Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Applicant’s arguments submitted on February 11th, 2026 have been entered into the file.
Currently claims 1, 10, 14, 16 are amended, claims 23-25 are new, and claims 11-13, 15, and 17 are cancelled, resulting in claims 1-11, 14-22 pending for examination.
Response to Amendment
The amendments filed February 11th, 2025 have been received.
Applicant’s amendments with respect to the concave portion of claim 17 (limitations now incorporated into claim 16) have overcome the 35 U.S.C. 112(b) rejection previously set sort in the Non-Final Rejection mailed November 28th, 2025.
Claim Objections
Claim 23 is objected to because of the following informalities: dependence on a cancelled claim 15. Appropriate correction is required. The Examiner believes this claim to depend on claim 14 which incorporated the claimed limitations of claim 15, and will be read as such in the outstanding office action.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10, 14, 16, 18-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the instant claim recites the first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film are permeable to gas but impermeable to water vapor. The instant disclosure as filed lacks support for the amendment as filed. The instant disclosure provides:
[0097] “The gas-ventilating member 2422 can allow the gas at the inside of the battery cell 20 to flow to the outside of the battery cell 20, and can block the water vapor at the outside of the battery cell 20 from entering the inside of the battery cell 20.”
The recitation that the “first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film” have the aforementioned permeability has a narrower scope than what was originally filed in the specification. For example, only a portion of the gas-ventilating member is required to be permeable to gas but impermeable to water vapor in order for the gas-ventilating member to be considered to have this property. The specification as filed does not elucidate the specific properties of the first gas-ventilating film, second gas-ventilating film, or third gas-ventilating film. Thus, as amended, the claimed limitation presents a narrower recitation of the permeability and impermeability of the gas-ventilating films which make up the gas ventilating member.
Further, the permeability and impermeability aspect of the amendment is not supported by the original disclosure. As described above, the instant specification provides gas at the inside of the battery cell can flow to the outside of the battery cell but water vapor at the outside of the battery cell cannot enter the inside of the battery cell. Therefore, the Examiner suggests amending the instant claim to more explicitly recite the features as written disclosed in the specification. Appropriate correction is required.
Regarding claims 2-10, 14, 16, 18-23, they are rejected based on their dependence on a previously rejected claim. Appropriate correction is required.
Further regarding claim 10, the instant claim recites “the gas-exhausting body comprises a concave portion concaved in recessed along an axial direction of the first through hole”. The instant disclosure as filed lacks support for the amendment as filed. The instant disclosure provides “the gas-exhausting body includes a first concave portion concaved in an axial direction of the first through hole” (Paragraph 0025). Thus, the instant disclosure provides a narrower scope of the concave portion than is recited by the instant claim, as concave implied a specific shape while recessed is not associated with a specific shape.
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 9-10, 25 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 9, the claim recites “the second stepped surface is configured to support another one of the first connecting member and the second connecting member.” It is unclear what is meant by “another one” of the first connecting member and the second connecting member. The claim 8 onto which claim 9 depends recites “the first stepped surface is configured to support one of the first connecting member and the second connection member.” Therefore, it is unclear if the second stepped surface is configured to support the first connecting member and the second connecting member referred to by claim 8 or a different first and second connecting member. For the purposes of examination, the former interpretation is understood. Appropriate clarification is required.
Regarding claim 10, the claim recites “the gas-exhausting body comprises a concave portion recessed in an axial direction of the first through hole, one of the first connecting member and the second connecting member is formed on a bottom wall of the concave portion, the gas-ventilating member is located in the concave portion, and another one of the first connecting member and the second connecting member is at least partially located in the concave portion and provided separately from the gas-exhausting body.” It is further unclear from the disclosed specification and drawings where the concave portion that is recessed may be identified in the drawings, thus it is not readily apparent where the recessed concave portion is located according to the instant invention. Appropriate correction is required.
Further regarding claim 10, the claim recites “another one of the first connecting member and the second connecting member is at least partially located in the concave portion” It is unclear what is meant by “another one” of the first connecting member and the second connecting member. The claim 1 onto which claim 10 depends recites “the connecting assembly comprises a first connecting member and a second connecting member.” Therefore, it is unclear if the first connecting member and the second connecting member referred to by claim 10 is the same or a different from the first and second connecting member of claim 1. For the purposes of examination, the former interpretation is understood. Appropriate clarification is required.
Regarding claim 25, there is insufficient basis for “the radial size of the third hole segment”, “the smallest radial size”, and “the region of the gas-exhausting mechanism”. It is unclear which region of the gas-exhausting mechanism is being referred to. It is further unclear what the radial size is in the context of the invention. 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 1-2, 4-9, 21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi (U.S. Patent Publication No. 20220077540 A1) in view of Pedicini (U.S. Patent No. 5362577 A).
Regarding claim 1, the recitation a gas-exhausting apparatus “for a battery cell" has not been given patentable weight because it is a recitation of intended use that occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See MPEP 2111.02.
The gas exhausting apparatus of Wakabayashi comprises a plurality of stacked perforated plates (Figure 5, Element 5) which is positioned above the battery cells (Figure 5, Element 1) comprised in the case (Figure 5, Element 2) which received discharged gas from the batteries and expels the gas via fume ventilation holes (Figure 5, Element 27) of the perforated plate stack (Paragraph 0060). Therefore, the gas exhausting apparatus of Wakabayashi receives exhaust gas from each of the battery cells in the case over which it is positioned and is considered a gas-exhausting apparatus for a battery cell.
