DETAILED ACTION
Application 18/409,816, “BATTERY AND ELECTRICAL DEVICE”, was filed with the USPTO on 1/11/2024 and is a CON of PCT/CN2022/100760 filed on 6/23/2022.
This office action is in response to communication filed on 1/11/2024.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/11/2024, 4/16/2024, 8/28/2024, 1/8/2025, 4/4/2025, and 9/11/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 211 (see “the case 211” in lines 22 and 26 of page 21 of the specification filed on 1/11/2024). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
(All paragraph citations are based on the specification filed on 1/11/2024)
[0123]: line 21 of page 25: “the case 11”. However, “11” has been assigned to “a box body 11”, see [0107];
[0128]: lines 13-14 of page 27: “electric cavity 11a” appears to be “electrical cavity 11a”;
[0129]: line 16 of page 27: “a beam 133” appears to be a typo and it is not consistent with “a beam 113” throughout the specification;
[0183]: line 23 of page 43 “specifically, if the second first flow channel 1531” appears to be a typo as “first” should be removed. It appears to read “specifically, if the second flow channel 1531”;
[0199]: line 27 of page 48: “the plurality of third runners 1543” is not consistent with “third flow channel 1543” throughout the specification;
[0206]: lines 15-16 of page 51: “pressure relief structures 213” is not consistent with “pressure relief mechanisms 213” throughout the specification.
Appropriate correction is required.
Claim Objections
Claim 11 is objected to because the recitation “the electric cavity” should read “the electrical cavity”.
Claim 15 is objected to because the recitation “the two battery cells” should read “the two adjacent battery cells”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 11-18 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5 and 11-20 of copending Application No. 18/634,654 (hereinafter 654’). Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding Claim 1, 654’ teaches a battery, comprising:
a box body (box, see claim 1 of 654’), including an electrical cavity;
a battery cell, accommodated in the electrical cavity, a first wall of the battery cell being provided with a pressure relief mechanism (see claim 1 of 654’); and
a first passage (first pathway, see claim 1 of 654’) and a second passage (second pathway, see claim 1 of 654’), the first passage (first pathway, see claim 1 of 654’) and the second passage (second pathway, see claim 1 of 654’) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism when the pressure relief mechanism is actuated (see claim 1 of 654’);
wherein the first passage (first pathway, see claim 1 of 654’) is used to discharge the emissions discharged from the pressure relief mechanism into the electrical cavity, and the second passage (second pathway, see claim 1 of 654’) is used to discharge the emissions discharged from the pressure relief mechanism out of the electrical cavity (see claim 1 of 654’).
Regarding Claim 2, 654’ teaches wherein the electrical cavity comprises a second wall, and the first wall faces the second wall (claim 2 of 654’).
Regarding Claim 3, 654’ teaches wherein a first space (first gap, see claim 11 of 654’) is provided between the second wall and the first wall (between a surface of the second wall and the first wall, see claim 11 of 654’), and the first passage (first pathway, see claim 11 of 654’) includes the first space (first gap, see claim 11 of 654’).
Regarding Claim 4, 654’ teaches wherein the battery further comprises:
a connecting structure, the connecting structure being arranged between the first wall and the second wall, and the connecting structure being used to form at least part of the first passage (first pathway, see claim 12 of 654’) (claim 12 of 654’).
Regarding Claim 5, 654’ teaches wherein the connecting structure is provided with a first flow channel, and the first passage (first pathway, see claim 13 of 654’) includes the first flow channel (claim 13 of 654’).
Regarding Claim 11, 654’ teaches wherein the battery comprises:
a battery cell assembly (battery cell group, see claim 14 of 654’); the battery cell assembly (battery cell group, see claim 14 of 654’) includes a plurality of battery cells arranged along a first direction, the electric cavity includes a fourth wall (third wall, see claim 14 of 654’) intersecting with the second wall, a third space (second gap, see claim 14 of 654’) is provided between an end face of the battery cell assembly (battery cell group, see claim 14 of 654’) facing the fourth wall and the fourth wall (third wall, see claim 14 of 654’), and the first passage (first pathway, see claim 14 of 654’) includes the third space (second gap, see claim 14 of 654’) (claim 14 of 654’).
Regarding Claim 12, 654’ teaches wherein the battery further comprises:
a first spacing structure, arranged between the end face and the fourth wall (third wall, see claim 15 of 654’), the first spacing structure being used to form at least part of the first passage (first pathway, see claim 15 of 654’) (claim 15 of 654’).
