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/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 4/02/2026 is acknowledged.
No claims have been withdrawn. Claims 1-13 are under examination.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 6: there should be “a” before “accommodating space”.
Appropriate correction is required.
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.
Claims 1-13 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 1, in line 10, the limitation “a battery cell” creates indefiniteness because the limitation “a battery cell” appears already in the claim in line 1. One of ordinary skill in the art would not be able to determine if this is the same battery cell or a different one.
In lines 12-17 of claim 1, the limitation “wherein the moving unit is configured to move between a first position in which the lead contact member is disposed inside the plurality of plates in the first direction and a second position in which the lead contact member is disposed outside the plurality of plates in the first direction.” is indefinite because one of ordinary skill in the art would not be able to interpret what “inside the plurality of plates” nor “outside the plurality of plates” means
In the specification, further clarity is provided in [0086-90], where inside is explained to be relative to a thickness of 121, meaning that in the first position the moving member moves the contact members into the depression of the plate body. It is the examiner’s position that this is insufficiently defined in the claim language, because the explanations in [0086-90] do not sufficiently indicate that inside and outside have special definitions in the context of the instant.
One of ordinary skill in the art would encounter uncertainty when interpreting claim 1 because it would not be unreasonable to interpret outside to mean in a position where only one side of the lead contact member is facing a plate body, and inside to be a case where the plate body faces one on both sides in the first direction. This interpretation is reasonable given the current claim language because the current claim language does not mention inside being relative to the thickness of 121.
If that were to be included, ideally using similar or the same language as that of [0086] which reads:
“Specifically, the moving unit 140 and the lead contact member 130 may be installed on the installation member 122 and may be located inside relative to the thickness of the plate body 121.” Note that reference numbers will still need to be removed.
Claims 2-13 are rejected based on their dependence on the rejected claim 1.
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.
Claims 1-10, 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20200280090-A1, SON.
Regarding claim 1, SON teaches a pressing apparatus (1) for a battery cell (2), the pressing apparatus comprising: a frame ([0047], “a shaft”); a plurality of plates (portion of 10 with checker marks annotated Fig. 3 below) movably installed in the frame ([0047], “capable of moving”) in a first direction ([0047], “X-axis direction”) and arranged to face each other in the first direction (see Fig. 5, which is taken down the Y-Axis) to form accommodating space (S in annotated Fig. 5 below)
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a lead contact member (55 and side of 50 facing 2c labeled with arrow, see annotated Fig. 14 below, referred to with symbol 55’ going forward) including a charge-discharge plate (55) electrically connected [0080] to an electrode lead (2c) of a battery cell (2) for at least one of charging and discharging [0042] of the battery cell accommodated in the accommodating space; and a moving unit (50) connected to the lead contact member [0080]. When the compression plates 10 move, 50 and 55 necessarily move with it in the X-direction because they are coupled to 10.
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The following limitation of claim 1 is considered intended use: “wherein the moving unit is configured to move between a first position in which the lead contact member is disposed inside the plurality of plates in the first direction and a second position in which the lead contact member is disposed outside the plurality of plates in the first direction”.
SON teaches a moving unit capable of overlapping the electrode lead of the cell (see Fig. 15, which shows the same view as Fig. 14 but with the grippers grabbing the lead contact). This is position 1 of the instant. SON teaches the moving unit is capable of not overlapping the electrode lead of the cell (see Fig. 14). This is position 2 of the instant. This means the structure anticipates the positively recited structure of the claimed apparatus.
The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Regarding claim 2, SON teaches each of the plurality of plates includes a plate body (20, 21) in contact with a cell body (2a) of the battery cell and an installation member (54) located outside the plate body in a second direction (Y-axis direction, see Fig. 3), which is a length direction of the plurality of plates, and on which the moving unit is disposed [0079], and a thickness of the installation member in the first direction (t4, see annotated Fig. 14 below. Fig. 5 is taken looking down the Z-axis) is less than a thickness of the plate body in the first direction (t1+t2+t3, see annotated Fig. 8 below. Fig 8 is taken looking down the Y-axis).
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Regarding claim 3, SON teaches the moving unit is disposed on both sides (s1 and s2) of the installation member in the first direction (see annotated Fig. 14 below).
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Regarding claim 4, SON teaches a thickness of the lead contact member (t6) in the first direction is less than or equal to half of a difference between the thickness of the plate body (t5) and the thickness of the installation member (t4) in the first direction. t6 is clearly less than half of (t5-t4), see annotated Fig. 14 below.
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Regarding claim 5, SON teaches 50 is disposed on each of both ends of the plurality of plates in the second direction (see annotated Fig. 3 below). 54 is a part of 50, so the installation member is disposed on both ends of the plurality of plates in the second direction.
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Regarding claim 6, SON teaches the lead contact member is disposed to be connected to the moving unit to face both sides of the installation member in the first direction (see annotated Fig. 15 below). The installation member 54 is between lead contact members 55’ on both Side A and Side B, and both lead contact members are connected to the same moving body (50’). Fig. 15 is a view from the same direction as Fig. 14 but after the battery cell is pressed [0040].
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Regarding claim 7, SON teaches the charge-discharge plate is disposed to be connected to the moving unit to face both sides of the installation member in the first direction (see annotated Fig. 15 below). Similar to the remarks regarding claim 6, the installation member is between two charge/discharge plates on a Side A and Side B.
