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 .
Summary
In the remarks filed January 12, 2024, applicant submits that “the incorrect Word document of the specification was filed with the filing of the application on November 15, 2023. However, the correct specification was field, in PDF format, with the filing of the application on November 15, 2023”. The Examiner acknowledges that the PDF format document filed November 15, 2023 includes the claims, specification, and abstract that were filed January 12, 2024.
Election/Restrictions
Applicant’s election without traverse of Group 1 (claims 17-28) in the reply filed on July 8, 2026 is acknowledged.
Claims 29-36 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 8, 2026.
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.
Claims 17, 22, and 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duerr (DE 102011120512 A1, English Translation used for text citations and original document used for figure citations).
Regarding claim 17, Duerr teaches a battery cell comprising:
a battery cell enclosure including an inner layer made of an electrically conductive material (metallic layer Duerr [25]) and an outer layer made of an electrically insulative material (plastic layer Duerr [25]) wherein a portion of the inner layer is exposed (annotated Duerr Fig. 2 shown below);
first battery terminals arranged in the battery cell and second battery terminals arranged in the battery cell enclosure (electrode foils 3.1 of different polarity, Duerr [38]);
electrolyte located between the first battery terminals and the second battery terminals (5, Duerr Fig. 2)
a conductive portion arranged adjacent to the outer layer and directly connected to the exposed portion of the inner layer (annotated Duerr Fig. 2 shown below).
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Regarding claim 22, Duerr teaches all features of claim 17, as described above. Duerr further teaches the conductive portion including a metal foil layer (metallic layer, Duerr [13]).
Regarding claim 24, Duerr teaches all features of claim 17, as described above. Duerr further teaches the electrically insulative material of the outer layer being a polymer material (plastic layer Duerr [25]).
Regarding claim 25, Duerr teaches all features of claim 17, as described above. Duerr further teaches the exposed portion of the inner layer being an edge portion of the battery cell enclosure (Duerr Fig. 2).
Regarding claim 26, Duerr teaches all features of claim 17, as described above. Duerr further teaches the battery cell comprising a pouch-type battery cell and the battery cell enclosure comprises a battery pouch (Duerr [37]).
Regarding claim 27, Duerr teaches all features of claim 17, as described above. Duerr further teaches the battery cell enclosure including an interior layer made of an electrically insulative material (plastic layer Duerr [25]); and the inner layer including a metal foil layer laminated between the interior layer and the outer layer (metallic layer arranged between two plastic layers, Duerr [25]).
Regarding claim 28, Duerr teaches all features of claims 17 and 27, as described above. Duerr further teaches the electrically insulative material of the interior layer being a polymer material (plastic layer Duerr [25]).
Alternative Interpretation of Duerr
Claims 17 and 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duerr (DE 102011120512 A1, English Translation used for text citations and original document used for figure citations).
Regarding claim 17, Duerr teaches a battery cell comprising:
a battery cell enclosure including an inner layer made of an electrically conductive material (metallic layer Duerr [25]) and an outer layer made of an electrically insulative material (plastic layer Duerr [25]) wherein a portion of the inner layer is exposed (6, Duerr Fig. 2);
first battery terminals arranged in the battery cell and second battery terminals arranged in the battery cell enclosure (electrode foils 3.1 of different polarity, Duerr [38]);
electrolyte located between the first battery terminals and the second battery terminals (5, Duerr Fig. 2)
a conductive portion arranged adjacent to the outer layer and directly connected to the exposed portion of the inner layer (connector/piece that is used to form the connection that is used to measure the voltage at the reference electrode 6, Duerr [13]; the ordinary artisan would recognize that there must be a conductive portion connected to the reference electrode (exposed portion of the inner layer) in order to establish electrical connection for measurements).
Regarding claim 24, Duerr teaches all features of claim 17, as described above. Duerr further teaches the electrically insulative material of the outer layer being a polymer material (plastic layer Duerr [25]).
Regarding claim 25, Duerr teaches all features of claim 17, as described above. Duerr further teaches the exposed portion of the inner layer being an edge portion of the battery cell enclosure (Duerr Fig. 2).