Regarding Claim 13, 654’ teaches wherein the first spacing structure is provided with a second flow channel, and the first passage (first pathway, see claim 16 of 654’) includes the second flow channel (claim 16 of 654’).
Regarding Claim 14, 654’ teaches wherein the battery further comprises:
a second spacing structure, arranged between two adjacent battery cells, the second spacing structure being used to form at least part of the first passage (first pathway, see claim 17 of 654’) (claim 17 of 654’).
Regarding Claim 15, 654’ teaches wherein the second spacing structure is configured to be damaged (broken, see claim 17 of 654’) when the pressure relief mechanism is actuated, so that a fourth space (third gap, see claim 18 of 654’) is formed between the two battery cells, and the first passage (first pathway, see claim 18 of 654’) includes the fourth space (third gap, see claim 18 of 654’) (claim 18 of 654’).
Regarding Claim 16, 654’ teaches wherein the second spacing structure is provided with a third flow channel, and the first passage (first pathway, see claim 19 of 654’) includes the third flow channel (claim 19 of 654’).
Regarding Claim 17, 654’ teaches wherein the second wall is provided with a pressure relief region corresponding to the pressure relief mechanism, and the pressure relief region is used to form at least part of the second passage (second pathway, see claim 4 of 654’) (claim 4 of 654’).
Regarding Claim 18, 654’ teaches wherein the box body (box, see claim 5 of 654’) further comprises:
a collection cavity, used for collecting the emissions discharged through the second passage (second pathway, see claim 5 of 654’) when the pressure relief mechanism is actuated (see claim 5 of 654’).
Regarding Claim 20, 654’ teaches an electrical device (electrical device, see claim 20 of 654’), comprising:
the battery according to
a battery comprising:
a box body (box, see claim 1 of 654’), including an electrical cavity;
a battery cell, accommodated in the electrical cavity, a first wall of the battery cell being provided with a pressure relief mechanism (see claim 1 of 654’); and
a first passage (first pathway, see claim 1 of 654’) and a second passage (second pathway, see claim 1 of 654’), the first passage (first pathway, see claim 1 of 654’) and the second passage (second pathway, see claim 1 of 654’) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism when the pressure relief mechanism is actuated (see claim 1 of 654’);
wherein the first passage (first pathway, see claim 1 of 654’) is used to discharge the emissions discharged from the pressure relief mechanism into the electrical cavity, and the second passage (second pathway, see claim 1 of 654’) is used to discharge the emissions discharged from the pressure relief mechanism out of the electrical cavity (see claim 1 of 654’),
wherein the battery is configured to provide electric energy for the electrical device (claim 20 of 654’).
Claims 1 and 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 8-9, 12 and 20 of copending Application No. 18/595,453 (hereinafter 453’). Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding Claim 1, 453’ teaches a battery (battery, see claim 1 of 453’), comprising:
a box body, including an electrical cavity (see claim 2 of 453’);
a battery cell (battery cell, see claim 1 of 453’), accommodated in the electrical cavity (see claim 2 of 453’), a first wall (first wall, see claim 1 of 453’) of the battery cell being provided with a pressure relief mechanism (first pressure relief mechanism, see claim 1 of 453’); and
a first passage (first pathway, see claim 3 of 453’) and a second passage (second pathway, see claim 8 of 453’), the first passage (first pathway, see claim 3 of 453’) and the second passage (second pathway, see claim 8 of 453’) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism (first pressure relief mechanism, see claim 1 of 453’) when the pressure relief mechanism is actuated (“a discharge pathway configured to be capable of getting in communication with the interior of the battery cell via the first pressure relief mechanism when the first pressure relief mechanism is actuated”, see claim 1 of 453’; note: discharge pathway comprises the first pathway and second pathway, see claims 3 and 8 of 453’);
wherein the first passage (first pathway, see claim 3 of 453’) is used to discharge the emissions discharged from the pressure relief mechanism (first pressure relief mechanism, see claim 3 of 453’) into the electrical cavity (see claim 3 of 453’), and the second passage (second pathway, see claim 8 of 453’) is used to discharge the emissions discharged from the pressure relief mechanism (first pressure relief mechanism, see claim 8 of 453’) out of the electrical cavity (see claim 8 of 453’).
