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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot amendment requires new rejection found below. Arguments presented pertain to the amended features. Although a reference is being used that has been previously used in a rejection, the arguments are not persuasive as they are not addressing the newly applied rejection below.
All previous rejections are overcome by amendment.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmieder et al (PGPUB 2021/040573) and further in view of Park et al (PGPUB 2026/0135263).
Claim 1: Schmider teaches a battery for a drivable motor [abstract]. Mapping the prior art features to the instant claim language, Schmider teaches a battery cell (14) having at least a first electrode stack and second electrode stack (16) wherein each have an anode and cathode elements [Fig 2; 0040-0051]. The battery cell container (18) comprises an internal chamber (20) arranged along a longitudinal axis and capable of housing the first and second electrode stacks whereby the first and second battery terminals are mounted thereon [Fig 2; 0022-0023]. A tensioning device and spring element (36, 38a, 38b, 44), applicant’s elastic element, is arranged along the longitudinal axis, sandwiched between and configured to maintain contact with the first and second electrode stacks whereby the function of such is capable of interacting with alternating expansion and contraction of the first and second electrode stacks inside the battery cell container (functional language) [Fig 2; 0043-0045].
Schmider is silent to teach the specifics of the terminal electrical connection unit – well known to be a busbar.
Park teaches a battery module with a plurality of electrical cells within a common casing [Abstract; Fig 2]. The battery cells are connected by a busbar (100) [Fig 2; 0062-0072]. The busbars are arranged between the cathode terminals and anode terminals of adjacent cells within a common module casing [Fig 2]. The busbars are equivalent to the claimed electrically conductive tabs. Each busbar has a groove (110) which is capable of acting as an expandable portion [Fig 3; 0074-0107]. The location and electrical connection and physical connections as claimed are taught by the busbar of Park. One having ordinary skill in the art, at the time of filing, would have been motivated to utilize the electrical connection busbar with expansion portion as taught by Park in the assembly of Schmider in order to produce a battery module that is capable of managing pressure changes and distance requirements between cells within a casing [0039-0042].
Claim 11: Schmider teaches a battery for a drivable motor [abstract]. Mapping the prior art features to the instant claim language, Schmider teaches a battery cell (14) having at least a first electrode stack and second electrode stack (16) wherein each have an anode and cathode elements [Fig 2; 0040-0051]. The battery cell container (18) comprises an internal chamber (20) arranged along a longitudinal axis and capable of housing the first and second electrode stacks whereby the first and second battery terminals are mounted thereon [Fig 2; 0022-0023]. A tensioning device and spring element (36, 38a, 38b, 44), applicant’s elastic element, is arranged along the longitudinal axis, sandwiched between and configured to maintain contact with the first and second electrode stacks whereby the function of such is capable of interacting with alternating expansion and contraction of the first and second electrode stacks inside the battery cell container (functional language) [Fig 2; 0043-0045].
Schmider is silent to teach the specifics of the terminal electrical connection unit – well known to be a busbar.
Park teaches a battery module with a plurality of electrical cells within a common casing [Abstract; Fig 2]. The battery cells are connected by a busbar (100) [Fig 2; 0062-0072]. The busbars are arranged between the cathode terminals and anode terminals of adjacent cells within a common module casing [Fig 2]. The busbars are equivalent to the claimed electrically conductive tabs. Each busbar has a groove (110) which is capable of acting as an expandable portion [Fig 3; 0074-0107]. The location and electrical connection and physical connections as claimed are taught by the busbar of Park. One having ordinary skill in the art, at the time of filing, would have been motivated to utilize the electrical connection busbar with expansion portion as taught by Park in the assembly of Schmider in order to produce a battery module that is capable of managing pressure changes and distance requirements between cells within a casing [0039-0042].
Schmider is silent to teach the battery of the assembly to be lithium-ion. This is well known in the art that the recitation of battery cells are capable of being lithium-ion [0002-0006]. Further, Park teaches the batteries are selectable of lithium-ion [0003-0005]. It is well established the recitation of batteries is known to be lithium-ion for the embodiment of Schmider.
Claim 2, 12: Instant claim lays weight to a rigid or pliant material, this is a very large scope of materials. Schmider teaches a casing that is capable of holding a plurality of battery cells in a location and allow transport of the object and utilization within a motor vehicle [Fig 2; Abstract], such utilization would require a material for the casing within the scope of the instant claim.
