DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 1, 2, 4-10, 12, 13, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN-102983302-A, disclosed in IDS mailed on 7 June 2024, machine translation is used for rejection below) in view of Jiang et al. (US-20230148174-A1, disclosed in IDS mailed on 7 June 2024).
As to claim 1, Wang discloses a battery cell assembly (figure 5, battery pack 100) comprising:
a pair of battery cells including a first battery cell and a second battery cell (figure 5, unit cells 110), wherein each battery cell comprises at least one first cell connecting element (figure 1, positive terminal 112) and at least one second cell connecting element for electrically connecting the battery cell to either a housing or another battery cell of the pair of battery cells (figure 1, negative terminal 113), wherein the cell connecting elements of each battery cell are disposed on end face sides of the respective battery cell (figure 1, positive terminal 112, negative terminal 113), wherein each battery cell of the pair of battery cells is disposed opposite to one of the cell connecting element of another battery cell of the pair of battery cells (figure 5, page 4 lines 48-49); and
an electrically conductive bracket arrangement in the form of a cell connector (figure 1, current collecting terminals 114) that is fastened at least to oppositely disposed cell connecting elements of the pair of battery cells (figure 1, current collecting terminals 114, page 4 lines 12-15), wherein the electrically conductive bracket arrangement comprises a first bracket (figure 6, current collecting terminals 114) connected to the first battery cell (figure 6, current collecting terminals 114) and a second bracket (figure 6, current collecting terminals 114) connected to the second battery cell (figure 6, current collecting terminals 114), wherein the first bracket surrounds and makes electrically conductive contact with the second bracket (figure 6, page 4 lines 51-54),
wherein the first bracket protrudes outwardly from an end face of the first cell connecting element of the first battery cell (figure 6, current collecting terminals 114), and
wherein the second bracket protrudes outwardly from an end face of the second cell connecting element of the second battery cell (figure 6, current collecting terminals 114).
However, Wang does not disclose wherein the first cell connecting element has a smaller cross-section than a cross-section of a body of the first battery cell and protrudes outwardly from an end face of the body of the first battery cell, and wherein the second cell connecting element has a smaller cross-section than a cross-section of a body of the second battery cell and protrudes outwardly from an end face of the body of the second battery cell.
Jiang discloses a battery having an electrode terminal configured to connect a plurality of batteries in a first direction, wherein the first cell connecting element has a smaller cross-section than a cross-section of a body of the first battery cell and protrudes outwardly from an end face of the body of the first battery cell (figure 1, [0083]), and wherein the second cell connecting element has a smaller cross-section than a cross-section of a body of the second battery cell and protrudes outwardly from an end face of the body of the second battery cell (figure 1, [0083]). It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery cell assembly as disclosed within Wang to include that the first cell connecting element has a smaller cross-section than a cross-section of a body of the first battery cell and protrudes outwardly from an end face of the body of the first battery cell, and wherein the second cell connecting element has a smaller cross-section than a cross-section of a body of the second battery cell and protrudes outwardly from an end face of the body of the second battery cell as disclosed within Jiang.
As to claim 2, modified Wang discloses the battery cell assembly as disclosed within claim 1, and further discloses wherein each bracket is substantially U-shaped (figure 6, current collecting terminals 114) with a central region (figure 6, current collecting terminals 114) and projecting arms (figure 6, turned over edges 1143) which project from the central region at respective ends of the central region (figure 6, turned over edges 1143), wherein the projecting arms of the first bracket extend over the projecting arms of the second bracket (figure 6, turned over edges 1143).
As to claim 4, modified Wang discloses the battery cell assembly as disclosed within claim 2, and further discloses wherein the projecting arms of the first bracket contact the projecting arms of the second bracket (figure 6, turned over edges 1143), wherein the projecting arms of the first bracket pretension the projecting arms of the second bracket and/or the projecting arms of the second bracket pretension the projecting arms of the first bracket (figure 6, turned over edges 1143).
