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 .
Drawings
The drawings were received on 2/13/2024. These drawings are accepted.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 13, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yu et al (US 2022/0209350 A1, hereafter Yu).
With regard to claim 1, Yu teaches a battery cell comprising:
a housing (housing 13) [0084];
a first electrode component (first electrode assembly 11) and a second electrode component (second electrode assembly 12) accommodated within the housing and arranged along a first direction (width, shown in vertical direction), wherein the first electrode component is insulated from the second electrode component (by buffer layer B3) [0084, 0093-0096, fig. 3-5];
a first electrode terminal (tabs 117) arranged on the housing and electrically connected to the first electrode component to lead out electrical power from the first electrode component [0091-0092, fig. 4]; and
a second electrode terminal (tabs 127) arranged on the housing and electrically connected to the second electrode component to lead out electrical power from the second electrode component [0091-0092, fig. 4].
With regard to claim 2, Yu teaches the first electrode component (first electrode assembly 11) and the second electrode component (second electrode assembly 12) are spaced apart from each other (by buffer layer B3) [0084, 0093-0096, fig. 3-5].
With regard to claim 3, Yu teaches a first insulating component (buffer layer B3) wherein at least a part of the first insulating component (buffer layer B3) is arranged between the first electrode component (first electrode assembly 11) and the second electrode component (second electrode assembly 12) to insulate and separate the first electrode component from the second electrode component [0084, 0093-0096, fig. 3-5].
With regard to claim 5, Yu teaches a second insulating component (buffer layer B1) coated (glued or injection molding) on an outer side of the first electrode component so as to separate the first electrode component from at least a part of the housing; wherein the first insulating component is connected to the second insulating component (as seen in fig. 4) [0093-0096, fig. 3-5].
With regard to claim 13, Yu teaches the first direction (width, shown in vertical direction) is parallel to a length direction of the battery cell [0084, 0093-0096, fig. 3-5].
With regard to claim 17, Yu teaches an electrical apparatus comprising the battery cell according to claim 1 (as detailed in the rejection of claim1 above) wherein the battery cell is configured to provide electrical power [0100].
With regard to claim 18, Yu teaches a method for manufacturing a battery cell, comprising: providing a housing (housing 13), a first electrode terminal (tabs 117) and a second electrode terminal (tabs 127), wherein the first electrode terminal and the second electrode terminal are arranged in the housing [0084, 0091-0096, fig. 3-5];
providing a first electrode component (first electrode assembly 11) and a second electrode component (second electrode assembly 12) [0084, fig. 3-5];
installing the first electrode component and the second electrode component within the housing, and electrically connecting the first electrode terminal to the first electrode component and electrically connecting the second electrode terminal to the second electrode component (integral formation) [0084, 0091-0092, fig. 3-4];
wherein the first electrode component and the second electrode component are arranged along a first direction (width, shown in vertical direction) and are insulated from each other, (by buffer layer B3) [0084, 0093-0096, fig. 3-5], the first electrode terminal is configured to lead out electrical power from the first electrode component and the second electrode terminal is configured to lead out electrical power from the second electrode component [0091-0092, fig. 4].
Claim(s) 1-4, 6-7, 10, 13, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al (US 2021/0126231 A1, hereafter Wang).
With regard to claim 1, Wang teaches a battery cell comprising:
a housing (case 101 and cover plates shown in fig. 1-2) [0073, 0084, fig. 1-2];
a first electrode component (left battery core 1031) and a second electrode component (right battery core 1031) accommodated within the housing and arranged along a first direction (left to right), wherein the first electrode component is insulated from the second electrode component (adjacent cores separated by separator plate 105) [0073, 0078, fig. 2];
a first electrode terminal (left external lead out member seen in fig. 2 and fig. 4) arranged on the housing and electrically connected to the first electrode component to lead out electrical power from the first electrode component [0073, fig. 2, fig. 4]; and
a second electrode terminal (right external lead out member seen in fig. 2 and fig. 4) arranged on the housing and electrically connected to the second electrode component to lead out electrical power from the second electrode component [0073, 0129-0130, fig. 2, fig. 4].
With regard to claim 2, Wang teaches the first electrode component (left battery core 1031) and a second electrode component (right battery core 1031) are spaced apart from each other along the first direction (left to right) [0073, fig. 2, fig. 4].
With regard to claim 3, Wang teaches a first insulating component (separator plate 105) wherein at least a part of the first insulating component is arranged between the first electrode component (left battery core 1031) and second electrode component (right battery core 1031) to insulate and separate the first electrode component from the second electrode component [0073, 0078, fig. 2, fig. 4].
With regard to claim 4, Wang teaches a via (connection through hole 1051) that connects a space on a side of the first insulating component (separator plate 105) facing the first electrode component to a space on a side of the first insulating component facing the second electrode component [0138].
With regard to claim 6, Wang teaches a space on an outer side of the first electrode component (left battery core 1031) is connected to a space (through connection through hole 1051 in separator plate 105) on an outer side of the second electrode component (right battery core 1031) [0073, 0078, 0138, fig. 2, fig. 4].
With regard to claim 7, Wang teaches the first electrode terminal (left external lead out member seen in fig. 2 and fig. 4) and the second electrode terminal (right external lead out member seen in fig. 2 and fig. 4) are installed on two ends of the housing along the first (left to right) direction [0073, fig. 2, fig. 4].