Wakabayashi teaches a gas-exhausting apparatus (Abstract), comprising:
a gas-exhausting body (case 2 including upper case 2A, lower case 2B, and opening 26 on surface of surface plate 21 of upper case 2A) (Paragraphs 0048 and 0052); and
a gas-exhausting mechanism (stack of plane perforated plates 5A and intermediate perforated plates 5B) (Figure 9), arranged in the gas-exhausting body, wherein:
the gas-exhausting mechanism comprises a connecting assembly and a gas-ventilating member, as shown in the annotated Figure below:
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Annotated Figure 9 of Wakabayashi
The “connecting assembly is configured to connect the gas-exhausting body” defines the connecting assembly by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the connecting assembly on the outermost parts of the stack of plates which make up the gas exhausting mechanism as shown in the annotated figure above, and is therefore considered to connect the gas-exhausting body or would be capable of performing in the manner claimed.
the connecting assembly comprises a first connecting member and a second connecting member, as shown in the annotated Figure below:
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Annotated Figure 9 of Wakabayashi
the first connecting member is provided with a first through hole (fume ventilation holes) (Figures 8-10; Element 27) for communicating with an inside of the battery cell (Paragraph 0059), as shown in the annotated Figure below;
the second connecting member is provided with a second through hole (fume ventilation holes) (Figures 8-10; Element 27) for communicating with an outside of the battery cell (Paragraph 0059), as shown in the annotated Figure below;
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Annotated Figure 7 of Wakabayashi
The “gas-ventilating member configured to communicate with the first through hole and the second through hole and exhaust gas to the outside of the battery cell through the first through hole and the second through hole when a gas pressure of the inside of the battery cell reaches a threshold value” defines the gas-ventilating member by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the gas-ventilating member sandwiched between the first and second connecting members as shown in the annotated figure below.
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Annotated Figure 9 of Wakabayashi
Wakabayashi teaches the fume ventilation holes (Element 27) to allow the discharged gas to flow from the interior of the battery through each of the holes of the stack of perforated plates to be expelled to the outside of the battery case, in a direction indicated by arrows in Figures 5-7 (Paragraphs 0053, 0055, and 0060-0061). As indicated by the arrows the Figure above, the gas ventilating member of Wakabayashi receives discharged gas through the holes the first connecting member which flows up through the gas ventilating member before being directed through the holes in the second connecting member. Wakabayashi teaches a discharge valve opens to discharge gas which is expelled out of the case via the ventilation holes when the internal pressure of the battery cell exceeds a set pressure (Paragraph 0009). Therefore, the gas ventilating member of Wakabayashi is therefore is considered to communicate with the first through hole and the second through hole and exhaust gas when a gas pressure of the inside of the battery cell reaches a threshold value or would be capable of performing in the manner claimed.
Wakabayashi teaches
the first connecting member is configured to attach to a surface of the gas-ventilating member facing the inside of the battery cell, the second connecting member is configured to attach to a surface of the gas-ventilating member facing away from the inside of the battery cell, and an orthographic projection of the first through hole on the gas- ventilating member and an orthographic projection of the second through hole on the gas- ventilating member are arranged to be staggered from each other, as shown in the annotated Figure below;
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Annotated Figure 9 of Wakabayashi
the gas-ventilating member comprises a first gas-ventilating film, a second gas- ventilating film, and a third gas-ventilating film arranged to be stacked with one another in an axial direction of the first through hole, a surface of the first gas-ventilating film facing the inside of the battery cell is attached to the first connecting member (via expansion gaps) (Figure 9, Element 8) (Paragraph 0053), a surface of the third gas-ventilating film facing away from the inside of the battery cell is attached to the second connecting member (via expansion gaps) (Figure 9, Element 8) (Paragraph 0053), as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
Wakabayashi teaches the fume ventilation holes (Figures 5-10; Element 27) can be made small to increase the permeation resistance of the discharged gas however if the fume ventilation holes are too small, the fume ventilation holes do not allow the discharged gas to be smoothly expelled out of case (Paragraph 0055). Wakabayashi teaches a range for the inner diameter of the through holes (Paragraph 0055) and a range for the thickness of the perforation plate which may be adjusted to control the length of the through hole (Paragraph 0056). Wakabayashi teaches that a larger length of the through hole increases permeation resistance of the discharged gas which in turn, reduces the energy of the discharged gas (Paragraph 0059). Wakabayashi teaches that the number and size (diameter and length) of the through holes may be varied to control the energy of the discharged gas prior to expulsion, such as many smaller fume ventilation holes or a few larger fume ventilation holes are provided (Paragraph 0056).
Absent unexpected results, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to optimize the gas-ventilating amount of the first, second, and third gas-ventilating films since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involved only routine skill in the art. See MPEP 2144.05. In the present invention, one would have been motivated to optimize the quantity and size (diameter and thickness) of the through holes and the thickness of the perforation plates (gas-ventilating films) in order to control the permeation resistance and expulsion energy of the gas through the gas-ventilating member to obtain a gas-ventilating amount of the second gas-ventilating film greater than a gas-ventilating amount of the first gas-ventilating film and a gas-ventilating amount of the third gas-ventilating film, meeting the instant claimed limitation.
As discussed above, Wakabayashi teaches the release of gas from inside the battery cell via fume ventilation holes (Paragraph 0060) provided in the first, second, and third gas-ventilating films, meeting the instant claimed limitation of the first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film are permeable to gas.
Wakabayashi is silent as to the first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film being impermeable to vapor.
However, Pedicini discloses a vent for an electrochemical cell comprising at least one gas exit hole (Column 3, Lines 35-45) which is covered by a gas-permeable, hydrophobic membrane (Column 4, Lines 50-55). Pedicini teaches the hole and membrane as part of a vent system which exhausts gases generated within a battery while preventing excess water loss or gain within the battery (Column, Lines 5-11). Pedicini teaches it is desirable to release hydrogen generated during the operation of the cell in order to relieve pressure but it is undesirable to vent water vapor generated inside the cell, as this could result in electrolyte leakage and the cell drying out. Pedicini further teaches it is desirable to prevent water and contaminates from entering the cell from the atmosphere, which mitigates cell failure due to flooding (Columns 7-8, Paragraphs 45-65 and 1-25, respectively). Thus, the gas-permeable, hydrophobic membrane of Pedicini is considered to be permeable to gas but impermeable to vapor.
