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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-2, 5-10, 12 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud US20170214103A1.
Regarding claim 1, Onnerud discloses a prismatic battery cell (Onnerud, Fig. 1B, prismatic battery cell), comprising:
an outer case including an internal volume (Onnerud, [0094], Fig. 1B, enclosure 116, internal volume occupied by member 120 and cavities 122),
an electrode stack or a jelly roll electrode disposed within the internal volume (Onnerud, [0092], Fig. 1B. jelly roll core members 102)
and a foam structure (Onnerud, [0094], Fig. 1B, member 120) disposed within the internal volume configured for applying a desirable pressure upon the electrode stack or the jelly roll electrode (Onnerud, [0094], [0119], Fig. 1B, member 120)
and for compressing when the electrode stack or the jelly roll electrode expands (Onnerud, [0095], [0162], “inserted between jelly rolls or wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support”).
While Onnerud does not disclose in the particular embodiment wherein the foam structure comprises a nonporous surface coating layer, Onnerud does teach in another embodiment wherein the foam structure comprises a nonporous layer (Onnerud, [0095], “aluminum foam, having…closed pores”). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the nonporous layer of Onnerud as a surface coating layer to the foam structure of Onnerud, thereby creating a safer structure (Onnerud, [0095]). The Courts have held "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." See MPEP § 2144.06. The examiner notes selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP § 2144.07.
Regarding claim 2, modified Onnerud further teaches wherein the electrode stack or the jelly roll electrode includes a silicon anode or a lithium metal anode (Onnerud, [0124], “Silicon…, Li, …”).
Regarding claim 5, modified Onnerud additionally teaches wherein the foam structure (Onnerud, [0094], [0162], “ It can be plates, fabric pads or meshes inserted between jelly rolls or wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support. ”, Fig. 1B, member 120 ) includes:
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a first foam layer abutting a first side of the electrode stack or the jelly roll electrode and disposed between the first side of the electrode stack or the jelly roll electrode and an inner surface of the outer case (Onnerud, [0092], [0094], Figs., 1A-1B, jelly roll core members 102, enclosure 116, member 120)
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and a second foam layer abutting a second side of the electrode stack or the jelly roll electrode and disposed between the second side of the electrode stack or the jelly roll electrode and the inner surface of the outer case (Onnerud, [0092], [0094], Figs., 1A-1B, jelly roll core members 102, enclosure 116, member 120)
Regarding claim 6, modified Onnerud also teaches wherein the prismatic battery cell comprises the jelly roll electrode (Onnerud, [0092], Fig. 1B. jelly roll core members 102, enclosure 116),
wherein the battery cell includes a plurality of jelly roll electrodes (Onnerud, [0092], Fig. 1A-1B. jelly roll core members 102 and 102a-j)
and wherein the foam structure includes a foam layer disposed between a first of the plurality of jelly roll electrodes and a second of the plurality of jelly roll electrodes (Onnerud, Fig. 1B, jelly roll core members 102, material 120).
Regarding claim 7, modified Onnerud further teaches wherein the foam layer is a first foam layer (Onnerud, [0094], Fig. 1B, member 120)
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wherein the prismatic battery cell further comprises: a second foam layer abutting a first side of a first of the plurality of jelly roll electrodes and disposed between the first side and an inner surface of the outer case (Onnerud, [0092], [0094], Figs., 1A-1B, jelly roll core members 102, enclosure 116, member 120)
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and a third foam layer abutting a second side of a second of the plurality of jelly roll electrodes and disposed between the second side and the inner surface of the outer case (Onnerud, [0092], [0094], Figs., 1A-1B, jelly roll core members 102, enclosure 116, member 120)
Regarding claim 8, modified Onnerud additionally teaches further comprising an oval-shaped (Onnerud, as reasonably suggested by Figs. 2 and 4) foam wrap surrounding the plurality of jelly roll electrodes (Onnerud, [0162], “It can be…wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support.”). While modified Onnerud does not explicitly teach the foam wrap with a pair of opposing open ends, Onnerud does teach wherein the jelly roll units are surrounded by open cylindrical structures (Onnerud, [0037]) and in part by the foam wrap (Onnerud, [0162]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the foam wrap of modified Onnerud wherein the foam wrap with a pair of opposing open ends, thereby containing the core members (Onnerud, [0037]) and providing some mechanical support (Onnerud, [0162]).
