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 application.
Claim Rejections - 35 USC § 112
3. 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 13-15 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 13, the term “close to” in line 7 is a relative term which renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, it is not possible to determine the boundaries of the claim as it relates to the distance between the first battery cell in the first battery cell group and second battery cell group.
Regarding claim 14, the term “close to” in lines 15 and 16 is a relative term which renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, it is not possible to determine the boundaries of the claim as it relates to the distance between the electrode terminals of the first battery cell to the first or second side wall and the electrode terminals of the second battery cell to the top cover or the bottom plate.
Claim 15, upon which claim 14 depends, is similarly rejected.
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 1-7 and 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 213150897 U) as evidenced by Datasheet by Evlithium.
Regarding claim 1, Xu discloses a battery (title) comprising a frame body (Line 15 page 3, ref. 1, Fig. 2) which is in the form of a box having four walls (Lines 50-51 page 3). A group composed of a plurality of first battery cells, which Xu refers to as the second battery cells (Line 16 page 3, ref. 31, Fig. 2), and a plurality of second battery cells, which Xu refers to as the first battery cells (Line 15 page 3, ref. 21, Fig. 2) are accommodated in the frame body and both the first and second battery cells are rectangular, polyhedral structures. As depicted below, a wall with the largest area of the first battery cell serves as a first wall of the first battery cell and a wall with the largest area of the second battery cell serves as a second wall of the second battery.
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As depicted in the annotated Fig. 2 image above, the plurality of first battery cells in the first battery cell group are arranged in a first direction with adjacent first battery cells attached through first walls of adjacent cells. Furthermore, the plurality of second battery cells in the second battery cell group are arranged in a second direction with adjacent second battery cells attached through second walls of adjacent cells. Additionally, the first direction is oriented along the x-axis and the second direction is oriented along the y-axis, hence the first direction is perpendicular to the second.
Regarding claim 2, when the first and second battery cell groups are arranged in the second direction as depicted in the annotated Fig. 2 above, the second walls of at least one first battery cells in the first battery cell group is attached to the second wall of the second battery cell group and the second battery cell group is adjacent to the first battery cell group, resulting in mutual attachment of the first to the second battery cell groups.
Regarding claim 3, Xu discloses a first battery cell group composed of a plurality of first battery cells, which Xu refers to as the second battery cells (Line 16 page 3, ref. 31, Fig. 2) having a length of L2. Xu also discloses a second battery cell group composed of a plurality of second battery cells, which Xu refers to as the first battery cells (Line 15 page 3, ref. 21, Fig. 2) having a length of L1, where L1 > L2 (Lines 58-60 page 3). Furthermore, Xu discloses long blade-type batteries and short ternary VDA type batteries (Lines 36-39 page 3), the VDA type batteries being depicted as prismatic cells having a greater length than width (see ref. 31, Fig. 2). Therefore, the width of the first prismatic battery cells in the first battery cell group, which must be smaller than the length of the first battery cells L2, is also smaller than the length L1 of the second battery cells in the second battery cell group because L1 must be greater than L2. Therefore, there is a difference in a size of the first battery group in the first direction, the width of the first group battery cells, and the length of the second battery cells, L2, which must fall in a pre-determined range.
Regarding claim 4, as depicted in the annotated image of Fig. 2 below, the first battery cell group is one of two first battery cell groups of the battery, labeled first battery cell group #1 and first battery cell group #2. When the first battery cell groups and second battery cell group between the two, second battery cell group #2, are arranged in the second direction, first battery group #1 and first battery group #2 are located at the two ends of second battery cell group #2.
Regarding claim 5, as depicted in the annotated image of Fig. 2 below, the second battery cell group is one of two second battery cell groups of the battery, labeled second battery cell group #1 and second battery cell group #2. When the second battery cell groups and first battery cell group between the two, first battery cell group #1, are arranged in the second direction, second battery cell group #1 and second battery cell group #2 are located at the two ends of first battery cell group #1.
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Regarding claim 6, as depicted in the annotated image of Fig. 2 above, the first battery cell group #1 is one of a plurality of first battery cell groups of the battery and the second battery cell group #1 is one of a plurality of second battery cell groups of the battery. When the plurality of first and second battery cell groups are arranged in the second direction which extends along the y-axis, they are alternately arranged.