Regarding claim 26, Duerr teaches all features of claim 17, as described above. Duerr further teaches the battery cell comprising a pouch-type battery cell and the battery cell enclosure comprises a battery pouch (Duerr [37]).
Regarding claim 27, Duerr teaches all features of claim 17, as described above. Duerr further teaches the battery cell enclosure including an interior layer made of an electrically insulative material (plastic layer Duerr [25]); and the inner layer including a metal foil layer laminated between the interior layer and the outer layer (metallic layer arranged between two plastic layers, Duerr [25]).
Regarding claim 28, Duerr teaches all features of claims 17 and 27, as described above. Duerr further teaches the electrically insulative material of the interior layer being a polymer material (plastic layer Duerr [25]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Duerr in view of Schreiber (US 2021/0148982 A1).
Regarding claim 23, Duerr teaches all features of claim 17, as described above. Duerr is silent to the material of the metal layer.
Schreiber teaches a battery cell comprising an enclosure including an inner layer and an outer layer wherein the inner layer is a metal layer, as taught by Schrieber, and is made of aluminum (Schreiber [61]). Since Schreiber teaches that aluminum is a suitable metal for the metal layer, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form the inner layer of Duerr to be aluminum in order to achieve the predictable result of a battery cell comprising an enclosure with a metal inner layer that is electrically conductive.
Alternative Interpretation of Duerr
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Duerr, as applied to claim 17 above, in view of Jocher (Jocher, P. et al. Determination of the Contact Resistance of Planar Contacts: Electrically Conductive Adhesives in Battery Cell Connections. Batteries. 9, 443. Published August 29, 2023) .
Regarding claim 18, Duerr teaches all features of claim 17, as described above. Duerr does not teach the conductive portion being directly connected to the exposed portion of the inner layer via an adhesive material.
Jocher teaches that electrically conductive adhesives are known to be used to connect substrates in a battery (Jocher Introduction). Since Jocher teaches that using electrically conductive adhesives is a known and suitable method for connecting battery components, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have connected the conductive portion of Duerr to the exposed portion of the inner layer via an electrically conductive adhesive in order to achieve the predictable result of an electrical connection between the conductive portion and the exposed portion of the inner layer.
Regarding claim 20, Duerr teaches all features of claims 17 and 18, as described above. Modified Duerr teaches the adhesive material being a conductive paint (silver-filled epoxy-based adhesive, Jocher abstract).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Duerr in view of Jocher, as applied to claims 17 and 18 above, and in further view of 3M (3M, Electrically Conductive Tape 9703. Technical Data Sheet. August 2000).
Regarding claim 19, Duerrr teaches all features of claims 17 and 18, as described above. Modified Duerr does not teach the adhesive material being a pressure sensitive adhesive.
3M teaches a pressure sensitive adhesive that is used to electrically connect substrates (3M, Product Description). Since 3M teaches that it is known and suitable to use a pressure sensitive adhesive to electrically connect substrates, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the adhesive of modified Duerr for a pressure sensitive adhesive, in order to achieve the predictable result of electrically connected battery components. The simple substitution of one known element for another yields predictable results to someone of ordinary skill in the art. See MPEP 2413(I)(B).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Duerr, as applied to claim 17 above, and in further view of 3M.
Regarding claim 21, Duerr teaches all features of claim 17, as described above. Duerr does not teach the conductive portion being directly connected to the exposed portion of the inner layer via at least one metallic plate clamped to the conductive portion.
3M teaches a pressure sensitive adhesive that is used to electrically connect substrates (3M, Product Description). Since 3M teaches that it is known and suitable to use a pressure sensitive adhesive to electrically connect substrates, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the adhesive of modified Duerr for a pressure sensitive adhesive, in order to achieve the predictable result of electrically connected battery components.
3M further teaches that mechanical reinforcement via mechanical clamping may be used in conjunction with the pressure sensitive adhesive to improve performance (3M, Mechanical Clamping). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a clamp to the conductive portion of modified Duerr in order to improve performance of the electrical connection. There are two options for the material of the clamp: metallic or non-metallic. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have selected from these two options, including a metallic clamp (metallic plate), in order to achieve a mechanical clamping suitable for a desired battery cell application.
