Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the supply channel in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-12, 14, and 17-20 are objected to because of the following informalities.
Regarding claims 2-9, 11, and 17-20, term “each clamping element” is believed to be in error for - - each of the plurality of the clamping elements - -
Regarding claim 4, recitation “…, the opening configured to allow a flow of gas between the central space and outside the clamping element” is believed to be in error for - - the opening configured to allow a flow of gas between the central space and an outside of the respective clamping element of the plurality of clamping elements. - -
Regarding claim 5, recitation “… a plurality of openings configured to allow a flow of gas between the central space and outside the clamping element” is believed to be in error for - - a plurality of openings configured to allow a flow of gas between the central space and an outside of the respective clamping element of the plurality of clamping elements. - -
Regarding claims 7 and 10, term “gas” is believed to be in error for - - the gas - -
Regarding claim 7, recitation “a mounting end of the clamping element” is believed to be in error for - - a mounting end of the respective clamping element of the plurality of clamping elements - -
Regarding claim 8, recitation “each mounting portion extends inwardly beyond the peripheral outer portion wall of the clamping element to form a mounting portion rim” is believed to be in error for - - each of the respective mounting portions extends inwardly beyond the peripheral outer portion wall of each of the plurality of clamping elements to form a mounting portion rim - -
Regarding claim 10, recitation “each of the central spaces of the clamping elements” is believed to be in error for - - each of the plurality of clamping elements - -
Regarding claim 12, recitation “wherein each clamping element is rotatably mounted at the clamping face of the support part to allow for rotation of the clamping element about a rotation axis substantially normal to the clamping face” is believed to be in error for - - wherein each of the plurality of clamping elements is rotatably mounted at the clamping face of the support part to allow for rotation of each of the plurality of clamping elements about a respective rotation axis substantially normal to the clamping face - -
Regarding claim 14, recitation “each of the clamping elements” is believed to be in error for - - each of the plurality of clamping elements - -
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 19 is 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 19, recitation “wherein each clamping element has an angle between the mounting end and the peripheral outer wall of between 90° and 70°” is not supported by the specification because:
i) according to Fig. 4 and [0071], the clamping element comprises a peripheral outer wall 112, and a mounting end 108 of the peripheral outer wall 112 mounted to the support part 102, and per [0012 and 003], an angle (theta in Fig. 4) between a mounting end plane (a horizontal plane in Fig. 4) and the peripheral outer wall 112 is between 90° and 70°;
ii) in claim 2, which claim 19 depends, a mounting end is defined as a component of each clamping element that mounted to the support part, which is the disclosed mounting end 108 of the peripheral outer wall 112 in Fig. 4
iii) however, in claim 19, the claim language required an angle formed between the mounting end and the peripheral outer wall is between 90° and 70°, which is not disclosed by the specification, and thus, claim 19 is rejected as new matter.
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 1-20 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 1 and its dependents, recitation “A clamping apparatus for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array, the clamping apparatus comprising: … wherein each of the plurality of clamping elements is arranged to provide a compressive force” is indefinite because:
i) it is unclear whether the two claimed compressive forces refer to a) the same compressive force; or b) two different types of compressive forces;
ii) it is also unclear whether a) each of the plurality of clamping elements is arranged to provide a respective compressive fore; or b) the plurality of clamping element are arranged to provide a common/total compressive fore.
Regarding claim 2, recitation “wherein each clamping element comprises: … a contact end configured to engage a connection tab to be laser welded” is unclear whether the connection tab in claim 2 i) is a connection tab of the plurality of connection tabs previously claimed in claim 1; or ii) is an additional tab that does not belong to the plurality of connection tabs previously claimed in claim 1. The same rejection is also applied to limitation “a connection tab” in claim 5.
Regarding claim 5, recitation “… a plurality of contact protrusions configured to … allow for application of pressure to the connection tab” is unclear whether the claimed pressure in claim 5 refers to i) any of the two compressive forces previously claimed in claim 1; or ii) an additional pressure different from the two previously claimed compressive forces.
Regarding claim 7, it is unclear whether term “wherein each clamping element is configured to receive gas supplied into the central space via a plurality of dedicated arc shaped gas channels of the support part arranged around a mounting end of the clamping element” is unclear whether i) the previously claimed at least one corresponding gas channel in claim 6 is a plurality of dedicated arc shaped gas channels; or ii) the preciously claimed plurality of gas channels in claim 6 are a plurality of dedicated arc shaped gas channels arranged around a mounting end; or iii) a plurality of dedicated arc shaped gas channels are additional gas channels that are different from the preciously claimed plurality of gas channels in claim 6.
