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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/579,380, filed on 07/19/2022.
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.
Claim(s) 1-2, 10, 19-20, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1).
Regarding claim 1, Fuhr teaches A battery (910, Fig. 13), comprising:
an electrode assembly having a first electrode, a second electrode (battery generally comprises electrodes, [0052]) and a separator between the first electrode and the second electrode (disclosure relates to lithium-ion batteries, [0003]; electrodes with electrolyte in container, [0052]; Souliac provides evidence that lithium-ion type cells include generally include an electrochemical stack including at least one alternation of positive electrode(s), negative electrode(s), and separator, filled with electrolyte in a can – see Souliac C3L53-63; thus, the internal components of Fuhr would be expected to also include a separator for a functional lithium-ion battery as known in the art);
a battery housing (container 920, Fig. 13) having a first end with a first opening (where 950 protrudes through top end of 920 in Fig. 13, like opening for 850 shown in Fig. 12, in view of [0070-0072]) and a second end with a second opening opposite the first end (lower end of 920 meeting seal 960, Fig. 13 and [0071]), the battery housing accommodating the electrode assembly (Container is a generally hollow body with electrodes provided therein, [0052]) and electrically connected to the second electrode to have a second polarity (container may act as terminal, [0052]; terminal 940 integral with container 920, [0071-0072] and Fig. 13);
a terminal electrically connected to the first electrode to have a first polarity (opposite terminal 950, Fig. 13), the terminal being exposed out of the battery housing through the first opening of the battery housing at the first end (950 through top end of 920 similar to opening at 850, Fig. 13 in view of Fig. 12); and
a cap covering and sealing the second opening at the second end of the battery housing (cover 930 sealed by 960 to bottom end of 920, [0071-0072] and Fig. 13),
wherein the cap overlaps the battery housing at the second end (930 overlaps 920 with 960 therebetween shown in Fig. 13) and has no polarity (930 insulated from 920 similar to 830 from 820 per [0070] in view of [0071-0072] and Figs. 12-13, since seal 960 is similar to seal 860 per [0071] which is insulative polymer e.g. polyethylene per [0066]; no terminals exist on 930 per [0072] and Fig. 13, therefore no polarity at 930).
Regarding claim 2, Fuhr teaches the limitations of claim 1 above and the terminal penetrates the first opening of the battery housing at the first end (950 penetrating through top end of 920, at similar opening for 850; Fig. 13 in view of Fig. 12).
Regarding claim 10, Fuhr teaches the limitations of claim 1 above and the cap includes a venting portion that ruptures when an internal pressure of the battery housing increases over a predetermined level to discharge gas generated inside the battery housing (seal 860 may deteriorate as a result of the pressure and/or temperature within battery 810 reaching a predetermined level, thereby permitting pressurized gases or other fluids to escape from within battery 810, this provides for a method of venting battery 810 per [0069], and seal 960 that may be similar to seal 860 per [0071] and Figs. 12-13; 960 is connected to cap/cover 930 such that the configuration reads on “the cap includes a venting portion” at the edge i.e. where seal 960 attaches).
Regarding claim 19, Fuhr teaches the limitations of claim 1 above and A battery pack, comprising a plurality of batteries according to claim 1 (battery module including a plurality of electrochemical cells, [0009] and e.g. Figs. 2A, 21).
Regarding claim 20, Fuhr teaches the limitations of claim 19 above and the plurality of batteries are arranged in a predetermined number of columns (e.g. 3 columns as shown in Fig. 22), and wherein the terminal of each battery and an outer surface of the first end of the each battery housing are disposed to face in the same direction (upper ends of cells 1310 all facing upward for coupling, Fig. 22).
Regarding claim 22, Fuhr teaches the limitations of claim 19 above and A vehicle, comprising at least one battery pack according to claim 19 (Figs. 1-2 containing battery module/system, [0048]).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 4, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claims 1 ad 20 above.
