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 § 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 2-3, 9-10, and 16-17 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.
Regarding claims 2-3, the claim each recite “The battery cell of claim 1, wherein the at least one side includes a first wall and a second wall opposite the first wall with the battery cell disposed between the first wall and the second wall”.
Further, claim 3 specifically goes on to recite “wherein the adhesive layer adheres to the electrode assembly to dispose…the second insulation apparatus between the battery cell and the second wall”.
It is unclear how “the battery cell” can be disposed between the first wall and the second wall or how the second insulation apparatus is between the battery cell and the second wall, when the first wall and the second wall are a part of “the at least one side”, which according to claim 1 of which claims 2-3 depends, is a part of the housing of the battery cell itself.
In order to advance prosecution, the Examiner is interpreting “the battery cell” recited after “The battery cell of claim 1” to mean “the electrode assembly” (in both claims 2-3) and “the battery cell” recited after “the second insulation apparatus” to mean “the electrode assembly” (in claim 3).
Given claim 4 depends from claim 3, it is rejected for the same reasons.
Regarding claims 9-10, the claim each recite “The battery cell of claim 8, wherein the at least one side includes a first wall and a second wall opposite the first wall with the battery cell disposed between the first wall and the second wall”.
Further, claim 10 specifically goes on to recite “wherein the adhesive layer adheres to the electrode assembly to dispose…the second insulation apparatus between the battery cell and the second wall”.
It is unclear how “the battery cell” can be disposed between the first wall and the second wall or how the second insulation apparatus is between the battery cell and the second wall, when the first wall and the second wall are a part of “the at least one side”, which according to claim 8 of which claims 9-10 depends, is a part of the housing of the battery cell itself.
In order to advance prosecution, the Examiner is interpreting “the battery cell” recited after “The battery cell of claim 8” to mean “the electrode assembly” (in both claims 9-10) and “the battery cell” recited after “the second insulation apparatus” to mean “the electrode assembly” (claim 10).
Given claim 11 depends from claim 10, it is rejected for the same reasons.
Regarding claims 16-17, the claim each recite “The battery cell of claim 15, wherein the at least one side includes a first wall and a second wall opposite the first wall with the battery cell disposed between the first wall and the second wall”.
Further, claim 17 specifically goes on to recite “wherein the adhesive layer adheres to the electrode assembly to dispose…the second insulation apparatus between the battery cell and the second wall”.
It is unclear how “the battery cell” can be disposed between the first wall and the second wall or how the second insulation apparatus is between the battery cell and the second wall, when the first wall and the second wall are a part of “the at least one side”, which according to claim 15 of which claims 16-17 depends, is a part of the housing of the battery cell itself.
In order to advance prosecution, the Examiner is interpreting “the battery cell” recited after “The battery cell of claim 15” to mean “the electrode assembly” (in both claims 16-17) and “the battery cell” recited after “the second insulation apparatus” to mean “the electrode assembly” (claim 17).
Given claim 18 depends from claim 17, it is rejected for the same reasons.
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.
Claims 1-2 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet).
Regarding claim 1, Kountz teaches a battery cell (jelly roll or prismatic battery cell 55 in Fig. 7; see entire disclosure and especially P13, 45), comprising:
a housing having at least one side and forming a chamber (in the case of jelly roll battery, can 6 in Fig. 6; in the case of prismatic battery cell, metal foil 56 in Fig. 7; see entire disclosure and especially P13, 43, 45-56);
an electrode assembly disposed within the chamber (in the case of jelly roll battery, jelly roll 20 in Fig. 6; in the case of prismatic battery cell, layers 58-62 in Fig. 7; see entire disclosure and especially P13, 43, 45-52); and
an insulation assembly disposed in the chamber between the electrode assembly and the at least one side of the housing (multilayer sheet 48 in Figs. 4-7; see entire disclosure and especially P42-43, 45, 54),
the insulation assembly including a heat absorbent material enclosed by a plastic cover (bottom film 50 and top film 52 form a chamber 54 filled with combustion abatement agent; see entire disclosure and especially P47, 67).
Kountz discloses the heat absorbent material can include a liquid material or a combination of a solid and liquid material (see entire disclosure and especially P15-16), however, Kountz does not disclose the heat absorbent material stores a non-flammable liquid therein.