Regarding Claim 18, 453’ teaches wherein the box body further comprises:
a collection cavity, used for collecting the emissions discharged through the second passage (second pathway, see claim 9 of 453’) when the pressure relief mechanism (first pressure relief mechanism, see claim 9 of 453’) is actuated (claim 9 of 453’).
Regarding Claim 19, 453’ teaches wherein the battery further comprises:
an isolation component, configured to isolate the electrical cavity and the collection cavity (claim 12 of 453’).
Regarding Claim 20, 453’ teaches an electrical device (electrical device, see claim 20 of 453’), comprising:
the battery according to
a battery (battery, see claim 1 of 453’), comprising:
a box body, including an electrical cavity (see claim 2 of 453’);
a battery cell (battery cell, see claim 1 of 453’), accommodated in the electrical cavity (see claim 2 of 453’), a first wall (first wall, see claim 1 of 453’) of the battery cell being provided with a pressure relief mechanism (first pressure relief mechanism, see claim 1 of 453’); and
a first passage (first pathway, see claim 3 of 453’) and a second passage (second pathway, see claim 8 of 453’), the first passage (first pathway, see claim 3 of 453’) and the second passage (second pathway, see claim 8 of 453’) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism (first pressure relief mechanism, see claim 1 of 453’) when the pressure relief mechanism is actuated (“a discharge pathway configured to be capable of getting in communication with the interior of the battery cell via the first pressure relief mechanism when the first pressure relief mechanism is actuated”, see claim 1 of 453’; note: discharge pathway comprises the first pathway and second pathway, see claims 3 and 8 of 453’);
wherein the first passage (first pathway, see claim 3 of 453’) is used to discharge the emissions discharged from the pressure relief mechanism (first pressure relief mechanism, see claim 3 of 453’) into the electrical cavity (see claim 3 of 453’), and the second passage (second pathway, see claim 8 of 453’) is used to discharge the emissions discharged from the pressure relief mechanism (first pressure relief mechanism, see claim 8 of 453’) out of the electrical cavity (see claim 8 of 453’),
wherein the battery is configured to provide electric energy for the electrical device (claim 20 of 453’).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 1-20 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.
Claim 1 recites the limitation “the emissions” in line 10. There is insufficient antecedent basis for this limitation in the claim. To overcome the rejection, the Examiner suggests removing “the”. For examination purposes, the aforementioned limitation has been interpreted as “emissions”.
Claim 9 recites the limitation “the electrode terminal of the battery cell”. There is insufficient antecedent basis for this limitation in the claim. To overcome the rejection, the Examiner suggests changing “the” to “an”. For examination purposes, the aforementioned limitation has been interpreted as “an electrode terminal of the battery cell”.
Claims 2-20 are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
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.
(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 1-8, 11-17 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Wang et al. (WO 2021088570 A1, citations see machine translation).
Regarding Claim 1, Wang et al. teaches a battery (P, Figs 1 and 2), comprising:
a box body (1, Figs 1-5), including an electrical cavity (13/14, Fig. 4);
a battery cell (5, Figs 2, 3 and 9), accommodated in the electrical cavity (13/14, Fig. 4), a first wall (wall where 51 sits, see Fig. 2; also see first wall, Examiner’s Annotated Fig. 9) of the battery cell (5, Figs 2, 3 and 9) being provided with a pressure relief mechanism (51, see Figs 2 and 9); and
a first passage (six arrows counting from the top, Fig. 10) and a second passage (112, Fig. 5; also see bottom two arrows, Fig. 10), the first passage (six arrows counting from the top, Fig. 10) and the second passage (112, Fig. 5; also see bottom two arrows, Fig. 10) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism (51, see Figs 2 and 9) when the pressure relief mechanism is actuated (see Fig. 10);
wherein the first passage (six arrows counting from the top, Fig. 10) is used to discharge the emissions (gas, [0112]) discharged from the pressure relief mechanism (51, see Figs 2 and 9) into the electrical cavity (13/14, Fig. 4) (see [0112]), and the second passage (112, Fig. 5; also see bottom two arrows, Fig. 10) is used to discharge the emissions (gas, [0112]) discharged from the pressure relief mechanism (51, see Figs 2 and 9) out of the electrical cavity (discharge to outside of battery pack P, see [0112]).