Regarding claim 4, Fuhr teaches the limitations of claim 1 above and a surface of the terminal exposed out of the battery housing serves as a first electrode terminal (terminal that extends generally upward from the top is electrically coupled to a first electrode, Fig. 13 in view of [0080]), and wherein a region of an outer surface of the first end of the battery housing serves as a second electrode terminal (housing including the top surface of the cell is electrically coupled to a second electrode inside the housing, Fig. 13 in view of [0080] and [0052]);
but fails to yet explicitly teach: the first electrode terminal to which a first bus bar terminal is coupled nor the second electrode terminal to which a second bus bar terminal is coupled.
However, Fuhr does teach that it is known for cells to be conventionally coupled together using conductive members (e.g., bus bars) ([0006]) and teaches in other embodiments connectors provided in the form of bus bars so that two cells are coupled together at their terminals with the bus bar ([0073, 0080] and Figs. 14-16). Fuhr also teaches in [0091] that the bus bar may function as a second terminal and is integral with the lid forming the top end of the battery container (Fig. 17). Furthermore, Fuhr teaches in [0092] that integral terminals/bus bars of a battery module can be electrically coupled with other battery modules to form a battery system. Fuhr Figs. 1-2 show a battery system for an electric vehicle, which must be electrically connected to the external vehicle load in order to providing motive power for the vehicle ([0041]).
Therefore, in view of these additional teachings by Fuhr, it would have been obvious, at the time of filing, for a person having ordinary skill in the art to ensure that the first electrode terminal of the battery was coupled to a first bus bar terminal and that the second electrode terminal of the battery was coupled to a second bus bar terminal, with the motivation effectively electrically coupling multiple battery cells together within a module and/or coupling multiple modules together within a battery system at respective-polarity terminals, in order to achieve the inventive goal of being able to electrically connect the batteries within an electric vehicle and provide motive power thereto.
Thus, the instant claim 4 is rendered obvious.
Regarding claim 16, Fuhr teaches the limitations of claim 1 above but fails to yet teach in the above-cited embodiment further comprising a first current collector coupled to the first electrode of the electrode assembly and coupled to the terminal to electrically connect the first electrode of the electrode assembly and the terminal.
However, Fuhr does teach an embodiment of a battery cell in which a first terminal 1222 may be coupled to an electrode (e.g., a positive electrode) of the cell element with a current collector ([0087]) and that internal connections (e.g., current collectors, etc.) may be changed for different applications without affecting the design of the external interface ([0084]). Therefore, Fuhr teaches that it is known in the art for a current collector to be a an internal electrical coupling piece used to facilitate electrical connection between the first electrode and like-polarity first current collector.
Use of known technique to improve similar devices in the same way supports a conclusion of obviousness include per MPEP 2143 I C. Thus a person having ordinary skill in the art would have found it obvious to apply coupling technique of a current collector taught by Fuhr [0087] in order to ensure desired electrical connection between the first electrode and first terminal of the battery cell of Fuhr Fig. 13 in order to achieve a functional battery cell wherein the electrode conducts electricity to its like-polarity terminal, and to do so without affecting the external design of the battery per Fuhr [0084].
Thereby, claim 16 is rendered obvious.
Regarding claim 21, Fuhr teaches the limitations of claim 20 above and wherein the battery pack comprises a plurality of bus bars (bus bars 1314, [0092] and Fig. 22; in view of bus bar 1016 in [0073] and Fig. 14 which is applicable to terminals in Fig. 13) connecting the plurality of batteries at least one of in series … (plurality of batteries are connected in series to form a portion of a battery module, [0059] and Fig. 10 in view of Figs. 14, 22),
wherein the plurality of bus bars are disposed on a first side end of the plurality of batteries (bus bars are at upper ends of cells and generally extending toward the same side direction as one another, Fig. 22 in view of Fig. 10 and Figs. 14-16), and
wherein each of the plurality of bus bars includes:
a body portion extending between neighboring batteries (flat portion of 1016 in Fig. 14 between cells 1010, of 1314 in Fig. 22 between 1310s);
a plurality of first bus bar terminals extending to a first side direction of the body portion (upward terminals 1328 in Fig. 22, in view of 1014 in Fig. 14 and 950 in Fig. 13), each first bus bar terminal being electrically coupled to the terminal of a battery located in the first side direction of the body portion from among the plurality of batteries (as shown in Fig. 22); but fails to teach:
a plurality of second bus bar terminals extending to a second side direction of the body portion, each second bus bar terminal being electrically coupled to an outer surface of the first end of the battery housing of a battery located in the second side direction of the body portion from among the plurality of batteries.