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Regarding claim 8, SON teaches the lead contact member includes a support member (side of 50 facing 2c, see arrow in annotated Fig. 14 below) supporting the other side of the electrode lead when the charge-discharge plate contacts one side of the electrode lead (see Fig. 15), the charge-discharge plate is connected to the moving unit to face one of both sides of the installation member in the first direction, and the support member is connected to the moving unit to face the other side (see Fig. 15).
Regarding claim 9, SON teaches the moving unit contains a compression unit (60) capable of compressing in the first direction (see Fig. 15, [0084]). SON shows in Fig. 15 60 completely overlapping the contact member which is what the examiner interprets to define the claimed first position of the instant.
Regarding claim 10, SON teaches a maximum thickness of the compression unit in the first direction is half or more of a thickness of a cell body of the battery cell (see Fig. 15, two compression units are completely covering the gap which is equal to the width of cell body 2a, which means their thickness must be more than half of the cell body’s thickness).
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Regarding claim 12, SON teaches a pressing member ([0047], gears and drive motor) connected to the frame and pressing the plurality of plates in the first direction [0047].
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.
Regarding claim 4, if it is found that SON does not anticipate the claimed range of thicknesses, then the following rejection has been prepared.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US-20200280090-A1, SON in view US-20230135483-A1, HONG.
The teachings of SON are taught in the above rejections of claims 1-3.
In an alternative interpretation (see 102 above for first interpretation), SON does not explicitly teach the thickness of the lead contact member nor the installation member.
However, HONG teaches a device for charging and discharging a battery cell (200) comprising plates (211, 212), pressing blocks (221, 222), and grippers (131, 132, present but not shown [0073]). HONG teaches the pressing blocks move when the plates move [0072] and press a region in the battery cell [0072]. HONG teaches the grippers contact the electrode lead [0049] and comprise an electric current and voltage terminal [0049]. HONG teaches the grippers have an embossed or debossed gride on the contacting surface which has an average recess depth or protrusion height of 0.01 to 0.05 mm. HONG teaches the grippers protrude 10% more than the first and second pressing blocks [0051] and that an example of heights may be 20 mm. for the pressing blocks and 22 mm. for the grippers [0051].
It is the examiner’s position that the pressing blocks of HONG read on the plates of the instant because the pressing blocks are movably installed on a frame (211, 212). It is the examiner’s position that the current and voltage contacts of HONG read on the lead contact member of the instant because they comprise a charge-discharge plate. It is the examiner’s position that the grippers read on the claimed installation member of the instant because they contact the cell body and are located in a second direction laterally apart from the pressing blocks (see Fig. 3, even though this is of the first embodiment, the structure of the gripper is the same [0074].
Therefore, because SON does not explicitly teach the thicknesses or widths of the plates, installation members, or contact members, and does not provide any limitations on the thicknesses or widths, one of ordinary skill in the art at the time of filing of the instant invention would have found it obvious to select from measurements and proportions for said components which were known in the art. HONG provides such measurements, which would have been obvious to apply to the invention of SON because SON does not teach any limitations on the dimensions of its components and because HONG seeks to solve a problem in the same field of charging/assembly restraints for battery cells.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over in view of US-20200280090-A1, SON in view of US-20190372147-A1, MATSUMURA.
Regarding claim 11, SON teaches a pressing member ([0047], gears and drive motor) connected to the frame and pressing the plurality of plates in the first direction [0047]. SON also teaches any mechanical combination capable of the function may be employed [0047].
SON does not teach the moving unit includes the compression unit which contains an air chamber and is driven by outside air.
MATSUMURA teaches a method and apparatus for manufacturing a film covered battery [0007] comprising airbags (32) which are used to compress cells (1). MATSUMURA teaches an air supply 39 which provides air from the outside to expand the airbags [0046] and that the air supply may be cut off to contract the airbags [0049]. MATSUMURA teaches the benefit of the airbags is they allow for removal of air bubbles from the middle of the cells which enables a faster injection of electrolyte [0050]
One of ordinary skill in the art at the time of filing of the instant invention would have found it obvious to use the airbags of MATSUMURA to compress the plates of SON because SON teaches that any means of compression may be used and because MATSUMURA is a means of compression for battery cells. Doing so would be no more than replacing one means of compressing battery cells with another that was known in the art. Additionally, one of ordinary skill in the art at the time of filing of the instant invention would have done so to achieve the benefit MATSUMURA teaches of improved electrolyte injection speed.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over SON in view of MATSUMURA and in further view of US-20220042501-A1, NISHIDO.
Regarding claim 13, MATSUMURA teaches measurement of pressure being applied to the cell (Figs. 5-7). While MATSUMURA does not specifically teach a pressure sensor connected to the frame and configured to directly or indirectly measure pressure applied to the battery cell, the presence of this data suggests the use of such a sensor in the application of MATSUMURA, which means MATSUMURA necessarily teaches a pressure sensor.
NISHIDO teaches an air compressor (1) with a pressure gauge (33) that indicates the supply pressure [0034].
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to utilize a pressure gauge as seen in NISHIDO on the air supply of MATSUMURA because doing so would provide a means to measure the pressure exerted on the plates. Such a pressure gauge would be connected to the air supply lines (38) which are connected to the frame (34), meaning the pressure gauge is connected to the frame. This reads on claim 13 of the instant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUISE JAMES IANNUCCI whose telephone number is (571)272-6917. The examiner can normally be reached 7:00 A.M. - 5:00 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUISE JAMES IANNUCCI/ Examiner, Art Unit 1721
/ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721
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