To summarize, Wakabayashi teaches fume ventilation holes in each of the first, second, and third films of the gas-ventilating member, while Pedicini teaches the covering of the fume ventilation holes (gas exit holes) by a gas permeable, hydrophobic membrane. 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 gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film of Wakabayashi to incorporate the teachings of Pedicini in which the films are gas-permeable, hydrophobic members that are permeable to gas and impermeable to vapor. Doing so would advantageously result in pressure relief inside the cell while mitigating electrolyte leakage and dry out, introduction of contaminants into the cell, and cell failure due to flooding, as recognized by Pedicini.
Regarding claim 2, Wakabayashi teaches the gas-exhausting apparatus according to claim 1, wherein the first through hole is one of a plurality of first through holes distributed to be spaced apart from one another on the first connecting member, a connecting portion is formed between two adjacent first through holes, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
The “connecting portion configured to attach to the surface of the gas-ventilating member facing the inside of the battery cell” defines the connecting portion by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection (notably the connecting portion in contact with the surface of the gas-ventilating member facing the inside of the battery cell shown in the annotated figure above), and therefore would be capable of performing in the manner claimed.
Regarding claim 4, Wakabayashi teaches the gas-exhausting apparatus according to claim 1, wherein the second through hole is one of a plurality of second through holes distributed to be spaced apart from one another on the second connecting member, a connecting portion is formed between two adjacent second through holes, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
The “connecting portion configured to attach to the surface of the gas-ventilating member facing away from the battery cell” defines the connecting portion by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection (notably the connecting portion in contact with the surface of the gas-ventilating member facing away from the battery cell shown in the annotated figure above), and therefore would be capable of performing in the manner claimed.
Regarding claim 5, Wakabayashi teaches the gas-exhausting apparatus according to claim 4, wherein the second connecting member comprises a main body region and a gas-exhausting region, the gas-exhausting region comprises the plurality of second through holes and the connecting portion, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
The “main body region is configured to connect the gas-exhausting body” defines the main body region by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection (notably the main body region in contact with the gas-exhausting region shown in the annotated figure above), and therefore would be capable of performing in the manner claimed.
Wakabayashi teaches one part of the gas-ventilating member facing away from the inside of the battery cell is attached to the main body region, another part of the gas-ventilating member is attached to the connecting portion, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
Wakabayashi teaches an orthographic projection of at least one of the main body region and the connecting portion on the gas-ventilating member covers the orthographic projection of the first through hole on the gas-ventilating member, as shown in the annotated Figure below.
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Regarding claim 6, Wakabayashi teaches the gas-exhausting apparatus according to claim 1. As discussed above, Wakabayashi teaches a gas-exhausting body (case 2 including upper case 2A, lower case 2B, and opening 26 on surface of surface plate 21 of upper case 2A) and a gas-exhausting mechanism (stack of plane perforated plates 5A and intermediate perforated plates 5B).
As shown in the annotated Figure below, Wakabayashi teaches the gas-exhausting body is provided separately from the gas-exhausting mechanism, and the gas-exhausting mechanism is connected to the gas-exhausting body through the second connecting member.
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Annotated Figure 7 of Wakabayashi
Regarding claim 7, Wakabayashi teaches the gas-exhausting apparatus according to claim 6, wherein the gas-exhausting body comprises a third through hole (expansion space 25 and direction changing portion 29) extending in an axial direction of the first through hole, as shown in the annotated Figure below.
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Annotated Figure 7 of Wakabayashi
The “the third through hole is configured to accommodate at least a part of the gas-exhausting mechanism” defines the third through hole by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection (notably the third through hole extending in an axial direction of the first through hole and accommodating the gas-exhausting mechanism, as show above), and therefore would be capable of performing in the manner claimed.
Regarding claim 8, Wakabayashi teaches the gas-exhausting apparatus according to claim 7, wherein the third through hole is a stepped hole, the third through hole comprises a first hole segment, a second hole segment, and a first stepped surface, as shown in the annotated Figure below.
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Annotated Figures of Wakabayashi
The “the first stepped surface is configured to support one of the first connecting member and the second connecting member” defines the first stepped surface by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 8. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection, and therefore would be capable of performing in the manner claimed.
As shown in the annotated Figure above, Wakabayashi also teaches the first stepped surface connecting a hole wall of the first hole segment with a hole wall of the second hole segment. The hole wall of the first hole segment and the hole wall of the second hole segment are interpreted by the examiner consistent with the specification and the drawings, shown below, indicating any wall of the first hole segment and any wall of the second hole segment, respectively. The first stepped surface connecting the aforementioned hole walls is interpreted consistent with the specification (Paragraph 0059) and the drawings, shown below, wherein intervening layers are present between the first hole segment and the second hold segment in the connection by the first stepped surface.
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Annotated Figure 9 of the Instant Disclosure
Regarding claim 9, Wakabayashi teaches the gas-exhausting apparatus according to claim 8, wherein the third through hole further comprises a third hole segment (Figure 7, Element 25) and a second stepped surface, as shown in the annotated Figure below.
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Annotated Figures of Wakabayashi
The “the second stepped surface is configured to support another one of the first connecting member and the second connecting member” defines the second stepped surface by what it does (see above 112(b) interpretation), rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 9. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection, and therefore would be capable of performing in the manner claimed.
As shown in the annotated Figure above, Wakabayashi also teaches the second stepped surface connects the hole wall of the second hole segment with a hole wall of the third hole segment.