Regarding claim 8 and its dependent, recitation “the at least one corresponding gas channel is located through the mounting portion rim” is unclear whether i) the at least one corresponding gas channel of each of the plurality of clamping elements is located through the mounting portion rim of each of the plurality of clamping elements (plural); or ii) the at least one corresponding gas channel of one clamping element of the plurality of clamping elements is located through the mounting portion rim of the one clamping element of the plurality of clamping elements (singular).
Regarding claim 11, recitation “wherein each clamping element is mounted at the clamping face of the support part via a corresponding spring element, the spring elements configured to compress as the clamping apparatus is positioned to cause the clamping elements to provide the compressive forces” is indefinite because:
i) it is unclear whether “the spring elements” refers to a) all of the corresponding spring elements, or b) a portion of the corresponding spring elements;
ii) it is unclear whether “the clamping elements” refers to a) all of the plurality of clamping elements, or b) a portion of the plurality of clamping elements;
iii) it is unclear whether “the compressive forces” refers to a) any of the two compressive forces previously claimed in claim 1; or b) different compressive forces (e.g., the compressive forces that caused by a portion of the corresponding spring elements).
Regarding claim 13 and its dependents,
i) recitation “laser welding a busbar assembly to a plurality of electrical cells, the method comprising: … using the clamping apparatus of claim 1 to provide, …" is indefinite because the claim is claiming both an apparatus (the clamping apparatus in claim 1) and the method steps of using the apparatus (using the clamping apparatus of claim 1 to provide). Per MPEP 2173.05(p), subsection II, "A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011)”;
ii) it is unclear whether any of the claimed limitations, i.e., “a busbar assembly”, “a plurality of electrical cells”, “a plurality of connection tabs”, “the cell array”, “a corresponding terminal”, and “a corresponding electrical cell” in claim 13 refers to a) the previously claimed limitations in claim 1, i.e., “a busbar assembly”, “a plurality of connection tabs”, “a corresponding terminal”, “an electrical cell”, and “a cell array”; or b) different structures other than the ones previously claimed in claim 1;
iii) it is further unclear what is the relationship between “a plurality of electrical cells” and “the cell array”, e.g., the plurality of electrical cells forms the cell array; or the cell array comprises electrical cells that are in addition to the plurality of electrical cells;
iv) it is unclear whether “a compressive force” in claim 13 refers to a) any of the two previously claimed compressive forces in claim 1; or b) a different compressive fore;
v) it is further unclear whether “a compressive force” and “pressure” in claim 13 refers to each other or they are two difference type of forces.
Regarding claims 14, 17, and 19, term “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 15,
i) it is unclear whether any of the claimed limitations, i.e., “a busbar assembly”, “a cell array”, “a plurality of electrical cells”, “a plurality of connection tabs”, “a corresponding terminal”, and “a corresponding electrical cell” in claim 15 refers to a) the previously claimed limitations in claim 1, i.e., “a busbar assembly”, “a plurality of connection tabs”, “a corresponding terminal”, “an electrical cell”, and “a cell array”; or b) different structures other than the ones previously claimed in claim 1;
ii) it is further unclear what is the relationship between “a plurality of electrical cells” and “a cell array”, e.g., the plurality of electrical cells forms the cell array; or the cell array comprises electrical cells that are in addition to the plurality of electrical cells;
iii) it is unclear whether “a compressive force” in claim 15 refers to a) any of the two previously claimed compressive forces in claim 1; or b) a different compressive fore;
iv) it is further unclear whether “a compressive force” and “pressure” in claim 13 refers to each other or they are two difference type of forces.
