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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/09/2023 & 04/23/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 11/09/2023. These drawings are acceptable.
Specification
Amended claims filed 11/09/2023 have been treated on the merits.
The disclosure is objected to because of the following informalities:
Paragraph [0040] describes: “The first intermediate plate 180 is arranged between the first end plate 130 and the electrodes of the second polarity 170”. There is no number 180 in Figure 2, only 200. 200 is being referred to as the third intermediate plate in the same paragraph.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-14, 18 and 19, are rejected under 35 U.S.C. 103 as being unpatentable over Stock et al. (US202118021397A; Stock hereinafter) in view of Xu et al. (CN-210074020-U; Xu hereinafter, a machine translation is used for the citations).
Regarding claim 11, Stock teaches a battery cell (an energy storage cell, abstract), comprising: a cell housing (a housing, abstract) having an electrically conductive hollow cylinder ( a metallic, tubular housing with a circular opening, abstract); an electrically conductive first end plate closing the hollow cylinder on one of its end faces (contact element, closes the terminal circular opening of the tubular housing portion in a gas- and liquid-tight manner, abstract); at least one electrode of a first electrical polarity and at least one electrode of a second electrical polarity (the electrode-separator winding/assembly comprising an anode, a cathode, and a separator, abstract), opposite to the first polarity, wherein the electrodes of different polarities are separated from one another by at least one separator (electrode-separator assembly, abstract). Stock fails to teach the details about the electrically conductive first intermediate plate. Xu however in the same field of endeavor teaches such a plate (a battery cap that comprises a conductive end plate (metal cover plate 5 figure 2) which is fixedly arranged on the outer end surface of the battery cap (see 5 in figure 2) and is conductively connected with the positive electrode end or the negative electrode end of the inner core abstract) which is arranged between the first end plate and the electrodes and is electrically insulated from the hollow cylinder ; and a connecting element (rivet, see 9 figure 2), which is electrically connected to the first intermediate plate and the first end plate, and wherein the connecting element (rivet, see 9 figure 2) extends in a straight line between the first intermediate plate and the first end plate (see 9 in figure 10); wherein:
The at least one electrode of the first polarity is electrically connected to the hollow cylinder; the at least one electrode of the second polarity is electrically connected to the first intermediate plate (if the battery shell is in a structure with two open ends, the electrode cap at one end is the negative electrode
cap in conductive connection with the battery shell, and the other end is the positive electrode cap, page 2); and the first end plate is electrically insulated from the hollow cylinder (see Xu figure 4, inner seal 7 and outer seal 8, and Xu page 9, “as so to insulate and separate...”). Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to apply the conductive first intermediate plate disclosed by Xu to the battery cell as disclosed by Stock as doing so would amount to nothing more than to use a known method for its intended use in a known environment to accomplish an entirely predictable result.
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Figure 1: Xu figure 3 Figure 2: Xu figure 4
Regarding claim 12, Stock teaches the claim limitations as required by claim 11 but does not disclose that the connecting element engages in an opening of the first end plate. Xu discloses that the first end plate includes an opening, in which the connecting element engages (see figure 2, the connecting element 9 engaged in the opening of the first end plate 3).
Regarding claim 13, Stock teaches the claim limitations as required by claim 11 but fails to teach that the connecting element includes a cavity. Xu teaches that the connecting element includes a cavity having an outer opening and an inner opening (see figure 2), wherein the cavity extends between the outer opening and the inner opening (see figure 2), wherein the outer opening is accessible from the opening of the first end plate.
Regarding claim 14, Stock teaches the battery cell as described by claim 11 but does not teach a connecting element that enlarges from the outer opening toward the inner opening. Xu discloses that the cross section of the connecting element enlarges from the outer opening toward the inner opening (see fig. 2).
Regarding claim 19, Stock discloses that the first end plate is connected in a form fitting manner to the hollow cylinder (the contact element ( which includes the metal disk 111, see fig 4 below) comprises a circular edge and closes the terminal circular opening of the tubular housing portion in a gas- and liquid-tight manner) and an electrically insulating element (seal 103 fig. 4 below, “ The housing portions 101 and 110 are electrically insulated from one another by the seal 103”, [0268]) arranged between the first end plate and the hollow cylinder.
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Figure 4: Stock modified Fig. 5
Claims 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stock et al. (US-12646810-B2; Stock hereinafter) in view of Xu et al. (CN-210074020-U; Xu hereinafter, a machine translation is used for the citations) as applied to claim 11 and in further view of Bouffard et al (US7195839B2; hereinafter Bouffard).
Regarding claim 15, Stock teaches the battery as required by claim 11 including a metallic membrane configured to respond to pressure located at the top of the battery cell (see Stock fig. 5, 151) but fails to disclose a second end plate, which is arranged opposite to the first end plate on another end face of the hollow cylinder, wherein the second end plate includes a gas outlet mechanism. Bouffard teaches a battery cell according comprising a pressure relief vent mechanism in a metal plate near either or both of the bottom or top of the cell (Col 5, lines 52-53). Bouffard further teaches a pressure relief vent in the bottom if the battery container and discloses that alternatively, a pressure relief vent may be formed in a metal plate in the closing element (Col. 5 lines 40-48). Stock and Bouffard are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely battery cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to apply the pressure relief vent disclosed by Bouffard to the battery as disclosed by stock as doing so would amount to nothing more than to use a known method for its intended use in a known environment to accomplish an entirely predictable result.
Regarding claim 16, Stock teaches a battery cell and a metallic membrane that responds to pressure and discloses that the gas outlet mechanism includes a valve (in a preferred embodiment the contact element comprises a safety valve, [0235])
Regarding claim 17, Stock discloses a gas outlet mechanism designed as an intended breakpoint (the safety valve may be a bursting membrane, a bursting cross or similar intended rupture site, [0236]), so that a region can be broken out of the second end plate under the action of a mechanical force along the cylinder axis but fails to teach that the outlet is in the second end plate. Bouffard however discloses that the pressure relief vent may be formed in the bottom of the battery container or in a metal plate in the closing element (Col. 5 lines 40-48) and further teaches a battery cell comprising a pressure relief vent mechanism in a metal plate near either or both of the bottom or top of the cell (Col 5, lines 52-53).
Regarding claim 20, Stock teaches the battery cell including a connecting member but fails to disclose that the connecting member contains a rivet. Xu teaches the rivet as shown in figure 2 above (see 9 in fig. 2 above), arranged in the opening of the first end plate (see 3 in fig. 2 above), and forms a form fitting connection with the first end plate and an electrically insulating layer arranged between the first end plate and the rivet (see 7 and 8 in figure 2 above).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stock et al. (US-12646810-B2; Stock hereinafter) in view of Xu et al. (CN-210074020-U; Xu hereinafter, a machine translation is used for the citations) and Bouffard et al (US7195839B2; hereinafter Bouffard) as applied to claim 15 and in further view of Park et al. (US201917283240A; Park hereinafter).
Regarding claim 18, Stock teaches the battery cell according to claim 15 but fails to disclose a second intermediate plate. Park however in the same field of endeavor teaches a second intermediate plate (see 142 in figure 3 below) which is arranged between the at least one electrode of the first polarity and the second end plate and further discloses that the second intermediate plate is electrically connected to the at least one electrode of the first polarity and the hollow cylinder.
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Figure 3: Park figure 1
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
US11329351B2 Battery cell for an electric vehicle battery pack - teaches a cylindrical battery including a pressure release mechanism
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA LEE HANYON whose telephone number is (571)272-8881. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at (571) 270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.H./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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