In a similar field of endeavor, Kobe teaches a flame retardant article including an expanded polymeric foam (P9). Kobe teaches a foam article can include a sheet and at least one fire retardant substance interspersed throughout the foam sheet (P33). Kobe teaches fire retardants suitable for inclusion into the foam includes TCEP (tris(2-chloroethyl)phosphate) and TCPP (tris(2-chloroisopropyl)phosphate) (TCEP and TCPP are known to be liquid at room temperature, P46).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the heat absorbent material of Kountz with the polymeric foam sheet including TCEP or TCPP of Kobe or to have selected the heat absorbent material of Kountz to be the polymeric foam sheet including TCEP or TCPP of Kobe, given Kobe teaches the TCEP/TCPP-filled polymeric foam has flame retardant properties, the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.), and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, modified Kountz meets the limitation wherein the insulation assembly includes a heat absorbent material having a non-flammable liquid stored therein (polymeric foam sheet including TCEP or TCPP).
Kountz further discloses wherein the plastic cover is “breachable” by overheating in the form of melting (see entire disclosure and especially P12, 18, 42). This “breaching” would free the heat absorbent material of Kountz directly into the insides of the battery cell.
However, Kountz does not disclose wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature.
Xiaowei teaches lead-acid batteries experience side reactions in the electrolyte during use, leading to a gradual decrease in electrolyte level (P4). Xiaowei teaches after electrolyte loss, the battery can go into thermal runaway and overheat (P4).
To combat this issue, Xiaowei uses an automatic temperature-controlled liquid replenishment device including a heat-shrink bag made of heat-shrinkable plastic, a pressure relief valve, and supplemental electrolyte filled in the heat-shrink bag (P7, 13).
Xiaowei teaches that when the battery temperature rises due to lack of electrolyte, the temperature of the heat-shrink bag also increases (P13). Xiaowei teaches the rise in temperature causes the heat-shrink bag to shrink and increase the pressure (P13). Xiaowei teaches when the increase in pressure reaches a threshold amount, the pressure relief valve opens and allows the supplemental electrolyte to flow into the battery (P13). Xiaowei teaches the pressure relief valve allows for control of the temperature at which the heat-shrink bag opens (P13).
While Xiaowei’s device is utilized to replenish electrolyte in a lead-acid battery rather that introduce a heat absorbent material into the chamber of a battery cell, one of ordinary skill in the art would recognize how beneficial it would be to be able to strictly control the temperature at which the heat absorbent material of modified Kountz is released to the inside of the cell of modified Kountz in order to ensure the heat absorbent material and its non-flammable liquid do not prematurely contact the other materials in the battery cell.
If a technique has been used to improve one device (utilize a heat-shrinkable bag paired with a pressure relief valve to release electrolyte liquid at a specified temperature during thermal runaway), and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way (utilize a heat-shrinkable bag paired with a pressure relief valve to release a heat absorbent material at a specified temperature during thermal runaway), using the technique is obvious unless its actual application is beyond his or her skill. SEE MPEP § 2141 (III) Rationale C, KSR v. Teleflex (Supreme Court 2007).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Xiaowei and modified the plastic cover of Kountz to be made of a heat-shrinkable plastic and include a pressure relief valve, given Xiaowei teaches a heat-shrinkable bag and pressure relief valve combination device allows a material in the bag to be released at a controlled temperature when the bag shrinks due to overheating.
Further, one of ordinary skill in the art would recognize that if the heat-shrinkable bag of Xiaowei is utilized with the polymeric foam sheet including TCEP or TCPP, the foam would be compressed with the shrinking of the heat-shrinkable bag and the flame retardant TCEP/TCPP itself would be introduced into the chamber via the pressure relief valve. Therefore, modified Kountz meets the limitation “wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature, thereby releasing the non-flammable liquid from the heat absorbent material into the chamber”.
Regarding the limitation “to reduce a flow of heat from outside of the housing to the electrode assembly”, this is an intended-use limitation. The plastic cover of modified Kountz shrinks and releases the non-flammable liquid from the heat absorbent material into the chamber of the battery cell. Given the non-flammable liquid is a flame retardant liquid, it would be capable of reducing a flow of heat from the outside of the housing to the electrode assembly. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 2, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53) and the insulation assembly includes a first insulation apparatus disposed between the electrode assembly and the first wall and a second insulation apparatus disposed between the electrode assembly and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
Regarding claim 6, Kountz discloses wherein the housing is in the form of a cylindrical tube, the electrode assembly is in the shape of a cylindrical electrode and disposed within the cylindrical tube, and the insulation assembly is disposed between the cylindrical tube and the cylindrical electrode (jelly roll 20 in can 6, wherein multilayer sheet 48 is between jelly roll 20 and can 6 in Fig. 6; see entire disclosure and especially P43).
