DETAILED ACTION
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Delete “)” in line 10 after cell in claim 1.
It appears that lines 1-2 of claim 14 should recite “wherein .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7-8 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 recites “the plurality of battery cells comprise at least one second battery cell”. However, claim 1 already recites “a plurality of battery cells, comprising first battery cells and secondary battery cells”. Additionally, claim 5 recites “the first battery cell and the second battery cell”. Therefore, the limitation of claim 7 in lines 2-3 reciting “the plurality of battery cells comprise at least one secondary battery cell” fails to further limit the claims.
Claim 8 is rejected for being dependent upon a rejected base claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20120164490 A1 (Itoi ‘490).
Regarding claim 1, Itoi ‘490 teaches a battery (a battery module 200; [0072]) comprising:
a plurality of battery cells (a plurality of cells 100; [0072] & Fig. 6), comprising first battery cells and second battery cells (cells 100 b and cells 100 a; [0073] & Fig. 6), wherein a pressure relief mechanism is provided on both a first wall of the first battery cell (a vent 8 a provided on the lower first wall of cell 100 b; [0074] & Fig. 6) and a second wall of the second battery cell (a vent 8 a provided on the upper second wall of cell 100 a; [0074] & Fig. 6), and the pressure relief mechanism is configured to be actuated when internal pressure or temperature of the battery cell provided with the pressure relief mechanism reaches a threshold, to relieve the internal pressure (the cell 100 has a safety mechanism which release
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gas to outside the battery when the pressure in battery increases; [0043]); and
a thermal management component (exhaust duct 60; [0059] & Fig. 6), configured to accommodate fluid to regulate temperatures of the plurality of battery cells (a gas released form the vents 8 a of the cells 100 to the exhaust 60 is adiabatically expanded in the exhaust duct 60, thereby causing a decrease in temperature of the gas; [0059]), wherein the thermal management component is attached to the first wall of the first battery cell and a first wall of the second battery cell (the exhaust duct 60b in Fig. 6 is attached to the lower first wall of cell 100 b and the lower first wall of cell 100 a; [0074]), the first wall of the second battery cell is different from the second wall of the second battery cell (the lower first wall of cell 100 b is different from the lower first wall of cell 100 a, as the lower first wall of cell 100 a does not comprise a vent 8 a; Fig. 6), the thermal management component is provide with a pressure relief region at a position corresponding to the pressure relief mechanism of the first battery cell (each of the vents 8 a of the cells 100 b communicates with the exhaust duct 60 b; [0074] & Fig. 6), and the pressure relief region is used to discharge emissions from the first battery cell when the pressure relief mechanism of the first battery cell is actuated (gas released form the vents 8 a of the cells 100 b to the first space 61 b through the openings 30 a formed in the flat plate 30 is guided to the second space 62 b through the holes 40 a formed in the partition 40, and then is released to the outside of the case 20 through the release outlet 22; [0077] & Fig. 6).
Regarding claim 4, Itoi ‘490 teaches the battery according to claim 1, wherein an electrode terminal is provided on both a second wall of the first battery cell and the second wall of the second battery cell (vents 8 a of the cells 100 are formed in projections of the positive electrode terminals 8, but may be formed in the bottoms of the battery case 7 serving as the negative electrode terminals; [0070] & Fig. 1; as such, the upper second wall of cell 100 b serves as a negative electrode terminal and the lower second wall of cell 100 a is also serves as a negative electrode terminal); and the second wall of the first battery cell is a wall opposite to the first wall of the first battery cell (the upper second wall of the first battery cell 100 b is opposite the lower first wall of the first battery cell 100 b; Fig. 6), and the second wall of the second battery cell is a wall opposite the first wall of the second battery cell (the lower second wall of the cell 100 a is opposite the upper first wall of the cell 100 a; Fig. 6).