The hole wall of the second hole segment and the hole wall of the third hole segment are interpreted by the examiner consistent with the specification and the drawings, shown below, indicating any wall of the second hole segment and any wall of the third hole segment, respectively. The second stepped surface connecting the aforementioned hole walls is interpreted consistent with the specification (Paragraph 0059) and the drawings, shown below, wherein intervening layers are present between the second hole segment and the third hold segment in the connection by the second stepped surface.
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Annotated Figure 9 of the Instant Disclosure
Regarding claim 21, Wakabayashi teaches the gas-exhausting apparatus according to claim 1, wherein an accommodating cavity (interior of case accessed via opening) (Paragraphs 0052-0053) is formed at an inside of the gas-exhausting body (case) (Figure 5, Element 2), the gas-exhausting body comprises a plurality of walls (Figure 5, Elements 2A and 2B) (Figure 5, Elements 21, and 24) forming the accommodating cavity (Paragraph 0046), and at least one of the walls is provided with the gas-exhausting mechanism (Paragraph 0052), as shown in the annotated figure below.
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Annotated Figure 7 of Wakabayashi
Regarding claim 24, as discussed above in the rejection of claim 1 in view of Wakabayashi, Wakabayashi teaches:
A gas-exhausting apparatus for a battery cell, comprising:
a gas-exhausting body; and
a gas-exhausting mechanism, arranged in the gas-exhausting body, wherein:
the gas-exhausting mechanism comprises a connecting assembly and a gas- ventilating member;
the connecting assembly is configured to connect the gas-exhausting body;
the connecting assembly comprises a first connecting member and a second connecting member;
the first connecting member is provided with a first through hole for communicating with an inside of the battery cell;
the second connecting member is provided with a second through hole for communicating with an outside of the battery cell;
the gas-ventilating member is configured to communicate with the first through hole and the second through hole and exhaust gas to the outside of the battery cell through the first through hole and the second through hole when a gas pressure of the inside of the battery cell reaches a threshold value;
the first connecting member is configured to attach to a surface of the gas- ventilating member facing the inside of the battery cell, the second connecting member is configured to attach to a surface of the gas-ventilating member facing away from the inside of the battery cell, and an orthographic projection of the first through hole on the gas- ventilating member and an orthographic projection of the second through hole on the gas- ventilating member are arranged to be staggered from each other;
the gas-ventilating member comprises a first gas-ventilating film, a second gas- ventilating film, and a third gas-ventilating film arranged to be stacked with one another in an axial direction of the first through hole, a surface of the first gas-ventilating film facing the inside of the battery cell is attached to the first connecting member, a surface of the third gas-ventilating film facing away from the inside of the battery cell is attached to the second connecting member, and a gas-ventilating amount of the second gas- ventilating film is greater than a gas-ventilating amount of the first gas-ventilating film and a gas-ventilating amount of the third gas-ventilating film.
As discussed above in the rejection of claim 7 in view of Wakabayashi, Wakabayashi teaches:
the gas-exhausting body comprises a third through hole extending in an axial direction of the first through hole, and the third through hole is configured to accommodate at least a part of the gas- exhausting mechanism.
As discussed above in the rejection of claim 8 in view of Wakabayashi, Wakabayashi teaches:
the third through hole is a stepped hole, the third through hole comprises a first hole segment, a second hole segment, and a first stepped surface, the first stepped surface connects a hole wall of the first hole segment with a hole wall of the second hole segment, and the first stepped surface is configured to support one of the first connecting member and the second connecting member.
Thus, Wakabayashi teaches the instant claimed limitations.
Claim(s) 1, 18-20, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (Chinese Patent Publication No. 113644351) in view of Wakabayashi and Pedicini.
Regarding claim 1, Liu teaches gas-exhausting apparatus for a battery cell (Abstract), comprising: a gas-exhausting body (exhaust hole); and a gas-exhausting mechanism (exhaust hole), arranged in the gas-exhausting body (Abstract).
Liu teaches the gas-exhausting mechanism comprises a connecting assembly (first and second rubber plates) (Figure 5, Elements 19 and 21) and a gas-ventilating member (the second waterproof and breathable membrane) (Figure 5, Element 20);
The “connecting assembly is configured to connect the gas-exhausting body” defines the connecting assembly by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Liu teaches the connecting assembly, including the first rubber plate, “fixedly connected” to the first waterproof and breathable membrane, which is arranged on the inner side wall of the gas-exhausting body (exhaust hole) (Paragraph 18), and is therefore considered to connect the gas-exhausting body or would be capable of performing in the manner claimed.
Liu teaches the connecting assembly comprises
a first connecting member (first rubber plate) (Figure 5, Element 19) and
a second connecting member (second rubber plate) (Figure 5, Element 21);
the first connecting member is provided with a first through hole (first circular holes) (Figure 5, Element 22) for communicating with an inside of the battery cell (Paragraph 57);
the second connecting member is provided with a second through hole (second circular holes) (Figure 5, Element 23) for communicating with an outside of the battery cell (Paragraph 57);
Liu teaches gas of a certain pressure requiring discharge when the battery is in use. Liu teaches the gas entering the first through hole is then passed to the second waterproof and breathable membrane (gas ventilating member) before being discharged through the second through holes (Paragraphs 57-59).
The “gas-ventilating member configured to communicate with the first through hole and the second through hole and exhaust gas to the outside of the battery cell through the first through hole and the second through hole when a gas pressure of the inside of the battery cell reaches a threshold value” defines the gas-ventilating member by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Liu teaches the gas-ventilating member sandwiched between the first and second connecting members as shown in the annotated figure below, and therefore would be capable of performing in the manner claimed.
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Annotated Figure 5 of Liu
Liu teaches
the first connecting member is configured to attach to a surface of the gas-ventilating member facing the inside of the battery cell, the second connecting member is configured to attach to a surface of the gas-ventilating member facing away from the inside of the battery cell, as shown in the annotated Figure below.
