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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PCT/CN2022/070747, filed on January 7th, 2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112(b)
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 8, 19-20 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.
Regarding claim 8, the instant claim recites “a first bonding part and a second bonding part arranged continuously.” It is unclear what it meant by being “arranged continuously”, as the instant claim does not provide what direction in which the first and second bonding parts are arranged. Further, without an axis along which the first and second bonding parts are arranged, it is unclear if a continuous arrangement of the instant claim refers to the first and second bonding parts being connected such that there are no gaps or spaces between the first and second members or if the first bonding part is arranged to extend continuously in some direction and the second bonding part is arranged to extend continuously in some direction. For the purposes of examination, the latter interpretation is understood. Appropriate correction is required.
Regarding claims 19 and 20, the instant claims recite “the adhesive solidifies to form a bonding layer so as to form the isolator together with the substrate.” It is unclear if the adhesive must be in liquid form at application to form a bonding layer in order to solidify or if the adhesive bonds the substrate, isolator, and the first side plate into a solid unit. For the purposes of examination, the latter interpretation is understood. Appropriate correction is required.
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.
Claims 1, 11-12, 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (Chinese Patent No. 214254488 U) in view of Ioka (U.S. Patent Publication No. 20150017521 A1).
Regarding claim 1, Chen teaches a battery cell (Figures 2-4, Element 40), comprising:
a housing (Figure 4, Element 420) with an opening (Paragraph 74) at an end along a first direction (Y direction, Figure 4), wherein the housing comprises a first side plate (Figure 4, Element 421) (Paragraph 79).
Chen teaches an electrode assembly (Figure 6, Element 410) accommodated in the housing (Paragraph 74).
Chen teaches an end cover (Figure 4, Element 430) for covering the opening (Paragraph 74).
Chen teaches an isolator (Figure 15, Element 450), which is arranged between the first side plate and the electrode assembly (Paragraph 98). Chen teaches the isolator (Figure 12, Element 450) attached to the first side plate (Figure 12, Element 421).
Chen is silent as to the first side plate having a first plate body and a second plate body arranged along a second direction, the first plate body and the second plate body are welded to form a welding part extending to the opening, and the second direction is perpendicular to the first direction.
In the disclosure, Chen teaches the housing including two first side plates facing each other and two second side plates facing each other, which are used to define a received cavity.
However, Ioka discloses a container housing an electrode assembly (Paragraph 0006), the container including a main body connected to a lid body (Paragraph 0008). Ioka teaches that the main body includes a welded portion which is inferior to other, non-welded portion due to corrosion that reduced the strength of the welded portion (Paragraph 0015). Ioka teaches that the main body is preferably formed of one steel plate (as shown in Figure 3) in order to reduce the number of welds in the body and increase productivity (Paragraph 0030). Ioka further teaches that the welds of the main body are preferably formed on the short-side faces, specifically on the faces of the short sides, because these faces are less susceptible to the stress caused by swelling (Paragraph 0029).
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 modified the first side plate of Chen to incorporate the teachings of Ioka in which the housing of the electrode assembly is provided as a single sheet (and therefore includes welds where the ends of the sheet are connected to define the receiving cavity of Chen) and the welded portion is provided on the face of the first plate (short-side face). Doing so would advantageously reduce the number of welds to prevent reduced strength due to corrosion as well as mitigate stress due to swelling on the housing body face, as recognized by Ioka. The result of the modification is exemplified in the annotated Figure below, including a first plate body and a second plate body arranged along a second direction, the first plate body and the second plate body are welded to form a welding part extending to the opening, and the second direction is perpendicular to the first direction, meeting the instant claimed limitation.
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Annotated Figure 4 of Chen and Figure 2 of Ioka
Chen is silent as to the isolator covers at least part of the welding part to isolate the electrode assembly from the welding part.
