Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because Fig. 7 does not correlate with what is disclosed in lines 1-2 of [00050] of the specifications. It is respectfully suggested to amend the label “9, 9b” to “9, 9a” in Fig. 7 to correlate with the transverse projections 9a that is on both sides of all of the first electrodes 5a and are connected to conductive element 10, according to [00050]. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “A battery comprising comprising:” in line 1 of the claim. It is respectfully suggested to amend the claim to “A battery comprising:”. Claim 1 also recites “the at least two first and second electrodes being are arranged alternately in the stack” in lines 4-5 of the claim. It is respectfully suggested to amend the claim to “the at least two first and second electrodes are arranged alternately in the stack”
Appropriate correction is required.
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 2-6, 8, and 10-13 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.
Claims 2-6, 8, and 10-13 recite the limitation "conductive element" in each claim. There is insufficient antecedent basis for this limitation in the claims. However, the limitation “thermally conductive element” is recited in line 3 from the end of claim 1, therefore, it is respectfully suggested to amend the limitation “conductive element” to “thermally conductive element” for consistent recitation of the claim limitations and to clearly and exactly define what the conductive element is.
Claim Rejections - 35 USC § 102
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)(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 1-9 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schoenherr et al. (US-20170324125-A1, hereinafter “Schoenherr”).
Regarding claim 1, Schoenherr is directed to a battery pack with a thermally conductive plate that can be cooled or heated and an array of electrochemical cells (Abstract), and discloses that a battery pack comprises:
A cell housing 21 (i.e., a casing) (Fig. 2, lines 1-3 of [0027]);
A stack of negative and positive electrode plates assembled in the cell 20 sealed within cell housing 21 (i.e., a stack arranged within the casing) (Fig. 3, lines 1-3 of [0027] and lines 1-3 of [0030]);
A series of stacked positive electrode plates 61 (i.e., first electrodes) alternating with negative electrode plates 62 (i.e., second electrodes) (i.e., at least two first electrodes and at least two second electrodes, the at least two first and second electrodes being are arranged alternately in the stack) (Fig. 4, lines 1-3 of [0030]). The positive electrode plates 61 are electrically connected to the positive cell terminal portion 86 (i.e., first battery terminal) disposed outside the cell housing 21 (i.e., at least two first electrodes are electrically connected to a first battery terminal, which is integrated into the casing) (Fig. 5, last six lines of [0036]). The negative electrode plates 62 are electrically connected to the negative cell terminal portion 86 (i.e., second battery terminal) disposed outside the cell housing 21 (i.e., at least two second electrodes are electrically connected to a second battery terminal, which is integrated into the casing) (Fig. 5, last six lines of [0040]);
Intermediate separator plates 30 and 32 separating alternatingly positive electrode plates 61 and negative electrode plates 62 (i.e., a separator arranged between each of the alternately arranged at least two first and at least two second electrodes) (Fig. 4, lines 2-4 of [0030]);
The positive electrode plates 61 (i.e., at least two first electrodes and considered the active material layer) connecting via direct contact to the collection portion 72 of the first current collector 70 (lines 13-15 of [0036]), the negative electrode plates 62 (i.e., second electrodes and considered the active material layer) connected via direct contact to the collection portion 72 of the second current collector 71 (lines 9-12 of [0040]), and the pair of current collectors 70 and 71 are electrically and thermally conductive thin plates (i.e., electrically conductive substrate) (i.e., the at least two first and at least two second electrodes each have an electrically conductive substrate and an active material layer on at least one side of the substrate) (Fig. 4 and Fig. 5, [0034] and lines 1-3 of [0035]);
The current collector 70 (i.e., the substrate of the first electrodes) having a transverse projection on a side of the electrode plate 61 (i.e., active material layer) (i.e., the substrate of the first electrodes and/or the second electrodes form a transverse projection on at least one side of the at least one associated active material layer) (Fig. 4, lines 13-15 of [0036]). See the following annotated Fig. 4 from Schoenherr;
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The current collector 70 having a projection in a direction that is transverse to the stack axis (i.e., transverse projections of the substrates) and provides a direct thermal conduction pathway from the electrode plates 61 and 62 to collection portions 72, along the length of the cell terminal portion 86, through the fin portion 78 to the heat sink base 8 (i.e., thermally conductive elements) (i.e., the transverse projections of the substrates of the at least two first electrodes and/or the transverse projections of the substrates of the at least two second electrodes are connected to at least one thermally conductive element) (Fig. 14, [0075]); and
The current collectors providing a direct thermal conduction pathway from the electrode plates 60 and 61 to the exterior of the cell housing 21 (i.e., casing) through the aforementioned thermally conductive elements (i.e., the at least one thermally conductive element contacts the casing and/or forms a section thereof) (Fig. 14, lines 1-4 of [0075]).