However, regarding “being electrically coupled to an outer surface of the first end of the battery housing of a battery located in the second side direction of the body portion from among the plurality of batteries”, Fuhr does teach in Fig. 13 embodiment primarily relied upon herein that terminal 940 is integral with outer surface of first/upper end of battery housing 920 and is laterally spaced from opposite terminal 950 as to read on “second side direction” as instantly claimed. Yet, Fuhr fails to explicitly teach/show any second bus bar. Fuhr also teaches in Figs. 8-10 and [0055-0059] horizontal portions 128 and 138 extending from opposite-side directions at the first/upper end of the cell, such that 128/138 can be reasonably interpreted to read on opposite-polarity bus bars, extending from vertical portions 126 and 136 serving as opposite-polarity terminals. Fuhr at [0006] also generally teaches that cells within battery systems are conventionally electrically coupled together using conductive members (e.g., bus bars).
Therefore, although the Fig. 13 embodiment primarily relied upon herein is silent toward bus bar coupling, it would have been obvious in view of other teachings and alternate embodiments shown throughout Fuhr for a person having ordinary skill in the art to employ both first and second bus bars disposed to electrically connect the two opposite polarity terminals from their respective first and second sides at the top of the battery cells in Fig. 13, in order to expectedly electrically connect multiple cells of this structure in a series for use in a battery module/system, as also taught within Fuhr as cited above.
Thereby, claim 21 is rendered obvious.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claim 1 above, and further in view of Tang et al. (US 20190296274 A1).
Regarding claim 3, Fuhr teaches the limitations of claim 1 above and a sealing gasket (seal 960 is e.g. polyethylene, [0071] in view of [0066]) between the battery housing and the cap at an overlap of the cap and the battery housing at the second end of the battery housing (seal 960 provided around the lower portion of container 920 to seal cover 930 to container 920, [0071] and Fig. 13 showing overlap in thickness direction of 960) to create an airtight seal (polyethylene as sealing material cited above, also can include adhesive or other reinforcement sealing technique per [0072] to form tight sealed joint between cover and container like [0067] example), but fails to teach: based on the cap being interposed between portions of the sealing gasket;
and fails to teach: an insulating gasket between the battery housing and the terminal at the first end of the battery housing.
Tang is analogous in the art of electric vehicle batteries (Tang [0003]; Fuhr [0004]) and teaches a sealing gasket 115 between a battery housing 105 and a cap 120 at an overlap 180 of the cap and the battery housing at the second end of the battery housing to create an airtight seal (hermetic, [0032, 0036]) based on the cap being interposed between portions 140, 145 of the sealing gasket (gasket 115 can include a first gasket surface 140 and a second gasket surface 145 such that the gasket 115 can hold or position the lid 120, [0033, 0056] and Figs. 1 and 4). Tang teaches the seal created by the gasket to secure/hold the lid in place is a hermetic seal and is sufficient to prevent electrolyte leakage ([0032]) and that the shape of the gasket wherein the cap is interposed between portions of the sealing gasket is beneficial to keep the lid positioned a predetermined distance from the electrolyte ([0036, 0056]).
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the sealing gasket of Fuhr to have two surface portions such that the cap was interposed between these portions of the sealing gasket in order to create the airtight, hermetic seal as taught by Tang with the motivation of preventing electrolyte leakage and maintaining desirable distance between the lid and the electrolyte.