Regarding claim 9, modified Onnerud also teaches wherein the prismatic battery cell comprises the electrode stack (Onnerud, [0222], “They can be either formed by winding electrodes and separator or formed by stacking electrodes and separator.”)
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and wherein the foam structure includes: a first foam layer abutting a first side of the electrode stack and disposed between the first side of the electrode stack and an inner surface of the outer case (Onnerud, [0092], [0094], [0222], Figs., 1A-1B, core members 102, enclosure 116, member 120)
and a second foam layer abutting a second side of the electrode stack and disposed between the second side of the electrode stack and the inner surface of the outer case (Onnerud, [0092], [0094], [0222], Figs., 1A-1B, core members 102, enclosure 116, member 120)
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Regarding claim 10, modified Onnerud further teaches wherein the prismatic battery cell comprises the electrode stack (Onnerud, [0092], [0222], “…jelly rolls can take various shapes, such as cylindrical, oval and rectangular, and they are not limited to any particular one. They can be either formed by winding electrodes and separator or formed by stacking electrodes and separator.”),
and wherein the foam structure is a foam wrap surrounding the electrode stack (Onnerud, [0162], “It can be…wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support.”).
Regarding claim 12, modified Onnerud additionally teaches wherein the foam structure is constructed with a polyurethane material (Onnerud, [0119], “Empty space inside the enclosure can be filled with shock absorbing materials, such as foam…The filler material should preferably contain fire retardant materials…Examples of fire retardants can be found in the open engineering literature and handbooks, such as Polyurethanes Handbook…Besides polyurethane foam…”)
Regarding claim 19, Onnerud discloses a system including a device including a battery module (Onnerud, [0005], [0035], [0096]), the system comprising:
the device (Onnerud, [0096], “an electric vehicle”), including:
the battery module (Onnerud, [0035], “The advantageous systems disclosed herein have applicability in multi-core cell structures and a multi-cell battery modules”) including
a plurality of battery cells (Onnerud, [0035], “The advantageous systems disclosed herein have applicability in…a multi-cell battery modules”), wherein each of the plurality of battery cells includes:
an outer case including an internal volume (Onnerud, [0094], Fig. 1B, enclosure 116, internal volume occupied by member 120 and cavities 122),
an electrode stack or a jelly roll electrode disposed within the internal volume (Onnerud, [0092], Fig. 1B. jelly roll core members 102)
and a foam structure (Onnerud, [0094], Fig. 1B, member 120) disposed within the internal volume configured for applying a desirable pressure upon the electrode stack or the jelly roll electrode (Onnerud, [0094], [0119], Fig. 1B, member 120)
and for compressing when the electrode stack or the jelly roll electrode expands (Onnerud, [0095], [0162], “inserted between jelly rolls or wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support”).
While Onnerud does not disclose in the particular embodiment wherein the foam structure comprises a nonporous surface coating layer, Onnerud does teach in another embodiment wherein the foam structure comprises a nonporous layer (Onnerud, [0095], “aluminum foam, having…closed pores”). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the nonporous layer of Onnerud as a surface coating layer to the foam structure of Onnerud, thereby creating a safer structure (Onnerud, [0095]). The Courts have held "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." See MPEP § 2144.06. The examiner notes selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP § 2144.07.
Regarding claim 20, Onnerud further discloses wherein the device is a vehicle (Onnerud, [0096], “an electric vehicle”).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud US20170214103A1 in view of ProcellTM Product Data Sheet (provided; hereafter referred to as Procell).
Regarding claim 3, modified Onnerud does not teach wherein the foam structure exhibits a compressive strain in a range from 65% to 80% at a pressure of 600 kilopascals.