Regarding claim 7, each of the second battery cell groups have 3 cells and all of the first battery cell groups have 12 cells as depicted in the annotated image of Fig. 2 above. Thus, all of the first battery cell groups have the same number of first battery cells and all of the second battery cell groups have the same number of second battery cells.
Regarding claim 10, the plurality of first battery cells in the first battery cell group are arranged with the first wall aligned in a thickness direction, or along the z-axis, are hence arranged in a thickness direction. The first and second interconnected walls extend in a length direction, where the length direction is along the z-axis perpendicular to the x and y-axis in the annotated image of Fig. 2 above.
Regarding claim 11, the first battery cell comprises a third wall upon which the electrode terminals are disposed as depicted in the annotated image of Fig. 2 above. The third wall is located on one end of the first battery cell in a length direction of the first battery cell, the length direction being along the z-axis.
Regarding claim 12, the electrode terminals of at least one first battery cell in the first battery cell group are arranged in the first direction, extending along the x-axis direction in the annotated image of Fig. 2 above so that terminals of adjacent cells are aligned along the x-axis.
Regarding claim 13, the electrode terminals of at least one first battery cell group in first battery cell group #1 in the annotated image of Fig. 2 above are disposed close to the second battery cell groups second battery cell group #1 and second battery cell group #2. Particularly, a terminal of each cell is disposed near to second battery cell group #1 and second battery cell group #2.
Regarding claim 14, as depicted in the annotated image of Fig. 2 below, the frame body (Line 15 page 3, ref. 1, Fig. 2) which is in the form of a box having four walls (Lines 50-51 page 3) comprises a top cover and bottom plate in the first direction extending along the x-axis. Furthermore, the frame body contains a first side wall and a second side wall in the second direction extending along the y-axis. The first and second battery cell groups are also spaced apart from one another in the second direction extending along the y-axis.
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The electrode terminals of the first battery cells in the first battery cell group are disposed close to the first side wall and second side wall. Additionally, the electrode terminals of the second battery cell are obscured from view as evidenced by the annotated image of Fig. 1 below. The electrode terminals of the second battery cells are hence disposed close to the top cover.
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Regarding claim 15, the electrode terminals of adjacent battery cells are disposed close to each other as depicted in the annotated image of Fig. 2 above.
Regarding claim 16, as depicted in the annotated image of Fig. 6 below, Xu discloses an embodiment of the battery where the number of first battery cells in the first battery cell group is the same as the number of second battery cells in the second group. As depicted, there are 24 first battery cells belonging to a first battery cell group and 24 second battery cells belonging to a second battery cell group depicted in the embodiment disclosed by Xu in Fig. 6.
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Regarding claim 17, the first battery cell, which Xu refers to as the second battery cell (Line 16 page 3, ref. 31, Fig. 2), is a ternary or three-element VDA cell (Line 5 page 4) and the second battery cell, which Xu refers to as the first battery cells (Line 15 page 3, ref. 21, Fig. 2), is a lithium iron phosphate blade battery cell (Line 4 page 4). As evidenced by Datasheet by Evlithium, a ternary lithium battery is known in the art and defined as an NCM or nickel-cobalt-manganese battery cell (Lines 1-3 page 2). Therefore, the first and second battery cells of Xu are of two different chemical systems.
Regarding claim 18, Xu discloses an electric vehicle (Lines 10-11 page 1), which is an electric apparatus that the disclosed battery is configured to supply electric energy to.
Regarding claim 19, Xu discloses a method for preparing a battery comprising providing a frame body (Line 15 page 3, ref. 1, Fig. 2) which is in the form of a box having four walls (Lines 50-51 page 3). A group composed of a plurality of first battery cells, which Xu refers to as the second battery cells (Line 16 page 3, ref. 31, Fig. 2), and a plurality of second battery cells, which Xu refers to as the first battery cells (Line 15 page 3, ref. 21, Fig. 2) are provided in the frame body and both the first and second battery cells are rectangular, polyhedral structures. As depicted below, a wall with the largest area of the first battery cell serves as a first wall of the first battery cell and a wall with the largest area of the second battery cell serves as a second wall of the second battery.
