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
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gunji et al. (“Gunji”, US 2012/0263999 A1).
Regarding claim 1, Gunji discloses a lithium-ion rechargeable battery module having a plurality of lithium-ion battery cells, arranged that battery cells located at a high temperature portion of the module are electrically connected in parallel with battery cells located at a low temperature portion of the module (abstract). The battery cells at the high temperature portion have a higher electric resistance at 20 degrees C. and a better high-temperature storage characteristic at 50 degrees C. than those of the battery cells located at the low temperature portion (abstract). Gunji teaches the higher resistance in those battery cells located at a high temperature portion of the module makes it harder for electric current to flow therethrough, causing more current to flow through other cells connected in parallel with them ([0039]). This reduces the amount of heat produced in the battery cells located at the high temperature portion and thereby minimizes a further temperature rise in the high temperature portion ([0039]). Figs. 5 and 7 show the different resistance and heat transfer rates of the cells.
Gunji teaches the lithium-ion rechargeable battery cells in the battery module of this invention can have basically the same construction as the conventional one ([0033]). For example, each of them may comprise a positive electrode, a negative electrode, and a separator sandwiched between the positive and negative electrodes and impregnated with an organic electrolyte ([0033]). The separate separates the positive and negative poles from each other to prevent a short-circuit and has pore through which lithium ions in the organic electrolyte pass ([0033]).
As to claim 2, Gunji does not teach the specific ratios claimed. However, based on the Gunji’s teachings in [0039], one of ordinary skill in the art would appreciate that the amount of heat produced is directly correlated with resistance and that optimizing resistance and heat transfer could be done through routine optimization.
As to claims 3-5, 7-8, 10, and 18-19, selecting the resistance, thermal conductivity, and capacity of components would be a matter of design choice.
As to claim 6, Fig. 3 depicts heat transfer rates of greater than 20 degrees per hour.
As to claims 9 and 20, the claimed current collector materials are well known in the art.
As to claims 11-16, determining the distribution of battery cells would be a matter of design choice. See, for example, Fig. 7. Furthermore, Ganji teaches series connections, parallel connections, and combination ([0038]).
As to claim 17, electrical devices powered by batteries are well known.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 5712705038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/ Primary Examiner, Art Unit 1746
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