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 .
Claims 1-20 are pending in the application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/419,574 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim almost identical batteries.
Regarding Applicant’s claims 1, 17 and 20, Application ‘574 claims an electrical device, comprising: a battery being used to provide electrical energy for the electrical device. The battery, comprising: a battery cell, a first wall of the battery cell being provided with a first pressure relief mechanism; a thermal management component for regulating the temperature of the battery cell, wherein the thermal management component is attached to a second wall of the battery cell, the second wall being different from the first wall and the area of the second wall being greater than or equal to that of the first wall (claims 1, 3, 4, 20). Since Application ‘574 claims a pressure relief mechanism on the battery cell wall a discharge pathway is formed and configured to be capable of getting in communication with the interior of the battery cell via the first pressure relief mechanism when the first pressure relief mechanism is actuated, so that emissions of the battery cell are discharged to the discharge pathway.
Applicant’s claims 2-16, 18 and 20 are substantially identical to the dependent claims 2 and 5-19 of copending Application No. 18/419,574.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/421,218 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim almost identical batteries.
Regarding Applicant’s claims 1, 17 and 20, Application ‘218 claims an electrical device, comprising: a battery being used to provide electrical energy for the electrical device. The battery, comprising: a battery cell, a first wall of the battery cell being provided with a first pressure relief mechanism; a thermal management component for regulating the temperature of the battery cell, wherein the thermal management component is attached to a second wall of the battery cell, the second wall being different from the first wall and the area of the second wall being greater than or equal to that of the first wall (claims 1-3 and 20). Since Application ‘218 claims a pressure relief mechanism on the battery cell wall a discharge pathway is formed and configured to be capable of getting in communication with the interior of the battery cell via the first pressure relief mechanism when the first pressure relief mechanism is actuated, so that emissions of the battery cell are discharged to the discharge pathway.
Applicant’s claims 2-16, 18 and 20 are substantially identical to the dependent claims 4-19 of copending Application No. 18/421,218.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Yasui et al (US PG Pub 2011/0200856).
Regarding Applicant’s claims 1, 17 and 20, Yasui discloses an electrical device, such as a vehicles, bicycles, or electric tools, in particular, hybrid vehicles or electric vehicles, comprising a battery (battery module). The battery is used to provide electrical energy for the electrical device (para. [0097]).
The battery comprises a battery cell (battery unit, figure #2b, ref. #40, para. [0054]), thermal management component (cooling pipe, figure #2b, ref. #70, para. [0057]) and a discharge pathway.
The battery cell comprises a first wall (cap, figure #2c, ref. 16, para. [0055]) of the battery cell being provided with a first pressure relief mechanism (opening portion, figure #2c, ref. #17, para. [0055]). The thermal management component is for regulating the temperature of the battery cell, since the reference discloses that the cooling pipe cools the battery (para. [0063]). Figures 2b and 3 show that the thermal management component is attached to a second wall of the battery cell, which is different from the first wall and the area of the second wall being greater than that of the first wall. The discharge pathway is the space from inside the battery cell through the opening in the battery cap to the space outside the battery and configured to be capable of communicating with the interior of the battery cell via the first pressure relief mechanism when the first pressure relief mechanism is actuated, so that emissions of the battery cell are discharged to the discharge pathway (figures 4a and 4b).
Regarding Applicant’s claim 2, Yasui discloses the battery further comprises a box body (housing and lid, figure 2a, ref# 20 and 50, para. [0053]). As seen in figure 3, the box body comprises an electrical cavity which accommodates the battery cell and the thermal management component.
Regarding Applicant’s claim 3, Yasui discloses the discharge pathway is the space from inside the battery cell through the opening in the battery cap to the space outside the battery, which comprises a first pathway that discharges the emissions discharged from the first pressure relief mechanism to the electrical cavity (figures 4a and 4b).
Regarding Applicant’s claim 4, Yasui discloses the electrical cavity comprises a third wall (lid, figure 2a, ref# 20) opposite to the first wall and at least part of the first pathway being positioned between the first wall and the third wall (figures 4a and 4b).
Regarding Applicant’s claims 5-7, Yasui discloses the battery further comprises a first support member (figure 4, ref. #30a, para. [0061]), which is between the first wall and the third wall and forms at least part of the first pathway (figures 4a and 4b). The first support member is provided in correspondence with a region of the first wall other than the first pressure relief mechanism, so as to form at least part of the first pathway outside the first support member (figures 3 and 4). The first support member is provided with a first open hole in correspondence with the first pressure relief mechanism so that the emissions passing through the first pressure relief mechanism are discharged through the first open hole (figures 3 and 4).
Regarding Applicant’s claims 8-11, figure 4 of Yasui shows that the discharge pathway comprises a second pathway (arrow designated by ref. #24), which discharges the emissions from the first pressure relief mechanism out of the electrical cavity through opening 26. The box body further comprise: a collection cavity (exhaust chamber, para. [0056]), which is capable of collecting the emissions from the battery cell through the second pathway when the first pressure relief mechanism is actuated. The electrical cavity comprises a third wall (lid, figure 2a, ref# 20) opposite to the first wall, creating a hollow structure so that the interior of the third wall forms at least part of the collection cavity (figure 4). Figure 4 shows that the third wall is a first “sub-wall” that faces the first wall which is provided with a first pressure relief region, the first pressure relief region being provided opposite to the first pressure relief mechanism, and the first pressure relief region being used to form at least part of the second pathway.
Regarding Applicant’s claims 12-16, Yasui discloses the battery further comprises an isolation component (connectors, ref. #32) attached to the first wall. The isolation component is capable of isolating the electrical cavity from the collection cavity. Figure 3 shows the isolation component is provided with a second pressure relief region, e.g. the space around the through hole 36. The second pressure relief region is at least part of the second pathway (figure 4). he battery further comprises a second support member (figure 4, ref. #30b, para. [0061]) provided in the collection cavity and is capable of improving the anti-pressure strength of the collection cavity. The second support member is provided in correspondence with a region of the isolation component other than the second pressure relief region, so as to form at least part of the second pathway outside the second support member (figures 3-4). The second support member is provided with a third open hole, the third open hole being provided in correspondence with the second pressure relief region so that the emissions passing through the second pressure relief region are discharged through the third open hole (figure 4b).
Regarding Applicant’s claims 18-19, figure 13 of Yasui shows the battery comprises multiple rows of battery cells arranged along a first direction, each row of battery cells of the multiple rows of battery cells comprising at least one said battery cell arranged along a second direction, with the first direction being perpendicular to the second direction and the second wall. he thermal management component is attached to the second wall of at least one said battery cell of at least one row of battery cells of the multiple rows of battery cells (figure 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Itoi et al. (US 2012/064490) and Kim et al. (US 2021/0074970) disclose similar internal gas exhaust passages forming part of the battery cover or case.
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/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788 08/06/2026
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