Regarding claims 2 and 3, Schoenherr discloses that the collection portion 72 of the first current collector 70 (i.e., thermally conductive element) is electrically and thermally connected via direct contact to a peripheral edge of the positive electrode plates 61 and joins the positive electrode plates 61 to the positive cell terminal portion 86 and base 8 (which meets the recited at least one thermally conductive element that is electrically connected to an associated battery terminal in claim 2 and the recited thermally conductive element that integrates the associated battery terminal in claim 3) (Fig. 14, last six lines of [0036]).
Regarding claim 4, Schoenherr discloses that:
The collection portion 72 of the first current collector 70 (i.e., thermally conductive element and is the first subelement) is electrically connected to the positive electrode plates 61 and joins the positive electrode plates 61 to the positive cell terminal portion 86 (last six lines of [0036]) (i.e., the at least one thermally conductive element comprises a first subelement, which is electrically connected to the associated battery terminal); and
The inner surface of the cell housing 21, which includes the surface of a first side 24 and third side 26, is electrically non-conductive (i.e., electrically insulating and is the second subelement) (lines 4-8 of [0028] and lines 4-5 of [0060]). The direct thermal conduction pathways travels from collection portion 72 along a second path A4 through the cell side 24 and 26 (i.e., thermally conductive elements) to the exterior of the cell housing 21 (i.e., casing) (i.e., comprises a second subelement, which is at least partially electrically insulating or has high-resistance effect and which bridges a distance between the first subelement and the casing) (Fig. 14, [0075]). See the first following annotated Fig. 14 from Schoenherr.
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Regarding claims 5 and 6, Schoenherr discloses an alternative embodiment that comprises:
The first current collector 270, that is a thermally conductive thin plate, including a collection portion 272 (i.e., thermally conductive element) that forms an electrical connection to cell terminal 286 via an opening 29 of the cell housing 21 (i.e., casing) (which meets the recited thermally conductive element that is arranged partially in a through opening of the casing in claim 5 and the recited first section of the thermally conductive element in claim 6) (Fig. 10 and 11, [0055]);
The collection portion 272 (i.e., thermally conductive element) disposed between the electrode assembly 60 and a side of the cell housing 21 (i.e., casing), which is electrically non-conductive according to lines 4-5 of [0060] (i.e., the second section of the thermally conductive element which contacts the casing on the inside, and comprises an electrically insulating or high-resistance effect, and/or seals against a gas passage in claim 6) (Fig. 10, lines 1-3 of [0056]).
Regarding claim 7, Schoenherr discloses a positive clear lane 63 that is used to form an electrical contact with a positive current collector 70 (i.e., substrate of the first electrode) that forms a longitudinal projection on one side of positive electrode plate 61 (i.e., at least one associated active material layer) (i.e., the substrates of the first or second electrodes form a longitudinal projection on one side of the at least one associated active material layer) (Fig. 3, last six lines of [0032]). See the first following annotated Fig. 3 from Schoenherr.
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The first current collector 70, which is disposed at the positive clear lane 63 and forms a longitudinal projection, is electrically connected and joins the positive electrode plates 61 with the positive cell terminal portion 86 disposed outside the cell housing 21 (i.e., casing) (i.e., the
longitudinal projections of the substrates of the first or second electrodes being electrically connected to the associated battery terminal, which is integrated into an adjacent end face of the casing) (Fig. 5, last nine lines of [0036]).
Regarding claim 8, Schoenherr discloses that:
The collection portions 72 (i.e., the substrate of the first electrodes) has a transverse projection on two long sides of the electrode plates 61 (i.e., active material layer) and are connected to elements where the heat travels through (i.e., thermally conductive elements) (i.e., the substrates of the first electrodes form a transverse projection on two long sides of the at least one associated active material layer, wherein the transverse projections are connected to the thermally conductive element or to one thermally conductive element) (Fig. 14, lines 1-7 of [0075]). See the second following annotated Fig. 14 from Schoenherr;
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The clear lane 65 is in electrical contact with the negative current collector 71 (i.e., substrate) and is on the edge of negative electrode plates 62 (i.e., second electrode) (i.e., the substrates of the second electrodes form the longitudinal projection) (Fig. 3, last six lines of [0033]). See the second following annotated Fig. 3 from Schoenherr;
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Regarding claim 9, Schoenherr discloses a positive electrode plate 61 (i.e., cathode active material) and that the first current collector 70 (i.e., substrate) is formed of aluminum ([0044]) (i.e., the first electrodes have a cathode active material and/or a substrate made of aluminum).