Further, Fuhr does teach in another embodiment in which one terminal is electrically insulated from the housing itself (e.g., by an insulator), when the housing of the cell, including the top surface thereof, is electrically coupled to another electrode inside the housing of the cell ([0080] and Fig. 16). Therefore, although not explicitly taught in reference to the embodiment of Fig. 13, a gasket-shaped insulator positioned between the battery housing and the terminal at the first/top end of the battery housing is a known additional feature that is useful in the battery to ensure that the opposite-polarity terminal and the housing which has polarity from being coupled to the electrode are insulated from one another in order to not create a short circuit.
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the Fig. 13 embodiment of Fuhr to include an insulating gasket between the battery housing and the terminal at the first end of the battery housing as taught by [0080] of Fuhr, in order to sufficient insulating between the battery housing and the opposite-polarity terminal protruding therethrough, with the motivation of expectedly preventing electrical short circuiting.
Thus, all limitations of the instant claim 3 are rendered obvious.
Claim(s) 5, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claim 1 above, as well as in view of Souliac.
Regarding claim 5, Fuhr teaches the limitations of claim 1 above but fails to teach at least a part of the first electrode includes a plurality of segments divided along a winding direction of the electrode assembly, and wherein the plurality of segments are bent along a radial direction of the electrode assembly.
Fuhr is silent toward the specific electrode structure but generally teaches in [0080] that electrodes are coupled to the terminal and housing, respectively, with two opposite polarities.
Souliac is analogous in the art of lithium ion batteries (C3L53) used for electric vehicles (C1L9) and teaches a part of the first electrode includes a plurality of segments (Blades 24 connected to the negative electrode 17, C4L5-6) divided along a winding direction of the electrode assembly (cell 1 is assembled by winding the alternating electrodes 5 and 17, C6L16-17 and Fig. 1), and wherein the plurality of segments are bent along a radial direction of the electrode assembly (24 are bent radially from the bottom of wound electrode stack 9, Fig. 1). Souliac teaches such bent segments 24 extending from negative electrode 17 are coupled to connecting part 29 (C4L5-29) and subsequently connected to negative terminal 22 (Fig. 1), which protrudes through and is insulated from one end of can 7 (Fig. 1 and C4L1-5) such that the can has an opposite, positive polarity by being connected to bent blades 5 of positive electrode 5 (Fig. 1 and C4L17-19).
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the electrode assembly of Fuhr such that the first electrode included a plurality of segments divided along a winding direction of the electrode assembly, wherein the plurality of segments were bent along a radial direction of the electrode assembly, as taught by Souliac with the motivation of desired electric connection of the first electrode to the terminal that protrudes through an end of the housing. Since Fuhr was silent regarding the connection technique between the first electrode and the terminal but did teach the presence of such electrical connection, implementing a known and suitable technique of connecting bent segments from the electrode to the terminal as taught by Souliac would have been an obvious modification to Fuhr in order to ensure such connection.
Thus, the instant claim 5 is rendered obvious.
Regarding claim 15, Fuhr teaches the limitations of claim 1 above and the terminal includes: a terminal exposing portion exposed out of the battery housing (950 projecting through 920, Fig. 13 in view of Fig. 12); but fails to explicitly teach: a terminal insert portion provided through the first opening of the first end of the battery housing and located inside the battery housing.
However Fuhr does teach an embodiment wherein a terminal 1112 is electrically coupled to a first electrode inside the housing of the cell ([0080]) and a portion of the terminal 1112 extends upward from the top surface of the cell ([0080] and Fig. 16). Fuhr also teaches the embodiment of above-cited Fig. 13 includes two terminals 940, 950 but that the housing 920 can only serve as one polarity of terminal ([0071] in view of [0052]), otherwise short-circuiting would be expected.