However, as described above in the modification of Chen by Ioka, a welding part extends along the first plate (Element 420) to form a first plate body and a second plate body extending in the second direction. Thus, the ordinary artisan would recognize that the result of such a modification would teach the instant claimed limitation of the isolator covering at least part of the welding part, as shown in the annotated Figure below. The limitation of “to isolate the electrode assembly from the welding part” defines the isolator by what it does, rather than what it is. This is a functional limitation that is evaluated in conjunction with the remainder of the claim. See MPEP 2173.05(g). Chen in view of Ioka teaches the claimed structure as stated in the above rejection, and therefore would be capable of performing in the manner claimed.
Regarding claim 11, Chen teaches the battery cell of claim 1.
Chen teaches the housing includes a bottom plate (Figure 6, Element 423) disposed on a side of the electrode assembly away from the cover plate (Paragraph 82). Chen teaches the bottom plate is welded to the first side plate and the second side plate (Paragraph 127). As Chen teaches the bottom plate is attached to the side plates of the battery housing via welding, it follows that in addition to the opening which is covered by the cover plate (Element 431, discussed above), Chen also teaches an opening disposed opposite which is covered by the bottom plate in order to establish the receiving cavity of Chen.
Therefore, Chen is considered by the Examiner to teach the housing is provided with openings at both ends along the first direction (covered by the cover plate and bottom plate in the resulting battery case), meeting the instant claimed limitations.
In the disclosure, Chen indicates that the battery cells may be cylindrical (Paragraph 60), which is considered to meet the instant claimed limitations of the housing being in a cylindrical structure, as the ordinary artisan would recognize that a cylindrical housing would flow naturally from cylindrical battery cells.
The limitation of the cylindrical structure “formed by bending a flat plate” is a product by process limitation. The patentability of a product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process”. Further, “the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, See MPEP 2113.
As discussed above, the modification of Chen by Ioka, Ioka teaches that the main body of a housing is preferably formed of a single plate in order to reduce the number of welds in the body and increase productivity. Therefore, when considering the embodiment of Chen discussed above where the housing is cylindrical to accommodate cylindrical battery cells and applying the teachings of Ioka, the ordinary artisan would recognize that the result of the modification would be a single piece of material which is connected via a weld so as to enclose the cylindrical battery cell. Therefore, Chen in view of Ioka is considered to teach a joint of the cylindrical structure is welded to form the welding part.
Thus, modified Chen is considered by the Examiner to teach the housing is in a cylindrical structure is formed by bending a flat plate, and a joint of the cylindrical structure is welded to form the welding part.
Regarding claim 12, Chen teaches the battery cell of claim 1, wherein the housing further comprises two second side plates (Figure 4, Element 422) arranged along the second direction (Paragraph 79), one second side plate is connected to the first plate body through one transition plate (Figure 4, Element 424), and the other second side plate is connected to the second plate body through another one transition plate (Paragraph 101);
an inner surface of the transition plate is formed as an arc surface (Paragraph 14).
Chen teaches the isolator (support member 450) supporting the electrode assembly and that the distance between the end of the first pole piece (Element 411) facing the first side plate (Element 421) and the first side plate in the direction X is the minimum distance between the first pole piece and the first side plate in the first direction (Paragraph 98) which is greater than a predetermined value (Paragraph 99). As the arc surface is attached to the first side plate in the disclosure of Chen (Figure 4), the minimum distance described by Chen is considered to be the minimum spacing between a pole sheet of the electrode assembly and the arc surface is greater than a preset value, meeting the instant claimed limitation.
Chen teaches an area of the second side plate is greater than an area of the first side plate (Paragraph 17).
Regarding claim 14, Chen teaches the battery cell of claim 1, wherein,
the electrode assembly comprises a plurality of a first pole sheets and a plurality of a second pole sheets alternately stacked along the second direction, and the first pole sheets and the second pole sheets have opposite polarities (Paragraphs 86-88); or
the electrode assembly comprises a first pole sheet (Figure 8, Element 411) and a plurality of second pole sheets (Figure 8, Element 93), the first pole plate is continuously bent and comprises a plurality of stacked segments (Figure 8, Element 411a) and a plurality of bending segments (Figure 8, Element 411b) alternately stacked along the second direction, and respective bending segments are used to connect adjacent two stacked segments (Paragraph 93; Figure 8).
Regarding claim 15, Chen teaches a battery comprising a plurality of battery cells comprising the battery cell of claim 1 (Paragraph 27).