Regarding claim 7, Kountz discloses wherein the housing includes a pouch film wrapped around the electrode assembly with the insulation assembly between the electrode assembly and the pouch film (metal foils 56 wrap around electrode assembly layers 58-62 in Fig. 7;there is a multilayer sheet 48 between a top portion of the layers 58-62 and metal foils 56 and a multilayer sheet 48 between a bottom portion of the layers 58-62 and metal foils 56 in Fig. 7; see entire disclosure and especially P53).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet) as applied to claim 1, further in view of Kang et al (US 20220093976 A1).
Regarding claim 3, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53), and wherein the insulation assembly includes a first insulation apparatus between the first wall and the electrode assembly and a second insulation apparatus between the battery cell and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
However, modified Kountz does not meet the limitation wherein the insulation assembly includes an adhesive layer having a first section that attaches to the first insulation apparatus to adhere the first insulation apparatus to the electrode assembly and a second section that attaches to the second insulation apparatus to adhere the second insulation apparatus to the electrode assembly.
In a similar field of endeavor, Kang teaches a flame resistant sheet can be attached to a side surface of a battery cell through an adhesive tape (P83).
While Kang teaches a flame resistant sheet attached to the side surface of a battery cell rather than a flame resistant sheet attached to a side surface of an electrode assembly, one of ordinary skill in the art would recognize that and adhesive tape is capable of attaching a plethora of structures together, whether they be structure outside of a battery cell or inside of a battery cell. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR, 550 U.S. at 416, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atl. & P. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950). (see MPEP § 2143, A.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Kang and provided an adhesive layer to adhere the first insulation apparatus to the electrode assembly and an adhesive layer to adhere the second insulation apparatus to the insulation assembly, such as using the adhesive tape as taught by Kang, given Kang teaches their adhesive tape can be used to attach two structures together.
Given the first insulation apparatus and second insulation apparatus are provided on opposite sides of the electrode assembly, there would be two adhesive layers/tapes in modified Kountz rather than a single adhesive layer/tape having two sections, a first section that goes between the first insulation apparatus and the electrode assembly, and a second section that goes between the second insulation apparatus and the electrode assembly. However, this is merely integrating the two adhesive layers/tapes of modified Kountz into a single adhesive layer/tape that wraps around the electrode assembly and provides itself between both the first insulation apparatus and the electrode assembly and the second insulation apparatus and the electrode assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have integrated the adhesive layers/tapes as claimed in order to, for example, reduce manufacturing time by removing the need to make double the amount of adhesive layers/tapes and attach double the amount of adhesive layers/tapes to the electrode assembly, because the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Regarding claim 4, modified Kountz meets the limitation wherein the adhesive layer includes a third section between the first section and the second section (given the first insulation apparatus and the second insulation apparatus are on opposite sides of the electrode assembly in Fig. 7, there would necessarily be a third section of the adhesive layer between the first section and second section to connect the two sections together). Given the entire adhesive layer is adhesive, the third section would adhere to the electrode assembly.
Further, while modified Kountz does not necessarily state the third section is at the “bottom” of the electrode assembly, the “bottom” of the electrode assembly in claim 4 is not specified in relation to any other structure of the battery cell (for example, in relationship to electrode tabs or other structures). Any side of the electrode assembly could be considered the “bottom” of the electrode assembly depending upon the orientation of the battery cell, and therefore, the third section can be considered at the “bottom” of the electrode assembly if the electrode assembly is oriented in a top-down fashion as seen in the Examiner’s interpretation below.
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Examiner’s Interpretation of modified Kountz utilizing an annotated Fig. 7 of Kountz
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet) as applied to claim 1, further in view of Cho et al (US 20180183117 A1) and Kim (KR100838822B1 using the provided machine English translation from Espacenet).
Regarding claim 5, modified Kountz does not meet the limitation wherein the heat absorbent material is made of metal hydroxide and the non-flammable liquid is an organic solvent.
Cho teaches triethyl phosphate as a liquid flame retardant (P62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Cho and substituted the non-flammable liquid (TCEP or TCPP) of modified Kountz with the triethyl phosphate of Cho, given both are flame retardant liquids, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.). Further, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
However, modified Kountz does not meet the limitation wherein the heat absorbent material is made of metal hydroxide.
