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, limitation “a peripheral spring portion located around at least an outer portion of the peripheral outer wall at the mounting end of the corresponding clamping element” in claim 5; limitation “the at least one spring finger portion is bent so that the elongated connection tab portion is in a different plane to the clamping face, toward the clamping face; and the clamping element is mounted on the elongated connection tab portion” in claim 10; and limitation “the at least one spring finger portion is bent so that the elongated connection tab portion and the clamping face are in substantially parallel planes; and the clamping element is mounted on the end connection tab portion” in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 312b in [0103].
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 1-8, 12-13, 16, and 18 are objected to because of the following informalities.
Regarding claim 1, recitation “each of the plurality of clamping elements is mounted on a respective spring element of the plurality of spring elements; each of the plurality of clamping elements is arranged to provide a compressive force to a respective connection tab of a busbar assembly when a compressive force is applied to the support part, to press each respective connection tab onto a corresponding terminal of an electrical cell of a cell array; and each spring element is configured to compress when the compressive force is applied to the support part and when the corresponding clamping element mounted on the spring element contacts the respective connection tab to be laser welded” is believed to be in error for
- - each of the plurality of clamping elements is mounted on a respective spring element of the plurality of spring elements; each of the plurality of clamping elements is arranged to provide a compressive force to a respective connection tab of a busbar assembly the respective connection tab onto a corresponding terminal of an electrical cell of a cell array when a compressive force is applied to the support part; and each of the plurality of spring elements is configured to compress when the compressive force is applied to the support part and when [[the]]a corresponding clamping element of the plurality of clamping elements mounted on the respective spring element of the plurality of spring elements contacts the respective connection tab of the busbar assembly to be laser welded - -
Regarding claims 2-6, 16, and 18, term “each clamping element” is believed to be in error for - - each of the plurality of clamping elements - -
Regarding claims 3-5, 7-8, and 12-13, term “each spring element” is believed to be in error for - - each of the plurality of spring elements - -
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 2-7, 9-12, 14-16, and 18-20 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 2 and its dependents,
i) it is unclear whether term “the spring element” refers to a) the respective spring element that the corresponding clamping element mounted on as previously claimed in claim 1; or b) a different spring element in addition to the respective spring element;
ii) it is unclear whether term “a connection tab” refers to a) the respective connection tab previously claimed in claim 1; or b) a different connection tab in addition to the respective connection tab; and
iii) it is unclear whether term “corresponding spring element” refers to a) the respective spring element that the corresponding clamping element mounted on as previously claimed in claim 1; or b) a different spring element in addition to the respective spring element, it is noted that the same rejection is also applied to term “the corresponding spring element” for claim 3 and its dependent, claim 4, and claim 5;
iv) it is unclear term “each” of the recitation “each clamping element and corresponding spring element comprise a central space” applies to a) only “clamping element”; or b) both or “clamping element” and “corresponding spring element”, and it is further unclear recitation “each clamping element and corresponding spring element comprise a central space” requires a) a first central space and a second central space respectively comprised by the clamping element and the corresponding spring element; or b) a common central space comprised by both of the clamping element and the corresponding spring element.
Regarding claim 4, i) it is unclear whether recitation “each spring element comprises a plurality of spring finger portions” means a) the previously claimed at least one spring finger portion in claim 3 is a plurality of spring finger portions; or b) in addition to the previously claimed at least one spring finger portion in claim 3, each spring element further comprises a plurality of spring finger portions; and ii) 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 5, it is unclear whether term “the spring finger portion” refers to i) the previously claimed corresponding spring finger; or ii) a different spring finger in addition to the corresponding spring finger; and ii) 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 6, due to the ambiguity of term “central space” of claim 2, it is unclear whether term “a rotation axis” refers to i) a respective rotation axis; or ii) a common rotation axis.
Regarding claim 7, i) it is unclear whether term “the spring element” of recitation “a partial portion of the spring element” refers to a) the respective spring element that the corresponding clamping element mounted on as previously claimed in claim 1; or b) a different spring element in addition to the respective spring element; and ii) it is further unclear term “the spring element” of recitation “when the corresponding clamping element mounted on the spring element contacts the respective connection tab to be laser welded” refers to which spring element.