Claims 17 and 24-28 are rejected under 35 U.S.C. 103 as being unpatentable over Schreiber (US 2021/0148982 A1).
Regarding claim 17, Schreiber teaches a battery cell comprising:
a battery cell enclosure including an inner layer made of an electrically conductive material (metal layer 111b, Schreiber [74]) and an outer layer made of an electrically insulative material (polymer ply 111a, Schreiber [74]) wherein a portion of the inner layer is exposed (111d, 112d, Schreiber [75]);
first battery terminals arranged in the battery cell enclosure (positive sheet-like electrode, Schreiber [74]);
second battery terminals arranged in the battery cell enclosure (negative sheet-like electrode, Schreiber [74]);
a conductive portion arranged adjacent to the outer layer and directly connected to the exposed portion of the inner layer (“electric conductor can be pressed to establish a reliable electrical contact”, Schreiber [69]).
Schreiber does not explicitly teach that the battery cell comprises an electrolyte. However, Schreiber teaches that it is known to add a suitable electrolyte to a battery cell (Schreiber [13]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add an electrolyte between the first and second battery terminals in the battery cell enclosure in order to obtain the predictable result of a battery cell suitable for use in a desired electrical application.
Regarding claim 24, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the electrically insulative material of the outer layer being a polymer material (polymer ply 111a, Schreiber [74]).
Regarding claim 25, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the exposed portion of the inner layer being an edge portion of the battery cell enclosure (Schreiber Fig. 1).
Regarding claim 26, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the battery cell comprising a pouch-type battery cell and the battery cell enclosure comprises a battery pouch (Schreiber Fig. 2).
Regarding claim 27, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the battery cell enclosure including an interior layer made of an electrically insulative material (polymer ply 111c, Schreiber [74]); and the inner layer including a metal foil layer laminated between the interior layer and the outer layer (Schreiber [74]; “with the metal layer being arranged between the two polymer plies, abstract).
Regarding claim 28, Schreiber teaches all features of claims 17 and 27, as described above. Schreiber further teaches the electrically insulative material of the interior layer being a polymer material (polymer ply 111c, Schreiber [74]).
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schreiber, as applied to claim 17 above, in view of Jocher (Jocher, P. et al. Determination of the Contact Resistance of Planar Contacts: Electrically Conductive Adhesives in Battery Cell Connections. Batteries. 9, 443. Published August 29, 2023) .
Regarding claim 18, Schreiber teaches all features of claim 17, as described above. Schreiber teaches that “an electric conductor can be pressed” against the exposed portion of the inner layer (contact region) in order to establish a reliable electrical contact (Schreiber [69]) and that an electrical potential is applied to the exposed portions of the inner layer (contact regions) to form an electric field (Schreiber [76]). Schreiber does not teach the conductive portion being directly connected to the exposed portion of the inner layer via an adhesive material.
The ordinary artisan would recognize that there must be a physical connection between the exposed portions of the inner layer (contact regions) in order to establish an electric field and Schreiber teaches “an electric conductor” being pressed against these exposed portions of the inner layer.
Jocher teaches that electrically conductive adhesives are known to be used to connect substrates in a battery (Jocher Introduction). Since Schreiber teaches the conductive portion being pressed against the exposed portion of the inner layer and Jocher teaches that using electrically conductive adhesives is a known and suitable method for connecting battery components, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have connected the conductive portion of Schreiber to the exposed portion of the inner layer via an electrically conductive adhesive in order to achieve the predictable result of a connection between the conductive portion and the exposed portion of the inner layer that is capable of having an electric potential applied.
Regarding claim 20, Schreiber teaches all features of claims 17 and 18, as described above. Modified Schreiber teaches the adhesive material being a conductive paint (silver-filled epoxy-based adhesive, Jocher abstract).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Schreiber in view of Jocher, as applied to claims 17 and 18 above, and in further view of 3M (3M, Electrically Conductive Tape 9703. Technical Data Sheet. August 2000).
Regarding claim 19, Schreiber teaches all features of claims 17 and 18, as described above. Modified Schreiber does not teach the adhesive material being a pressure sensitive adhesive.