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Annotated Figure 5 of Liu
Liu teaches an orthographic projection of the first through hole on the gas-ventilating member and an orthographic projection of the second through hole on the gas-ventilating member are arranged to be staggered from each other (Paragraph 78 and Figure 5).
Liu is silent as to the gas-ventilating member comprises a first gas-ventilating film, a second gas- ventilating film, and a third gas-ventilating film arranged to be stacked with one another in an axial direction of the first through hole, a surface of the first gas-ventilating film facing the inside of the battery cell is attached to the first connecting member, a surface of the third gas-ventilating film facing away from the inside of the battery cell is attached to the second connecting member, and a gas-ventilating amount of the second gas-ventilating film is greater than a gas-ventilating amount of the first gas-ventilating film and a gas- ventilating amount of the third gas-ventilating film.
However, Wakabayashi discloses a battery pack including a case hold battery cells, the case having discharge valve that opens when an internal pressure exceed a set pressure, which sends gas toward a flameproof cover including a plurality of fume ventilation holes to expel gas from the case (Paragraph 0009). Wakabayashi teaches an embodiment of the casing where an opening is formed on the surface plate and closed with a stack of perforated plates to reduce the energy of discharge gas as it is expelled (Paragraphs 0052-0053). Wakabayashi teaches the layers of perforated plates of the stack with an expansion gap (Element 8) between each layer, resulting in a plurality of expansion gaps formed. Wakabayashi teaches that adiabatic expansion of the discharged gas in the expansion gap causes temperature of the discharged gas to drop (Paragraph 0055).
Wakabayashi teaches the fume ventilation holes (Figures 5-10; Element 27) can be made small to increase the permeation resistance of the discharged gas however if the fume ventilation holes are too small, the fume ventilation holes do not allow the discharged gas to be smoothly expelled out of case (Paragraph 0055). Wakabayashi teaches a range for the inner diameter of the through holes (Paragraph 0055) and a range for the thickness of the perforation plate which may be adjusted to control the length of the through hole (Paragraph 0056). Wakabayashi teaches that a larger length of the through hole increases permeation resistance of the discharged gas which in turn, reduces the energy of the discharged gas (Paragraph 0059). Wakabayashi teaches that the number and size (diameter and length) of the through holes may be varied to control the energy of the discharged gas prior to expulsion, such as many smaller fume ventilation holes or a few larger fume ventilation holes are provided (Paragraph 0056).
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 gas-ventilating member of Liu to incorporate a multi-layer structure of Wakabayashi, as shown in Figure 9 of Wakabayashi. Doing so would advantageously result in additional opportunities for adiabatic expansion and reduction in temperature as discharged gas is expelled from the casing, as recognized by Wakabayashi.
Absent unexpected results, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to optimize the gas-ventilating amount of the first, second, and third gas-ventilating films of Liu in view of Wakabayashi since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involved only routine skill in the art. See MPEP 2144.05. In the present invention, one would have been motivated to optimize the quantity and size (diameter and thickness) of the through holes and the thickness of the perforation plates (gas-ventilating films) in order to control the permeation resistance and expulsion energy of the gas through the gas-ventilating member to obtain a gas-ventilating amount of the second gas-ventilating film greater than a gas-ventilating amount of the first gas-ventilating film and a gas-ventilating amount of the third gas-ventilating film, meeting the instant claimed limitation.
The result of this modification is Liu in view of Wakabayashi teaching the gas-ventilating member comprises a first gas-ventilating film, a second gas-ventilating film, and a third gas-ventilating film arranged to be stacked with one another in an axial direction of the first through hole, a surface of the first gas-ventilating film facing the inside of the battery cell is attached to the first connecting member, a surface of the third gas-ventilating film facing away from the inside of the battery cell is attached to the second connecting member, and a gas-ventilating amount of the second gas-ventilating film is greater than a gas-ventilating amount of the first gas-ventilating film and a gas- ventilating amount of the third gas-ventilating film, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
As discussed above, Liu in view of Wakabayashi teaches the release of gas from inside the battery cell via holes provided in the first, second, and third gas-ventilating films, meeting the instant claimed limitation of the first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film are permeable to gas.
Liu is silent as to the first gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film being impermeable to vapor.
However, Pedicini discloses a vent for an electrochemical cell comprising at least one gas exit hole (Column 3, Lines 35-45) which is covered by a gas-permeable, hydrophobic membrane (Column 4, Lines 50-55). Pedicini teaches the hole and membrane as part of a vent system which exhausts gases generated within a battery while preventing excess water loss or gain within the battery (Column, Lines 5-11). Pedicini teaches it is desirable to release hydrogen generated during the operation of the cell in order to relieve pressure but it is undesirable to vent water vapor generated inside the cell, as this could result in electrolyte leakage and the cell drying out. Pedicini further teaches it is desirable to prevent water and contaminates from entering the cell from the atmosphere, which mitigates cell failure due to flooding (Columns 7-8, Paragraphs 45-65 and 1-25, respectively). Thus, the gas-permeable, hydrophobic membrane of Pedicini is considered to be permeable to gas but impermeable to vapor.
To summarize, Wakabayashi teaches fume ventilation holes in each of the first, second, and third films of the gas-ventilating member, while Pedicini teaches the covering of the fume ventilation holes (gas exit holes) by a gas permeable, hydrophobic membrane. 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 gas-ventilating film, the second gas-ventilating film, and the third gas-ventilating film of Liu in view of Wakabayashi to incorporate the teachings of Pedicini in which the films are gas-permeable, hydrophobic members that are permeable to gas and impermeable to vapor. Doing so would advantageously result in pressure relief inside the cell while mitigating electrolyte leakage and dry out, introduction of contaminants into the cell, and cell failure due to flooding, as recognized by Pedicini.