Claim 3-4, 13-14: Schmider teaches a battery to be known to be selectable of a prismatic, pouch, cylindrical cells [0002].
Claim 5, 15: Schmider teaches a construction of batteries as shown in Fig 2.
Park is relied upon for the teaching of the electrically conductive tabs with expandable functionality. The arrangement of the busbars of Park are to electrically connect closely adjacent terminals on the same side of the top plate of the battery cell [Park: Fig 2]. The direction of the longitudinal axis is interpreted such that the electrically conductive tabs are arranged parallel.
Claim 6, 16: Schmider teaches a construction of batteries as shown in Fig 2.
Park is relied upon for the teaching of the electrically conductive tabs with expandable functionality. The arrangement of the busbars of Park are to electrically connect closely adjacent terminals on the same side of the top plate of the battery cell [Park: Fig 2]. The direction of the longitudinal axis is interpreted such that the electrically conductive tabs are arranged perpendicular.
Claim 7, 17: Schmider teaches at least one spring element [Fig 2; 0043-0045].
Claim 8, 18: Schmider teaches a pretention device (36) to comprise a plate element (42a) between the spring and the battery [Fig 2; 0045].
Claim 9, 19: Schmider teaches a container with an interior surface wherein the electrical tabs, as taught by Park are disposed therein, and a separation bracket (48) which is a feature that is between the first and second electrode stacks [Fig 2; 0046] whereby the dimensions of the conductive tab accommodate the bracket feature and hold dimensionality thereto.
Claim 10: Schmider is silent to teach the battery of the assembly to be lithium-ion. This is well known in the art that the recitation of battery cells are capable of being lithium-ion [0002-0006]. Further, Park teaches the batteries are selectable of lithium-ion [0003-0005]. It is well established the recitation of batteries is known to be lithium-ion for the embodiment of Schmider.
Claim 20: Schmider teaches a battery for a drivable motor [abstract]. Mapping the prior art features to the instant claim language, Schmider teaches a battery cell (14) having at least a first electrode stack and second electrode stack (16) wherein each have an anode and cathode elements [Fig 2; 0040-0051]. The battery cell container (18) comprises an internal chamber (20) arranged along a longitudinal axis and capable of housing the first and second electrode stacks whereby the first and second battery terminals are mounted thereon [Fig 2; 0022-0023]. A tensioning device and spring element (36, 38a, 38b, 44), applicant’s elastic element, is arranged along the longitudinal axis, sandwiched between and configured to maintain contact with the first and second electrode stacks whereby the function of such is capable of interacting with alternating expansion and contraction of the first and second electrode stacks inside the battery cell container (functional language) [Fig 2; 0043-0045]. A first support plate (42a) is disposed adjacent a first electrode stack and a second support plate (42b) is disposed adjacent a second electrode stack whereby a spring element (44) is disposed therebetween [Fig 2[ 0045].
Schmider is silent to teach the specifics of the terminal electrical connection unit – well known to be a busbar.
Park teaches a battery module with a plurality of electrical cells within a common casing [Abstract; Fig 2]. The battery cells are connected by a busbar (100) [Fig 2; 0062-0072]. The busbars are arranged between the cathode terminals and anode terminals of adjacent cells within a common module casing [Fig 2]. The busbars are equivalent to the claimed electrically conductive tabs. Each busbar has a groove (110) which is capable of acting as an expandable portion [Fig 3; 0074-0107]. The location and electrical connection and physical connections as claimed are taught by the busbar of Park. One having ordinary skill in the art, at the time of filing, would have been motivated to utilize the electrical connection busbar with expansion portion as taught by Park in the assembly of Schmider in order to produce a battery module that is capable of managing pressure changes and distance requirements between cells within a casing [0039-0042].
Schmider is silent to teach the battery of the assembly to be lithium-ion. This is well known in the art that the recitation of battery cells are capable of being lithium-ion [0002-0006]. Further, Park teaches the batteries are selectable of lithium-ion [0003-0005]. It is well established the recitation of batteries is known to be lithium-ion for the embodiment of Schmider.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nick Smith can be reached at 571-272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN J YANCHUK/Primary Examiner, Art Unit 1752
