ 0023). Fig. 1 and 2 show this offset in a longitudinal direction of the battery cell rows (¶ 0017 - ¶ 0018). Fig. 1 and 2 are shown below.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to arrange the rows taught by Meintschel with an offset with one another in a longitudinal direction as taught by Obrist. This will predictably increase the energy storage density of the battery without requiring an increase in the size of the battery.
With regards to claim 9, modified Meintschel teaches two battery cells arranged next to one another in different battery rows are arranged with an offset with one another (Obrist: ¶ 0023). As discussed earlier, in ¶ 0007, Meintschel teaches that the battery mounting system comprises at least one first heat protection element (heat conducting plate). Meintschel also teaches heat conducting bars and heat conducting mass arranged in the intermediate spaces of heat-conducting plate and individual cells of the cell stacks that ensure efficient heat deflection (¶ 0014). Together, this heat conducting bar and mass reads on a second heat protection element.
As discussed previously, Meintschel teaches that the at least one first heat protection element (heat conducting plate) comprises bores through which each cell is inserted (¶ 0036). Meintschel also teaches that the second heat protection element is arranged in the intermediate space formed by the cells and the first heat conducting plate (¶ 0014). Meintschel also teaches that the cells are fastened to the heat protection elements (¶ 0039). As the rows are connected to the heat protection elements taught by Meintschel, through the modification discussed in claim 8, the at least one first and second heat protection elements will be arranged offset with one another between the battery cells of the respective battery cell rows which are adjacent along the longitudinal direction.
With regards to claim 10, as discussed above, Meintschel teaches that the at least one first heat protection element (heat conducting plate) comprises bores through which each pole is inserted and the at least one second heat protection element (heat conducting bars and mass) is arranged in the intermediate space formed by the cells and the first heat protection element (¶ 0036 and ¶ 0014). The pole discussed by Meintschel may be a plus or minus pole. This reads on the first and second heat protection element each having at least one first opening in which , at least in sections, a pole of one of the two battery cells of the respective battery cell row which are adjacent along the longitudinal direction is accommodated and/or the first and second heat protection element each have at least one second opening in which at least in sections, in each case of the two battery cells of the respective battery cell row which are adjacent along the longitudinal direction is accommodated.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meintschel et al. (US-20110045334-A1) as applied to claim 1 above, and further in view of Nishino et al. (US-20100183910-A1).
With regards to claim 15, Meintschel teaches that the mounting housing (casing) may allow for a discharge of heat generated by cells (¶ 0015-¶ 0016). However, Meintschel does not teach that the battery cells comprise at least one degassing valve configured to discharge gas from the battery cell in the event of excess pressure within the respective battery cell, the at least one degassing valve arranged in spatial vicinity of a pole, plus or minus pole of the respective battery cell.
In a similar field of endeavor, Nishino teaches a battery pack with enhanced safety at the time of an abnormality, comprising cells; a housing for accommodating the cells (¶ 0005 - ¶ 0006). Nishino teaches a groove (313) formed above the positive terminal (plus pole) that is broken to release the gas in the case when an internal pressure exceeds a specified pressure (¶ 0041). Nishino goes on to teach that the sealing plate (310) connected to the positive terminal (plus pole) includes an explosion-proof valve (¶ 0077 and Fig. 6). This reads on at least one degassing valve configures to discharge gas from the battery cell in the event of excess pressure within the respective battery cell, the at least one degassing valve arranged in spatial vicinity of a pole plus
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pole of the respective battery cell. Fig. 6 is shown below.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the cells taught by Meintschel to include a groove and explosion-proof valve in the positive pole’s sealing plate as taught by Nishino to release gas in the case when an internal pressure exceeds a specific pressure. This will predictably enhance the safety of the battery taught by Meintschel.
Through this modification, the battery mounting system taught by modified Meintschel includes battery cells that comprise at least one degassing valve configured to discharge gas from the battery cell in the event of excess pressure within the respective battery cell, the at least one degassing valve arranged in spatial vicinity of a pole the respective battery cell.
Conclusion
THIS ACTION IS MADE FINAL. 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 HUNSUYADOR YUSIF whose telephone number is (571)272-4531. The examiner can normally be reached 7 am - 5 pm (M-R).
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, Galen H Hauth can be reached at (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
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