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 .
Election/Restriction
Applicant's election with traverse of Group II, claims 13-16 in the reply filed on 08/07/2026 is acknowledged. The traversal is on the ground(s) that Wang does not disclose that the battery short-circuits and does meet the limitation now required in claim 1. This is not found persuasive because although Wang does not explicitly disclose that the battery short circuits, given that Wang discloses using a switch to switch between an on and off positions (see Figure 4), the battery would necessarily short circuit. Further, regarding the limitation “wherein an electrical resistance of each of the three semiconductor switching elements is selected such that the electrical resistance is lower than an internal resistance of the respective individual battery cell”, applicant’s arguments are based on the presently amended claims having a technical feature not taught by the reference cited in the restriction requirement set forth in the previous Office action mailed 07/17/26. However, the restriction requirement was properly made with respect to the claims presented at the time of the previous Office action (i.e., the claims as originally presented). Also, even with respect to the newly amended claims filed 08/07/26, the prior art set forth below still shows that the amended claims do not make a contribution over the prior art (i.e., that Groups I and II still lack the same or corresponding special technical features) because the groups do not make a contribution over Von Emden (DE 102018220564 A1) in view of Zhang et al. (WO 2021108947) or over Wang (US 20190319321 A1) in view of Weis et al. (US 20210057782 A1) as set forth below. .
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/07/2026.
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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.
Claim 13 and 16 is rejected under 35 U.S.C. 103 as being unpatentable over Von Emden et al. (DE 102018220564 A1) in view of Zhang et al. (WO 2021108947). It is noted that the disclosures of Von Emden et al. and Zhang et al. are based on a machine translation of the references included with this action.
Von Emden et al. discloses a battery module comprising several battery cells that are connected (0025). The battery cells are used in an electric vehicle (0011), i.e. traction battery. The battery cell comprises a cell housing and an electrode unit arranged in the cell housing, which has an anode and a cathode where the anode of the electrode unit is electrically connected to the negative terminal of the battery cell, and the cathode of the electrode unit is electrically connected to the positive terminal of the battery cell (0009). The battery cell also includes a switching unit, i.e. controller, with at least one controllable switch (0010) where at least one switch overlaps the claimed number (3) of switching elements. The switches are arranged and designed such that an electrical connection between the negative terminal and the positive terminal can be established by means of a switch, wherein the electrical connection established by means of the switch has an electrical resistance whose value is less than one tenth of the internal resistance of the electrode unit (0011). When the switch is closed, a short-circuit is formed and electrical energy is converted to heat energy (0012-0013). When the switch is opened, the short-circuit is interrupted (0023). The switch is both opened and closed in less than 20 s (0024).
However, Von Emden et al. does not disclose the semiconductor switching elements are arranged on a flexible conductor foil.
Zhang et al. discloses a plurality of battery cells with adjacent battery cells connected by a conductive adhesive layer (0006). The conductive adhesive layer helps to reduce the electronic impedance at the interface between two adjacent cells and maintain the overall mechanical performance of the battery pack where each individual cell is assembled with a conductive adhesive layer which enables electrical and mechanical connection (0034). Given that the conductive adhesive layer is made from resin component including natural rubber and has a thickness of less than 20 microns (0036), it would necessarily inherently be flexible. The conductive adhesive layer has two surfaces one of which is connected to the positive current collector in the battery cell and the other of which is connected to the negative current collector in the battery cell (0008).
In light of the motivation for using a conductive adhesive layer disclosed by Zhang et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive adhesive layer in the battery module of Von Emden et al. in order to reduce electronic impedance at the interface between two adjacent cells and maintain the overall mechanical performance of the battery pack.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Von Emden et al. (DE 102018220564 A1) in view of Zhang et al. (WO 2021108947) and further in view of Nollet (US 20070160900 A1).
Regarding claim 14:
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Von Emden et al. in view of Zhang et al. teaches a battery module as set forth above.
However, Von Emden et al. in view of Zhang et al. does not teach a respective further semiconductor switching element arranged in the positive busbar and the negative busbar between connections to the semiconductor switching elements, of the respective individual battery cell.