Kim teaches a foamed expandable flame-retardant sheet with a composition containing a binder, graphite that expands by 40 to 300% at 100 to 200°C, a flame-retardant filled such as aluminum hydroxide or magnesium hydroxide, and an additive selected from a polysiloxane copolymer and a hydroxy functional group carboxylic acid ester system (P5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Cho and substituted the heat absorbent material (expanded polymeric foam) of modified Kountz with the foamed expandable flame-retardant sheet of Kim, given both foams are used for flame-retardant purposes, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.). Further, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
The claim does not require the heat absorbent material to be entirely made of metal hydroxide, therefore, the foamed expandable flame-retardant sheet of modified Kountz (via Kim) that is partially made of aluminum hydroxide or magnesium hydroxide would meet the limitation “wherein the heat absorbent material is made of metal hydroxide”.
Claims 8-9, 13-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet) in view of Seo et al (US 20060091855 A1).
Regarding claim 8, Kountz teaches a battery cell (jelly roll or prismatic battery cell 55 in Fig. 7; see entire disclosure and especially P13, 45), comprising:
a housing having at least one side and forming a chamber (in the case of jelly roll battery, can 6 in Fig. 6; in the case of prismatic battery cell, metal foil 56 in Fig. 7; see entire disclosure and especially P13, 43, 45-56);
an electrode assembly disposed within the chamber (in the case of jelly roll battery, jelly roll 20 in Fig. 6; in the case of prismatic battery cell, layers 58-62 in Fig. 7; see entire disclosure and especially P13, 43, 45-52); and
an insulation assembly disposed in the chamber between the electrode assembly and the at least one side of the housing (multilayer sheet 48 in Figs. 4-7; see entire disclosure and especially P42-43, 45, 54),
the insulation assembly including a heat absorbent material enclosed by a plastic cover (bottom film 50 and top film 52 form a chamber 54 filled with combustion abatement agent; see entire disclosure and especially P47, 67).
Kountz discloses the heat absorbent material can include a liquid material or a combination of a solid and liquid material (see entire disclosure and especially P15-16), however, Kountz does not disclose the heat absorbent material stores a non-flammable liquid therein.
In a similar field of endeavor, Kobe teaches a flame retardant article including an expanded polymeric foam (P9). Kobe teaches a foam article can include a sheet and at least one fire retardant substance interspersed throughout the foam sheet (P33). Kobe teaches fire retardants suitable for inclusion into the foam includes TCEP (tris(2-chloroethyl)phosphate) and TCPP (tris(2-chloroisopropyl)phosphate) (TCEP and TCPP are known to be liquid at room temperature, P46).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the heat absorbent material of Kountz with the polymeric foam sheet including TCEP or TCPP of Kobe or to have selected the heat absorbent material of Kountz to be the polymeric foam sheet including TCEP or TCPP of Kobe, given Kobe teaches the TCEP/TCPP-filled polymeric foam has flame retardant properties, the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.), and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, modified Kountz meets the limitation wherein the insulation assembly includes a heat absorbent material having a non-flammable liquid stored therein (polymeric foam sheet including TCEP or TCPP).
Kountz further discloses wherein the plastic cover is “breachable” by overheating in the form of melting (see entire disclosure and especially P12, 18, 42). This “breaching” would free the heat absorbent material of Kountz directly into the insides of the battery cell.
However, Kountz does not disclose wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature.
Xiaowei teaches lead-acid batteries experience side reactions in the electrolyte during use, leading to a gradual decrease in electrolyte level (P4). Xiaowei teaches after electrolyte loss, the battery can go into thermal runaway and overheat (P4).
To combat this issue, Xiaowei uses an automatic temperature-controlled liquid replenishment device including a heat-shrink bag made of heat-shrinkable plastic, a pressure relief valve, and supplemental electrolyte filled in the heat-shrink bag (P7, 13).
Xiaowei teaches that when the battery temperature rises due to lack of electrolyte, the temperature of the heat-shrink bag also increases (P13). Xiaowei teaches the rise in temperature causes the heat-shrink bag to shrink and increase the pressure (P13). Xiaowei teaches when the increase in pressure reaches a threshold amount, the pressure relief valve opens and allows the supplemental electrolyte to flow into the battery (P13). Xiaowei teaches the pressure relief valve allows for control of the temperature at which the heat-shrink bag opens (P13).
While Xiaowei’s device is utilized to replenish electrolyte in a lead-acid battery rather that introduce a heat absorbent material into the chamber of a battery cell, one of ordinary skill in the art would recognize how beneficial it would be to be able to strictly control the temperature at which the heat absorbent material of modified Kountz is released to the inside of the cell of modified Kountz in order to ensure the heat absorbent material and its non-flammable liquid do not prematurely contact the other materials in the battery cell.