Regarding claim 9 and its dependent,
i) it is unclear whether recitation “a plurality of individual spring plates each corresponding to a respective clamping element of the plurality of clamping elements; and a common spring plate comprising a plurality of spring elements corresponding to the plurality of clamping elements” applies to a) each of the plurality of spring element previously claimed in claim 1; or b) just one spring element of the previously claimed plurality of spring element in claim 1;
ii) it is unclear whether “a respective clamping element” refers to a) the previously claimed corresponding clamping element; or b) a different clamping element;
iii) it is unclear whether recitation “wherein the clamping apparatus comprises … a plurality of individual spring plates each corresponding to a respective clamping element of the plurality of clamping elements” means a) the previously claimed spring plate is a respective spring plate corresponding to a respective clamping element; or b) the previously claimed spring plate is a plurality of individual spring plates corresponding to a respective clamping element;
iv) it is unclear whether term “a common spring plate” refers to a) the previously claimed spring plate; or b) the previously spring plate is a part of a common spring plate; and
v) it is unclear whether a plurality of spring elements refers to a) the previously claimed plurality of spring elements; or b) an additional plurality of spring elements.
Regarding claim 10,
i) it is unclear recitation “the at least one spring finger portion comprises an elongated connection tab portion; and the at least one spring finger portion is bent so that the elongated connection tab portion is in a different plane to the clamping face, toward the clamping face” applies to a) each of the plurality of spring element previously claimed in claim 1; or b) just one spring element of the previously claimed plurality of spring element in claim 1;
ii) it is further unclear term “the clamping element” in recitation “the clamping element is mounted on the elongated connection tab portion” refers to which clamping element, e.g., the corresponding clamping element corresponding to the one spring element, each of the plurality of clamping elements.
Regarding claim 11,
i) it is unclear recitation “the at least one spring finger portion comprises an elongated connection tab portion and an end connection tab portion; the at least one spring finger portion is bent so that the elongated connection tab portion and the clamping face are in substantially parallel planes; and the clamping element is mounted on the end connection tab portion” applies to a) each of the plurality of spring element previously claimed in claim 1; or b) just one spring element of the previously claimed plurality of spring element in claim 1
ii) it is further unclear term “the clamping element” in recitation “the clamping element is mounted on the elongated connection tab portion” refers to which clamping element, e.g., the corresponding clamping element corresponding to the one spring element, or each of the plurality of clamping elements.
Regarding claim 12, it is unclear whether term “a linear force” refers to any of the two previously claimed compressive force; or refers to a difference force.
Regarding claim 14,
i) recitation “A method of laser welding a busbar assembly to a plurality of electrical cells, the method comprising: … using the clamping apparatus of claim 1 to provide, via the plurality of clamping elements and corresponding spring elements, a compressive force to each connection tab and press the connection tab onto the corresponding terminal” 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)”; and
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”, “a corresponding electrical cell”, “corresponding spring elements”, “a compressive force”, “each connection tab”, “the connection tab” in claim 14 refers to a) any of the previously claimed limitations in claim 1, i.e., “a busbar assembly”, “a respective connection tab”, “a corresponding terminal”, “an electrical cell”, “a cell array”, “a plurality of spring elements”, “a compressive force to a respective connection tab” and “a compressive force applied to the support part”; or b) different structures other than the ones previously claimed in claim 1.
Regarding claim 15, 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”, “a corresponding electrical cell”, “corresponding spring elements”, “a compressive force”, “each connection tab”, “the connection tab” in claim 15 refers to a) any of the previously claimed limitations in claim 1, i.e., “a busbar assembly”, “a respective connection tab”, “a corresponding terminal”, “an electrical cell”, “a cell array”, “a plurality of spring elements”, “a compressive force to a respective connection tab” and “a compressive force applied to the support part”; or b) different structures other than the ones previously claimed in claim 1.
Regarding claim 16, i) term “the mounting end face” lacks antecedent basis and it is unclear which component said term refers to; and ii) it is unclear whether term “contact end face” refers to the previously claimed contact end in claim 2 or a different component.
Regarding claim 18, i) it is unclear whether term “the clamping element” refers to a) the corresponding clamping element previously claimed in claim 1; or b) a different clamping element; and ii) it is further unclear whether a rotation axis refers to a common axis or a respective axis.