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Regarding Claim 2, Wang et al. teaches wherein the electrical cavity (13/14, Fig. 4) comprises a second wall (132, Fig. 7; also see second wall, Examiner’s Annotated Fig. 9), and the first wall faces the second wall (see Examiner’s Annotated Fig. 9).
Regarding Claim 3, Wang et al. teaches wherein a first space (133, Fig. 9) is provided between the second wall (second wall, Examiner’s Annotated Fig. 9) and the first wall (first wall, Examiner’s Annotated Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the first space (133, Fig. 9).
Regarding Claim 4, Wang et al. teaches wherein the battery (P, Figs 1 and 2) further comprises:
a connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9), the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) being arranged between the first wall and the second wall (see Examiner’s Annotated Fig. 9), and the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) being used to form at least part of the first passage (six arrows counting from the top, Fig. 10).
Regarding Claim 5, Wang et al. teaches wherein the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) is provided with a first flow channel (133, Fig. 9; note: 133 is provided by the left side 132/15, see Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the first flow channel (133, Fig. 9).
Regarding Claim 6, Wang et al. teaches wherein the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) is configured to be damaged (15 is blown or melted, see [0088]) when the pressure relief mechanism (51, see Figs 2 and 9) is actuated (51 is burst, [0088]), so that a second space (134, Fig. 9) is formed (note: formed by the right side 15 blown or melted) between the first wall and the second wall (see Examiner’s Annotated Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the second space (134, Fig. 9).
Regarding Claim 7, Wang et al. teaches wherein the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) comprises a melting layer (the right side 15, Fig. 9) arranged between the first wall and the second wall (see Examiner’s Annotated Fig. 9), the melting layer (the right side 15, Fig. 9) is configured to be melted when the pressure relief mechanism is actuated (15 is blown or melted when 51 bursts, see [0088]), so that the second space (134, Fig. 9) is formed between the first wall and the second wall (see Examiner’s Annotated Fig. 9).
Regarding Claim 8, Wang et al. teaches wherein the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) is provided with an avoidance region (132a, Fig. 9) corresponding to the pressure relief mechanism (51, Fig. 9), and the avoidance region (132a, Fig. 9) is used to provide a deformation space for the pressure relief mechanism (51, Fig. 9) upon actuation (132a is the air exhaust outlet corresponding to 51, see [0097]).
Regarding Claim 11, Wang et al. teaches wherein the battery (P, Figs 1 and 2) comprises:
a battery cell assembly (3, Figs 3 and 8); the battery cell assembly (3, Figs 3 and 8) includes a plurality of battery cells (three 5, see Fig. 3) arranged along a first direction (Y, see Fig. 4), the electric cavity (13/14, Fig. 4) includes a fourth wall (131, Figs 7 and 9) intersecting (132 connected to two ends of 131, see [0091]) with the second wall (132, Fig. 7; also see second wall, Examiner’s Annotated Fig. 9), a third space (third space, see Examiner’s Annotated Fig. 10) is provided between an end face (end face, see Examiner’s Annotated Fig. 10) of the battery cell assembly (3, Figs 3 and 8) facing the fourth wall (end face facing end of 131, see Examiner’s Annotated Fig.10; end of 131 see Examiner’s Annotated Fig. 9) and the fourth wall (131, Figs 7 and 9), and the first passage (six arrows counting from the top, Fig. 10) includes the third space (third space, see Examiner’s Annotated Fig. 10).
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Regarding Claim 12, Wang et al. teaches wherein the battery (P, Figs 1 and 2) further comprises:
a first spacing structure (171, Fig. 9), arranged between the end face (end face, see Examiner’s Annotated Fig. 10) and the fourth wall (131, Figs 7 and 9), the first spacing structure (171, Fig. 9) being used to form at least part of the first passage (six arrows counting from the top, Fig. 10).
Regarding Claim 13, Wang et al. teaches wherein the first spacing structure (171, Fig. 9) is provided with a second flow channel (133, Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the second flow channel (133, Fig. 9).
Regarding Claim 14, Wang et al. teaches wherein the battery (P, Figs 1 and 2) further comprises:
a second spacing structure (15 on right side, see Fig. 9), arranged between two adjacent battery cells (5 and the other 5 on right side, see Fig. 9), the second spacing structure (15 on right side, see Fig. 9) being used to form at least part of the first passage (six arrows counting from the top, Fig. 10).