If a technique has been used to improve one device (utilize a heat-shrinkable bag paired with a pressure relief valve to release electrolyte liquid at a specified temperature during thermal runaway), and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way (utilize a heat-shrinkable bag paired with a pressure relief valve to release a heat absorbent material at a specified temperature during thermal runaway), using the technique is obvious unless its actual application is beyond his or her skill. SEE MPEP § 2141 (III) Rationale C, KSR v. Teleflex (Supreme Court 2007).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Xiaowei and modified the plastic cover of Kountz to be made of a heat-shrinkable plastic and include a pressure relief valve, given Xiaowei teaches a heat-shrinkable bag and pressure relief valve combination device allows a material in the bag to be released at a controlled temperature when the bag shrinks due to overheating.
Further, one of ordinary skill in the art would recognize that if the heat-shrinkable bag of Xiaowei is utilized with the polymeric foam sheet including TCEP or TCPP, the foam would be compressed with the shrinking of the heat-shrinkable bag and the flame retardant TCEP/TCPP itself would be introduced into the chamber via the pressure relief valve. Therefore, modified Kountz meets the limitation “wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature, thereby releasing the non-flammable liquid from the heat absorbent material into the chamber”.
However, modified Kountz does not meet the limitation wherein their battery cell is used within a battery pack for an electrical system.
In a similar field of endeavor, Seo teaches battery modules are formed by connecting a plurality of battery cells (P5). Seo teaches battery modules are mainly used as power sources for motors of hybrid electric vehicles (HEV), electrical vehicles (EV), etc. (P5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Seo and provided the battery cell of modified Kountz to be used within a battery module of an electric vehicle, given Seo teaches battery modules including battery cells can be used as power sources for motors of electric vehicles.
Regarding the limitation “to reduce a flow of heat from outside of the housing to the electrode assembly”, this is an intended-use limitation. The plastic cover of modified Kountz shrinks and releases the non-flammable liquid from the heat absorbent material into the chamber of the battery cell. Given the non-flammable liquid is a flame retardant liquid, it would be capable of reducing a flow of heat from the outside of the housing to the electrode assembly. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 9, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53) and the insulation assembly includes a first insulation apparatus disposed between the electrode assembly and the first wall and a second insulation apparatus disposed between the electrode assembly and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
Regarding claim 13, Kountz discloses wherein the housing is in the form of a cylindrical tube, the electrode assembly is in the shape of a cylindrical electrode and disposed within the cylindrical tube, and the insulation assembly is disposed between the cylindrical tube and the cylindrical electrode (jelly roll 20 in can 6, wherein multilayer sheet 48 is between jelly roll 20 and can 6 in Fig. 6; see entire disclosure and especially P43).
Regarding claim 14, Kountz discloses wherein the housing includes a pouch film wrapped around the electrode assembly with the insulation assembly between the electrode assembly and the pouch film (metal foils 56 wrap around electrode assembly layers 58-62 in Fig. 7;there is a multilayer sheet 48 between a top portion of the layers 58-62 and metal foils 56 and a multilayer sheet 48 between a bottom portion of the layers 58-62 and metal foils 56 in Fig. 7; see entire disclosure and especially P53).
Regarding claim 15, Kountz teaches a battery cell (jelly roll or prismatic battery cell 55 in Fig. 7; see entire disclosure and especially P13, 45), comprising:
a housing having at least one side and forming a chamber (in the case of jelly roll battery, can 6 in Fig. 6; in the case of prismatic battery cell, metal foil 56 in Fig. 7; see entire disclosure and especially P13, 43, 45-56);
an electrode assembly disposed within the chamber (in the case of jelly roll battery, jelly roll 20 in Fig. 6; in the case of prismatic battery cell, layers 58-62 in Fig. 7; see entire disclosure and especially P13, 43, 45-52); and
an insulation assembly disposed in the chamber between the electrode assembly and the at least one side of the housing (multilayer sheet 48 in Figs. 4-7; see entire disclosure and especially P42-43, 45, 54),
the insulation assembly including a heat absorbent material enclosed by a plastic cover (bottom film 50 and top film 52 form a chamber 54 filled with combustion abatement agent; see entire disclosure and especially P47, 67).
Kountz discloses the heat absorbent material can include a liquid material or a combination of a solid and liquid material (see entire disclosure and especially P15-16), however, Kountz does not disclose the heat absorbent material stores a non-flammable liquid therein.