Regarding claim 19, 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 20, i) it is unclear whether term “the spring elements” refers to the plurality of spring elements; or a portion of the plurality of spring elements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 10, 14-15, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Torosyan 20190326623.
Regarding claim 1, Torosyan teaches the invention as claimed: A clamping apparatus (200A in Fig. 2A) for use in a laser welding system (see Fig. 1A and title), the clamping apparatus comprising:
a support part (202) having a clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B);
a plurality of clamping elements (a plurality of 302s in Fig. 3A or a plurality of 402s in Fig. 4A are mounted to 202, see Figs. 2A and 5A-5B) extending from the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B); and
a plurality of spring elements (each of the plurality of spring elements is formed by a pair of 308s in Fig. 3A or a pair of 408s in Fig. 4A), wherein:
each of the plurality of clamping elements (each 302 in Fig. 3A or each 402 in Fig. 4A) is mounted on a respective spring element (a respective pair of 308s in Fig. 3A or a respective pair of 408s in Fig. 4A) of the plurality of spring elements;
each of the plurality of clamping elements (each 302 in Fig. 3A or each 402 in Fig. 4A) is arranged to provide a compressive force (via the respective pair of 308s in Fig. 3A, see [0029], or the respective pair of 408s in Fig. 4A, see [0032]) to a respective connection tab (106 or 108, Fig. 1B) of a busbar assembly (102, Fig. 1B and [0023]) when a compressive force (the force per [0026]) is applied to the support part (202), to press each respective connection tab (106 or 108) onto a corresponding terminal (a positive terminal or a negative terminal, [0023]) of an electrical cell (150, Fig. 1C) of a cell array (54, Fig. 1A); and
each spring element (each pair of 308s in Fig. 3A or each pair of 408s in Fig. 4A) is configured to compress ([0029 and 0032]) when the compressive force (the force per [0026]) is applied to the support part (202) and when the corresponding clamping element (a corresponding 302 in Fig. 3A or a corresponding 402 in Fig. 4A) mounted on the spring element (the respective pair of 308s in Fig. 3A, see [0029], or the respective pair of 408s in Fig. 4A, see [0032]) contacts the respective connection tab (106 or 108, Fig. 1B) to be laser welded (when laser beam passes through the corresponding 302, see Figs. 3A-3B or the corresponding 402, see Figs. 4A-4B).
Regarding claim 2, Torosyan further teaches wherein each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) comprises a mounting end (comprising a pair of 306s in Fig. 5A or a pair of 406s in Fig. 5B) located proximal to the spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B) and a contact end (310 in Fig. 3B or 410 in Fig. 4B) configured to engage a connection tab (106 or 108, Fig. 1B) to be laser welded (when laser beam passes through the corresponding 302, see Figs. 3A-3B or the corresponding 402, see Figs. 4A-4B); and
each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) and corresponding spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B) comprise a central space (a common central space 304 in Fig. 3A or 404 in Fig. 4A) from the mounting end (the pair of 306s in Fig. 5A or the pair of 406s in Fig. 5B) to the contact end (310 in Fig. 3B or 410 in Fig. 4B) to allow of laser light (laser beam, Figs. 3B and 4B) therethrough to perform laser welding (title).
Regarding claim 3, Torosyan further teaches wherein each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) comprises at least one spring finger portion (a 308 in Fig. 3A or a 408 in Fig. 4A) extending inwardly (from a distal end toward to center axis, see demonstration in annotated Fig. 3B) towards the central space (304 in Fig. 3A or 404 in Fig. 4A) of the corresponding clamping element (the corresponding 302 in Fig. 3A or the corresponding 402 in Fig. 4A), and wherein each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) is mounted on the at least one spring finger portion (the 308 in Fig. 3A or the 408 in Fig. 4A) of the corresponding spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B).
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Regarding claim 4, Torosyan further teaches wherein each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) comprises a plurality of spring finger portions (two 308s or two 408s) and each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) is mounted on the plurality of spring finger portions (two 308s or two 408s) of the corresponding spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B).