Regarding claim 16, Chen teaches the battery of claim 15, wherein in at least one of the battery cells, the first side plate is arranged on a lower side of the electrode assembly along a vertical direction (Paragraph 28).
Regarding claim 17, Chen teaches an electrical device comprising the battery of claim 15 and used to provide electrical energy (Paragraph 29).
Claims 2-8, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Ioka as applied to claims 1, 11-12, 14-17 above, and further in view of Kang (U.S. Patent Publication No. 20170155097 A1).
Regarding claim 2, Chen teaches the battery cell of claim 1.
Chen teaches the isolator comprises a substrate (Figure 15, Element 450), the substrate covers at least part of the welding part, as shown in the annotated Figure below.
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Annotated Figures of Chen
Chen is silent as to the isolator comprising a bonding layer, the bonding layer located between and bonded to the substrate and the first side plate.
However, Kang discloses a secondary battery which includes an electrode assembly including an insulator between the electrode assembly and the case, where the insulator may be attached to both a surface of the electrode assembly and a surface of the case (Paragraph 0006). Kang discloses the insulator including adhesive contact between the electrode assembly and the case which may fix the relative location of the electrode assembly and the case so as to prevent the electrode assembly from moving inside the case and being damaged (Paragraphs 0030, 0036). Thus, Kang teaches that it is known in the art to provide an adhesive contacting the inside of a case of an electrode assembly so as to securely attach the electrode assembly to the case.
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 modified the battery case of Chen to incorporate the teachings of Kang in which the isolator comprises a bonding layer which provides adhesive contact between the battery case and an adjacent surface (in the case of Chen, the isolator). Doing so would advantageously result in the mitigation of damage to the electrode assembly due to its movement inside the case, as recognized by Chen.
Further, the ordinary artisan would recognize that in providing a bonding layer in order to adhere the isolator to the inside of the battery case according to the teachings of Kang, the resulting structure of Chen in view of Kang would include the bonding layer located between and bonded to the substrate and the first side plate, meeting the instant claimed limitations.
Regarding claim 3, Chen teaches the battery cell of claim 2.
Chen is silent as to at least part of the bonding layer is bonded to the welding part.
However, as described above, Chen teaches the bonding layer located between the substrate and the first side plate. As described above, the modification of Chen by Ioka resulted in welding on the short side face of the electrode assembly (the first side plate). Further discussed above, the modification of Chen by Kang resulting in bonding layer being bonded to the first side plate.
Therefore, given the aforementioned teachings and modifications, the bonding layer is taught to be bonded to the first side plate, which contains the welding part. Therefore, modified Chen is considered to teach at least part of the bonding layer bonded to the welding part, meeting the instant claimed limitations.
Regarding claim 4, Chen teaches the battery cell of claim 2.
Chen is silent as to a hardness of the substrate is greater than a hardness of the bonding layer.
However, when considering the hardness of the substrate and the hardness of the bonding layer, the ordinary artisan would recognize that there are three design choices:
The hardness of the substrate is less than the hardness of the bonding layer
The hardness of the substrate is equal to the hardness of the bonding layer
The hardness of the substrate is greater than a hardness of the bonding layer.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select hardness of the substrate is greater than a hardness of the bonding layer from the finite lists of possible combinations for the relationship between the hardness of the substrate and bonding layers (3 possible choices, described above) to arrive at the hardness of the substrate layer in relation to the bonding layer of the instant claim since the combination of components would have yielded predictable results as a substrate and bonding layer, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Regarding claim 5, Chen teaches the battery cell of claim 2, further comprising an insulator arranged on a side of the end cover facing the electrode assembly to insulate and isolate the end cover from the electrode assembly (Paragraph 78);
wherein the insulator and the substrate are arranged at intervals along the first direction (Y direction, as described above), as seen in the annotated Figure below.
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Annotated Figure 13 of Chen
Regarding claim 6, Chen teaches the battery cell of claim 5, further comprising a bonding structure (Figure 15, Element 470; glue bonding the isolator to the first surface 414 (Paragraph 118)), wherein at least part of the bonding structure is located between the first side plate and the insulator, as shown in the annotated Figure below.