Souliac is analogous in the art of lithium ion batteries (C3L53) used for electric vehicles (C1L9) and teaches a terminal 22 which includes: a terminal exposing portion exposed out of the battery housing (portion of 22 which receives 18, extending/protruding/exposed out of 7, Souliac Fig. 1) and a terminal insert portion provided through the first opening of the first end of the battery housing (portion of 22 that passes through opening of 7, Souliac Fig. 1) and located inside the battery housing (connecting part 29 of terminal 22 is inside the can 7 so that 29 can connect to blades 24 of negative electrode 17, Souliac Fig. 1 and C4L1-8). Thus, internal connecting part 29 serves to electrically connect the negative electrode 17 to the external screw 18 to form terminal 22, and so that screw 18 can serve as an external electrical connection point of the battery (C4L12-16).
In order to achieve proper functionality of the terminal to connect internally to its like-polarity electrode(s), collect current thereof, and also be able to electrically connect as a terminal to an external component as needed (i.e., to power the vehicle end-user of the battery and/or to be recharged), a person having ordinary skill in the art would have found it obvious to modify the terminal of Fuhr in view of Souliac to ensure such included both the external portion exposed from the housing as well as an insert portion inside the housing to be connectable to the respective internal electrode.
Thereby, claim 15 is rendered obvious.
Regarding claim 17, Fuhr teaches the limitations of claim 1 above but fails to yet teach a second current collector coupled to the second electrode of the electrode assembly and coupled to the battery housing to electrically connect the second electrode of the electrode assembly and the battery housing.
However, Fuhr does teach an embodiment of a battery cell in which a first terminal 1222 may be coupled to an electrode (e.g., a positive electrode) of the cell element with a current collector ([0087]) and that internal connections (e.g., current collectors, etc.) may be changed for different applications without affecting the design of the external interface ([0084]). Therefore, Fuhr teaches that it is known in the art for a current collector to be a an internal electrical coupling piece used to facilitate electrical connection between the first electrode and like-polarity first current collector. Fuhr also teaches in [0052] a general battery embodiment in which Container 20 has provided therein electrodes 60 and may act as a terminal 50 for battery 10, and teaches in [0071-0072] and Fig. 13 that container/housing 920 is integral with terminal 940 protruding therefrom, such that the container/housing of the Fuhr battery cell is known to be conductive and must be electrically connected to one polarity of internal electrode in order to function as said terminal. However, Fuhr is silent toward how the electrical connection between electrode and housing is formed.
Souliac is analogous in the art of lithium ion batteries (C3L53) used for electric vehicles (C1L9) and teaches a second current collector coupled (cover 8) to the second electrode (electrode 5) of the electrode assembly (stack 9) and coupled to the battery housing (outside peripheral face 81 of cover 8 is welded to the can 7) to electrically connect (current flows from the electrode 5 via the blades 6 to the can 7, and then to the cover 8) the second electrode of the electrode assembly and the battery housing (electrode 5, which is welded to the can 7 via a plurality of connecting blades 6 – where blades 6 are pressed between surface 81 and 7) (Souliag Fig. 1 and C4L17-27). Souliac electrode 5 corresponmds to the claimed second electrode, since the opposite-polarity Souliac electrode 17 corresponds to the claimed first electrode which is connected via first current collector 29 to the first terminal 22/18 that protrudes through the housing 7 and is insulated therefrom via gaskets 25/31 (Souliac Fig. 1 and C4L1-16).
Therefore, a welded and pressed connection (like that of 81/6/7 in Souliac Fig. 1) of a current collector to a battery housing holding electrode tabs therebetween is taught as a suitable electrical coupling technique to electrically connect an electrode to the battery housing which shares the respective same polarity. Therefore, since Fuhr desires the housing to be electrically connected to its second electrode to serve as the terminal thereof but is silent toward a connection technique, a person having ordinary skill in the art would have found it obvious to employ a current collector which is welded to the electrode tabs/blades and welded to the housing in order to effectively establish such electrical connection as taught by Souliac. Use of known technique to improve similar devices in the same way supports a conclusion of obviousness include per MPEP 2143 I C.
Thereby, claim 17 is rendered obvious.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claim 1 above, and further in view of Kato et al. (US 20100129716 A1).
Regarding claim 6, Fuhr teaches the limitations of claim 1 above but fails to teach the battery housing includes a beading portion formed by press-fitting a periphery of an outer circumferential surface of the battery housing at the second end.