In a similar field of endeavor, Kobe teaches a flame retardant article including an expanded polymeric foam (P9). Kobe teaches a foam article can include a sheet and at least one fire retardant substance interspersed throughout the foam sheet (P33). Kobe teaches fire retardants suitable for inclusion into the foam includes TCEP (tris(2-chloroethyl)phosphate) and TCPP (tris(2-chloroisopropyl)phosphate) (TCEP and TCPP are known to be liquid at room temperature, P46).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the heat absorbent material of Kountz with the polymeric foam sheet including TCEP or TCPP of Kobe or to have selected the heat absorbent material of Kountz to be the polymeric foam sheet including TCEP or TCPP of Kobe, given Kobe teaches the TCEP/TCPP-filled polymeric foam has flame retardant properties, the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.), and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, modified Kountz meets the limitation wherein the insulation assembly includes a heat absorbent material having a non-flammable liquid stored therein (polymeric foam sheet including TCEP or TCPP).
Kountz further discloses wherein the plastic cover is “breachable” by overheating in the form of melting (see entire disclosure and especially P12, 18, 42). This “breaching” would free the heat absorbent material of Kountz directly into the insides of the battery cell.
However, Kountz does not disclose wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature.
Xiaowei teaches lead-acid batteries experience side reactions in the electrolyte during use, leading to a gradual decrease in electrolyte level (P4). Xiaowei teaches after electrolyte loss, the battery can go into thermal runaway and overheat (P4).
To combat this issue, Xiaowei uses an automatic temperature-controlled liquid replenishment device including a heat-shrink bag made of heat-shrinkable plastic, a pressure relief valve, and supplemental electrolyte filled in the heat-shrink bag (P7, 13).
Xiaowei teaches that when the battery temperature rises due to lack of electrolyte, the temperature of the heat-shrink bag also increases (P13). Xiaowei teaches the rise in temperature causes the heat-shrink bag to shrink and increase the pressure (P13). Xiaowei teaches when the increase in pressure reaches a threshold amount, the pressure relief valve opens and allows the supplemental electrolyte to flow into the battery (P13). Xiaowei teaches the pressure relief valve allows for control of the temperature at which the heat-shrink bag opens (P13).
While Xiaowei’s device is utilized to replenish electrolyte in a lead-acid battery rather that introduce a heat absorbent material into the chamber of a battery cell, one of ordinary skill in the art would recognize how beneficial it would be to be able to strictly control the temperature at which the heat absorbent material of modified Kountz is released to the inside of the cell of modified Kountz in order to ensure the heat absorbent material and its non-flammable liquid do not prematurely contact the other materials in the battery cell.
If a technique has been used to improve one device (utilize a heat-shrinkable bag paired with a pressure relief valve to release electrolyte liquid at a specified temperature during thermal runaway), and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way (utilize a heat-shrinkable bag paired with a pressure relief valve to release a heat absorbent material at a specified temperature during thermal runaway), using the technique is obvious unless its actual application is beyond his or her skill. SEE MPEP § 2141 (III) Rationale C, KSR v. Teleflex (Supreme Court 2007).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Xiaowei and modified the plastic cover of Kountz to be made of a heat-shrinkable plastic and include a pressure relief valve, given Xiaowei teaches a heat-shrinkable bag and pressure relief valve combination device allows a material in the bag to be released at a controlled temperature when the bag shrinks due to overheating.
Further, one of ordinary skill in the art would recognize that if the heat-shrinkable bag of Xiaowei is utilized with the polymeric foam sheet including TCEP or TCPP, the foam would be compressed with the shrinking of the heat-shrinkable bag and the flame retardant TCEP/TCPP itself would be introduced into the chamber via the pressure relief valve. Therefore, modified Kountz meets the limitation “wherein the plastic cover is configured to shrink when a temperature of the plastic cover is above a threshold temperature, thereby releasing the non-flammable liquid from the heat absorbent material into the chamber”.
However, modified Kountz does not meet the limitation wherein their battery cell is used within a battery pack inside an electrical system.
In a similar field of endeavor, Seo teaches battery modules are formed by connecting a plurality of battery cells (P5). Seo teaches battery modules are mainly used as power sources for motors of hybrid electric vehicles (HEV), electrical vehicles (EV), etc. (P5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Seo and provided the battery cell of modified Kountz to be used within a battery module of an electric vehicle, given Seo teaches battery modules including battery cells can be used as power sources for motors of electric vehicles.
Regarding the limitation “to reduce a flow of heat from outside of the housing to the electrode assembly”, this is an intended-use limitation. The plastic cover of modified Kountz shrinks and releases the non-flammable liquid from the heat absorbent material into the chamber of the battery cell. Given the non-flammable liquid is a flame retardant liquid, it would be capable of reducing a flow of heat from the outside of the housing to the electrode assembly. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 16, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53) and the insulation assembly includes a first insulation apparatus disposed between the electrode assembly and the first wall and a second insulation apparatus disposed between the electrode assembly and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
Regarding claim 20, modified Kountz meets the limitation wherein the electrical system is one of: (i) an energy storage system; (ii) an electric vehicle; (iii) a component of a vehicle; (iv) a locomotive; and (v) a marine vehicle (electric vehicle, see the rejection of claim 15).