Regarding claim 16, term “optionally” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 19, even in light of the specification, recitation “wherein each clamping element has an angle between the mounting end and the peripheral outer wall of between 90° and 70°” is indefinite because:
i) according to Fig. 4 and [0071], the clamping element comprises a peripheral outer wall 112, and a mounting end 108 of the peripheral outer wall 112 mounted to the support part 102, and per [0012 and 003], an angle (theta in Fig. 4) between a mounting end plane (a horizontal plane in Fig. 4) and the peripheral outer wall 112 is between 90° and 70°;
ii) in claim 2, which claim 19 depends, a mounting end is defined as a component of each clamping element that mounted to the support part, which is the disclosed mounting end 108 of the peripheral outer wall 112 in Fig. 4;
iii) however, in claim 19, the claim language required an angle is formed between the mounting end and the peripheral outer wall, and according to the specification, the disclosed mounting end 108 is a distal end of the peripheral outer wall 112, and the peripheral outer wall 112 has a truncated conical shape, i.e., no angle is form on the peripheral outer wall at the mounting end, and thus, the claim language is confusing and cannot be interpreted.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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 1-4, 6, 11, and 17 are rejected under 35 U.S.C 102(a)(2) as being anticipated by REINGRUBER 20230035654.
Regarding claim 1, REINGRUBER teaches the invention as claimed: A clamping apparatus (6, Figs. 1-3) for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array (It is noted, "(statement of intended use in an apparatus claim did not distinguish over the prior art apparatus). To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)", MPEP 2111.02(II), in this case, limitation "for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array" is for intended use, and per Figs. 1-3 and [0035-0038], 6 is able to be used as claimed), the clamping apparatus comprising:
a support part (8) having a clamping face (annotated Fig. 2); and
a plurality of clamping elements (7s) supported on the support part (8) and extending from the clamping face (see annotated Fig. 2),
wherein each of the plurality of clamping elements (each 7) is arranged to provide a compressive force (via spring 12, see Fig. 2), and wherein each of the plurality of clamping elements (each 7) comprises a peripheral outer wall (annotated Fig. 2) and a central space (annotated Fig. 2) configured to allow passage of laser light (5 in Fig. 1, which is also marked in annotated Fig. 2) therethrough to perform laser welding ([0055]).
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Regarding claim 2, REINGRUBER further teaches wherein each clamping element (each 7) comprises: a mounting end (annotated Fig. 2) configured to mount on the support part (8); and a contact end (annotated Fig. 2) configured to engage a connection tab (2, which per [0031] has a strip shape) to be laser welded, wherein the mounting end (annotated Fig. 2) is larger than the contact end (annotated Fig. 2; per [0054], each 7 has a conical shape as shown in Fig. 2).
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Regarding claim 3, REINGRUBER further teaches wherein each clamping element (each 7) has a truncated conical shape (the contact end part in annotated Fig. 2 in claim 2, also see [0054]).
Regarding claim 4, REINGRUBER further teaches wherein each clamping element (each 7) comprises an opening (annotated Fig. 2) through the peripheral outer wall (annotated Fig. 2), the opening (annotated Fig. 2) configured to allow a flow of gas (the process gas per [0073]) between the central space and outside the clamping element (per [0073], said process gas is introduced from an outside of each 7 into the peripheral outer wall of each 7).
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Regarding claim 6, REINGRUBER further teaches wherein the support part (8) comprises a plurality of gas channels (per [0073], the sleeves of each 7 forms an inlet to receive a process gas into the peripheral wall, see annotated Fig. 2, and thus the plurality of inlets corresponding to the plurality of clamping elements 7s are the claimed plurality of gas channels), and wherein each clamping element (each 7) is configured to receive a gas (the process gas per [0073]) supplied into the central space (see annotated Fig. 2 in claim 4) via at least one corresponding gas channel (the respective inlet to each 7) of the plurality of gas channels of the support part (8).
Regarding claim 11, REINGRUBER further teaches wherein each clamping element (each 7) is mounted at the clamping face (annotated Fig. 2 in claim 1) of the support part (8) via a corresponding spring element (12), the spring elements (the plurality of 12s corresponding to the plurality of 7s, see Fig. 2) configured to compress as the clamping apparatus (6, Fig. 1) is positioned to cause the clamping elements (the plurality of 7s) to provide the compressive forces (in order to press connection piece 2 and battery cell 3 together, see Fig. 1-2 and [0047-0048]).
Regarding claim 17, REINGRUBER further teaches wherein each clamping element (each 7) is formed of an insulating material (non-electrically conductive, e.g., plastic, [0053]).
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, and 12 are rejected under 35 U.S.C 102(a)(1) as being anticipated by JIANG CN107030405A.