Regarding claim 18, Wakabayashi teaches the battery cell, comprising the gas-exhausting apparatus according to claim 1 (Paragraph 47) (Figure 2, Element C).
Regarding claim 19, Wakabayashi teaches a battery, comprising: the battery cell according to claim 18, and a housing body (aluminum-plastic packaging film), configured to accommodate the battery cell (Figure 2, Elements 1 and 4).
Regarding claim 20, Wakabayashi teaches an electricity-consuming apparatus, comprising the battery according to claim 19.
The “battery configured to provide an electric power” defines the battery by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 20. See MPEP 2173.05(g). Liu teaches the claimed structure as stated in the above rejection, as well as a positive electrode, negative electrode, and electrolyte, and therefore would be capable of performing in the manner claimed.
Regarding claim 22, Wakabayashi teaches the gas-exhausting apparatus according to claim 1, wherein the gas-exhausting body (exhaust hole) is an end cover (upper surface) of the battery cell (Figure 2, Paragraph 14).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi and Pedicini as applied to claim 1-2, 4-9, 21, and 24 above, and further in view of Liu (Chinese Patent Publication No. 113644351 A).
Regarding claim 3, Wakabayashi teaches the gas-exhausting apparatus according to claim 2, wherein the first connecting member comprises a main body region and a gas-exhausting region, the gas-exhausting region comprises the plurality of first through holes and the connecting portion, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
The “main body region is configured to connect the gas-exhausting body” defines the main body region by what it does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim 1. See MPEP 2173.05(g). Wakabayashi teaches the claimed structure as stated in the above rejection (notably the main body region in contact with the gas-exhausting region shown in the annotated figure above), and therefore would be capable of performing in the manner claimed.
Wakabayashi teaches one part of the surface of the gas-ventilating member facing the inside of the battery cell is attached to the main body region, another part of the surface of the gas-ventilating member is attached to the connecting portion, as shown in the annotated Figure below.
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Annotated Figure 9 of Wakabayashi
Wakabayashi is silent as to an orthographic projection of at least one of the main body region and the connecting portion on the gas-ventilating member covers the orthographic projection of the second through hole on the gas-ventilating member.
However, Liu discloses a package for a lithium cell including an exhaust hole formed in the packaging including and an exhaust assembly arranged in the exhaust hole to achieve gas emission (Abstract). Liu teaches the exhaust component responsible for discharging gas generated inside the packaging film through a first waterproof breathable film (Figure 5, Element 19) and a second waterproof breathable film (Figure 5, Element 21), including circular holes (Figure 5, Elements 23-24). Liu teaches the first and second circular holes in a staggered configuration, which prevents damage to the waterproof films due to excessive air pressure during exhaust (Paragraph 31).
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 arranged the first and second through holes of Wakabayashi to incorporate the teachings of Liu in which they are staggered. Doing so would advantageously result in the reduction of damage to the waterproof films (first and second connecting members) during gas exhaust, as recognized by Liu. The result of this modification of Wakabayashi by Liu is an orthographic projection of at least one of the main body region and the connecting portion on the gas-ventilating member covers the orthographic projection of the second through hole on the gas-ventilating member, meeting the instant claimed limitation.
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Annotated Figure 5 of Liu
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi and Pedicini as applied to claim 1-2, 4-9, 21, and 24 above, and further in view of Qin (European Patent Publication No. 3540815 A1).
Regarding claim 10, Wakabayashi teaches the gas-exhausting apparatus according to claim 1.
Wakabayashi teaches the perforated plate (second connecting member) is weldedly connected (fixed via a welding structure) to the opening in the surface plate (part of the gas-exhausting body) (Paragraph 0053).
As shown in the annotated figure below, Wakabayashi teaches a gap is formed between the gas-ventilating member and the gas-exhausting body in a radial direction of the first through hole.
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Annotated Figure 9 of Wakabayashi
Wakabayashi is silent as to the gas-exhausting body comprises a concave portion recessed in an axial direction of the first through hole, one of the first connecting member and the second connecting member is formed on a bottom wall of the concave portion, the gas-ventilating member is located in the concave portion, and another one of the first connecting member and the second connecting member is at least partially located in the concave portion and provided separately from the gas-exhausting body.
However, Qin discloses a battery module comprising a housing, battery stack, cover plate assembly, and a guiding component. Qin teaches the guiding component comprising an exhaust port (Abstract). Qin teaches the cover plate assembly including a deformable plate (Paragraph 0026). Qin teaches a first vent plate on each battery cell which directs gas formed inside the battery to the deformable plate via the exhaust port (Paragraph 0008).
Qin teaches the cover plate assembly (equated with instant gas-exhausting body) including a concave recess portion into which the deformable plate is disposed (Paragraph 0033). Qin teaches the advantage of a concave portion of the cover plate being the reduction in the space between the deformable plate and the first vent plate, which provides a shorter path for the gas to travel, effectively preventing fire and explosion (Paragraph 0035).
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 gas-exhausting body of Wakabayashi to incorporate the teachings of Qin to include a recessed concave portion. Doing so would advantageously reduce the distance for buildup gas to travel, resulting in a fewer fires and explosions, as recognized by Qin. One of ordinary skill would recognize that by concaving the surface plate (Element 21) downward, the gas-exhausting apparatus comprising the perforated plates of Wakabayashi that are fixed to the surface plate (Paragraph 0053) would also be shifted downward. This would result in the reduction in the size of the expansion space (Element 25), as recognized by Qin.