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As depicted in the annotated Fig. 2 image above, the plurality of first battery cells in the first battery cell group are arranged in a first direction with adjacent first battery cells attached through first walls of adjacent cells. Furthermore, the plurality of second battery cells in the second battery cell group are arranged in a second direction with adjacent second battery cells attached through second walls of adjacent cells. Additionally, the first direction is oriented along the x-axis and the second direction is oriented along the y-axis, hence the first direction is perpendicular to the second.
Regarding claim 20, Xu discloses an apparatus for preparing a battery comprising a providing module, i.e. the disclosed power battery pack structure, configured to provide a frame body (Line 15 page 3, ref. 1, Fig. 2) which is in the form of a box having four walls (Lines 50-51 page 3). A group composed of a plurality of first battery cells, which Xu refers to as the second battery cells (Line 16 page 3, ref. 31, Fig. 2), and a plurality of second battery cells, which Xu refers to as the first battery cells (Line 15 page 3, ref. 21, Fig. 2) are provided in the frame body, resulting in the claimed installation module configured to accommodate the first battery cell group and the second battery cell group in the frame body. Furthermore, both the first and second battery cells are rectangular, polyhedral structures. As depicted below, a wall with the largest area of the first battery cell serves as a first wall of the first battery cell and a wall with the largest area of the second battery cell serves as a second wall of the second battery.
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As depicted in the annotated Fig. 2 image above, the plurality of first battery cells in the first battery cell group are arranged in a first direction with adjacent first battery cells attached through first walls of adjacent cells. Furthermore, the plurality of second battery cells in the second battery cell group are arranged in a second direction with adjacent second battery cells attached through second walls of adjacent cells. Additionally, the first direction is oriented along the x-axis and the second direction is oriented along the y-axis, hence the first direction is perpendicular to the second.
Claims 1, 10, 16, 18, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 213150935 U).
Regarding claim 1, Xu discloses a battery pack (title) comprising a frame body having a rectangular structure (Line 58 page 3, ref. 1, Fig. 1) and therefore the form of a box with four walls. Xu also discloses a first battery cell group (Line 34 page 3, ref. 2, Fig. 1) and a second battery cell group (Line 6 page 3, ref. 3, Fig. 1) comprising a plurality of cells. The first and second battery cell groups are depicted as rectangular polyhedral structures (see Fig. 1). As depicted in the annotated image of Fig. 1 below, the first battery cells having a first wall are mutually attached through the first walls of adjacent first battery cells. Furthermore, the plurality of second battery cells are arranged in a second direction where adjacent second battery cells are mutually attached through second walls of adjacent second battery cells. The first direction, in which the first battery cells are arranged, is aligned with the x-direction and the second battery cells are arranged in the y-direction in the annotated image of Fig. 1 below.
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Therefore, the first direction, i.e. the x-direction, is perpendicular to the second direction, i.e. the y-direction.
Regarding claim 10, as depicted in the annotated image of Fig. 1 above, the plurality of first battery cells in the first battery cell group are arranged in a thickness direction of the first battery cell, where the thickness direction is along the x-axis, and the interconnected first and second walls of the first battery cell extend in a length direction of the first battery cell, where the length direction is along the z-axis.
Regarding claim 16, the number of first battery cells in the first battery cell group is depicted as 3 cells in the annotated image of Fig. 1 above. The number of second battery cells in the second battery cell group is depicted as 18. Therefore, the number of first battery cells in the first battery cell group is less than the number of second battery cells in the second battery cell group.
Regarding claim 18, Xu discloses an electric vehicle (Lines 5-6 page 1) which is an electric apparatus that the disclosed battery is configured to supply electric energy to.
Regarding claim 19, Xu discloses a method for preparing a battery comprising providing a frame body having a rectangular structure (Line 58 page 3, ref. 1, Fig. 1) and therefore the form of a box with four walls. Xu also discloses a method of providing a first battery cell group (Line 34 page 3, ref. 2, Fig. 1) and a second battery cell group (Line 6 page 3, ref. 3, Fig. 1) comprising a plurality of cells. The first and second battery cell groups are depicted as rectangular polyhedral structures (see Fig. 1). As depicted in the annotated image of Fig. 1 below, the first battery cells having a first wall are mutually attached through the first walls of adjacent first battery cells. Furthermore, the plurality of second battery cells are arranged in a second direction where adjacent second battery cells are mutually attached through second walls of adjacent second battery cells. The first direction, in which the first battery cells are arranged, is aligned with the x-direction and the second battery cells are arranged in the y-direction in the annotated image of Fig. 1 below.