Regarding claims 5 and 6, Itoi ‘490 teaches the battery according to claim 1, wherein the first battery cell and the second battery cell satisfy at least one of the recited conditions.
The recited conditions of claim 5 are considered inherent properties to the claimed structure of claim 1, because Itoi ‘490 teaches the recited structure of claim 1.
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2114 I.).
Regarding claim 7, Itoi ‘490 teaches the battery according to claim 5, wherein the plurality of battery cells comprise at least one second battery cell, and a ratio of a quantity of the at least one second battery cell to a quantity of the plurality of battery cells ranges from 20% to 50% (the ratio of cells 100 a to 100 b shown in Fig. 6 is 50%).
Regarding claim 8, Itoi ‘490 teaches the battery according to claim 7, wherein the plurality of battery cells comprise a row of battery cells arranged in a first direction, and in the row of battery cells, one second battery cell follows every N first battery cells, wherein N is a positive integer, and N≤4 (the row of battery cells 100 alternates cells 100 a and 100 b in a first direction; Fig. 6).
Regarding claim 9, Itoi ‘490 teaches the battery according to claim 1, wherein the second battery cell is disposed on an edge region of the plurality of battery cells (cell 100 a is disposed on an edge region of the plurality of cells 100; Fig. 6).
Regarding claim 10, Itoi ‘490 teaches the battery according to claim 1, wherein the battery further comprises:
a collection chamber (first space 61 b; [0076] & Fig. 6), configured to collect the emission from the first battery cell when the pressure relief mechanism of the first battery cell is actuated (gas is released from the vents 8 a of the cells 100 to the first space 61 b; [0077 ^ Fig. 6); and
a buffer member, disposed in the collection chamber and configured to improved pressure-resistant strength of the collection chamber (partition 40; [0076 & Fig. 6).
Regarding claim 11, Itoi ‘490 teaches the battery according to claim 10, wherein the thermal management component is a wall of the collection chamber (exhaust duct 60 b is a wall below the first space 61b; Fig. 6), and the butter member is attached to a surface of the thermal management component away from the plurality of battery cells (partition 40 is attached to the exhaust duct 60 b away from the plurality of cells 100; Fig. 6).
Regarding claim 12, Itoi ‘490 teaches the battery according to claim 10, wherein the buffer member is provided with an opening (through holes 40 a are formed in the partition 40; [0076] & Fig. 6), wherein the opening is disposed opposite the pressure relief region in the thermal management component (the through holes 40 a are disposed below the first space 61 a opposite the vents 8 a; Fig. 6) and configured to allow passage of the emission from the first battery cell that pass through the pressure relief region (the first space 61 b communicates with the second space 62 b through the through holes 40a formed in the partition 40, allowing passage of gas released from the vents 8 a to be released to the outside; [0076] – [0077]).
Regarding claim 13, Itoi ‘490 teaches the battery according to claim 10, wherein the buffer member is provided with a gas channel, wherein the gas channel is configured to guide the emissions form the first battery cell out of the buffer member (the first space 61 b communicates with the second space 62 b through the through holes 40a formed in the partition 40, allowing passage of gas released from the vents 8 a of cells 100 b to be released to the outside; [0076] – [0077]).
Regarding claim 14, Itoi ‘490 teaches the battery according to claim 10, wherein the buffer member is provided at a position corresponding to the second battery cell (the first space 61 b and the partition 40 are provided below the cells 100; Fig. 6).
Regarding claim 15, Itoi ‘490 teaches the battery according to claim 10, wherein the buffer member is made of a porous energy absorbing material or a heat-preservation material (the partition 40 may be made of a material having a high thermal conductivity; [0067]).
Regarding claim 16, Itoi ‘490 teaches an electric apparatus comprising the battery according to claim 1, wherein the battery is configured to supply electric energy (battery packs in which a plurality of batteries are housed in a case are widely used as power sources for various equipment and vehicles; [0002]).
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.