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Annotated Figure 13 of Chen
Discussed above is the modification of Chen by Ioka which resulted in a welding part on the first side plate (Element 421) (short side face) of the housing. As is shown in the annotated Figure below, there is a portion of the welded part which is not covered by the isolator, as there is part of the bonding structure which is in contact with the first side plate.
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Annotated Figure 15 of Chen
As discussed above in the rejection of claim 2, Kang teaches that it is known in the art to provide an adhesive contacting the inside of a case of an electrode assembly so as to securely attach the electrode assembly to the case, which prevents the electrode assembly from moving inside the case and being damaged. Chen was modified by Kang as described above to include a bonding layer between the battery case and an adjacent surface (in the case of Chen, the isolator). As a portion of the surface adjacent to the first plate of the battery case is the bonding structure (Element 470, illustrated above), the ordinary artisan would find it further obvious to bond the bonding structure to the first side plate to provide the same benefit of securing the electrode assembly within the case and preventing damage as disclosed by Kang above.
Further, the ordinary artisan would recognize that in bonding the boding structure to the inside of the battery case according to the teachings of Kang, the resulting structure of Chen in view of Kang would include the bonding structure bonded to a part of the welding part not covered by the isolator, as illustrated above, meeting the instant claimed limitations.
Regarding claim 7, Chen teaches the battery cell of claim 6.
Chen is silent as to a thickness of the bonding structure is less than a thickness of the isolator.
However, when considering the thickness of the bonding structure and the thickness of the isolator, the ordinary artisan would recognize that there are three design choices:
The thickness of the bonding structure is less than the thickness of the isolator
The thickness of the bonding structure is equal to the thickness of the isolator
The thickness of the bonding structure is greater than the thickness of the isolator
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select thickness of the bonding structure is less than a thickness of the isolator from the finite lists of possible combinations for the relationship between the thickness of the bonding layer and isolator (3 possible choices, described above) to arrive at the hardness of the substrate layer in relation to the bonding layer of the instant claim since the combination of components would have yielded predictable results as a substrate and bonding layer, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
The limitation of “the bonding structure and the bonding layer are integrally formed” is a product by process limitation. “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process”. Further, “the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, See MPEP 2113.
The structure resulting from the bonding structure and bonding layer being integrally formed, as claimed, is the bonding structure and the bonding layer being connected. As discussed above and shown in the annotated Figure below, Chen in view of Kang teaches the connection between the bonding layer and the bonding structure, which reads on the structural limitations of the claim.
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Annotated Figure 15 of Chen
Regarding claim 8, Chen teaches the battery cell of claim 6, wherein the bonding structure comprises a first bonding part (Figure 15, Element 470). Chen teaches that the surface of the supporting member (isolator) may be coated with a glue which bonds the supporting member to the first surface (Element 414). Thus, the glue layer described above is considered to be the second bonding part of the instant claim.
As the first bonding part and the second bonding part extend along a length of the battery case (both in the x and y direction), they are considered to be arranged continuously, meeting the instant claimed limitation (see above 112b interpretation).
As seen in Figure 15 of Chen, the first bonding part and the isolator are arranged along the first direction (Y of Chen) and used to be bonded with the welding part (which is formed on the first side plate 421 of Figure 15 according to the modification of Chen in view of Ioka discussed above).
As discussed above, Chen teaches the second bonding part is a glue layer which bonds the support member (isolator) to the first surface, which is considered to meet the instant claimed limitations of a part of the second bonding part is bonded to a surface of the substrate facing the electrode assembly, as the first surface to which the substrate of the isolator is bonded to is on the side of the support member which faces the electrode assembly.
Regarding claim 18, Chen teaches a manufacturing method for a battery cell, comprising:
providing a housing with an opening at an end along a first direction (step S540) (Paragraph 134),
providing an isolator (support member, S530) (Paragraph 133);
providing an electrode assembly and installing the electrode assembly in the housing (step S550) (Paragraph 135);
providing an end cover and covering the opening of the housing by the end cover (step S550) (Paragraph 135);
As discussed above in the rejection of the product claim 1, modified Chen teaches the instant claimed limitation of the housing comprises a first side plate with a first plate body and a second plate body arranged along a second direction, the first plate body and the second plate body are welded to form a welding part extending to the opening, and the second direction is perpendicular to the first direction.