The result of the modification is illustrated in the annotated Figure below, meeting the claimed limitation of the gas-exhausting body comprises a concave portion recessed in an axial direction of the first through hole, the second connecting member is formed on a bottom wall of the concave portion, the gas-ventilating member is located in the concave portion, and another one (see above 112b rejection for interpretation) of the first connecting member and the second connecting member is at least partially located in the concave portion and provided separately from the gas-exhausting body
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Annotated Figure of 7 of Wakabayashi to Include the Teachings of Qin
Claims 14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi and Pedicini as applied to claim 1-2, 4-9, 21, and 24 above, and further in view of Hwang (U.S. Patent Publication No. 2023318126 A1)
Regarding claim 14, Wakabayashi teaches the gas-exhausting apparatus according to claim 1.
Wakabayashi teaches the second gas-ventilating film is one of two or more second gas-ventilating films located between the first gas-ventilating film and the third gas-ventilating film, and the two or more second gas-ventilating films are stacked in the axial direction, as shown in the annotated figure below.
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Annotated Figure 9 of Wakabayashi
Wakabayashi teaches the plurality of perforated plates in the stack can be comprised of a variety of different materials, such as a thermoplastic resin like polycarbonate, nylon resin, silicone resin, or polyimide resin (Paragraph 0054).
Wakabayashi is silent as to a melting point of the second gas-ventilating film is higher than a melting point of the first gas-ventilating film and a melting point of the third gas-ventilating film.
However, Hwang discloses a secondary battery including an electrode assembly and a case configured to accommodate the electrode assembly, the case comprising a vent region formed in at least a portion of the case. Hwang teaches a vent member inserted into the vent region having a structure of three or more resin layers, wherein a first resin in a lowermost layer, a second resin in an uppermost layer, and a third resin in a middle layer (Abstract). Hwang teaches the vent member formed by laminating the resin layers and then fusing them with an adhesive such as glue (Paragraph 0089). Hwang teaches the middle (third) layer having a higher melting point than the second resin and the second resin is a resin having a higher melting point than the first resin (Paragraph 0011). Therefore, Hwang teaches the middle third layer, equated with the instant second gas-ventilating film having a higher melting pointer than either of the first or second resin layers (instant first and third gas ventilating films). Hwang teaches the plurality of venting layers stacked, laminated, and fused with melting points as such so that it is possible to induce gas to be discharged to the vent region and improve the rigidity of the vent member, thereby improving, the safety of the battery (Paragraph 0047).
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 gas-ventilating films of Wakabayashi to incorporate the teachings of Hwang in which the gas-ventilation layers are fused with an adhesive (chemical bond) and the melting point of the second gas-ventilating film is higher than the melting point of the first gas-ventilating film and the melting point of the third gas-ventilating film, meeting the instant claimed limitations of claim 16. Doing so would advantageously result in the ability to induce gas to be discharged to the vent region and improve the rigidity of the vent member, thereby improving, the safety of the battery, as recognized by Hwang.
Regarding claim 23, Wakabayashi teaches the gas-exhausting apparatus according to claim 1.
As described above in the rejection of claim 1, Wakabayashi teaches a plurality of perforated plates are stacked together, including plane perforated plates (Element 5A) and intermediate perforated plates (Element 5B) such that the fume ventilation holes are arranged at locations non-counter to each other and an expansion gap of constant size are provided between perforated plates. Wakabayashi teaches that as indicated in Figures 9 and 10, three plane perforated plates 5 A and two intermediate perforated plates 5 B are stacked together, thus forming a five-layer stack structure. Plane perforated plate 5 A are placed respectively on both surfaces and in the middle of the stack structure, while intermediate perforated plates 5 B are placed respectively between plane perforated plates 5 A (Paragraph 0059).
However, Wakabayashi teaches generally that a plurality of perforated plates are stacked (Paragraph 0053) in order to form three or more odd-numbered layers.
Therefore, Wakabayashi is open to the addition of additional layers of perforated plates in the stack, so long as the final stack comprises three or more odd-numbered layers. Thus, Wakabayashi teaches that
One of ordinary skill in the art would have been motivated to provide two or more second gas-ventilating films located between the first gas-ventilating film and the third gas-ventilating film in the axial direction, in order to provide additional opportunities for the discharged gas to reduce its energy, as recognized by Wakabayashi (Paragraph 0053). The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP 2144.04.
Wakabayashi is silent as to a melting point of the second gas-ventilating film is higher than a melting point of the first gas-ventilating film and a melting point of the third gas-ventilating film.
However, Hwang discloses a secondary battery including an electrode assembly and a case configured to accommodate the electrode assembly, the case comprising a vent region formed in at least a portion of the case. Hwang teaches a vent member inserted into the vent region having a structure of three or more resin layers, wherein a first resin in a lowermost layer, a second resin in an uppermost layer, and a third resin in a middle layer (Abstract). Hwang teaches the vent member formed by laminating the resin layers and then fusing them with an adhesive such as glue (Paragraph 0089). Hwang teaches the middle (third) layer having a higher melting point than the second resin and the second resin is a resin having a higher melting point than the first resin (Paragraph 0011). Therefore, Hwang teaches the middle third layer, equated with the instant second gas-ventilating film having a higher melting pointer than either of the first or second resin layers (instant first and third gas ventilating films). Hwang teaches the plurality of venting layers stacked, laminated, and fused with melting points as such so that it is possible to induce gas to be discharged to the vent region and improve the rigidity of the vent member, thereby improving, the safety of the battery (Paragraph 0047).
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 gas-ventilating films of Wakabayashi to incorporate the teachings of Hwang in which the gas-ventilation layers are fused with an adhesive (chemical bond) and the melting point of the second gas-ventilating film is higher than the melting point of the first gas-ventilating film and the melting point of the third gas-ventilating film, meeting the instant claimed limitations of claim 16. Doing so would advantageously result in the ability to induce gas to be discharged to the vent region and improve the rigidity of the vent member, thereby improving, the safety of the battery, as recognized by Hwang.