Claims 10-11 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet) in view of Seo et al (US 20060091855 A1) as applied to claims 8 and 15 respectively, further in view of Kang et al (US 20220093976 A1).
Regarding claim 10, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53), and wherein the insulation assembly includes a first insulation apparatus between the first wall and the electrode assembly and a second insulation apparatus between the battery cell and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
However, modified Kountz does not meet the limitation wherein the insulation assembly includes an adhesive layer having a first section that attaches to the first insulation apparatus to adhere the first insulation apparatus to the electrode assembly and a second section that attaches to the second insulation apparatus to adhere the second insulation apparatus to the electrode assembly.
In a similar field of endeavor, Kang teaches a flame resistant sheet can be attached to a side surface of a battery cell through an adhesive tape (P83).
While Kang teaches a flame resistant sheet attached to the side surface of a battery cell rather than a flame resistant sheet attached to a side surface of an electrode assembly, one of ordinary skill in the art would recognize that and adhesive tape is capable of attaching a plethora of structures together, whether they be structure outside of a battery cell or inside of a battery cell. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR, 550 U.S. at 416, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atl. & P. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950). (see MPEP § 2143, A.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Kang and provided an adhesive layer to adhere the first insulation apparatus to the electrode assembly and an adhesive layer to adhere the second insulation apparatus to the insulation assembly, such as using the adhesive tape as taught by Kang, given Kang teaches their adhesive tape can be used to attach two structures together.
Given the first insulation apparatus and second insulation apparatus are provided on opposite sides of the electrode assembly, there would be two adhesive layers/tapes in modified Kountz rather than a single adhesive layer/tape having two sections, a first section that goes between the first insulation apparatus and the electrode assembly, and a second section that goes between the second insulation apparatus and the electrode assembly. However, this is merely integrating the two adhesive layers/tapes of modified Kountz into a single adhesive layer/tape that wraps around the electrode assembly and provides itself between both the first insulation apparatus and the electrode assembly and the second insulation apparatus and the electrode assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have integrated the adhesive layers/tapes as claimed in order to, for example, reduce manufacturing time by removing the need to make double the amount of adhesive layers/tapes and attach double the amount of adhesive layers/tapes to the electrode assembly, because the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Regarding claim 11, modified Kountz meets the limitation wherein the adhesive layer includes a third section between the first section and the second section (given the first insulation apparatus and the second insulation apparatus are on opposite sides of the electrode assembly in Fig. 7, there would necessarily be a third section of the adhesive layer between the first section and second section to connect the two sections together). Given the entire adhesive layer is adhesive, the third section would adhere to the electrode assembly.
Further, while modified Kountz does not necessarily state the third section is at the “bottom” of the electrode assembly, the “bottom” of the electrode assembly in claim 4 is not specified in relation to any other structure of the battery cell (for example, in relationship to electrode tabs or other structures). Any side of the electrode assembly could be considered the “bottom” of the electrode assembly depending upon the orientation of the battery cell, and therefore, the third section can be considered at the “bottom” of the electrode assembly if the electrode assembly is oriented in a top-down fashion as seen in the Examiner’s interpretation below.
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Examiner’s Interpretation of modified Kountz utilizing an annotated Fig. 7 of Kountz
Regarding claim 17, Kountz discloses wherein the at least one side includes a first wall and a second wall opposite the first wall with the electrode assembly disposed between the first wall and the second wall (in the case of a prismatic battery, the first wall can be drawn to the top metal foil 56 and the second wall can be drawn to the bottom metal foil 56 in Fig. 7; see entire disclosure and especially P13, 45-46, 53), and wherein the insulation assembly includes a first insulation apparatus between the first wall and the electrode assembly and a second insulation apparatus between the battery cell and the second wall (in the case of a prismatic battery, the first insulation apparatus can be drawn to the multilayer sheet 48 between the top metal foil 56 and the layers 58-62 and the second insulation apparatus can be drawn to the multilayer sheet 48 between the bottom metal foil 56 and the layers 58-62 in Fig. 7).