Kato is analogous in the art of battery housing and teaches a battery housing 1 serving as a positive electrode case ([0047]) and a cap 9 that overlaps the battery housing at the second end (Fig. 1) and has no polarity (9 is an insulating washer, [0046]), and a sealing gasket (resin sealing plate 7, [0046]) between the battery housing and the cap at an overlap of the cap and the battery housing at the second end of the battery housing (7 between 1 and 9 at bottom end of 1, Fig. 1). Kato teaches teach the battery housing includes a beading portion formed by press-fitting a periphery of an outer circumferential surface of the battery housing at the second end (electrode case 1 is crimped to the periphery of insulating washer 9 as shown in Fig. 1 in view of [0046]). Crimping of Kato reads on “press-fitting a periphery of an outer circumferential surface” to thus form the “beading portion” which is shown in Kato Fig. 1 from outward to inward direction of the case 1.
Simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness (MPEP 2143 I B), such that substituting crimping as the sealing technique of Fuhr would have been obvious to predictably achieve sealing as taught by Kato. Fuhr [0072] also welcomes that seal 960 may be reinforced by other methods of sealing.
Thereby, claim 6 is rendered obvious.
Regarding claim 7, modified Fuhr teaches the limitations of claim 6 above and wherein the beading portion includes a first beading portion and a second beading portion located facing each other (upper and lower surfaces of beading portion facing one another in vertical direction, see annotations below of Kato Fig. 1), and an innermost portion (curved inward portion, see annotation below of Kato Fig. 1) connecting the first beading portion and the second beading portion, and wherein the second beading portion is located closer to the cap than the first beading portion (lower surface closer to cap at bottom end, see annotation below of Kato Fig. 1).
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Regarding claim 8, modified Fuhr teaches the limitations of claim 6 above and wherein the battery housing includes a crimping portion formed away from the beading portion (bottom tip of case 1, vertically spaced by inward beading portion; Kato Fig. 1 annotation below) and having a shape extending and bent from the beading portion to surround an outer circumferential surface of the cap and a part of an outer surface of the cap (crimped tip at bottom of case 1 is bent/curved outwardly from the beading portion, then inwardly curved to surround insulating cap 9; Kato Fig. 1 annotation below).
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Regarding claim 9, modified Fuhr teaches the limitations of claim 8 above and further comprising a sealing gasket between the battery housing and the cap at the crimping portion (resin sealing plate 7 between 1 and 9, as cited to Kato [0046] and Fig. 1 in regards to claim 6 above when applied to modified Fuhr – similar to seal 960 between 920 and 930 of Fuhr, with reinforcement of crimping technique taught by Kato and welcomed by Fuhr [0072] as cited above).
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claim 10 above, and further in view of Fuhr et al. (US 2012/0077062 A1 – referred to below as “Fuhr ‘062”).
Regarding claim 11 and claim 12, Fuhr teaches the limitations of claim 10 above but fails to teach: the venting portion is a region of the cap having a smaller thickness than surrounding regions of the cap, nor specifically: wherein the venting portion is formed to have a partially reduced thickness of the cap by a notch formed at at least one of an inner surface and an outer surface of the cap.
