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.
Claim(s) 14-24 and 27 is/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.
Regarding claim 14 and 21-22, Claim 14, line 2 recites “cylindrical housing main body”. However, claim 14 (line 8), and claims 21-22 recite “the housing main body”. It is not clear if the limitation “the housing main body” refers to the “cylindrical housing main body” or a different housing main body.
Regarding claim 15, the limitation “the pressure” lacks antecedent basis.
Regarding claim 16, the limitation “the connection” lacks antecedent basis.
Regarding claim 27, the limitation “cooled welding electrodes” is unclear because the claim does not provide objective boundaries for determining what constitutes an “cooled” welding electrode. The claim does not specify a temperature range or any other objective criteria for determining whether a welding electrode is “cooled”. Accordingly, one of ordinary skill in the art would not be able to determine the scope of the claimed invention with reasonable certainty.
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) 14-25, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meintschel et al. (DE 102014018999 A1; see attached machine translation).
Regarding claim 14, Meintschel discloses an energy storage cell (para 31, “battery cell 10”), comprising: a cylindrical housing main body (para 33, “casing elements 11a, 12a and the frame 13a form a cell housing of the battery cell 10 a” ) which extends along a longitudinal axis (fig. 7-8) and forms a chamber (para 34, “electrolyte space 19”) in which electrode material (para 34,” electrode pack 18”) is arranged; and a contact element (para 38, “two contact lugs 23a, 24a”), wherein the housing main body forms a first pole (para 38, “contact lug 23 a”) of the energy storage cell and is connected electrically conductively to the electrode material via the contact element; and a pressure weld by which the contact element is connected circumferentially to the housing main body (para 38).
Regarding claim 15, Meintschel discloses the pressure weld is a resistance weld (para 38).
Regarding claim 16, Meintschel discloses connection is a spot weld (para 38).
Regarding claim 17, Meintschel discloses “layers of cathode foil 20a, anode foil 22a and separator foil 21” may be wound. This results in an electrode coil. Meintschel also discloses contact element (“contact lugs”) arranged at the end of the electrode coil (fig. 7-8). The contact element forms the end face of the cylindrical electrode; thus, the contact lug necessarily has a round shape.
Regarding claim 18, Meintschel discloses the contact element has a contact surface which bears on an inner side of the main body (see annotated fig.1 below).
Regarding claim 19, Meintschel discloses the contact surface has one or more projections and/or recesses (see annotated fig.1 below).
Regarding claim 20, Meintschel discloses the contact element has or forms a contact web which is oriented away from a base surface of the contact element, and the contact surface is formed on the contact web (see annotated fig.1 below).
Regarding claim 21, Meintschel discloses the housing main body has an indentation or groove which is oriented toward the longitudinal axis and on which the contact surface bears (see annotated fig.1 below).
[AltContent: textbox (Figure 1: Annotated Fig. 7 from Meintschel et al.)]
PNG
media_image1.png
403
687
media_image1.png
Greyscale
Regarding claim 22, Meintschel discloses the housing main body has a bottom element, which is arranged adjoining the contact element on the housing main body (see annotated fig. 1 below).
Regarding claim 23, Meintschel discloses “the enveloping elements 11a, 12a form poles of the battery cell 10a and are provided for the introduction and/or removal of electrical power” (para 33). The disclosed battery cell necessarily includes poles of opposite polarity. Accordingly, Meintschel discloses the first pole is a negative pole of the energy storage cell. Further, Meintschel discloses a second pole is formed on a cover region of the energy storage cell (fig. 3-5).
Regarding 24, Meintschel discloses energy storage cell is a lithium-ion cell (para 31).
Regarding claim 25, Meintschel discloses a method for producing an energy storage cell (para 45-48), comprising the steps of: arranging a contact element on an electrode material (para 45-46); arranging the electrode material in a cylindrical housing main body(fig. 3-5); cohesively bonding the contact element to the housing main body circumferentially by pressure welding (para 45 and 38).
Regarding claim 26, Meintschel discloses performing pressure welding, specifically resistance spot welding (para 38). The housing main body is cylindrical and the welding is performed at an end portion of the housing (fig. 3-8), the welding necessarily extends along the circumference of the main body. Further, resistance spot welding necessarily involves welding from one side or two sides of the welding location. Accordingly, Meintschel discloses performing one-sided or two-sided welding along a circumference of the housing main body.
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.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meintschel et al. (DE 102014018999 A1; see attached machine translation) in view of Flatter (US 4788407 A).
Regarding claim 27, Meintschel discloses pressure welding to bond the contact element to the housing main body (refer to rejection of claim 25). Meintschel does not disclose using cooled welding electrodes.
Flatter discloses cooled welding electrodes were known in the art for “removing heat generated during the welding operations” (para 4). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the pressure welding process taught by Meintschel to incorporate cooled welding electrodes as taught by Flatter in order to “removing heat generated during the welding operations” (para 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Katsumoto et al. (WO 2021065335 A1) discloses an energy storage cell (para 18, “secondary battery”; fig. 1-4), comprising: a cylindrical housing main body (para 21, "container portion 11") which extends along a longitudinal axis and forms a chamber in which electrode material (para 21, "battery element 20") is arranged; and a contact element (para 18, “"an electrode terminal 30”), wherein the housing main body forms a first pole of the energy storage cell and is connected electrically conductively to the electrode material via the contact element (para 76); and a pressure weld by which the contact element is connected circumferentially to the housing main body (para 73).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARTI KHANAL whose telephone number is (571)272-8608. The examiner can normally be reached Mon-Fri 7:00am-5pm.
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, Michael N Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.K./Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746
Prosecution Insights