As discussed above in the rejection of the product claim 1, modified Chen teaches the instant claimed limitation of the isolator is arranged between the first side plate and the electrode assembly to isolate the electrode assembly from the welding part.
Chen is silent as to in the method, a step of attaching the isolator to the first side plate to cover at least part of the welding part by the isolator.
However, as discussed above in the rejection of claim 2, the ordinary artisan would have found it obvious to modify Chen to incorporate the teachings of Kang to provide a bonding layer located between and bonded to the substrate and the first side plate in order to secure the electrode assembly to the battery case and prevent damage. As described above, the modification of Chen by Ioka resulted in welding on the short side face of the electrode assembly (the first side plate). Given the aforementioned teachings and modifications, the bonding layer is taught to be bonded to the first side plate, which contains the welding part, and is considered to teach at least part of the isolator (the bonding layer) is bonded to the welding part.
Given that the battery cell of Chen in view of Kang and Ioka teaches the isolator attached to the first side plate to cover at least part of the welding part by the isolator, it would have been obvious to the ordinary artisan before the effective filing date of the claimed invention to have attached the isolator to the first side plate to cover at least part of the welding part by the isolator in the method of manufacturing the battery cell, meeting the instant claimed limitations.
Regarding claims 19 and 20, Chen teaches the manufacturing method of claim 18.
As described above in the rejection of claim 2, Chen teaches the isolator comprising a substrate which substrate which covers at least part of the welding part, and therefore it would have been obvious to the ordinary artisan to provide the substrate and arrange it to cover at least part of the method part in the method of manufacturing the product, as this is a feature of the claimed product, described above.
As described above in the rejection of claim 2, Kang modified Chen to include a bonding layer adhering the substrate to the first side plate. Therefore, it follows that the result of such a modification includes an adhesive layer (bonding layer) which provides connection between the substrate and the first side plate. The ordinary artisan would recognize that in order to attach the substrate of the isolator to the first side plate via this adhesive bonding layer, there are only two possible options, applying the adhesive to the first side plate (then bonding the substrate of the isolator to the adhesive) or applying the adhesive to the substrate of the isolator (then bonding the adhesive to the first side plate). These options are derived from the structure of the substrate and first side plate sandwiching the adhesive layer.
The ordinary artisan would have found to equally as obvious to select applying the adhesive to the first side plate (then bonding the substrate to the adhesive) or applying the adhesive to the substrate (then bonding the adhesive to the first side plate) in the method of attaching the isolator to the first side plate, as these are the only solutions available in order to obtain a structure of the substrate and the first side plate sandwiching the adhesive layer, and would have yielded predictable results in adhering the components of a battery cell to the internal wall of the housing. See MPEP 2143 (A) and (E).
As the adhesive of Chen in view of Kang forms a layer to hold the isolator and the substrate in place to form a single solid structure, it is considered by the Examiner to be solidified to form a bonding layer so as to form the isolator together with the substrate, meeting the instant claimed limitations.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Ioka as applied to claims 1, 11-12, 14-17 above, and further in view of Korbinian (German Patent Publication No. 102019123420 A1).
Regarding claim 9, Chen teaches the battery cell of claim 1.
As described above in the rejection of claim 1, Chen teaches the battery cell comprising an isolator arranged between the first side plate and the electrode assembly. Also described in the above rejection, Chen in view of Ioka teaches the housing including a welding part.
Chen is silent as to a surface of the isolator facing the first side plate is provided with a concave part which accommodates at least a part of the welding part.