Regarding claim 1, JIANG teaches the invention as claimed: A clamping apparatus (2, Figs. 1-2) for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array (It is noted, "(statement of intended use in an apparatus claim did not distinguish over the prior art apparatus). To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)", MPEP 2111.02(II), in this case, limitation "for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array" is for intended use, and per Figs. 3 and 6-8 and p. 5, ll. 4-6 and p. 6, ll. 4-7, apparatus 2 is able to be used as claimed), the clamping apparatus comprising:
a support part (2) having a clamping face (annotated Fig. 3); and
a plurality of clamping elements (32s) supported on the support part (2) and extending from the clamping face (see annotated Fig. 3),
wherein each of the plurality of clamping elements (each 32) is arranged to provide a compressive force (via springs 34), and wherein each of the plurality of clamping elements (each 32) comprises a peripheral outer wall (annotated Fig. 8) and a central space (31, see Fig. 7) configured to allow passage of laser light therethrough to perform laser welding (per p. 5, ll. 26-29, a respective hole corresponding to each 32 is facilitate the welding head to process, and thus, the 31 of each 32 as shown in Fig. 7 allows a laser light to pass through for welding).
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Regarding claim 5, JIANG further teaches wherein each clamping element (each 32) comprises a contact end (annotated Fig. 8) configured to be located on a connection tab to be laser welded (per p. 6, ll. 15-18, the contact end marked in annotated Fig. 8 comprising 36s to press the connecting piece to the pole together, and thus, the contact end comprising the structure that is able to perform the claimed function), wherein the contact end (annotated Fig. 8) is castellated to provide:
a plurality of contact protrusions (36s) configured to contact the connection tab to be laser welded and allow for application of pressure to the connection piece (per p. 6, ll. 15-18, 36s is the structure that is able to perform the claimed function); and
a plurality of openings (openings formed between two adjacent 36s, see Fig. 8) configured to allow a flow of gas between the central space and outside the clamping element (as shown in Figs. 7-8 and per p. 6, ll. 15-18, when 36s presses the connection piece and the pole together, the abutting surfaces of 36s contacts the connection piece, the openings formed between two adjacent 36s are able to provide a fluid communication between the central space 31 and an outside of each 32s, and thus, said openings are able to perform the claimed function).
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Regarding claim 12, JIANG further teaches wherein each clamping element (each 32) is rotatably mounted (due to a pair of springs 34 in Fig. 3, a respective compressive force is respectively provided to a distal end of the each 32 that cases tilting of each 32 when the two respective compressive force are not equal) at the clamping face (annotated Fig. 3) of the support part (2) to allow for rotation of the clamping element about a rotation axis (annotated Fig. 3) substantially normal to the clamping face (annotated Fig. 3).
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Claim 1, 6, 8, and 10 are rejected under 35 U.S.C 102(a)(1) as being anticipated by UNANNOUNCED INVENTOR CN111037093A.
Regarding claim 1, UNANNOUNCED INVENTOR teaches the invention as claimed: A clamping apparatus (comprising 12 and 14) for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array (It is noted, "(statement of intended use in an apparatus claim did not distinguish over the prior art apparatus). To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)", MPEP 2111.02(II), in this case, limitation "for use in a laser welding system to provide compressive force to a plurality of connection tabs of a busbar assembly and press each connection tab of the plurality of connection tabs onto a corresponding terminal of an electrical cell of a cell array" is for intended use, and per Figs. 1-7 and p. 1, ll. 32-35 and p. 8, ll. 1-3, apparatus comprising 12 and 14 is able to be used as claimed), the clamping apparatus comprising:
a support part (12 and 142, Fig. 1) having a clamping face (142); and a plurality of clamping elements (144s, Figs. 1 and 5) supported on the support part (142 part) and extending from the clamping face (see Fig. 7),
wherein each of the plurality of clamping elements (each 144) is arranged to provide a compressive force (via spring 146, see Fig. 5), and wherein each of the plurality of clamping elements (each 144) comprises a peripheral outer wall (1443, Fig. 5) and a central space (1442, Fig. 2) configured to allow passage of laser light therethrough to perform laser welding (p. 7, ll. 33-39).
Regarding claim 6, UNANNOUNCED INVENTOR further teaches wherein the
support part (12 and 142, Fig. 1) comprises a plurality of gas channels (two 1424 at 142 part, see Figs. 3 and 7 and p. 12, ll. 1-7), and wherein each clamping element (each 144) is configured to receive a gas (provided by 124, Fig. 1 and p. 12, ll. 9-15) supplied into the central space (1442) via at least one corresponding gas channel (the respective 1424 connected to the respective 1442, see Fig. 7) of the plurality of gas channels of the support part (at 142 part).