3M teaches a pressure sensitive adhesive that is used to electrically connect substrates (3M, Product Description). Since 3M teaches that it is known and suitable to use a pressure sensitive adhesive to electrically connect substrates, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the adhesive of modified Schreiber for a pressure sensitive adhesive, in order to achieve the predictable result of electrically connected battery components. The simple substitution of one known element for another yields predictable results to someone of ordinary skill in the art. See MPEP 2413(I)(B).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Schreiber, as applied to claim 17 above, and in further view of 3M.
Regarding claim 21, Schreiber teaches all features of claim 17, as described above. Schreiber does not teach the conductive portion is directly connected to the exposed portion of the inner layer via at least one metallic plate clamped to the conductive portion.
3M teaches a pressure sensitive adhesive that is used to electrically connect substrates (3M, Product Description). Since 3M teaches that it is known and suitable to use a pressure sensitive adhesive to electrically connect substrates, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the adhesive of modified Schreiber for a pressure sensitive adhesive, in order to achieve the predictable result of electrically connected battery components.
3M further teaches that mechanical reinforcement via mechanical clamping may be used in conjunction with the pressure sensitive adhesive to improve performance (3M, Mechanical Clamping). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a clamp to the conductive portion of modified Schreiber in order to improve performance of the electrical connection. There are two options for the material of the clamp: metallic or non-metallic. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have selected from these two options, including a metallic clamp (metallic plate), in order to achieve a mechanical clamping suitable for a desired battery cell application.
Alternative Interpretation of Schreiber
Claims 17 and 22-28 are rejected under 35 U.S.C. 103 as being unpatentable over Schreiber (US 2021/0148982 A1).
Regarding claim 17, Schreiber teaches a battery cell comprising:
a battery cell enclosure including an inner layer made of an electrically conductive material (metal layer 111b, Schreiber [74]) and an outer layer made of an electrically insulative material (polymer ply 111a, Schreiber [74]) wherein a portion of the inner layer is exposed (annotated Schreiber Fig. 1 shown below);
first battery terminals arranged in the battery cell enclosure (positive sheet-like electrode, Schreiber [74]);
second battery terminals arranged in the battery cell enclosure (negative sheet-like electrode, Schreiber [74]);
a conductive portion arranged adjacent to the outer layer and directly connected to the exposed portion of the inner layer (annotated Schreiber Fig. 1 shown below).
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Schreiber does not explicitly teach that the battery cell comprises an electrolyte. However, Schreiber teaches that it is known to add a suitable electrolyte to a battery cell (Schreiber [13]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add an electrolyte between the first and second battery terminals in the battery cell enclosure in order to obtain the predictable result of a battery cell suitable for use in a desired electrical application.
Regarding claim 22, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the conductive portion including a metal foil layer (metal layer, Schreiber [61]).
Regarding claim 23, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the conductive portion being made of aluminum (Schreiber [61]).
Regarding claim 24, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the electrically insulative material of the outer layer being a polymer material (polymer ply 111a, Schreiber [74]).
Regarding claim 25, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the exposed portion of the inner layer being an edge portion of the battery cell enclosure (Schreiber Fig. 1).
Regarding claim 26, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the battery cell comprising a pouch-type battery cell and the battery cell enclosure comprises a battery pouch (Schreiber Fig. 2).
Regarding claim 27, Schreiber teaches all features of claim 17, as described above. Schreiber further teaches the battery cell enclosure including an interior layer made of an electrically insulative material (polymer ply 111c, Schreiber [74]); and the inner layer including a metal foil layer laminated between the interior layer and the outer layer (Schreiber [74]; “with the metal layer being arranged between the two polymer plies, abstract).
Regarding claim 28, Schreiber teaches all features of claims 17 and 27, as described above. Schreiber further teaches the electrically insulative material of the interior layer being a polymer material (polymer ply 111c, Schreiber [74]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chang (US 6,387,566 B1): appears to disclose a pouch battery cell comprising an enclosure that includes a metal layer between insulating polymer layers (abstract, Fig. 4A).
Lee (US 2011/0076531 A1): appears to disclose a pouch battery cell with a voltage sensing member (Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA S CASERTO whose telephone number is (571)272-5114. The examiner can normally be reached 7:30 am - 5 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.C./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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