However, Korbinian discloses a housing of a battery cell comprising a plurality of housing walls and a housing cover which enclose a housing interior in which the battery cell is arranged (Paragraph 0008). Korbinian teaches a contacting platform arranged and fastened to the cell housing (Paragraph 0010), the contacting platform including a receiving device made of insulating material that is placed on the housing wall of the cell housing (Paragraph 0011). Korbinian teaches that it is advantageous if the plate-shaped receiving device has groove-like recesses on its underside for receiving weld seams of the cell housing in order to enable full surface contact between the contacting platform on the housing wall (Paragraph 0015). Thus, Korbinian teaches that it is known in the art to provide a groove in the surface adjacent to a battery housing wall in order to accommodate the welding seams and establish a secure connection.
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 modified the surface of the isolator facing the first side plate of Chen to incorporate the teachings of Korbinian in which groove-like recess (concave part) is provided to accommodate at least a part of the welding part. Doing so would advantageously result in full-surface contact between the adjacent surfaces, as recognized by Korbinian.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Ioka as applied to claims 1, 11-12, 14-17 above, and further in view of Hashimoto (U.S. Patent Publication No. 20110195299 A1).
Regarding claim 10, Chen teaches the battery cell of claim 1.
Chen is silent as to a surface of the isolator away from the first side plate is provided with an opening.
However, Hashimoto discloses an electrode assembly arranged in a battery can (Paragraph 0016) including a first auxiliary insulating sheet to securely fix the electrode assembly (Paragraph 0042). Hashimoto teaches that the electrolyte of the battery must sufficiently infiltrate the electrode assembly and that the auxiliary insulating sheet includes through-holes to assist with this infiltration (Paragraph 0044).
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 modified the surface of the isolator away from the first side plate of Chen to incorporate the teachings of Hashimoto in which an opening (through-hole) is provided. Doing so would advantageously assist in the infiltration of electrolyte into the electrode assembly as required for battery operation, as recognized by Hashimoto.
Chen is silent as to this opening being arranged to be staggered with the welding part.
However, with only one opening and one welding part of the battery cell, the ordinary artisan would recognize that the design choice of placing these features is limited to only two options: the opening and the welding part overlap with each other or do not overlap with each other. Therefore, the Examiner presents that with the aforementioned two design choices of the battery cell, it would be obvious to the ordinary artisan to select either disposition of the opening and the welding part, as selecting from a finite list of possible combinations is within the ambit of one of ordinary skill in the art, absent a showing of unexpected results commensurate in scope with the claimed invention. See MPEP 2143 (A) and (E). Further, it is the Examiner’s position that the ordinary artisan would additionally find it obvious to not place the opening in line with the welding part in order to prevent structural weakening of the housing from a vulnerable welding part of the case (as the welded portion has inferior strength as described by Ioka above), as enclosing an electrode assembly within a case to protect it from the external environment is well known in the art.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Ioka as applied to claims 1, 11-12, 14-17 above, and further in view of Walter (U.S. Patent Publication No. 20220209330 A1).
Regarding claim 13, Chen teaches the battery cell of claim 1.
Chen is silent as to a dimension of the housing along the first direction is ranged from 100 mm to 2000 mm.
Chen teaches that the size of the battery cell in the second direction Y (equated with the instant first direction, discussed above) is larger than the size of the battery cell in the direction X, as a vehicle has limited space reserved for the battery in the vertical direction. Chen teaches that in order to reduce the reduce of the battery in the vertical direction, it can be lengthened in the other dimensions, such as the horizontal direction (Paragraph 83).
Walter teaches that battery cells exist in various shapes and sizes, and that the case of pouch cells is typically 350 mm by 100 mm.
Walter teaches that it is known in the art for a housing of a battery cell to measure 350 mm by 100 mm. Therefore, it would have been obvious to one of ordinary skill in the art to have modified the housing of the battery wall of Walter to incorporate the teachings of Chen in which the dimensions of the housing are 350 mm by 100 mm, as is taught to be known and suitable in the art by Walter.
Combined with the teachings of Chen which provide that the size of the battery cell in the horizontal direction (instant first direction) may be increased in order to decrease a vertical height of the battery cell, the ordinary artisan would recognize that the modification of Chen by Walter would result in a dimension of the housing along the first direction being 350 mm, which lies within the instant claimed range, meeting the instant claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA A JONES whose telephone number is (571)272-1718. The examiner can normally be reached Mon-Fri 7:30 AM - 4:30 PM.
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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