Regarding Claim 15, Wang et al. teaches wherein the second spacing structure (15 on right side, see Fig. 9) is configured to be damaged (blown or melted, see [0088]) when the pressure relief mechanism (51, Fig. 9) is actuated, so that a fourth space (space formed when 15 blown or melted so that 15 is disengaged from the blocking 132a, see [0088]) is formed between the two battery cells (5 and the other 5 on right side, see Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the fourth space (space formed when 15 blown or melted so that 15 is disengaged from the blocking 132a, see [0088]).
Regarding Claim 16, Wang et al. teaches wherein the second spacing structure (15 on right side, see Fig. 9) is provided with a third flow channel (134, Fig. 9), and the first passage (six arrows counting from the top, Fig. 10) includes the third flow channel (134, Fig. 9).
Regarding Claim 17, Wang et al. teaches wherein the second wall (132, Fig. 7; also see second wall, Examiner’s Annotated Fig. 9) is provided with a pressure relief region (the two arrows in the circle, see Examiner’s Annotated Fig. 10) corresponding to the pressure relief mechanism (51, Fig. 9), and the pressure relief region (the two arrows in the circle, see Examiner’s Annotated Fig. 10) is used to form at least part of the second passage (112, Fig. 5; also see bottom two arrows, Fig. 10) (the venting path (the bottom straight arrow in the circle) used to form half of the 112, see Examiner’s Annotated Fig. 10).
Regarding Claim 20, Wang et al. teaches an electrical device (Fig. 1; note: apparatus in Fig. 1 includes a vehicle, see [0077]), comprising:
the battery (P, Figs 1 and 2) comprising:
a box body (1, Figs 1-5), including an electrical cavity (13/14, Fig. 4);
a battery cell (5, Figs 2, 3 and 9), accommodated in the electrical cavity (13/14, Fig. 4), a first wall (wall where 51 sits, see Fig. 2; also see first wall, Examiner’s Annotated Fig. 9) of the battery cell (5, Figs 2, 3 and 9) being provided with a pressure relief mechanism (51, see Figs 2 and 9); and
a first passage (six arrows counting from the top, Fig. 10) and a second passage (112, Fig. 5; also see bottom two arrows, Fig. 10), the first passage (six arrows counting from the top, Fig. 10) and the second passage (112, Fig. 5; also see bottom two arrows, Fig. 10) being configured to be able to communicate with the inside of the battery cell through the pressure relief mechanism (51, see Figs 2 and 9) when the pressure relief mechanism is actuated (see Fig. 10);
wherein the first passage (six arrows counting from the top, Fig. 10) is used to discharge the emissions (gas, [0112]) discharged from the pressure relief mechanism (51, see Figs 2 and 9) into the electrical cavity (13/14, Fig. 4) (see [0112]), and the second passage (112, Fig. 5; also see bottom two arrows, Fig. 10) is used to discharge the emissions (gas, [0112]) discharged from the pressure relief mechanism (51, see Figs 2 and 9) out of the electrical cavity (discharge to outside of battery pack P, see [0112]),
wherein the battery (P, Figs 1 and 2) is configured to provide electric energy for the electrical device (electric energy is provided by the battery pack P, see [0077]).
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.
Claims 9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (WO 2021088570 A1, citations see machine translation) in view of Zeng et al. (CN 213026308 U, provided on IDS filed on 1/11/2024, citations see machine translation).
Regarding Claim 9, Wang et al. teaches wherein the connecting structure (132/15, 132 see Fig. 7 and 15 see Fig. 9) further comprises:
a blocking structure (blocking structure, see Examiner’s Annotated Fig. 9; also see the 132 on the left side of 13 in Fig. 7 and [0091]), arranged between the first wall and the second wall (see Examiner’s Annotated Fig. 9) and around the pressure relief mechanism (51, see Examiner’s Annotated Fig. 9). Note: Wang’s battery cell 5 appears to have electrode terminals (see the dark circles around 51 in Fig. 2) but electrode terminal is not discussed. For examination purposes, battery cell 5 is believed to have electrode terminals on the same wall of 51 (see Fig. 2).
However, Wang et al. does not teach the blocking structure being used to block the emissions discharged through the pressure relief mechanism from reaching the electrode terminal of the battery cell.