Fuhr ‘062 is analogous in the art of battery housings and similarly teaches a battery cell 1425 with housing 1426, having both terminals arranged projecting from the top thereof (Figs. 13, 16 of Fuhr ‘062), and teaches the opposite (bottom) end 1430 including a vent 1452 (Figs. 17-17A of Fuhr ‘062), and teaches that the vent 1452 may be located in a cover or bottom that is a separate component from the housing 1426 that in turn is coupled to the housing 1426 wherein the housing 1426 and the bottom 1430 may be separate components ([0094-0095]). Fuhr ‘062 teaches other alternate embodiments, e.g. having a housing 2126 with vent 2152, which also teach that that the vent 2152 may be located in a cover or bottom that is a separate component from the housing 2126 that in turn is coupled to the housing 2126 (Fuhr ‘062 [0118]); and: exemplary vent 2252 located in a cover or bottom that is a separate component from the housing 2226 that in turn is coupled to the housing 2226 ([0122] and Fig. 23 of Fuhr ‘062). Such separate components corresponds to the bottom cover/cap 930 of the primary Fuhr reference (primary Fuhr Fig. 13 as previously cited). Fuhr ‘062 specifically teaches:
the venting portion is a region of the cap having a smaller thickness than surrounding regions of the cap (the vent includes an annular or circular fracture ring or groove located near the outer circumference of the bottom, [0119, 0123] and Figs. 22-23 in view of Figs. 17-17A; see smaller thickness of notches 1440/2140/2240 in Figs. 17/22/23 as cited), and
the venting portion is formed to have a partially reduced thickness of the cap by a notch (relatively thin area of the notch 1440, [0113]; in view of notches 1440/2140/2240 in Figs. 17/22/23; the annular or circular fracture ring or groove is e.g. a notch per [0123]), formed at at least … an outer surface of the cap (groove located on an external side so that the groove may be inspected by a laser (e.g., to measure the size of the groove) from the outside of the cell, [0121]).
As cited in claim 10 rejection above, primary Fuhr reference at [0069] shares the inventive goal of venting the battery due to buildup of pressure. Simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness per MPEP 2143 I (B). Therefore, a person having ordinary skill in the art would have found it obvious to modify the primary Fuhr reference in view of the teachings of Fuhr ‘062 to substitute (within the separate bottom cover/cap component) a vent which is in the form of a thinned notch on the outside of the cell bottom as taught by Fuhr ‘062 for the meltable function of the seal 960 as cited above, and expect sufficient venting function at high pressure and be able to inspect the notch from the bottom of the cell.
Thereby, claims 11 and 12 are rendered obvious.
Regarding claim 13 and claim 14, Fuhr teaches the limitations of claim 10 above but fails to teach: the venting portion is formed along a periphery of an edge portion of a central region of the cap that is protruding outward from among an entire region of the cap, nor the venting portion is formed in a central region of the cap that is protruding outward from among an entire region of the cap, and wherein the central region protruding outward is located more inward than the second end of the battery housing.
Fuhr ‘062 is analogous in the art of battery housings and similarly teaches a battery cell 1425 with housing 1426, having both terminals arranged projecting from the top thereof (Figs. 13, 16 of Fuhr ‘062), and teaches the opposite (bottom) end 1430 including a vent 1452 (Figs. 17-17A of Fuhr ‘062), and teaches that the vent 1452 may be located in a cover or bottom that is a separate component from the housing 1426 that in turn is coupled to the housing 1426 wherein the housing 1426 and the bottom 1430 may be separate components ([0094-0095]). Such separate component corresponds to the bottom cover/cap 930 of the primary Fuhr reference (primary Fuhr Fig. 13 as previously cited). Fuhr ‘062 specifically teaches:
the venting portion is formed along a periphery of an edge portion of a central region (notch 1440 along periphery of vent 1452 in central region of bottom 1430, Fig. 17) of the cap (1430 as separate cap/cover in view of [0094]) that is protruding outward from among an entire region of the cap (at projection 1428, Fig. 17; in view of [0098]), and
the venting portion is formed in a central region (vent 1452 in central region of bottom 1430, Fig. 17) of the cap (1430 as separate cap/cover in view of [0094]) that is protruding outward from among an entire region of the cap (notch 1440 – which forms the vent – connected at outward protrusion 1428 and slanted/downwardly protrusing portion of 1452 surrounding indented 1444, Fig. 17; 1452 shifts farther outward upon venting actuation in Fig. 17A), and wherein the central region protruding outward is located more inward than the second end of the battery housing (in resting state, 1452 indents inwardly at center 1444 versus flat area 1431 at bottom 1430 of housing 1426, Fig. 17).