Regarding claim 5, Torosyan further teaches wherein: each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) comprises a peripheral outer wall (the wall forms 302 or 402, see demonstration in annotated Fig. 3A) extending between the mounting end (the pair of 306s in Fig. 5A or the pair of 406s in Fig. 5B) and the contact end (310 in Fig. 3B or 410 in Fig. 4B); and
each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) comprises: a peripheral spring portion (a peripheral distal end of 308 or a peripheral distal end of 408, see demonstration in annotated Fig. 3A) located around (note: “around” does not mean contacted/coupled/mounted) at least an outer portion of the peripheral outer wall (such peripheral distal of 308 or 408 end circumferentially extending around an outer portion of 302 or 402, see Figs. 3A or 4A) at the mounting end (at where 306 coupled to 302 or where 406 coupled to 402 in the radial direction, see demonstration in annotated Fig. 3B) of the corresponding clamping element (the corresponding 302 in Fig. 3A or the corresponding 402 in Fig. 4A); and a corresponding spring finger portion (a portion of 306 in Fig. 3A or a portion of 406 in Fig. 4A, see demonstration in annotated Fig. 3A) extending from the peripheral spring portion (the peripheral distal end of 308 or the peripheral distal end of 408, see demonstration in annotated Fig. 3A) inwardly towards (note: “toward” does not mean “into”) the central space (304 or 404) of the corresponding clamping element (302 or 402, see Figs. 3A-4B), wherein each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) is mounted on the spring finger portion (the portion of 306 in Fig. 3A or the portion of 406 in Fig. 4A, see demonstration in annotated Fig. 3A) of the corresponding spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B).
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Regarding claim 6, Torosyan further teaches wherein each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) is configured to rotate about a rotation axis (the center axis of 302 or 402, see demonstration in annotated Fig. 3B in claim 3, when the force respectively provided to each of the pair of 308s or each of the pair of 408s has different value, such imbalanced forces causes a tilt, i.e., the claimed rotation, of 302 or 304 relative to the center axis of 302 or 402) oriented centrally through the central space (304 in Fig. 3A or 404 in Fig. 4A).
Regarding claim 7, Torosyan further teaches wherein each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) is configured to compress in a partial portion of the spring element (see [0029 or 0032]) when the compressive force (the force per [0026]) is applied to the support part (202) and when the corresponding clamping element (the corresponding 302 in Fig. 3A or the corresponding 402 in Fig. 4A) mounted on the spring element (the respective pair of 308s, see Fig. 5A, or the respective pair of 408s, see Fig. 5B) contacts the respective connection tab (106 or 108, Fig. 1B) to be laser welded, thereby allowing the corresponding clamping element (the corresponding 302 in Fig. 3A or the corresponding 402 in Fig. 4A) to tilt (when the force respectively provided to each of the pair of 308s or each of the pair of 408s has different value, such imbalanced forces causes a tilt, i.e., the claimed rotation, of 302 or 304 relative to the center axis of 302 or 402) with respect to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B) during clamping.
Regarding claim 10, Torosyan further teaches wherein: the at least one spring finger portion (the 308 in Fig. 3A or the 408 in Fig. 4A) comprises an elongated connection tab portion (a portion of 308 or a portion of 408, see demonstration in annotated Fig. 3A); and the at least one spring finger portion (the 308 in Fig. 3A or the 408 in Fig. 4A) is bent so that the elongated connection tab portion (the portion of 308 or the portion of 408, see demonstration in annotated Fig. 3A) is in a different plane (best seen in Fig. 5A) to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B), toward the clamping face (the portion of 308 extending from 302 toward to recess 212, see Fig. 5A, or the portion of 408 extending from 402 toward to recess 512, see Fig. 5B); and the clamping element (the corresponding 302 in Fig. 3A or the corresponding 402 in Fig. 4A) is mounted on the elongated connection tab portion (the portion of 308 or the portion of 408, see demonstration in annotated Fig. 3A).
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Regarding claim 14, Torosyan further teaches A method (600, Fig. 6) of laser welding a busbar assembly (102) to a plurality of electrical cells (forming cell array 54, Fig. 1A), the method comprising:
locating the busbar assembly (102) comprising a plurality of connection tabs (106 or 108 in Fig. 1B) on a welding face of the cell array (54, see Fig. 1A), wherein each of the plurality of connection tabs (each 106 or each 108) is located on a corresponding terminal (positive terminal or negative terminal per [0023]) of a corresponding electrical cell (the 170, Fig. 1C);
using the clamping apparatus (202, Fig. 2A) to provide, via the plurality of clamping elements (the plurality of 302s or the plurality of 402s, see Fig. 2A-5B) and corresponding spring elements (the plurality of pairs of 308s or the plurality of pairs of 408s, see Fig. 2A-5B), a compressive force (via each pair of 308s or each pair of 408s) to each connection tab (each 106 or 108) and press the connection tab onto the corresponding terminal (step 610 in Fig. 6); and
laser welding (via 42, see Fig. 1A) each connection tab to the corresponding terminal during application of pressure by the clamping apparatus ([0043]).
