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 .
Election/Restrictions
Applicant's election with traverse of claims 1-20 in the reply filed on 12/8/2023 is acknowledged. The traversal is on the ground(s) that a substantial burden has not been established. This is not found persuasive because of the reasons set forth in the 7/15/2026 further noting that all are generic and examined under the elected species.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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 4, 5-7, and 16-17 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 Claims 4
Limitations of how the apparatus are made, ie “pouched is pierced” are not germane to patentability.
Regarding Claim 5-7, 16, and 17
The claim limitation is improperly narrative and directed at a narrative description of how the apparatus is made, which is further not germane to patentability. It is noted that the actual spiral is not positively claimed as part of the apparatus nor clear where/what said spiral is attached to.
Particularity the following limitation is not tied to sufficient structure and reads as a narrative description of how the apparatus is made:
5. The battery of claim 4, wherein the pouch is pierced at the first end such that the metallic layer contacts the sensor terminal at the first end.
6. The battery of claim 4, wherein the pouch is pierced via a pin having a piercing feature at a piercing end, wherein the piercing feature is disposed about the piercing end in a spiral.
7. The battery of claim 6, wherein the piercing feature is one of a threading extending from a shaft at the piercing end, a set of dimple intrusions arranged in spiral about the shaft at the piercing end, and a set of pin shaped protrusions arranged in a spiral about the shaft at the piercing end.
16. The battery of claim 15, wherein the pouch is pierced at the first end such that the metallic layer contacts the sensor terminal at the first end.
17. The battery of claim 16, wherein the pouch is pierced via a pin having a piercing feature at a piercing end, wherein the piercing feature is disposed about the piercing end in a spiral.
Because of the great deal of confusion and uncertainty as to the proper interpretation of the limitations of the claim(s) 5-7 and 16-17, it is not proper to reject the present claim(s) on the basis of prior art. (See MPEP 2173.06 and In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han US 2024/0339737 in view of Jung-Sup et al. EP2325918A1.
Han teaches:
1. A battery comprising:
a first cell including: an internal energy storage element (battery components of battery cell 100, FIG7) disposed within a sealed pouch (210), the internal energy storage element including an anode terminal extending through the pouch from a first end of the internal energy storage element and a cathode terminal extending through the pouch from a second end of the internal energy storage element, the second end being opposite the first end (see FIG6 electrodes 300 depicted at same end but further alternatively disclosed at opposite ends, see Specification @ [0009])
a conductive element connecting the cathode terminal to a sensor terminal (read on by cable connection terminal connection to 510) on the first end, wherein the conductive element passes internal to at least an outermost layer of the sealed pouch (layer 210, FIG7).
Han fails to teach wherein said cell comprises a plurality of cells arranged in a stack wherein each stack comprises the same cells.
Jung-Sup teaches wherein said cell comprises a plurality of cells arranged in a stack wherein each stack comprises the same cells (see FIGURE 5).
It would have been obvious to use the stack style taught by Jung-Sup in Han with the motivation of the battery stacks higher energy density, lower internal resistance, better lifespan, and better thenal management.
Han further teaches:
2. The battery of claim 1, wherein the conductive element is a wire (wire 530, FIG7) connecting the cathode terminal to the sensor terminal.
3. The battery of claim 2, wherein the wire is connected to the cathode terminal at a cathode tab pouch overlap region (noting that the actual physical limitation claimed is that of a “region” wherein the claim does not recite additional limitations of the overlap and therefore “a cathode tab pouch overlap” is taken as nominal and read on by that region of which the wire resides as shown in FIG7).
4. The battery of claim 1, wherein the conductive element is a metallic layer (read on by the wire 530) of the sealed pouch, and wherein the pouch is pierced (noting that details of how the apparatus made is not germane to patentability) at the second end such that the metallic layer contacts the cathode terminal (read on by said connection regardless of how said connection was actually made).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han US 2024/0339737 in view of Jung-Sup et al. EP2325918A1 in view of Kim et al. US 2025/0125422.
Han fails to teach:
8. The battery of claim 4, wherein the sealed pouch comprises a multi-layer foil having at least an inner layer, a metallic layer exterior to the inner layer, and an outer layer exterior to the metallic layer; and
9. The battery of claim 6, wherein the metallic layer is an aluminum alloy.
Kim teaches a vehicle pouch battery wherein the sealed pouch comprises a multi-layer foil having at least an inner layer, a metallic layer exterior to the inner layer, and an outer layer exterior to the metallic layer; and wherein the metallic layer is an aluminum alloy (see FIG2C and Specification @ [0047] with aluminum alloy taught as an alternative material @ [0067]).
It would have been obvious to use the foil design using aluminum alloy as taught by Kim in Han with the motivation of the designs higher energy density and lighter weight, enhanced safety, excellent electrical and terminal performance and desirable flexible form factor.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han US 2024/0339737 in view of Jung-Sup et al. EP2325918A1 and Absar US 2024/0190276.
Regarding Claim 12. Incorporating all arguments of Claim 1 above, Han further teaches wherein said battery is located within a vehicle (Specification @ [0003]) however fails to teach the well know attributes of electrical vehicles further including:
A vehicle comprising: a battery system electrically coupled to at least a first electric motor, the battery system including a state of charge sensor configured to monitor a state of charge of at least one battery.
Absar teaches the well known EV motor vehicle comprising a battery system electrically coupled to at least a first electric motor, the battery system including a state of charge sensor configured to monitor a state of charge of at least one battery (see FIG2 and @ [0136]).
It would have been obvious to provide a motor and SOC sensor as taught by Absar into the system of Han who teaches an EV but is silent in regard to further details of the EV with the motivation to provide a desirable means of driving the vehicle and knowing the status of the battery in order to determine when to charge.
Han further teaches:
13. The battery of claim 12, wherein the conductive element is a wire (wire 530, FIG7) connecting the cathode terminal to the sensor terminal.
14. The battery of claim 13, wherein the wire is connected to the cathode terminal at a cathode tab pouch overlap region (noting that the actual physical limitation claimed is that of a “region” wherein the claim does not recite additional limitations of the overlap and therefore “a cathode tab pouch overlap” is taken as nominal and read on by that region of which the wire resides as shown in FIG7).
15. The battery of claim 15, wherein the conductive element is a metallic layer (read on by the wire 530) of the sealed pouch, and wherein the pouch is pierced (noting that details of how the apparatus made is not germane to patentability) at the second end such that the metallic layer contacts the cathode terminal (read on by said connection regardless of how said connection was actually made).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han US 2024/0339737 in view of Jung-Sup et al. EP2325918A1 and Absar US 2024/0190276, and Kim et al. US 2025/0125422.
Han fails to teach:
18. wherein the sealed pouch comprises a multi-layer foil having at least an inner layer, a metallic layer exterior to the inner layer, and an outer layer exterior to the metallic layer; and
19. wherein the metallic layer is an aluminum alloy.
Kim teaches a vehicle pouch battery wherein the sealed pouch comprises a multi-layer foil having at least an inner layer, a metallic layer exterior to the inner layer, and an outer layer exterior to the metallic layer; and wherein the metallic layer is an aluminum alloy (see FIG2C and Specification @ [0047] with aluminum alloy taught as an alternative material @ [0067]).
It would have been obvious to use the foil design using aluminum alloy as taught by Kim in Han with the motivation of the designs higher energy density and lighter weight, enhanced safety, excellent electrical and terminal performance and desirable flexible form factor.
Allowable Subject Matter
Claim 10-11 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CAVALLARI whose telephone number is (571)272-8541. The examiner can normally be reached Mon-Fri 0900-18:30.
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/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836