Regarding claim 8, UNANNOUNCED INVENTOR further teaches wherein: the peripheral outer wall (1443) of each clamping element (each 144) is mounted at a respective mounting portion (1421 and 1423, see Figs. 5 and 7) of the clamping face (142) of the support part (12 and 142); each mounting portion (at the extending portion in annotated Fig. 5) extends inwardly beyond the peripheral outer wall (1443) of the clamping element (144) to form a mounting portion rim (annotated Fig. 7); and the at least one corresponding gas channel (1424) is located through the mounting portion rim (see annotated Fig. 7).
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Regarding claim 10, UNANNOUNCED INVENTOR further teaches wherein the support part (12 and 142, Fig. 1) comprises a supply channel (124, Fig. 1) connected to the plurality of gas channels (1424s, Fig. 3), the supply channel (124, Fig. 1) configured to allow supply of gas to each of the central spaces (each 1442) of the clamping elements (p. 12, ll. 17-26).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over REINGRUBER 20230035654 in view of ZOLLINGER 20220040788.
Regarding claim 7, REINGRUBER further teaches wherein each clamping element (each 7) is configured to receive gas (the process gas per [0073-0074]) supplied into the central space (annotated Fig. 2) via the at least one corresponding gas channel (the respective inlet to each 7) of the support part (8) arranged around a mounting end (annotated Fig. 2) of the clamping element (each 7).
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REINGRUBER does not teach the at least one corresponding gas channel is a plurality of dedicated arc shaped gas channels.
However, ZOLLINGER teaches a gas guide (21c, Figs. 1 and 4-5) mounting to an element (22c) at a mounting end (where 21c connected to 22c, see Fig. 4) of the element (22c) and forming a plurality of dedicated arc shaped gas channels (a plurality of 26c, Fig. 5 and [0042]) arranged around the mounting end of the element (see Fig. 4) and configured to supply gas (having gas flow 20c, see Fig. 5) into a central space (where S is in Fig. 5) of the element.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide REINGRUBER with ZOLLINGER’s gas guide mounting to the mounting end of the clamping element and forming a plurality of dedicated arc shaped gas channels, such that
wherein each clamping element is configured to receive gas supplied into the central space via a plurality of dedicated arc shaped gas channels of the support part arranged around a mounting end of the clamping element
in order to prevent turbulence in the gas flow and improve laser cutting/welding edge (ZOLLINGER, [0003-0005]).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over REINGRUBER 20230035654 in view of Kennedy 20210391602.
Regarding claim 13, REINGRUBER further teaches A method (performed by welding device 1 in Fig. 1 and [0077]) of laser welding a busbar assembly (connector 2, which per [0030] is a bus bar has a sheet/strip shape) comprising a plurality of connection portions (the portion of connector 2 respectively pressed against to and welded to each 3) to a plurality of electrical cells (a plurality of 3s), the method comprising:
locating the busbar assembly (connector 2, which per [0030] is a bus bar) on a welding face (where the pols of cells 3 are, see Figs. 1-2 and [0031]) of the cell array (forming by the plurality of 3s), wherein each of the plurality of connection portions (the portion of connector 2 respectively pressed against to and welded to each 3) is located on a corresponding terminal (the respective pole) of a corresponding electrical cell (the respective 3, see [0031]);
using the clamping apparatus (6) to provide, via the plurality of clamping elements (7s), a compressive force (a respective compressive force via the respective spring 12, see Fig. 2) to each connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) and press the connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) onto the corresponding terminal (the respective pole, see Figs. 1-2 and [0031]); and
laser welding (via laser light 5) each connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) to the corresponding terminal (the respective pole, see Figs. 1-2 and [0031]) during application of pressure (the respective compressive force via the respective spring 12) by the clamping apparatus (6).
REINGRUBER does not teach said plurality of connection portions are a plurality of connection tabs.