Regarding claim 15, Torosyan further teaches A control system (in order to control system 10 in Fig. 1A) comprising one or more controllers (e.g., the controller to control robotic arm 44, see [0020], and the components for applying clamping force to 202, see [0026]), the control system configured to control a laser welding system (42) to perform a welding process to laser weld a busbar assembly (102, Fig. 1B) to a cell array (54, Fig. 1A) comprising a plurality of electrical cells (170, Fig. 1C), by:
locating the busbar assembly (102) comprising a plurality of connection tabs (106 or 108 in Fig. 1B) on a welding face of the cell array (54, see Fig. 1A), wherein each of the plurality of connection tabs (each 106 or each 108) is located on a corresponding terminal (positive terminal or negative terminal per [0023]) of a corresponding electrical cell (the 170, Fig. 1C);
using the clamping apparatus (202, Fig. 2A) to provide, via the plurality of clamping elements (the plurality of 302s or the plurality of 402s, see Fig. 2A-5B) and corresponding spring elements (the plurality of pairs of 308s or the plurality of pairs of 408s, see Fig. 2A-5B), a compressive force (via each pair of 308s or each pair of 408s) to each connection tab (each 106 or 108) and press the connection tab onto the corresponding terminal (step 610 in Fig. 6); and
laser welding (via 42, see Fig. 1A) each connection tab to the corresponding terminal during application of pressure by the clamping apparatus ([0043]).
Regarding claim 18, Torosyan further teaches wherein each clamping element (each 302 in Fig. 3A or each 402 in Fig. 4A) is rotatably mounted (when the force respectively provided to each of the pair of 308s or each of the pair of 408s has different value, such imbalanced forces causes a tilt, i.e., the claimed rotation, of 302 or 304 relative to the center axis of 302 or 402, see demonstration in annotated Fig. 3B in claim 3) on the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B) of the support part (202) to allow for rotation of the clamping element (302 or 402) about a rotation axis (the center axis of 302 or 402, see demonstration in annotated Fig. 3B in claim 3) substantially normal to (best seen in Fig. 5A) the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B).
Regarding claim 20, Torosyan further teaches wherein the spring elements (the plurality of pairs of 308s) are made of steel ([0031]).
Claims 1-2 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, Fig. 1) for use in a laser welding system (100), the clamping apparatus comprising:
a support part (12 and 142, Fig. 1) having a clamping face (1425, Fig. 5);
a plurality of clamping elements (144s, Figs. 5 and 7) extending from the clamping face (1425, see Fig. 5); and
a plurality of spring elements (a plurality of pairs of 146, see Figs. 5 and 7), wherein:
each of the plurality of clamping elements (each 144, Fig. 5) is mounted on a respective spring element (a respective pair of 146s, see Fig. 5) of the plurality of spring elements;
each of the plurality of clamping elements (each 144, Fig. 5) is arranged to provide a compressive force (via the respective pair of 146s) to a respective connection tab (a respective tab to each of the two cells) of a busbar assembly (the connection piece, see p. 1, ll. 30-35) when a compressive force (in order to press 14 against the connection piece, see p. 7, ll. 7-9) is applied to the support part (14 part), to press each respective connection tab (the respective tab to each of the two cells, p. 1, ll. 30-35) onto a corresponding terminal (where the respective tab is welded) of an electrical cell (a cell of the two cells) of a cell array (comprising the two cells, see p. 1, ll. 30-35); and
each spring element (each pair of 146s, see Fig. 5) is configured to compress when the compressive force is applied to the support part (p. 1, ll. 30-35) and when the corresponding clamping element (a corresponding 144, see Figs. 5 and 7) mounted on the spring element (the respective pair of 146s, see Fig. 5) contacts the respective connection tab (the respective tab to each of the two cells) to be laser welded (p. 1, ll. 30-35).