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120164490 A1 (Itoi ‘490) in view of JP 2021048113 A (Kondo ‘113 – citing to the attached English translation).
Regarding claim 2, Itoi ‘490 teaches the battery according to claim 1, wherein the thermal management component comprises a flow channel for accommodating the fluid (the space formed between the partition 40 and the external plate 21 may be a flow path through which a refrigerant flows to more efficiently reduce the temperature of a gas in the second space 62; [0069]), but does not disclose wherein no flow channel is provided in the pressure relief region.
Kondo ‘113 discloses a battery pack comprising a battery module 10 containing multiple battery cells 2, a cooler 3, a heat transfer sheet 4, and a smoke exhaust path 7 ([0012]). A cell safety valve 2A is provided on the bottom of each battery cell 2 ([0013]). The heat transfer sheet 4 is in contact with at least a portion of the bottom surface of the battery cells 2 (the surface on which the cell safety valve 2A is provided) ([0013] & Fig. 1). The heat transfer sheet 4 has a notch 4A, wherein the position of the notch 4A corresponds to the position of the cell safety valve 2A ([0013] & Fig. 1). The cooler 3 contacts the surface on which the cell safety valve 2A is provided, via the heat transfer sheet 4 ([0014] & Fig. 1). The cooler 3 extends below the battery cells 2, and coolant flows through the cooler 3 to cool the battery cells 2 ([0014]) & Fig. 1). The cooler 3 has a partition wall 5 with a weak point 5A that melts when exposed to heat or develops a hole when exposed to pressure ([0014] & Fig. 1). The weak point 5A correspond to the position of the cell safety valve 2A and the notch 4A of the heat transfer sheet 4 ([0014] & Fig. 1).
The gas flows along the side of the cooler 3, which is installed within the exhaust gas path 7, wherein the gas temperature gradually decreases as the gas flows ([0020] & Fig. 1).
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Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the exhaust duct 60 b, corresponding to the thermal management component, as taught by Itoi ‘490, to include a flow channel for accommodating the fluid, wherein no flow channel is provided in the pressure relief region, because Kondo ‘113 discloses a cooler 3 for lowering the temperature of the exhaust gas that flows adjacent to the coolant flow channel of the cooler 3 through the exhaust gas path 7, the exhaust gas path 7 being separate from the coolant flow channel of the cooler 3, such that the temperature of the emissions may be further lowered by the thermal management duct.
Regarding claim 3, Itoi ‘490 teaches the battery according to claim 2, wherein the thermal management component is provided with the flow channel at a position corresponding to the first wall of the second battery cell (the modified exhaust duct 60 b of Itoi ‘490 with the cooler 3 of Kondo ‘113 having the coolant flow channel is disposed at a position corresponding to the lower first wall of the cell 100 a; Fig. 6 of Itoi ‘490).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120164490 A1 (Itoi ‘490).
Regarding claim 17, Itoi ‘490 teaches the recited structure of the battery in claim 17 (see claim 1 above reciting the same structure). Therefore, a method of preparing the battery having the same structure would have been obvious to a person of ordinary skill in the art at the time of filing in view of the assembled battery structure of Itoi ‘490.
Regarding claim 18, Itoi ‘490 teaches the recited structure of the battery in claim 18 (see claim 1 above). Therefore, an apparatus for preparing the battery having the same structure with a providing module and a mounting module configured to prepare the battery having the same structure would have been obvious to a person of ordinary skill in the art at the time of filing in view of the assembled battery structure taught of Itoi ‘490.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170040653 A1 (Morris ‘653) discloses a heat transfer system for transferring heat from at least one electrical cell, the heat transfer system comprising a generally planar and substantially flexible cooling bladder comprising an internal fluid channel, wherein the bladder is configured to be thermally coupled to an electrical connector, such as the terminal, of an electrical cell such that heat may be transferred from the electrical connector, or terminal, to said fluid channel (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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