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 § 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.
Claim 14 is 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 14 recites the limitation “the centerline along the length direction of the first battery cells in the first row of battery cells is substantially opposite to a side wall of one of the second battery cells in the second row of battery cells” in lines 3-5. It is not clear what “substantially opposite” means in regards to this claim, and the specification does not disclose what “substantially opposite” is in regards to the centerline. For examination purposes, the examiner has interpreted "substantially opposite” as “aligned”.
In addition, the term “substantially” in claim 14 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This renders the limitation "the centerline along the length direction of the first battery cells in the first row of battery cells is substantially opposite to a side wall of one of the second battery cells in the second row of battery cells” indefinite.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al (CN213150897U).
Regarding claim 1, Xu teaches a battery module, comprising at least two rows of battery cells stacked together along a width direction of the battery cells, wherein:
the at least two rows of battery cells comprise a first row of battery cells and a second row of battery cells that are adjacent to each other (See figure below);
the first row of battery cells and the second row of battery cells comprise a plurality of battery cells in total, wherein some of the battery cells in the plurality of battery cells have different lengths from the remaining battery cells (See figure below);
and along the width direction of the battery cells, a centerline along a length direction of at least one battery cell in the first row of battery cells is not collinear with a centerline along the length direction of at least one battery cell in the second row of battery cells (See figure below).
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Regarding claim 2, Xu teaches the battery module according to claim 1, wherein the first row of battery cells and the second row of battery cells have the same overall length, and an edge along the length direction of the first row of battery cells is flush with an edge along the length direction of the second row of battery cells (See figure below).
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Regarding claim 3, Xu teaches the battery module according to claim 1, wherein along the width direction of the battery cells, the centerline along the length direction of each battery cell in the first row of battery cells is not collinear with the centerline along the length direction of each battery cell in the second row of battery cells (See figure below).
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Regarding claim 4, Xu teaches the battery module according to claim 1, wherein the plurality of battery cells comprises first battery cells and second battery cells, and the first battery cells and the second battery cells have different lengths (See figure below).
Regarding claim 5, Xu teaches the battery module according to claim 4, wherein the first row of battery cells is composed of the first battery cells arranged along the length direction, and the second row of battery cells is composed of the second battery cells arranged along the length direction (See figure below).
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Regarding claim 6, Xu teaches the battery module according to claim 4, wherein the first row of battery cells is composed of the first battery cells arranged along the length direction, and the second row of battery cells is composed of the first battery cells and the second battery cells arranged along the length direction (See figure below).
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Regarding claim 9, Xu teaches the battery module according to claim 6, wherein the second row of battery cells comprises m layers of first battery cells arranged along the width direction of the battery cells and n layers of second battery cells arranged along the width direction of the battery cells, the m layers of first battery cells and the n layers of second battery cells are arranged along the length direction of the battery cells, m is different from n, and the m layers of first battery cells and the n layers of second battery cells have the same width.
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Regarding claim 10, Xu teaches the battery module according to claim 4, wherein the plurality of battery cells further comprise third battery cells of which the length is different from the lengths of both the first battery cells and the second battery cells, the first row of battery cells is composed of the third battery cells arranged along the length direction, the second row of battery cells comprises m layers of first battery cells arranged along the width direction of the battery cells and n layers of second battery cells arranged along the width direction of the battery cells, the m layers of first battery cells and the n layers of second battery cells are arranged along the length direction of the battery cells, m is different from n, and the m layers of first battery cells and the n layers of second battery cells have the same width (See figure below).
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Regarding claim 11, Xu teaches the battery module according to claim 1, further comprising a third row of battery cells adjacent to the second row of battery cells along the width direction, and an arrangement of the battery cells in the third row of battery cells is the same as an arrangement of the battery cells in the second row of battery cells or the first row of battery cells (See figure below).
Regarding claim 12, Xu teaches the battery module according to claim 11, wherein along the width direction of the battery cells, the battery module comprises multiple first rows of battery cells, second rows of battery cells, and third rows of battery cells arranged alternately (See figure below).
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Regarding claim 13, Xu teaches the battery module according to claim 1, wherein along the width direction of the battery cells, the battery module comprises multiple first rows of battery cells and second rows of battery cells arranged alternately (See figure below).
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Regarding claim 14, Xu teaches the battery module according to claim 1, wherein the length of the first battery cells is greater than the length of the second battery cells, and along the width direction of the battery cells, the centerline along the length direction of the first battery cells in the first row of battery cells is aligned to a side wall of one of the second battery cells in the second row of battery cells.
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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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of He et al. (CN 111009629 A, cited in the IDS)
Regarding claim 7, Xu teaches the battery module according to claim 4, wherein the first row of battery cells is composed of the first battery cells and the second battery cells arranged in a first order along the length direction, the second row of battery cells is composed of the first battery cells and the second battery cells arranged in a second order along the length direction (See figure below). Xu does not teach that the first order is different from the second order).
He et al, however, teaches of a battery module with batteries arranged in rows (Abstract). The batteries are staggered [0138].