Regarding claim 2, UNANNOUNCED INVENTOR further teaches wherein: each clamping element (each 144, Fig. 5) comprises a mounting end (1441) located proximal to the spring element (the respective pair of 146s, see Fig. 5) and a contact end (a distal end of 1443, annotated Fig. 5) configured to engage a connection tab (the respective tab to each of the two cells, p. 1, ll. 30-35) to be laser welded; and each clamping element (each 144, Fig. 5) and corresponding spring element (the respective pair of 146s, see Fig. 5) comprise a central space (1442 corresponding to 144, see Fig. 5, and 1422 corresponding to the respective pair of 146s, see Fig. 5) from the mounting end (1441, Fig. 5) to the contact end (distal end of 1443, annotated Fig. 5) to allow passage of laser light therethrough to perform laser welding (p. 7, ll. 33-40).
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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.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Torosyan 20190326623.
Regarding claim 12, Torosyan further teaches wherein each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) is configured to provide, when compressed, a linear force (the spring force/force exert by each pair of 308, see [0029 and 0031], or each pair of 408, see [0032 and 0034]) towards the respective connection tab (106 or 108 in Fig. 1B) to be welded.
Torosyan does not teach said liner force is up to 4N.
However, Torosyan further the linear force (the spring force/force exert by each pair of 308 that determined by the selected material, see [0029 and 0031], or each pair of 408 that determined by the selected material, see [0032 and 0034]) provided toward the respective connection tab (106 or 108 in Fig. 1B) causes a position of the corresponding clamping element (the 302 in Fig. 3A or the 402 in Fig. 4A) to move along a direction (along the center axis, see demonstration in annotated Fig. 3B in claim 3) substantially perpendicular to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B) until a zero-gap (see [0029 or 0032]) is formed between the respective tab (106 or 108 in Fig. 1B) and the corresponding terminal (the positive terminal or the negative terminal per [0023]) in order to improve battery module performance ([0003]).
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 moving distance of the position of the corresponding clamping element determined by the linear force provided by the spring element is a results-effective variable that controls the battery module performance. Thus, the claimed limitation of the liner force is up to 4N 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 spring element of Torosyan to provide a linear force of up to 4N as it involves only adjusting a material of the spring element of Torosyan 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 Torosyan to provide a linear force of up to 4N.
Regarding claim 13, Torosyan further teaches wherein each spring element (each pair of 308s in Fig. 3A, or each pair of 408s in Fig. 4A) is configured to allow a position of the corresponding clamping element (the 302 in Fig. 3A or the 402 in Fig. 4A) with respect to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B), when compressed, to move along a direction (along the center axis, see demonstration in annotated Fig. 3B in claim 3) substantially perpendicular to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B).
Torosyan does not teach moving by up to 2.2 mm.
However, Torosyan further a linear force (the spring force/force exert by each pair of 308 that determined by the selected material, see [0029 and 0031], or each pair of 408 that determined by the selected material, see [0032 and 0034]) provided toward the respective connection tab (106 or 108 in Fig. 1B) causes a position of the corresponding clamping element (the 302 in Fig. 3A or the 402 in Fig. 4A) to move along a direction (along the center axis, see demonstration in annotated Fig. 3B in claim 3) substantially perpendicular to the clamping face (the bottom surface of 202, e.g., where recess 212 is in Fig. 5A or where recess 512 is in Fig. 5B) until a zero-gap (see [0029 or 0032]) is formed between the respective tab (106 or 108 in Fig. 1B) and the corresponding terminal (the positive terminal or the negative terminal per [0023]) in order to improve battery module performance ([0003]).
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 moving distance of the position of the corresponding clamping element determined by the linear force provided by the spring element is a results-effective variable that controls the battery module performance. Thus, the claimed limitation of allow a position of the corresponding clamping element by up to 2.2 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 spring element of Torosyan to provide a linear force to allow the corresponding clamping element to move up to 2.2 mm as it involves only adjusting a material of the spring element of Torosyan 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 Torosyan to provide a linear force to allow a position of the corresponding clamping element with respect to the clamping face, when compressed, to move along a direction substantially perpendicular to the clamping face by up to 2.2mm.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Torosyan 20190326623 in view of REINGRUBER 20230035654.
