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 .
Status of Claims
Claims 1-13, as filed 28 June 2023, are examined herein.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. Claim 1 includes the limitation “an insulating member for connecting with the end plate”. Examiner notes that an insulating member could be either electrically insulating or thermally insulating. The specification at [0073-0074] stated that a purpose of the member is to avoid high-voltage ignition between the end plate 201 and the battery cells 400. Therefore, the broadest reasonable interpretation of the instant claim limitation is determined to include an electrically insulating member.
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) 1-10 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao (CN 206727133 U), with paragraph references to the provided English translation, in view of Itaya (US 20200185793 A1).
Regarding claims 1-3, Gao teaches a battery ([0008]) comprising:
a plurality of battery cells ([0051] battery cells);
Gao shows a battery module footprint that commonly comprises multiple cells and at [0051] discloses that end plate 11 resists the expansion force of the battery cells, however Gao does not explicitly state that the battery cells are arranged in a first direction.
Itaya, in the field of (abstract) battery modules, explicitly shows (FIG. 2 and [0018]) cells 21 arranged in a first direction. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select the first direction of Itaya for the stacking of the cells of Gao, in order to effectively resist the expansion force of the battery cells, with a reasonable expectation of success.
Returning to Gao:
an end plate ([0051] end plate 11) disposed at an end of the plurality of battery cells in the first direction; and
an insulating member ([0051] “output electrode base 10 used to provide insulation protection … can be made of plastic”) for connecting with the end plate, wherein the insulating member is arranged on the top surface of the end plate in a second direction, the second direction being perpendicular to the first direction;
The insulating member inherently has a length A in a third direction, the end plate has a length B in the third direction. However, Gao does not explicitly teach wherein A≥0.9B and the third direction is perpendicular to the first direction and the second direction. Gao at FIG. 2, FIG. 6, FIG. 7, FIG. 8 shows that output electrode base 10 (equivalent to the insulating member) is less than the width of the end plate in the third direction, leaving room for a vertical hole (FIG. 7, not numbered) on the left and right side of the end plate. Gao at [0051] discloses that the output electrode base 10 (insulating member) provides insulation for the output electrode copper bar 14, as shown FIG. 5. The insulating member therefore needs to be as wide as or wider than the output electrode copper bar, but narrower than the end plate, therefore overlapping the value A = 0.9B, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Examiner further notes that the length of the end plate is selected based on the length of the batteries that are being secured. The instant specification states [0007] that “the insulating member can not only provide considerably complete insulation protection for the end plate when the battery is in normal use, but also fully cover the top surface of the end plate in a case of melting of the insulating member caused by thermal runaway of the battery cells.” The instant specification does not provide any showing of criticality for the dimensions of the insulating member. As such, the insulating member may be any width up to the full width of the end plate.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select any value for end plate width b which is wider than the copper bar 14 and narrower than the end plate holes as shown FIG. 5 with a reasonable expectation of success, therefore rendering obvious the selection of an insulating member 10 where A≥0.9B. This also render obvious claim 2, 0.9B≤A≤B, and claim 3, wherein the battery cells have a maximum length C in the third direction, wherein A≥0.9C.
Regarding claim 4, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein projections of the insulating member and the battery cells in the first direction at least partially overlap.
Itaya, in the field of (abstract) battery modules, explicitly shows (FIG. 2) external connection terminal block 32, which appears to be an insulating material having a metal terminal attached to the surface. At FIG. 2, a projection partially overlaps a battery cell on each end. The projection appears to support bus bar plate 24, as shown at [0022]. These structures are seen in Itaya modified FIG. 2, below. Arrow 1 indicates the lower part of terminal block 32, equivalent to the claimed insulating member. Arrow 2 indicates the projection which partially overlaps the battery cells.
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A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to add the projection of Itaya to the insulating member of Gao, in order to support the bus bar plate, with a reasonable expectation of success.
Regarding claim 5, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein the insulating member has a minimum thickness greater than or equal to 1.5 mm in the second direction. At paragraph [0005] of Gao, the problem of improving battery performance during vibration conditions is contemplated, which Examiner notes is a known issue for vehicles mounted in batteries. Itaya, in the field of (abstract) battery modules, explicitly discloses at [0021] the mounting of Itaya’s battery on an electric vehicle. Therefore, a person of ordinary skill would expect that the battery of modified Gao is suitable for use to power an electric vehicle. Examiner notes that battery modules used to power electric vehicles are commonly 10 cm in height or more, therefore a person of ordinary skill would expect output terminal base 10 of Gao (equivalent to the insulating member) to have a height greater than 1.5 mm, meeting the instant claim limitation.