However, Kennedy teaches a busbar assembly (58) comprising a plurality of connection tabs (74s and 76s, Fig. 8), wherein each of the plurality of connection tabs (74s and 76s) is welded on a corresponding terminal (52 or 54) of a corresponding electrical cell (50) of a plurality of electrical cells that forms a cell array (14, Fig. 1 and [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the disclosed but non-depicted plurality of connection portion of REINGRUBER to be Kennedy’s plurality of connection tabs correspondingly welded to the plurality of terminals of the plurality electrical cells because it is noted that the use of a known prior art structure, in this case the use of plurality of connection tabs, to obtain predictable results, in this case to electrically connecting the plurality of electrical cells as taught by Kennedy, was an obvious extension of prior art teachings MPEP 2141 III A.
Regarding claim 15, REINGRUBER further teaches A control system (the control system of operating welding device 1 in Fig. 1) comprising one or more controllers (e.g., the controller for controlling movement of clamping apparatus 6 and the controller for controlling on/off and/or movement of laser weld head 4), the control system configured to control a laser welding system (1) to perform a welding process to laser weld a busbar assembly (connector 2, which per [0030] is a bus bar has a sheet/strip shape) to a cell array (formed by a plurality of 3s) comprising a plurality of electrical cells (3s), by:
locating the busbar assembly (connector 2, which per [0030] is a bus bar) comprising a plurality of connection portions (the portion of connector 2 respectively pressed against to and welded to each 3) on a welding face (where the pols of cells 3 are, see Figs. 1-2 and [0031]) of the cell array (forming by the plurality of 3s), wherein each of the plurality of connection portions (the portion of connector 2 respectively pressed against to and welded to each 3) is located on a corresponding terminal (the respective pole) of a corresponding electrical cell (the respective 3, see [0031]);
using the clamping apparatus (6) to provide, via the plurality of clamping elements (7s), a compressive force (a respective compressive force via the respective spring 12, see Fig. 2) to each connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) and press the connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) onto the corresponding terminal (the respective pole, see Figs. 1-2 and [0031]); and
laser welding (via laser light 5) each connection portion (the portion of connector 2 respectively pressed against to and welded to each 3) to the corresponding terminal (the respective pole, see Figs. 1-2 and [0031]) during application of pressure (the respective compressive force via the respective spring 12) by the clamping apparatus (6).
REINGRUBER does not teach said plurality of connection portions are a plurality of connection tabs.
However, Kennedy teaches a busbar assembly (58) comprising a plurality of connection tabs (74s and 76s, Fig. 8), wherein each of the plurality of connection tabs (74s and 76s) is welded on a corresponding terminal (52 or 54) of a corresponding electrical cell (50) of a plurality of electrical cells that forms a cell array (14, Fig. 1 and [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the disclosed but non-depicted plurality of connection portion of REINGRUBER to be Kennedy’s plurality of connection tabs correspondingly welded to the plurality of terminals of the plurality electrical cells because it is noted that the use of a known prior art structure, in this case the use of plurality of connection tabs, to obtain predictable results, in this case to electrically connecting the plurality of electrical cells as taught by Kennedy, was an obvious extension of prior art teachings MPEP 2141 III A.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over REINGRUBER 20230035654 in view of Kennedy 20210391602, and in further view of GERMAN 20190168338.
Regarding claim 14, REINGRUBER further teaches providing a protective gas (the process gas, [0017]) in the central space (annotated Fig. 2 in claim 1) of each of the clamping elements (each 7) during the laser welding (via laser light 5, Fig. 1).
REINGRUBER in view of Kennedy does not teach said protective gas is an inert gas that is Argon.
However, GERMAN teaches an inert gas comprising argon is provided during laser welding as a protective gas ([0003]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide REINGRUBER in view of Kennedy with GERMAN’s inert gas comprising argon in order to prevent oxidation of the weld and to shield a laser arc from outside contaminants and gases (GERMAN, [0003]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over REINGRUBER 20230035654 in view of NORTH 20220181752.
Regarding claim 16, REINGRUBER further teaches the clamping apparatus (6) comprises between 2 and 500 clamping elements (per [0079], one cell 3 corresponds to one 7, and per [0037], the cell array comprises between 2 and 500 cells).
REINGRUBER does not teach the clamping apparatus comprises between 20 and 100 clamping elements.
However, NORTH teaches a cell array (a battery pack) comprising a plurality of electrical cells (430), wherein a number of the plurality of electrical cells is determined by a total required voltage of the cell array ([0031]).