Zeng et al. teaches a blocking structure (13, Figs 6-7, 12 and 15) arranged between the first wall (21a, Figs 6 and 8c) and the second wall (132, Fig. 8c) and around the pressure relief mechanism (213, Figs 6 and 7), the blocking structure (13, Figs 6-7, 12 and 15) being used to block the emissions discharged through the pressure relief mechanism (213, Figs 6 and 7) from reaching the electrode terminal (electrode terminal 214, see [n0113]; note: 214 is on the second wall which is different from the first wall 21a, see [n0113]; the 214 in Fig. 5 is just one embodiment of one possible location of 214) of the battery cell (upper surface 13 attached to 12a, see [n0122]; 13 disrupted by emissions discharged from 20 when 213 actuated, so that the emissions pass through 13 into 11b, see [n0124] and [n0167]; 11b is isolated from 214 by 13, see Figs 12 and 15).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to change the location of electrode terminals taught by Wang et al. to be on a different wall of where pressure relief mechanism sits as taught by Zeng et al. to place the pressure relief mechanism 213 and the electrode terminal 214 on different walls of the battery cell 20, the discharge from the battery cell 20 can be further away from the electrode terminal 214 when the pressure relief mechanism 213 is actuated, thereby reducing the impact of the discharge on the electrode terminal 214 and the busbar component, thus enhancing the safety of the battery (see Zeng et al. [n0116]); and to modify the side plates and baffle plates taught by Wang et al. by adding the thermal management component and configuring it to have the upper surface of the thermal management component attached to the wall of pressure relief mechanism as taught by Zeng et al. to have emissions discharged from the battery cell when the pressure relief mechanism is actuated to pass through the thermal management component to move away from the battery and enter the collection chamber (see Zeng et al. [n0124], [n0125] and [n0167]).
Regarding Claim 18, Wang et al. does not teach wherein the box body further comprises: a collection cavity, used for collecting the emissions discharged through the second passage when the pressure relief mechanism is actuated.
Zeng et al. teaches wherein the box body (see Fig. 12) further comprises:
a collection cavity (11b, Fig. 12), used for collecting the emissions (emissions, see [n0165]) discharged through the second passage (path between 213 and 132, Fig. 8c) when the pressure relief mechanism (213 see Fig. 12) is actuated (see [n0165]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the first box body taught by Wang et al. by adding the thermal management component to form the collection cavity taught by Zeng et al. to collection emissions from the battery cell when the pressure relief mechanism is actuated (see Zeng et al. [n0165]).
Regarding Claim 19, Wang et al. in view of Zeng et al. teaches wherein the battery (P, Wang Figs 1 and 2) further comprises:
an isolation component (13, Zeng Fig. 12), configured to isolate the electrical cavity (13/14, Wang Fig. 4) and the collection cavity (11b, Zeng Fig. 12) (see Zeng [n0162]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (WO 2021088570 A1, citations see machine translation) in view of Zeng et al. (CN 213026308 U, provided on IDS filed on 1/11/2024, citations see machine translation, hereinafter Zeng308) in view of Zeng et al. (CN 112086605 A, citations see machine translation, hereinafter Zeng605).
Regarding Claim 10, Wang et al. in view of Zeng308 teaches wherein the electrode terminal (electrode terminal of Wang, see rejection above) is located on a third wall (a different wall than the first wall of Wang, see rejection above) of the battery cell (5, Wang Figs 2, 3 and 9), and the blocking structure (132/15 of Wang modified with the thermal management component 13 of Zeng308, see rejection above) is arranged on a side of the pressure relief mechanism (end face, see Examiner’s Annotated Fig. 10) close to the electrode terminal.
Wang et al. in view of Zeng308 does not teach third wall intersects with the first wall.
Zeng605 teaches the third wall (side surface of 3, [0115]; note: electrode terminal 32 sits on side surface of 3, [0115]) intersects (see Fig. 2; the upper surface and the side surface are perpendicular to each other, see [0115]) with the first wall (upper surface of 3, [0115]; note: pressure relief mechanism 33 sits on side surface of 3, [0115]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to change the location of electrode terminal taught by Wang et al. in view of Zeng308 to be on the surface/wall perpendicular to the surface/wall where pressure relief mechanism sits as taught by Zeng605 to have the electrode terminals 32 and the pressure relief mechanism 33 are located on two mutually perpendicular sides of the battery cell 3 which ensures that the fire extinguishing medium will not spray onto the electrode terminals 32 and the busbar, thereby ensuring safety during the fire extinguishing process (see Zeng605 [0115]).
Conclusion
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/NING CHEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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