Regarding claim 6, Gao in view of Itaya discloses all of the limitations as set forth above. Gao discloses [0051] that the output electrode base 10 can be made of a plastic material. However, Gao does not explicitly teach wherein a melting point of the insulating member is greater than 100°C. Examiner notes that heating of batteries during usage or failure is known to occur, and that most commonly used polymers have a melting point over 100˚C, therefore a person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select a polymer meeting the instant claim limitations, with a reasonable expectation of having an insulating member that will not fail during normal operating conditions.
Regarding claim 7, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein the end plate is provided with a mounting hole running through in the second direction, wherein the mounting hole is configured to allow a fastener to pass through for fastening the battery; and the insulating member is provided with a barrier, wherein the barrier is used to separate the battery cells from an end portion of the fastener extending out of the mounting hole.
Itaya, in the field of (abstract) battery modules, explicitly shows (FIG. 2, FIG. 3, [0025]) external connection terminal block 32, which two have two recessed holes to accommodate bolts, in order to connect block 32 to end plate 3.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the insulating member of modified Gao with the recessed holes and bolts of Itaya, in order to more securely attach the insulating member, with a reasonable expectation of success.
Regarding claim 8, Gao in view of Itaya discloses all of the limitations as set forth above. Gao further teaches wherein the battery further comprises a plurality of bus members for implementing electrical connection of the plurality of battery cells, wherein the insulating member is provided with a mounting base, and at least one of the bus members is fixedly connected to the mounting base. ([0004] “the output electrode base is connected to the output electrode copper bar and high voltage connection copper busbar in the battery module by bolts.”; [0051] output electrode copper bar 14)
Regarding claim 9, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein the mounting base is provided with a first connecting hole, wherein at least one of the bus members is provided with a second connecting hole corresponding to the first connecting hole in position, and the second connecting hole and the first connecting hole are configured to allow a connector to pass through to implement fixed connection between the at least one of the bus members and the mounting base. ([0004] “the output electrode base is connected to the output electrode copper bar and high voltage connection copper busbar in the battery module by bolts.” [0051] and FIG. 1 output electrode copper bar 14)
Regarding claims 10 and 11, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein the battery further comprises a signal monitoring member for monitoring voltage and/or temperature signals of the plurality of battery cells, wherein a signal input terminal of the signal monitoring member is electrically connected to the plurality of battery cells, and a signal output terminal of the signal monitoring member is fixed to the insulating member.
Itaya, in the field of (abstract) battery modules, explicitly discloses [0008] the use of a sensor to monitor voltage, and at [0025] and FIG. 2 discloses a fixing portion 33 to which a sensor device 7 is fixed by a bolt … on the upper surface … of one of the end plates. Examiner notes that the use of the bolt requires a bolt hole, and the broadest reasonable interpretation of
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the end plate of modified Gao by adding a voltage sensor terminal, with a reasonable expectation of successfully measuring voltage of the battery modules.
Regarding claim 11, Examiner notes that the use of the bolt requires a bolt hole, and the broadest reasonable interpretation of “a mounting groove” includes a threaded bolt hole and the associated bolt. The person of ordinary skill would further understand that the bolt hole and bolt of Italy could be placed at any position on the top surface of the end plate, including on the insulating member, thus rendering obvious wherein the insulating member is provided with a mounting groove, wherein the signal output terminal of the signal monitoring member is fixed to the mounting groove.
Regarding claim 13, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach electric apparatus comprising the battery according to claim 1, wherein the battery is used to provide electrical energy. Itaya, in the field of (abstract) battery modules, explicitly discloses at [0021] the mounting of Itaya’s battery on an electric vehicle. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use the battery of modified Gao to power an electric vehicle, with a reasonable expectation of success, thus rendering obvious the instant claim limitation.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao (CN 206727133 U), with paragraph references to the provided English translation, in view of Itaya (US 20200185793 A1), as set forth in claim 1, above, and in further view of Lim (US 20140212731 A1).
Regarding claim 12, Gao in view of Itaya discloses all of the limitations as set forth above. However Gao does not explicitly teach wherein an insulating layer is provided between the bottom surface of the insulating member and the top surface of the end plate.
Lim, in the field of (abstract) battery modules, discloses at [0053] the first and second end plates 110 and 120 and the support plate 130 are coated with the insulator so as to be insulated from the battery cells 10 and to prevent corrosion of the battery cells 10, the first and second end plates 110 and 120, and the support plate 130.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the end plates of modified Gao with the insulating coating of Lim, which would create the claimed insulating layer is provided between the bottom surface of the insulating member and the top surface of the end plate, with a reasonable expectation of successfully preventing corrosion of the end plates.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE A RUTISER whose telephone number is (571)272-1969. The examiner can normally be reached 9:00 AM to 5:00 PM M-F.
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
Prosecution Insights