Regarding claim 16, Torosyan further teaches wherein each clamping element (each 302 in Fig. 3A) has an internal dimension (a diameter of the contact end 310, annotated Fig. 3B) across the contact end (310) through a central point (on the center axis of 302, annotated Fig. 3B) of contact end face (interpreted as contact end, which is 310), wherein the contact end (310) is pressing on the corresponding terminal end (positive end [0023]) of the electrical cell having a diameter of between 18.6 mm and 21 mm ([0024]).
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Torosyan does not teach said internal dimension is between 5 mm and 9 mm.
However, REINGRUBER teaches each clamping element (7, which is a hollow rod-shaped/pin-shaped holder in Fig. 3 and [0062-0064]) has an internal dimension (a diameter of a contact end of 7 where 7 presses on connection tab 2, see Fig. 3 and [0062]) across the contact end (a contact end of 7 where 7 presses on connection tab 2, see annotated Fig. 3 and [0062]) through a central point (on the center axis in annotated Fig. 3) of contact end face (where 7 contact 2), wherein the internal dimension is determined by a diameter of the electrical cell (per [0062-0064], the diameter of the contact end face of 7 is between 5% to 30% of a diameter 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]).
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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 the 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 Torosyan 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 Torosyan 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 Torosyan with REINGRUBER to have an internal dimension across the mounting end through a central point of the mounting end of between 5 mm and 9 mm in order to achieve a better spot welding.
Regarding claim 17, Torosyan further teaches a distance (annotated Fig. 3B) between the mounting end (a distal end of 306, annotated Fig. 3B) and the contact end (310) is defined by an angle (beta 1, Fig. 3B) and a diameter (annotated Fig. 3B) of the contact end (310; per [0029-0030], 302 and 306 connect to 302 form the angle beta 1 having a value that allows the laser beam to pass through, i.e., when beta 1 is defined, larger distance will cause a smaller diameter, see annotated Fig. 3B), wherein the contact end (310) is pressing on the corresponding terminal end (positive end [0023]) of the electrical cell having a diameter of between 18.6 mm and 21 mm ([0024]).
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Torosyan does not teach said distance is between 14 mm and 21mm.
However, REINGRUBER teaches each clamping element (7, which is a hollow rod-shaped/pin-shaped holder in Fig. 3 and [0062-0064]) has a diameter of a contact end (where 7 presses on connection tab 2, see annotated Fig. 3 and [0062]), wherein the diameter is determined by a diameter of the electrical cell (per [0062-0064], the diameter of the contact end face of 7 is between 5% to 30% of a diameter 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]).
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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 diameter of the contact end determined by a diameter of the electrical cell and the laser beam location/area, which defines the distance between the mounting end and the contact end, is a results-effective variable that controls the quality of spot welding. Thus, the claimed limitation of a distance between the mounting end and the contact end is between 14 mm and 21 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 Torosyan to have a distance between the mounting end and the contact end is between 14 mm and 21 mm, as it involves only adjusting the size of clamping element of Torosyan 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 Torosyan with REINGRUBER to have a distance between the mounting end and the contact end is between 14 mm and 21 mm in order to achieve a better spot welding.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Torosyan 20190326623 in view of NORTH 20220181752.
Regarding claim 19, Torosyan does not teach the support part comprising 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 cells, 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 Torosyan 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 Torosyan 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 Torosyan 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 3, 8-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over UNANNOUNCED INVENTOR CN111037093A in view of MIAO WO2020136928A1.
Regarding claim 3, UNANNOUNCED INVENTOR further teaches wherein each spring element (each pair of 146s, see Fig. 5) comprises at least one spring portion (an end of 146, annotated Fig. 5) extending inwardly towards (note: “toward” does not mean “into”) the central space (1442, relative to the center axis in annotated Fig. 5) of the corresponding clamping element (the corresponding 144, see Fig. 5), and wherein each clamping element (each 144, see Fig. 5) is mounted on the at least one spring finger portion (the end of 146, annotated Fig. 5) of the corresponding spring element (the respective pair of 146s, Fig. 5).
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UNANNOUNCED INVENTOR does not teach said at least one spring portion is at least one spring finger portion.
However, MIAO teaches a spring element (wave spring 3611, Fig. 10 and p. 10, ll. 16-33) comprising at least one spring finger portion (annotated Fig. 10).