Nollet teaches in Figure 3 above, a power supply circuit 12 further includes conductors 16, 17, i.e. positive and negative busbars, connected to terminals 18, 19 of the battery 13. A switch member 20 is disposed between the conductors 16, 17, and it can be actuated to go between a short-circuiting state in which it connects said conductors 16, 17 to each other, and a disconnection state in which it disconnects said conductors 16, 17 from each other (0030), i.e. a respective further semiconductor switching element arranged in the positive busbar and the negative busbar between connections to the semiconductor switching elements, of the respective individual battery cell. The processor 15 of the power supply circuit 12 is connected to the switch member 20 for controlling the switch member 20 so as to cause it to go from the short-circuiting state to the disconnection state when the temperature is greater than a predetermined threshold (0031) so that there is no risk of the temperature reached by the battery as short-circuited giving rise to degradation of the battery (0022).
In light of the motivation for using a switch member disposed between the conductors connected to terminals of the battery disclosed by Nollet as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a switch member disposed between the conductors connected to terminals of the battery in the battery module of Von Emden et al. in view of Zhang et al. in order to avoid degradation of the battery.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Von Emden et al. (DE 102018220564 A1) in view of Zhang et al. (WO 2021108947) and further in view of Liebenow (WO 2009129874 A1). It is noted that the disclosures of Liebenow are based on a machine translation of the reference included with this action.
Regarding claim 15:
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Von Emden et al. in view of Zhang et al. teaches a battery module as set forth above.
However, Von Emden et al. in view of Zhang et al. does not teach the individual battery cells are prismatic cells with electric poles arranged on opposite side edges.
Liebenow teaches in Figure 1 above, that the cell is prismatic with poles 18a and 18b arranged on opposite side edges (0034). A prismatic cell is understood as meaning a cell which, in contrast to the roller-shaped form of known round cells with metallic cell cups, has an approximately prismatic, preferably parallelepipedal shape and whose cell body or cell cup is formed from a self-supporting, sufficiently dimensionally stable material. Thus, a space-saving design of a prismatic, in particular cuboid energy storage module with minimal gaps is possible without affecting its function (0013).
In light of the motivation for using a prismatic cell disclosed by Liebenow as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a prismatic cell in the battery module of Von Emden et al. in view of Zhang et al. in order to obtain a stable material, save space, and avoid affecting its function.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20190319321 A1) in view of Weis et al. (US 20210057782 A1).
Regarding claim 13:
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Wang teaches a rechargeable battery (Abstract) that can be used in electric vehicles (0053), i.e. traction battery, comprised of individual battery cells wherein a plurality of semiconductor switching elements ([0036]) are arranged between the positive and negative poles of a plurality of individual battery cells 2214 (Figure 2B and Figure 4 above), and a MOFSET transistor ([0051]), i.e. controller, would necessarily short-circuit the individual battery cells using the semiconductor switching element for an on-time of ton = 0.1 seconds, i.e. first time phase; and control the semiconductor switching elements so that the individual battery cells are not short-circuited for an off-time of toff = 1.1 seconds, i.e. second time phase, wherein the first and second time phase alternate ([0052]).
Wang also teaches an integrated heating and battery system including a rechargeable battery having at least one battery cell and a heating element in thermal contact with the at least one battery cell and electrically connected in series to a switch to form a switch-heater assembly (0007).
Wang also teaches in Figure 2B above, the system can include a plurality of battery cells 2214 and can optionally include a plurality of heater elements 2614 in thermal contact with the plurality of battery cells and optionally one or more switches 28 in which heater elements are electrically connected in series to the one or more switches to form a plurality of switch-heater assemblies (0036).
Further, Wang teaches in Figure 2A above, a switch 28 on a heating element 26 (e.g., a nickel foil) (0020, 0034), i.e. the semiconductor switching elements are arranged on a flexible conductor foil.
However, Wang does not teach an electrical resistance of the plurality of semiconductor switching elements is selected such that the electrical resistance is lower than an internal resistance of the respective individual battery cell.