Procell teaches a foam structure (Procell, p. 1, ProCellTM EV Firewall barrier; cf. Instant [0054]) exhibits a compressive strain in a range from 65% to 80% at a pressure of 600 kilopascals (Procell, Graph 1, PCL-350, 600 kPa, ~65% strain). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the foam structure of Procell in modified Onnerud thereby offering a single solution for both compression pad and protection against thermal propagation within electrical vehicle battery packs (Procell, p. 1).
Claim(s) 4, 11, 13-15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud US20170214103A1 in view of Kilhenny US20210257690A1.
Regarding claim 4, modified Onnerud does not teach wherein the foam structure is constructed of a composite multilayer material comprising multiple layers comprising at least one stack of polyurethane foam, mica, aerogel, and fabric layers.
Kilhenny teaches wherein the foam structure is constructed of a composite multilayer material (Kilhenny, [0031]) comprising multiple layers (Kilhenny, Fig. 7, multilayer sheet 402) comprising at least one stack of polyurethane foam (Kilhenny, [0059], [0103]), mica (Kilhenny, [0103]), aerogel (Kilhenny, [0103]), and fabric layers (Kilhenny, [0069], [0103], fiberglass). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the foam structure of Kilhenny in modified Onnerud, thereby improving the fire resistance of batteries (Kilhenny, [0030]).
Regarding claim 11, modified Onnerud does not teach wherein the foam structure is constructed with a silicone rubber.
Kilhenny teaches wherein the foam structure is constructed with a silicone rubber (Kilhenny, [0054], [0070]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the silicone rubber of Kilhenny to modified Onnerud, thereby providing effective adhesion (Kilhenny, [0070]).
Regarding claim 13, Onnerud discloses a prismatic battery cell (Onnerud, Fig. 1B, prismatic battery cell), comprising:
an outer case including an internal volume (Onnerud, [0094], Fig. 1B, enclosure 116, internal volume occupied by member 120 and cavities 122),
an electrode stack or a jelly roll electrode disposed within the internal volume (Onnerud, [0092], Fig. 1B. jelly roll core members 102)
and a foam structure (Onnerud, [0094], Fig. 1B, member 120) disposed within the internal volume configured for applying a desirable pressure upon the electrode stack or the jelly roll electrode (Onnerud, [0094], [0119], Fig. 1B, member 120)
and for compressing when the electrode stack or the jelly roll electrode expands (Onnerud, [0095], [0162], “inserted between jelly rolls or wrapping individual jelly rolls to separate them, hold them in position and provide some mechanical support”). Onnerud does not disclose wherein the foam structure is constructed of a composite multilayer material comprising multiple layers comprising at least one stack of polyurethane foam, mica, aerogel, and fabric layers.
Kilhenny teaches wherein the foam structure is constructed of a composite multilayer material (Kilhenny, [0031]) comprising multiple layers (Kilhenny, Fig. 7, multilayer sheet 402) comprising at least one stack of polyurethane foam (Kilhenny, [0059], [0103]), mica (Kilhenny, [0103]), aerogel (Kilhenny, [0103]), and fabric layers (Kilhenny, [0069], [0103], fiberglass). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the foam structure of Kilhenny in modified Onnerud, thereby improving the fire resistance of batteries (Kilhenny, [0030]).
Regarding claim 14, modified Onnerud also teaches further comprising a first tab (Onnerud, Fig. 1B, conductive tabs 104) and a second tab (Onnerud, Fig. 1B, conductive tabs 106),
and wherein the foam structure includes through-holes (Onnerud, Fig. 1B, openings 126) enabling various positions for the first tab protruding from the prismatic battery cell and for the second tab protruding from the prismatic battery cell (Onnerud, Fig. 1B, various positions of conductive tabs 104 and 106 in openings 126).