As to claim 5, modified Wang discloses the battery cell assembly as disclosed within claim 4, and further discloses wherein the projecting arms of the first bracket contact the projecting arms of the second bracket at a contact area (figure 6, turned over edges 1143), wherein the contact area is free of air gaps (figure 6, turned over edges 1143).
As to claim 6, modified Wang discloses the battery cell assembly as disclosed within claim 1, and further discloses wherein the brackets are composed of metal or sheet metal (page 4 lines 20-26).
As to claim 7, modified Wang discloses the battery cell assembly as disclosed within claim 1, and further discloses wherein the brackets are connected to the cell connecting elements in a materially bonded manner (page 4 lines 12-15).
As to claim 8, modified Wang discloses the battery cell assembly as disclosed within claim 7, and further discloses wherein the brackets are welded together (page 4 lines 51-54).
As to claim 9, modified Wang discloses the battery cell assembly as disclosed within claim 7, and further discloses wherein the brackets are laser-welded together (page 4 lines 51-54 and page 5 lines 46-49).
As to claim 10, modified Wang discloses the battery cell assembly as disclosed within claim 1, and further discloses wherein each bracket is substantially U-shaped (figure 6, current collecting terminals 114) with a central region and projecting arms (figure 6, current collecting terminals 114 and turned over edges 1143) which project from the central region at respective ends of the central region (figure 6, turned over edges 1143), and wherein the projecting arms of the first bracket are connected to the projecting arms of the second bracket in a materially bonded manner (page 4 lines 51-54), by welding, or by laser-welded (page 4 lines 51-54).
As to claim 12, modified Wang discloses the battery cell assembly as disclosed within claim 1, however, Wang does not disclose wherein the battery cell assembly of claim 1 is used with a battery device.
Jiang discloses a battery assembly having multiple batteries connected together in series, wherein the battery cell assembly (figure 16, battery 10) is used with a battery device (figure 16, motor 40) to provide the power needed for a vehicle to function (figure 16, [0145]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to additionally include that the battery assembly is used with a battery device to provide power needed for another device, such as a vehicle, to function as disclosed within Jiang.
As to claim 13, modified Wang discloses the battery cell assembly as disclosed within claim 12, however, Wang does not disclose wherein the battery device is used within an electrically driven motor vehicle.
Jiang discloses a battery assembly having multiple batteries connected together in series, wherein the battery device (figure 16, motor 40) is used within an electrically driven motor vehicle (figure 16, vehicle 1) to serve as the drive power supply of the vehicle [0145].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the battery cell assembly as disclosed by Wang within an electrically driven motor vehicle to serve as the drive power supply of the vehicle as disclosed within Jiang.
As to claim 17, modified Wang discloses the battery cell assembly as disclosed within claim 10, and further discloses wherein a distance separating the projecting arms is less than a width of the cell connecting element to which the projecting arms are attached (figure 6, turned over edges 1143).
As to claim 18, modified Wang discloses the battery cell assembly as disclosed within claim 1, and further discloses wherein each bracket is substantially U-shaped (figure 6, turned over edges 1143) with a central region and projecting arms which project from the central region at respective ends of the central region (figure 6, turned over edges 1143), and wherein the projecting arms of the first bracket are positioned around the projecting arms of the second bracket (figure 6, turned over edges 1143) and connected to the projecting arms of the second bracket in a materially bonded manner by a weld (page 4 lines 51-54), and wherein the weld is disposed on the projecting arms of the first bracket (page 4 lines 51-54).
As to claim 19, modified Wang discloses the battery cell assembly as disclosed within claim 10, and further discloses wherein a distance separating the projecting arms of the first bracket corresponds to a distance separating the projecting arms of the second bracket (figure 6, turned over edges 1143).
4. Claims 3, 11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN-102983302-A, disclosed in IDS mailed on 7 June 2024, machine translation is used for rejection below) and Jiang et al. (US-20230148174-A1, disclosed in IDS mailed on 7 June 2024) as applied to claim 1, and further in view of Sun et al. (CN-107240666-A, disclosed in IDS mailed on 7 June 2024, machine translation is used for rejection below).