A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,8 (CCPA 1977). Therefore, an ordinary skilled worker would recognize that a number of the plurality of electrical, which corresponding to a number of the plurality of clamping elements, is a results-effective variable that controls a total required voltage of the cell array. Thus, the claimed limitation of the clamping apparatus comprises between 20 and 100 clamping elements is found to be an obvious optimization of the prior art obtainable by an ordinary skilled worker through routine experimentation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the plurality of clamping elements of REINGRUBER to have the clamping apparatus comprising between 20 and 100 clamping elements, as it involves only adjusting a number of the plurality of electrical cells of REINGRUBER disclosed to require adjustment.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify REINGRUBER with NORTH’s adjusting the number of the plurality of electrical cells according to the required total voltage of the cell array, such that wherein the clamping apparatus comprises between 20 and 100 clamping elements.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over REINGRUBER 20230035654 in view of Torosyan 20190326623.
Regarding claim 18, REINGRUBER does not teach wherein each clamping element is a three-dimensional printed clamping element.
However, Torosyan teaches each of a plurality of clamping elements (each 300/400, in Figs. 3A-4B) is a three-dimensional printed clamping element ([0035]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide REINGRUBER with Torosyan’s three-dimensional printing to manufactural the plurality of clamping elements in order to add for strength and flexibility (Torosyan, [0035]).
Regarding claim 20, REINGRUBER further teaches each clamping element (each 7) has an internal dimension (annotated Fig. 2) across the contact end (annotated Fig. 2) through a central point (on the central axis in annotated Fig. 2) of contact end face (where 7 contact 2), wherein the internal dimension is determined by a diameter of the electrical cell (per [0054], the diameter of the contact end face of 7 is equal to a free diameter of the corresponding terminal of the corresponding cell) and the laser beam landing location/area (the diameter of the contact end may be lager to prevent blocking laser beam, [0055-0056]) in order to achieve a better spot welding ([0054-0055]), wherein the electrical cell is lithium-ion battery ([0029]).
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REINGRUBER does not teach said internal dimension is between 5mm and 9mm.
However, Torosyan teaches lithium-ion battery cell has a cylindrical shape with a diameter of between 18.6mm and 21mm.
A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,8 (CCPA 1977). Therefore, an ordinary skilled worker would recognize that the internal dimension of the contact end, which determined by a diameter of the electrical cell and laser beam location/area, is a results-effective variable that controls the quality of spot welding. Thus, the claimed limitation of an internal dimension across the contact end through a central point of contact end face of between 5 mm and 9 mm is found to be an obvious optimization of the prior art obtainable by an ordinary skilled worker through routine experimentation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the clamping element of REINGRUBER to have an internal dimension across the contact end through a central point of contact end face of between 5 mm and 9 mm, as it involves only adjusting the size of clamping element of REINGRUBER disclosed to require adjustment.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify REINGRUBER with Torosyan to have an internal dimension across the mounting end through a central point of the mounting end of between 10 mm and 15 mm in order to achieve a better spot welding.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over UNANNOUNCED INVENTOR CN111037093A in view of JIANG CN107030405A.
Regarding claim 9, UNANNOUNCED INVENTOR further teaches a contact end (annotated Fig. 5) of each clamping element (each 144).
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UNANNOUNCED INVENTOR does not teach a contact end of each
clamping element comprises a plurality of contact protrusions and a plurality of openings alternately arranged around the contact end.
However, JIANG teaches a contact end (where 36s are, see Fig. 9) of each
clamping element (each 32) comprises a plurality of contact protrusions (four protrusions 36s) and a plurality of openings (the openings formed between each of the two adjacent 36s, and there are four said openings) alternately arranged around the contact end (see Fig. 9).
it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify UNANNOUNCED INVENTOR with JIANG’s contact end comprises six contact protrusions and six openings alternately arranged around
the contact end in order to facilitate the compression of the connecting piece and the pole to each other and improve the quality of welding (JIANG, p. 6, ll. 12-18 and p. 7, ll. 1-8).
UNANNOUNCED INVENTOR in view of JIANG does not teach the plurality of contact protrusion is six protrusions and the plurality of openings is six openings.
However, it has been held In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. In this case, additional protrusions (using six instead of four) and openings (using six instead of four) produce the expected result of having the ability to facilitate the compression of the connecting piece and the pole to each other.
Conclusion
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/JINGCHEN LIU/Examiner, Art Unit 3741
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