It would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Xu battery module so that the batteries are staggered, meaning that instead of the second row battery order alternating between first battery and then second battery, it goes second battery and then first battery. Therefore, the first order and second order are different. This is because staggering the batteries further improves the strength of the entire battery pack (He et al. [0138]).
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Regarding claim 8, modified Xu teaches the battery module according to claim 7, wherein the first row of battery cells comprises m layers of first battery cells arranged along the width direction of the battery cells and n layers of second battery cells arranged along the width direction of the battery cells, the m layers of first battery cells and the n layers of second battery cells are arranged along the length direction of the battery cells, m is different from n, and the m layers of first battery cells and the n layers of second battery cells have the same width (See figure below).
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Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Li et al. (US 20230086688 A1).
Regarding claim 15, Xu teaches the battery module according to claim 1, but does not teach that a positive electrode active material of the first battery cells is different from a positive electrode active material of the second battery cells.
Li, however, teaches of a battery module including a plurality of battery cells arranged in the battery pack (Abstract). Li also teaches that a positive electrode active material of the first battery cells is different from a positive electrode active material of the second battery cells [0030].
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the battery module according to claim 1 to include batteries with different positive electrode active materials because the capacity of the first battery cell can be increased without significantly increasing the volume of the first battery cell, and the assembly of the battery pack can be facilitated (Li et al. [0031]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Chen et al. (CN 109841774, cited in the IDS).
Regarding claim 16, Xu teaches the battery module according to claim 1, but does not teach that it further comprises
two end plates disposed along the width direction and each comprising a first surface close to the battery cells and a second surface away from the battery cells, and along a vertical direction, the second surface comprising a middle portion and two inclined portions disposed on two sides of the middle portion and inclined from the middle portion towards the first surface.
Chen, however, teaches of battery module comprising a plurality of batteries (Abstract) that further comprises
two end plates disposed along the width direction (Col. 3, lines 34-35) and each comprising a first surface close to the battery cells, and a second surface away from the battery cells, and along a vertical direction, the second surface comprising a middle portion and two inclined portions disposed on two sides of the middle portion and inclined from the middle portion towards the first surface (See figure below).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Xu battery module so that it includes two plates at the ends of the battery module because the end plates can also reduce a risk that the external wall deforms outward under the expansion force of the battery, thereby reducing pressing of the mounting bolt caused by the deformation of the inner wall and thus improving the assembly reliability and stability of the battery module (Chen et al. Col 3, lines 7-13).
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Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. and Chen et al. as applied to claim 16 above, and further in view of Kim et al. (US 8054041 B2).
Regarding claim 17, modified Xu teaches the battery module according to claim 16, but does not specifically teach that the end plate further comprises two stopper portions, and each stopper portion is disposed on the side of the inclined portion away from the middle portion.
Kim, however, teaches of a battery module including a plurality of battery cells and end plates on the ends of the module (Abstract). Kim also teaches that the end plate further comprises two stopper portions, and each stopper portion is disposed on the side of the inclined portion away from the middle portion (Fig. 3, 22; Col. 4, line 67; Col 5, lines 1-3).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the modified Xu battery module so that the end plates include stopper portions because it allows bands to be securely fixed around the assembly of the end plates and the battery body without moving (Kim et al. Col. 4, line 67; Col 5, lines 1-3).
Regarding claim 18, modified Xu teaches the battery module according to claim 16, but does not teach that it further comprises a strap disposed on a periphery of the battery module, wherein one end of the strap is connected to the inclined portion on an upper side of one end plate, and the other end is connected to the inclined portion on a lower side of the other end plate.
Kim, however, does teach of a strap disposed on a periphery of the battery module, wherein one end of the strap is connected to the inclined portion on an upper side of one end plate, and the other end is connected to the inclined portion on a lower side of the other end plate.
Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to modify the modified Xu battery module to include straps connecting the two end plates because it fixes the two end plates together so they do not disconnect from the battery module (Kim et al. Col. 2, lines 8-11).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Chen et al. and Kim et al. as applied to claim 18 above, and further in view of Lee (US 20230198073 A1).
Regarding claim 19, further modified Xu teaches the battery module according to claim 18, but does not specifically teach that the strap is one of two straps disposed crosswise.
Lee, however, teaches of a battery module including a plurality of battery cells (Abstract) and a strap is one of two straps disposed crosswise (Fig. 7, 510a, [0069]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the further modified Xu battery module to make it so that the straps are disposed crosswise because it allows for more robust fixation (Lee [0069]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Takeda (US 20200411818 A1).
Regarding claim 20, Xu teaches the battery module according to claim 1, but does not specifically teach that it further comprises a buffer disposed between the adjacent first row of battery cells and second row of battery cells.
Takeda, however, teaches of a battery module comprising a plurality of batteries (Abstract) and a buffer disposed between the adjacent first row of battery cells and second row of battery cells (Fig 1, 30, [0014]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Xu battery to include a buffer between the rows of battery cells in order to prevent chain heat generation by suppressing an increase in temperature of the other batteries (Takeda [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xu
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVONNE WEI/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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