As to claim 3, modified Wang discloses the battery cell assembly as disclosed within claim 1, however, Wang does not disclose wherein the projecting arms of the second bracket are bent towards each other.
Sun discloses a lithium battery assembly having brackets to connect batteries in series, wherein the projecting arms of the second bracket are bent towards each other (figure 4, hook legs 7) so that the arms of the second bracket of one battery will press against the first bracket of an additional battery (page 3 lines 5-8).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to additionally require that the arms of the bracket extending from the battery cell are bent towards each other so that the arms of the second bracket of one battery will press against the first bracket of an additional battery as disclosed within Sun.
As to claim 11, modified Wang discloses the battery cell assembly as disclosed within claim 10, and further discloses wherein the projecting arms comprise free ends (figure 6, turned over edges 1143). However, Wan does not disclose wherein the free ends of the projecting arms of the first bracket are curved and/or the free ends of the projecting arms of the second bracket are curved.
Sun discloses a lithium battery assembly having brackets to connect batteries in series, wherein the free ends of the projecting arms of the second bracket are curved (figure 4, hook legs 7) so that the projecting arms of the second bracket of one battery will press against the first bracket of an additional battery (page 3 lines 5-8).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to include that the free ends of the arms of the second bracket are curved so that the arms of the second bracket of one battery will press against the first bracket of an additional battery as disclosed within Sun.
As to claim 14, modified Wang discloses the battery cell assembly as disclosed within claim 10, and further discloses wherein the projecting arms comprise free ends (figure 6, turned over edges 1143) and wherein the free ends of the projecting arms of the first bracket are straight (figure 6, turned over edges 1143). However, Wang does not disclose where the free ends of the projecting arms of the second bracket are curved.
Sun discloses a lithium battery assembly having brackets to connect batteries in series, wherein the free ends of the projecting arms of the second bracket are curved (figure 4, hook legs 7) so that the projecting arms of the second bracket of one battery will press against the first bracket of an additional battery (page 3 lines 5-8).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to include that the free ends of the arms of the second bracket are curved so that the arms of the second bracket of one battery will press against the first bracket of an additional battery as disclosed within Sun.
As to claim 15, modified Wang discloses the battery cell assembly as disclosed within claim 14, however, Wang does not disclose wherein the curved free ends of the projecting arms of the second bracket are curved inwardly toward a longitudinal axis of the second battery cell.
Jiang discloses a battery assembly having multiple batteries connected together in series, wherein the curved free ends of the projecting arms of the second bracket are curved inwardly toward a longitudinal axis of the second battery cell (figure 11, plug portion 20561) to securely receive the projecting arm of an additional battery [0124].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to include that the curved free ends of the projecting arms of the second bracket are curved inwardly toward a longitudinal axis of the second battery cell to securely receive the projecting arm of an additional battery as disclosed within Jiang.
As to claim 16, modified Wang discloses the battery cell assembly as disclosed within claim 14, however, Wang does not disclose wherein the curved free ends of the projecting arms of the second bracket are curved outwardly and away from a longitudinal axis of the second battery cell.
Sun discloses a lithium battery assembly having brackets to connect batteries in series, wherein the curved free ends of the projecting arms of the second bracket are curved outwardly and away from a longitudinal axis of the second battery cell (figure 4, hook legs 7) so that the projecting arms of the second bracket of one battery will press against the first bracket of an additional battery (page 3 lines 5-8).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery cell assembly as disclosed within Wang to include that the curved free ends of the projecting arms of the second bracket are curved outwardly and away from a longitudinal axis of the second battery cell so that the arms of the second bracket of one battery will press against the first bracket of an additional battery as disclosed within Sun.
Response to Arguments
6. Applicant's arguments filed 17 July 2026 have been fully considered but they are not persuasive and are further moot because, in light of the amendment, a new ground of rejection is given in view of Jiang.
Conclusion
7. THIS ACTION IS MADE FINAL. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 5712721330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J.S./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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