Weis et al. teaches when a battery reaches normal operating temperatures, the battery can switch to a low resistance operating mode, thereby delivering superior power and energy despite operating in a very low ambient temperature (0003). Therefore, it is clear that in order for Wang to short-circuit, the plurality of semiconductor switching elements would necessarily inherently have an electrical resistance lower than an internal resistance of the respective individual battery cell.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20190319321 A1) in view of Weis et al. (US 20210057782 A1) and further in view of Nollet (US 20070160900 A1).
Regarding claim 14:
Wang in view of Weis et al. teaches a rechargeable battery as set forth above.
However, Wang in view of Weis et al. does not teach a respective further semiconductor switching element arranged in the positive busbar and the negative busbar between connections to the semiconductor switching elements, of the respective individual battery cell.
Nollet teaches in Figure 3 above, a power supply circuit 12 further includes conductors 16, 17, i.e. positive and negative busbars, connected to terminals 18, 19 of the battery 13. A switch member 20 is disposed between the conductors 16, 17, and it can be actuated to go between a short-circuiting state in which it connects said conductors 16, 17 to each other, and a disconnection state in which it disconnects said conductors 16, 17 from each other (0030), i.e. a respective further semiconductor switching element arranged in the positive busbar and the negative busbar between connections to the semiconductor switching elements, of the respective individual battery cell. The processor 15 of the power supply circuit 12 is connected to the switch member 20 for controlling the switch member 20 so as to cause it to go from the short-circuiting state to the disconnection state when the temperature is greater than a predetermined threshold (0031) so that there is no risk of the temperature reached by the battery as short-circuited giving rise to degradation of the battery (0022).
In light of the motivation for using a switch member disposed between the conductors connected to terminals of the battery disclosed by Nollet as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a switch member disposed between the conductors connected to terminals of the battery in the rechargeable battery of Wang in view of Weis et al. in order to avoid degradation of the battery.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20190319321 A1) in view of Weis et al. (US 20210057782 A1) and further in view of Liebenow (WO 2009129874 A1).
Regarding claim 15:
Wang in view of Weis et al. teaches a rechargeable battery as set forth above.
However, Wang in view of Weis et al. does not teach the individual battery cells are prismatic cells with electric poles arranged on opposite side edges.
Liebenow teaches in Figure 1 above, that the cell is prismatic with poles 18a and 18b arranged on opposite side edges (0034). A prismatic cell is understood as meaning a cell which, in contrast to the roller-shaped form of known round cells with metallic cell cups, has an approximately prismatic, preferably parallelepipedal shape and whose cell body or cell cup is formed from a self-supporting, sufficiently dimensionally stable material. Thus, a space-saving design of a prismatic, in particular cuboid energy storage module with minimal gaps is possible without affecting its function (0013).
In light of the motivation for using a prismatic cell disclosed by Liebenow as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a prismatic cell in the rechargeable battery of Wang in view of Weis et al. in order to obtain a stable material, save space, and avoid affecting its function.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20190319321 A1) in view of Weis et al. (US 20210057782 A1) and further in view of Wang et al. II (US 20150303444 A1).
Regarding claim 16:
Wang in view of Weis et al. teaches a rechargeable battery as set forth above.
However, Wang in view of Weis et al. does not teach the individual battery cells are stacked with flexible conductor foils placed in between.
Wang et al. II teaches a rechargeable battery including one or more resistor sheets or foils outside and between battery cells in a module such that the resistor sheets do not contact directly with the battery electrolyte and battery cells do not need modification. The resistor sheets are connected in series with battery cells with a thermally activated switch in between (0008).
Further, Wang et al. II teaches the resistor sheet is preferably positioned in the middle of the stack of electrodes for more even heating and can be sandwiched by separators (0046).
In light of the motivation for using stacked battery cells with resistor sheets placed in between disclosed by Wang et al. II as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use stacked battery cells with resistor sheets placed in between in the rechargeable battery of Wang in view of Weis et al. in order to obtain more even heating.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON E. BROWN whose telephone number is (571)775-5984. The examiner can normally be reached M-Th 8am-6pm.
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/MADISON ELIZABETH BROWN/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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