However, modified Kountz does not meet the limitation wherein the insulation assembly includes an adhesive layer having a first section that attaches to the first insulation apparatus to adhere the first insulation apparatus to the electrode assembly and a second section that attaches to the second insulation apparatus to adhere the second insulation apparatus to the electrode assembly.
In a similar field of endeavor, Kang teaches a flame resistant sheet can be attached to a side surface of a battery cell through an adhesive tape (P83).
While Kang teaches a flame resistant sheet attached to the side surface of a battery cell rather than a flame resistant sheet attached to a side surface of an electrode assembly, one of ordinary skill in the art would recognize that and adhesive tape is capable of attaching a plethora of structures together, whether they be structure outside of a battery cell or inside of a battery cell. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR, 550 U.S. at 416, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atl. & P. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950). (see MPEP § 2143, A.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Kang and provided an adhesive layer to adhere the first insulation apparatus to the electrode assembly and an adhesive layer to adhere the second insulation apparatus to the insulation assembly, such as using the adhesive tape as taught by Kang, given Kang teaches their adhesive tape can be used to attach two structures together.
Given the first insulation apparatus and second insulation apparatus are provided on opposite sides of the electrode assembly, there would be two adhesive layers/tapes in modified Kountz rather than a single adhesive layer/tape having two sections, a first section that goes between the first insulation apparatus and the electrode assembly, and a second section that goes between the second insulation apparatus and the electrode assembly. However, this is merely integrating the two adhesive layers/tapes of modified Kountz into a single adhesive layer/tape that wraps around the electrode assembly and provides itself between both the first insulation apparatus and the electrode assembly and the second insulation apparatus and the electrode assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have integrated the adhesive layers/tapes as claimed in order to, for example, reduce manufacturing time by removing the need to make double the amount of adhesive layers/tapes and attach double the amount of adhesive layers/tapes to the electrode assembly, because the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Regarding claim 18, modified Kountz meets the limitation wherein the adhesive layer includes a third section between the first section and the second section (given the first insulation apparatus and the second insulation apparatus are on opposite sides of the electrode assembly in Fig. 7, there would necessarily be a third section of the adhesive layer between the first section and second section to connect the two sections together). Given the entire adhesive layer is adhesive, the third section would adhere to the electrode assembly.
Further, while modified Kountz does not necessarily state the third section is at the “bottom” of the electrode assembly, the “bottom” of the electrode assembly in claim 4 is not specified in relation to any other structure of the battery cell (for example, in relationship to electrode tabs or other structures). Any side of the electrode assembly could be considered the “bottom” of the electrode assembly depending upon the orientation of the battery cell, and therefore, the third section can be considered at the “bottom” of the electrode assembly if the electrode assembly is oriented in a top-down fashion as seen in the Examiner’s interpretation below.
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Examiner’s Interpretation of modified Kountz utilizing an annotated Fig. 7 of Kountz
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kountz et al (US 20160365553 A1) in view of Kobe et al (US 20030175497 A1) in view of Xiaowei (CN201146212Y, using the provided machine English translation from Espacenet) in view of Seo et al (US 20060091855 A1) as applied to claims 8 and 15 respectively, further in view of Cho et al (US 20180183117 A1) and Kim (KR100838822B1 using the provided machine English translation from Espacenet).
Regarding claims 12 and 19, modified Kountz does not meet the limitation wherein the heat absorbent material is made of metal hydroxide and the non-flammable liquid is an organic solvent.
Cho teaches triethyl phosphate as a liquid flame retardant (P62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Cho and substituted the non-flammable liquid (TCEP or TCPP) of modified Kountz with the triethyl phosphate of Cho, given both are flame retardant liquids, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.). Further, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
However, modified Kountz does not meet the limitation wherein the heat absorbent material is made of metal hydroxide.
Kim teaches a foamed expandable flame-retardant sheet with a composition containing a binder, graphite that expands by 40 to 300% at 100 to 200°C, a flame-retardant filled such as aluminum hydroxide or magnesium hydroxide, and an additive selected from a polysiloxane copolymer and a hydroxy functional group carboxylic acid ester system (P5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Cho and substituted the heat absorbent material (expanded polymeric foam) of modified Kountz with the foamed expandable flame-retardant sheet of Kim, given both foams are used for flame-retardant purposes, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.). Further, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
The claim does not require the heat absorbent material to be entirely made of metal hydroxide, therefore, the foamed expandable flame-retardant sheet of modified Kountz (via Kim) that is partially made of aluminum hydroxide or magnesium hydroxide would meet the limitation “wherein the heat absorbent material is made of metal hydroxide”.
Conclusion
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/MARY GRACE HARRIS/Examiner, Art Unit 1729
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