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Therefore, the first direction, i.e. the x-direction, is perpendicular to the second direction, i.e. the y-direction.
Regarding claim 20, Xu discloses an apparatus for preparing a battery comprising a providing module configured to provide a frame body having a rectangular structure (Line 58 page 3, ref. 1, Fig. 1) and therefore the form of a box with four walls. The apparatus of Xu is also configured to provide a first battery cell group (Line 34 page 3, ref. 2, Fig. 1) and a second battery cell group (Line 6 page 3, ref. 3, Fig. 1) comprising a plurality of cells. The first and second battery cell groups are depicted as rectangular polyhedral structures (see Fig. 1). As depicted in the annotated image of Fig. 1 above, the first battery cells having a first wall are mutually attached through the first walls of adjacent first battery cells. Furthermore, the plurality of second battery cells are arranged in a second direction where adjacent second battery cells are mutually attached through second walls of adjacent second battery cells. The first direction, in which the first battery cells are arranged, is aligned with the x-direction and the second battery cells are arranged in the y-direction in the annotated image of Fig. 1 above. Therefore, the first direction, i.e. the x-direction, is perpendicular to the second direction, i.e. the y-direction.
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.
10. 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.
12. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN 213150935 U) and Schmidt (US PG Pub 2008/0085446 A1) in view of Zimmermann (US PG Pub 2019/0296300 A1) as evidenced by Xu (CN 213150897 U).
Xu ‘935 is relied upon as described above.
Regarding claim 8, Xu ‘935 fails to teach the second wall of the first battery and the second wall of the second battery are both inclined with respect to the first direction and that the first direction is the direction of gravity.
Schmidt discloses a system of battery units (abstract) which are in the basic form of a parallelepiped and stacked together (para. [0006]) having two terminals (ref. 6 and 7, Fig. 2) connected by a terminal connection (ref. 10, Fig. 2). Furthermore, one possible configuration represented by Fig. 2 is that of rows of battery cells connected in series in addition to cell blocks connected in parallel to the rows. Furthermore, having the terminals positioned adjacent to one another simplifies the connection between cells which are oriented in different directions.
Schmidt also teaches that connection in series (para. [0010]), parallel or series-parallel coupling in a mixed grouping of battery units may be desirable (para. [0009]).
Although Xu ‘935 does not show the location of the terminals on a blade cell, it is understood from Xu ‘897 that the terminals of blade cells are located on the ends as evidenced by Fig. 1.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have configured the arrangement of second battery cells such that the first battery cell group is rotated 90° along the y-axis and second battery cell group is rotated 90° along the z-axis to match the configuration taught by Schmidt, allowing the flexibility to connect the mixed grouping of battery units in series, parallel, or series-parallel while having the terminals of adjacent cell groups in close proximity to one another. Under this configuration, the first direction is in the z-axis direction and aligned with the direction of gravity.
Xu ‘935 and Schmidt fail to teach the second wall of the first battery and the second wall of the second battery are both inclined with respect to the first direction.
Zimmermann teaches a battery arrangement for a vehicle (abstract) where individual battery cells (para. [0040], ref. 1, Fig. 1) are inclined at an angle alpha and protected by cover plates (para. [0041], ref. 2, Fig. 1).
Zimmermann also teaches that the battery cells aligned at a sloped angle to absorb and transmit loads allowing the battery arrangement to serve as a load bearing structural component (para. [0042]-[0043]).
Therefore, it would have been obvious to one of ordinary skill, before the time of the effective filing date of the claimed invention to have arranged the battery cells in the first and second battery cell groups of Xu ‘935 at an angle as taught by Zimmermann to allow the battery cell groups to absorb and transmit loads.
Regarding claim 9, the first battery cell of Xu ‘935, Schmidt, and Zimmermann comprises two first walls disposed opposite each other and the first battery cell has a rectangular, or parallelogram, cross-section the plane perpendicular to the first wall.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW JON MCMULLEN whose telephone number is (571)270-0127. The examiner can normally be reached 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at (571) 272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.M./
Nathan A McMullen
Examiner, Art Unit 1788
08/25/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
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