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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 spring element of UNANNOUNCED INVENTOR with MIAO’s spring element comprises at least one spring finger portion because it is noted that the use of a known prior art structure, in this case the use of wave spring as a spring element taught by MIAO, to obtain predictable results, in this case providing a compressive force, was an obvious extension of prior art teachings, KSR; MPEP 2141 III A.
Regarding claim 8, UNANNOUNCED INVENTOR in view of MIAO further teaches wherein: the support part (UNANNOUNCED INVENTOR’s 12 and 142 in UNANNOUNCED INVENTOR’s Fig. 1) comprises a clamping plate (UNANNOUNCED INVENTOR’s 142) comprising the clamping face (UNANNOUNCED INVENTOR’s 1425 in UNANNOUNCED INVENTOR’s Fig. 5), and a back plate (UNANNOUNCED INVENTOR’s 12) parallel with the clamping plate (UNANNOUNCED INVENTOR’s 142, see UNANNOUNCED INVENTOR’s Fig. 1); and each spring element (UNANNOUNCED INVENTOR’s each pair of 146s in UNANNOUNCED INVENTOR’s Fig. 5, which is MIAO’s wave spring 3611 in MIAO’s Fig. 10) comprises a spring plate (a plate-shaped layer of MIAO’s wave spring 3611, see MIAO’s annotated Fig. 10) sandwiched between the clamping plate (UNANNOUNCED INVENTOR’s 12) and the back plate (UNANNOUNCED INVENTOR’s 142) to hold each spring element (UNANNOUNCED INVENTOR’s each pair of 146s in UNANNOUNCED INVENTOR’s Fig. 5, which is MIAO’s wave spring 3611 in MIAO’s Fig. 10) in the support part (UNANNOUNCED INVENTOR’s 12 and 142, see UNANNOUNCED INVENTOR’s Figs. 1 and 5 and 7), and wherein each spring element (a portion of UNANNOUNCED INVENTOR’s each pair of 146s, which is the portion of MIAO’s wave spring 3611 marked in MIAO’s annotated Fig. 10) extends from the spring plate (a plate-shaped layer of MIAO’s wave spring 3611, see MIAO’s annotated Fig. 10).
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Regarding claim 9, UNANNOUNCED INVENTOR in view of MIAO further teaches a plurality of individual spring plates (UNANNOUNCED INVENTOR’s plurality of individual spring elements 146s, see UNANNOUNCED INVENTOR’s Figs. 5 and 7, and each said individual spring element is Miao’s wave spring 3611 in Miao’s Fig. 10, which is a multi-layer-plate-shaped spring, see MIAO’s Fig. 10) each corresponding to a respective clamping element (UNANNOUNCED INVENTOR’s corresponding 144, see UNANNOUNCED INVENTOR’s Figs. 5 and 7) of the plurality of clamping elements (UNANNOUNCED INVENTOR’s 144s).
Regarding claim 11, UNANNOUNCED INVENTOR in view of MIAO further teaches the at least one spring finger portion (MIAO’s annotated Fig. 10) comprises an elongated connection tab portion (MIAO’s annotated Fig. 10) and an end connection tab portion (MIAO’s annotated Fig. 10); the at least one spring finger portion (MIAO’s annotated Fig. 10) is bent (in order to form the last layer of MIAO’s wave spring 3611, see MIAO’s annotated Fig. 10) so that the elongated connection tab portion (MIAO’s annotated Fig. 10) and the clamping face (UNANNOUNCED INVENTOR’s 1425) are in substantially parallel planes (when MIAO’s wave spring 3611 is placed in UNANNOUNCED INVENTOR’s 1422 as UNANNOUNCED INVENTOR’s spring element 146 as shown in UNANNOUNCED INVENTOR’s Fig. 5, MIAO’s at least one spring finger portion abuts to UNANNOUNCED INVENTOR’s wall 1421, and thus is substantially parallel to UNANNOUNCED INVENTOR’s clamping face 1425); and the clamping element (UNANNOUNCED INVENTOR’s 144) is mounted on the end connection tab portion (because UNANNOUNCED INVENTOR’s 144 abuts to UNANNOUNCED INVENTOR’s spring element 146 as shown in UNANNOUNCED INVENTOR’s Fig. 5, which is MIAO’s wave spring 3611).
Conclusion
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/JINGCHEN LIU/Examiner, Art Unit 3741