With regard to claim 10, Wang teaches the housing comprises a housing body (case 101) and two end caps (cover plates shown in fig. 1-2), the housing body has openings on two ends along the first direction (left to right) and the two end caps are configured to cover the two openings respectively [0073, 0084, fig. 1-2]; and
the first electrode terminal (left external lead out member seen in fig. 2 and fig. 4) and the second electrode terminal (right external lead out member seen in fig. 2 and fig. 4) are installed on the two end caps [0073, fig. 2, fig. 4].
With regard to claim 13, Wang teaches the first direction (left to right) is parallel to a length direction of the battery cell [0073, fig. 2, fig. 4].
With regard to claim 15, Wang teaches a battery comprising a plurality of battery cells (battery pack in fig. 12 including multiple batteries 100) each being the battery cell according to claim 1 (as detailed in the rejection of claim 1 above) [0057, fig. 12].
With regard to claim 17, Wang teaches an electrical apparatus (vehicle) [0043] comprising the battery cell according to claim 1 (as detailed in the rejection of claim 1 above) wherein the battery cell is configured to provide electrical power.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu as applied to claims 1-3, 5, 13, 17, and 18 above, and further in view of Eo (US 2013/0323563 A1, hereafter Eo).
With regard to claim 8, Yu teaches first electrode terminals (tabs 117) arranged on the housing and electrically connected to the first electrode component and second electrode terminals (tabs 127) connected to the second electrode component [0091-0092, fig. 4]. Yu does not explicitly teach the polarity of the terminals. However, it is well known in the art as evidenced by Eo when using pairs of tabs to use one tab connected to a positive plate and one tab connected to a negative plate [Eo 0045].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1-4, 6-7, 10, 13, 15, and 17 above.
With regard to claim 9, Wang teaches a size of the battery cell is in a range of 400 to 2500 mm (which overlaps and renders the claimed range obvious, see MPEP 2144.05) [0128].
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1-4, 6-7, 10, 13, 15, and 17 above, and further in view of Aizawa (US 2007/0099070 A1, hereafter Aizawa).
With regard to claim 11, Wang teaches the housing body (case 101) comprises two first side plates (top and bottom sides seen in fig. 2) arranged oppositely along a second direction perpendicular to the first direction (vertical) [0073, 0084, fig. 1-2]. Wang does not explicitly teach a pressure relief mechanism. However, in the same field of endeavor, Aizawa teaches a vent located on a sidewall of a battery cell and overlapping and end portion of an electrode component (electrode 6) [0028, 0033-0034 fig. 1]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the vent of Aizawa with the battery of Wang for the benefit of preventing explosions and reliable opening in the event of abnormal pressure [Aizawa 0003, 0044]. Modified Wang would not explicitly teach the claimed location of the vent, however this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of releasing pressure and would only require a rearrangement of parts. See MPEP 2144.04 VI.
With regard to claim 12, Wang teaches the housing body (case 101) comprises two first side plates (front and back sides seen in fig. 2) arranged oppositely along a third direction perpendicular to the first direction (thickness/depth) [0073, 0084, fig. 1-2]. Wang does not explicitly teach that an area of one side plate is greater, however this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of housing the battery cell and only require a change in size. See MPEP 2144.04 IV.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1-4, 6-7, 10, 13, 15, and 17 above, and further in view of Eo (US 2013/0323563 A1, hereafter Eo).
With regard to claim 14, Wang teaches a wound electrode [0074] and tabs that extend in the first direction (left to right) [0073, fig. 1-2] but does not explicitly teach the winding direction. However, a winding direction parallel to a tab direction is a well-known battery design as evidenced by Eo [0044, fig. 2]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to try the winding direction of Eo with the battery of Wang since it is known to allow for effective connection of tabs to the wound electrode [Eo 0049].
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1-4, 6-7, 10, 13, 15, and 17 above, and further in view of Morioka (US 2017/0346050 A1, hereafter Morioka).
With regard to claim 16, Wang teaches a plurality of battery cells (battery pack in fig. 12 including multiple batteries 100) [0057, fig. 12] but does not teach bus bars. However, in the same field of endeavor, Morioka teaches the use of a negative bus bar (25), a positive bus bar (23) and inter-group bus bars (26) with the negative bus bar and positive bus bar connecting first and second (positive and negative) terminal groups in parallel and the inter-group bus bar connecting first and second terminals in series [0027, 0043]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the bus bars of Morioka with the battery cell of Wang for the benefit of being able to form and connecting battery groups that may power vehicles [0007, 0043].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu as applied to claims 1-3, 5, 13, 17, and 18 above, and further in view of Reis (US 2012/0060361 A1, hereafter Reis).
With regard to claim 19, Yu teaches the first electrode component and the second electrode component are arranged along a first direction (width, shown in vertical direction) and are insulated from each other, (by buffer layer B3) [0084, 0093-0096, fig. 3-5], the first electrode terminal is configured to lead out electrical power from the first electrode component and the second electrode terminal is configured to lead out electrical power from the second electrode component [0091-0092, fig. 4].
Yu does not teach the claimed system components. However, in the same field of endeavor, Reis teaches a system for battery assembly including a vacuum laminator (installation apparatus), a conveyor belt (first providing apparatus), and a robotic arm (second providing apparatus) [0053, 0063]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the system of Reis for manufacturing the battery cell of Yu for the benefit of efficient manufacturing that meets quality requirements [Reis 0062-0063]. Reis does not explicitly teach all of the claimed processes, however since the claim is drawn to a product and the system of Reis would be capable of performing the claimed function Yu and Reis would render the claim obvious. Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). See also MPEP § 2114.
The manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT C THOMAS whose telephone number is (571)270-7737. The examiner can normally be reached Flexible schedule, typical hours 11-7 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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