Wakabayashi teaches the plurality of perforated plates in the stack can be comprised of a variety of different materials, such as a thermoplastic resin like polycarbonate, nylon resin, silicone resin, or polyimide resin (Paragraph 0054). Therefore, Wakabayashi teaches two or more second gas-ventilating films (additional perforated plates added above) are made of the same material, namely a resin, meeting the instant claimed limitations.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi and Pedicini as applied to claim 1-2, 4-9, 21, and 24 above, and further in view of Hwang and Qin.
Regarding claim 16, Wakabayashi teaches the gas-exhausting apparatus according to claim 1.
As discussed above in the modification of Wakabayashi in view of Hwang, 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 gas-ventilating films of Wakabayashi to incorporate the teachings of Hwang in which adjacent layers of a ventilating assembly are fused with an adhesive (chemical bond), meeting the instant claimed limitation of the gas ventilating member connected to the at least one of the first connecting member and the second connecting member through a chemical bond.
Wakabayashi is silent as to a concave portion provided on one of the first connecting member and the second connecting member, the concave portion is formed by depressing a surface of the one of the first connecting member and the second connecting member in a direction away from the other one, the gas-ventilating member is at least partially accommodated in the concave portion, and each of a bottom wall and a side wall of the concave portion abuts against the gas-ventilating member.
However, as discussed above, Qin discloses a battery module comprising a housing, battery stack, cover plate assembly, and a guiding component. Qin teaches the advantage of a concave portion of the cover plate being the reduction in the space between the deformable plate and the first vent plate, which provides a shorter path for the gas to travel, effectively preventing fire and explosion (Paragraph 0035).
The ordinary artisan would recognize that by depressing the first connecting member away from the second connecting member the desirable quality of a shorter path for the gas to travel taught by Qin would be established, specifically a reduced size of the expansion space of Wakabayashi.
Therefore, it would have been equally as obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first connecting member of Wakabayashi to incorporate the teachings of Qin in which a concave portion is formed in order to minimize the path length of the discharged gas. Doing so would achieve the advantageous result of preventing fire and explosion, as recognized by Qin.
The result of the modification is illustrated in the annotated Figure below, meeting the claimed limitation of a concave portion provided on one of the first connecting member, the concave portion is formed by depressing a surface of the first connecting member in a direction away from the second connecting member, the gas-ventilating member is at least partially accommodated in the concave portion, and each of a bottom wall and a side wall of the concave portion abuts against the gas-ventilating member.
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Annotated Figure of 7 of Wakabayashi to Include the Teachings of Qin
Cited Art Not Relied Upon
Serizawa (U.S. Patent Publication No. 20120244420 A1) teaches an enclosure which accommodate the laminated electrode body including at least one concave portion (Abstract) which promotes the release of built up gas (Paragraph 0038).
Response to Arguments
On page 13 of the Remarks filed February 11th, 2026, applicant argues that with respect to claim 9, “another one of the first connecting member and the second connecting member” is clear when read in light of its dependency from claim 8, namely referring to the other connecting member not supported by the first stepped surface recited in claim 8.
Applicant’s arguments have been fully considered by are not found persuasive.
In response to applicant’s arguments, the Examiner acknowledges applicant’s explanation that the intended connecting member of claim 9 is referring to the connecting member not referred to by claim 8.. However, as written, claim 8 recites “the first stepped surface is configured to support one of the first connecting member and the second connecting member.” The “and” in this claim leaves the first stepped surface open to the possibility of supporting the first connecting member and the second connecting member. Further, while applicant argues that claim 9 is referring to “the other connecting member”, the “another one of the first connecting member and the second connecting member” recited in claim 9 includes another, not other as argued by applicant. The use of another in the claim language seemingly indicates an additional first connecting member and an additional second connecting member to the first and second connecting members described in claim 8. The Examiner recommends amending the instant claim to better reflect the meaning provided in the arguments.
On page 14 of the Remarks filed February 11th, 2026, applicant argues that with respect to claim 10, “another one of the first connecting member and the second connecting member” is clear when read as a whole.
Applicant’s arguments have been fully considered by are not found persuasive.
In response to applicant’s arguments, the Examiner acknowledges applicant’s explanation that the intended connecting member of claim 10 is referring to the connecting member different from the one formed on the bottom wall. Further, while applicant argues that claim 10 is referring to “the other connecting member”, the “another one of the first connecting member and the second connecting member” recited in claim 10 includes another, not other as argued by applicant. The use of another in the claim language seemingly indicates an additional first connecting member and an additional second connecting member. Thus, the interpretation of the claim language does not align with applicant’s explanation. The Examiner recommends amending the instant claim to better reflect the meaning provided in the arguments.
On page 14 of the Remarks filed February 11th, 2026, applicant argues that with respect to the limitations of claim 17 now incorporated into claim 16, the term "concave," as used in the claim, describes a portion recessed relative to a surrounding surface and does not require a continuous curved geometry. A concave portion may include planar or angled surfaces, including a bottom wall and a side wall, so long as the portion is recessed inwardly. Accordingly, the recitation of a bottom wall and a side wall is fully consistent with the claimed concave portion and does not render the claim unclear.
Applicant’s arguments have been fully considered and are persuasive.
The35 U.S.C. 112(b) rejection of the limitations of claim 17 has been withdrawn.
On pages 15-16 of the Remarks filed February 11th, 2026, applicant argues that with respect to claim 1, Wakabayashi and Liu fails to disclose the amended limitations directed toward the permeability to gas but impermeability to water vapor, as they disclose holes that must be permeable to both gas and water vapor.
Applicant’s arguments have been fully considered by are not found persuasive.
In response to applicant’s arguments, the Examiner presents that a rejection of the amended limitations in the instant claim 1 is presented above in view of Wakabayashi, Liu, and Pedicini.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789