Regarding claim 15, modified Onnerud additionally teaches further comprising a liquid electrolyte (Onnerud, [0230]),
and wherein the foam structure is constructed of a composite multilayer material comprising multiple layers comprising at least one stack of polyurethane foam, mica, aerogel, and fabric layers (see claim 13 above), and wherein the foam structure can also be absorptive to electrolyte (Onnerud, [0094]), satisfying the claim limitation, wherein the foam structure includes a different surface polarity from a polarity of the liquid electrolyte, as otherwise the liquid electrolyte would dissolve the foam structure, rendering it unable to be deformable and absorb kinetic energy (Onnerud, [0095]).
Regarding claim 18, modified Onnerud does not teach wherein the foam structure comprises a nonporous surface coating layer.
Kilhenny teaches in another embodiment wherein a surface coating layer is nonporous (Kilhenny, [0042], “The pores 62 d of the thermally-insulating layer 62 can be…closed”). Therefore it would be obvious to the skilled artisan to add the nonporous surface coating layer of Kilhenny to modified Onnerud, thereby delaying thermal runaway (Kilhenny, [0042]).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud US20170214103A1 in view of Kilhenny US20210257690A1 and further in view of Phillips US20090233159A1.
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Regarding claim 16, modified Onnerud further teaches wherein the foam structure includes a foam layer in contact with a second side of the electrode stack or jelly roll electrode (Onnerud, [0092], [0094], [0222], Figs., 1A-1B, core members 102, enclosure 116, member 120)
Modified Onnerud however does not teach further comprising a built-in spring applying a compressive force upon a first side of the electrode stack or jelly roll electrode.
Phillips teaches further comprising a built-in spring applying a compressive force upon a first side of the electrode stack or jelly roll electrode (Phillips, [0051], “a spring mechanism may be positioned between the negative collection disk and the bottom of the can to exert pressure against the jelly roll, thereby ensuring good electrical contact.”). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the built-in spring of Phillips to modified Onnerud, thereby ensuring good electrical contact and absorbing shocks and vibration during handling and operation (Phillips, [0051]).
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Regarding claim 17, modified Onnerud further teaches wherein the foam structure includes a foam layer in contact with a second side of the electrode stack or jelly roll electrode (Onnerud, [0092], [0094], [0222], Figs., 1A-1B, core members 102, enclosure 116, member 120)
Modified Onnerud however does not teach further comprising a built-in spring applying a compressive force upon a first side of the electrode stack or jelly roll electrode and further comprising a second foam layer disposed between the built-in spring and the first side of the electrode stack or jelly roll electrode.
Phillips teaches further comprising a built-in spring applying a compressive force upon a first side of the electrode stack or jelly roll electrode (Phillips, [0051], “a spring mechanism may be positioned between the negative collection disk and the bottom of the can to exert pressure against the jelly roll, thereby ensuring good electrical contact.”) and further comprising a second foam layer disposed between the built-in spring and the first side of the electrode stack or jelly roll electrode (Phillips, [0060], “The base material…is a…foam…It may be desirable to pre-weld the current collector disk and jelly roll or employ a jelly roll that is an integral part of the current collector disk and spring mechanism that could be directly welded to the bottom.”).
Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the structure of Phillips to modified Onnerud thereby ensuring good electrical contact and absorbing shocks and vibration during handling and operation (Phillips, [0051]).
Response to Arguments
Applicant’s arguments, see p. 7, filed 19 March 2026, with respect to the 112 rejection of claims 1-20 have been fully considered and are persuasive. The 112 rejection of claims 1-20 has been withdrawn as it has been overcome by applicant’s amendment.
Applicant’s arguments, see pp. 7-14, filed 19 March 2026, with respect to the rejection(s) of claim(s) 1 and 19 under U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Onnerud and Onnerud in view of Kilhenny.
The examiner notes that the limitation “a nonporous surface coating layer”, as currently drafted, does not provide additional metes and bounds to distinguish over the prior art as applied in the rejection above, nor does the Instant specification as originally filed appear to provide guidance (cf., e.g., Instant [0046]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shi US20220021046A1 (discloses a multilayer foam material for use in a secondary battery).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Prosecution Insights