Regarding claim 11, Schoenherr discloses that the current collector 70 (i.e., thermally conductive element) has a dimension in the direction that is transverse to the stack axis and is in the range of 30% to 98% of the cell side 24 (i.e., the at least one conductive element covers an assigned side of the stack by at least 50% or at least 75%) (Fig. 14, last seven lines of [0005] and [0075]).
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.
Claims 10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schoenherr as applied to claim 1 above and in view of Ovshinksy et al. (WO-9831059-A1, hereinafter “Ovshinksy”).
Regarding claim 10, Schoenherr does not disclose that at least one thermally conductive element is rigid.
Ovshinksy is directed to mechanical and thermal improvements in battery and battery pack designs (pg. 1, lines 9-5) and discloses that the battery case 2 is preferably formed from any material which is thermally conductive and mechanically strong and rigid such as a metal (pg. 14, lines 18-20) (i.e., at least one thermally conductive element is rigid).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Schoenherr by making the thermally conductive element rigid as taught by Ovshinksy because a rigid thermally conductive element is mechanically strong and can support the other elements in the battery pack (Ovshinksy, pg. 14, lines 18-20).
Regarding claim 13, Schoenherr does not disclose that the casing has a filling opening in a section that adjoins the at least one thermally conductive element and/or integrates a pressure relief valve.
Ovshinksy discloses that the terminals 7 and 8, which are very efficient dissipaters of heat (pg. 16, lines 25-27) (i.e., thermally conductive element), includes a pressure vent (i.e., pressure relief valve) for releasing the internal pressure of the battery to the surrounding atmosphere via opening 15 (i.e., filling open), all located in case top 3 (i.e., the casing has a filling opening in a section that adjoins the at least one conductive element and/or integrates a pressure relief valve) (Fig. 4 and Fig. 5, lines 7-8 of pg. 16, lines 7-12 of pg. 17).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Schoenherr by incorporating a filling opening in a section that adjoins at least one thermally conductive element and integrates a pressure relief valve as taught by Ovshinksy because a pressure release vent can release excessive pressure from the interior of the battery and prevent excessive pressure buildup within the battery (Ovshinksy, lines 1-12 of pg. 17).
Regarding claims 14 and 15, Schoenherr does not disclose that the battery terminal is electrically insulated from the casing in claim 14 or that the terminal is connected to the casing in a high-resistance manner in claim 15.
Ovshinksy discloses a shroud 14 that is crimped around the seal 10 and sealing lip 11 of the battery terminal 7 and 8 to form an electrically non-conductive pressure seal between the battery terminals and case top 3 (pg. 15, lines 26-29) (which meets the battery terminal that is electrically insulated from the casing in claim 14 and that the battery is connected to the casing in a high-resistance manner in claim 15).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Schoenherr by electrically insulating the battery terminal from the casing and connecting the battery terminal to the casing in a high-resistance manner as taught by Ovshinksy because the electrically insulating and high-resistance connection between the battery terminal and the casing can prevent unwanted electricity from conducting through the casing from the battery terminal, thereby enabling a safer environment (Ovshinksy, pg. 15, lines 26-29).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schoenherr as applied to claim 1 above and in view of Nakamura (EP-2043189-A1).
Regarding claim 12, Schoenherr does not disclose that at least one thermally conductive element has at least one through opening.
Nakamura is directed to a battery assembly formed by stacking a plurality of unit battery cells with a coolant (Abstract) and discloses that terminal portions T1 and T2 function as heat radiating plates ([0041]) (i.e., thermally conductive element). Openings 60 to 63 (i.e., through openings) are formed in terminal portion T1 (i.e., at least one conductive element has at least one through opening) (Fig. 7, [0057]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Schoenherr by incorporating through openings in the thermally conductive element as taught by Nakamura because through openings formed in thermally conductive elements can guide cooling air, thereby cooling the thermal conductive elements better (Nakamura, [0057]-[0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN N HOANG whose telephone number is (571)270-1950. The examiner can normally be reached Mon-Thurs 7am-4pm, Fri 7-11am.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached at (571) 272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN NGOC-NGOC HOANG/Examiner, Art Unit 1772
/IN SUK C BULLOCK/Supervisory Patent Examiner, Art Unit 1772
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