As cited in claim 10 rejection above, primary Fuhr reference at [0069] shares the inventive goal of venting the battery due to buildup of pressure. Simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness per MPEP 2143 I (B). Therefore, a person having ordinary skill in the art would have found it obvious to modify the primary Fuhr reference in view of the teachings of Fuhr ‘062 to substitute (within the separate bottom cover/cap component) a vent disposed in the location of the vent as taught by Fuhr ‘062 for the meltable function of the seal 960 as cited above, and expect sufficient venting function at high pressure from the bottom cover of the cell.
Thereby, claims 13 and 14 are rendered obvious.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by Souliac et al. (US 6399237 B1), as applied to claim 1 above, and further in view of Kitoh et al. (US 2001/0053477 A1).
Regarding claim 18, Fuhr teaches the limitations of claim 1 above but fails to explicitly teach that a resistance measured between the first electrode and the second electrode of the battery is approximately 4 mohm or below and above 0.5 mohm.
Kitoh is analogous in the art of lithium secondary batteries for electric vehicles (Kitoh [0007]) and achieves inventive goals of high energy density as well as high safety in a cylindrical battery with a wound electrode assembly (Kitoh abstract and [0015-0016]). Kitoh teaches an inventive example of such a battery with preferable energy density and safety which exhibited an internal resistance of 4 mΩ (Kitoh [0049]). Kitoh [0049] also teaches that the internal resistance causes temperature rise upon discharge of the battery.
Since modified Fuhr is silent towards a specific value of the resistance between the first and second electrode (i.e. the battery’s internal resistance) and since Fuhr is concerned with temperature rise within the battery cell per [0069], it would have been obvious to a person having ordinary skill in the art to ensure a low internal resistance of 4 mΩ (4 mohm) in order to mitigate temperature rise and improve safety and energy density as taught by Kitoh. This value falls within the range instantly claimed at its endpoint (see MPEP 2144.04 I).
Thereby, claim 18 is rendered obvious.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Fuhr et al. (US 2009/0208836 A1), as evidenced by and in view of Souliac et al. (US 6399237 B1).
Regarding claim 23, Fuhr teaches a method of producing (method of producing a battery module including providing a plurality of electrochemical cells, [0010]) battery (910, Fig. 13), the method comprising:
… an electrode assembly having a first electrode, a second electrode (battery generally comprises electrodes, [0052]) and a separator between the first electrode and the second electrode (disclosure relates to lithium-ion batteries, [0003]; electrodes with electrolyte in container, [0052]; Souliac provides evidence that lithium-ion type cells include generally include an electrochemical stack including at least one alternation of positive electrode(s), negative electrode(s), and separator, filled with electrolyte in a can – see Souliac C3L53-63; thus, the internal components of Fuhr would be expected to also include a separator for a functional lithium-ion battery as known in the art);
forming (one or more terminals that are integrally formed with the body, [0007]; one or both of the terminals may be integrally formed as a part of the cover and/or container of the battery, [0060]; container 920 includes terminals 940, 950 that may be integrally formed with container 920, [0071]) a battery housing (container 920, Fig. 13) having a first end with a first opening (where 950 protrudes through top end of 920 in Fig. 13, like opening for 850 shown in Fig. 12, in view of [0070-0072]) and a second end with a second opening opposite the first end (lower end of 920 meeting seal 960, Fig. 13 and [0071]), the battery housing accommodating the electrode assembly (Container is a generally hollow body with electrodes provided therein, [0052]) and electrically connected to the second electrode to have a second polarity (container may act as terminal, [0052]; terminal 940 integral with container 920, [0071-0072] and Fig. 13);
forming (terminal is a protrusion or extension that is extruded, drawn, molded, cast, or otherwise formed, [0054]; one or both of the terminals may be integrally formed as a part of the cover and/or container of the battery, [0060]; terminals 940, 950 that may be integrally formed with container 920, [0071]) a terminal electrically connected to the first electrode to have a first polarity (opposite terminal 950, Fig. 13), the terminal being exposed out of the battery housing through the first opening of the battery housing at the first end (950 through top end of 920 similar to opening at 850, Fig. 13 in view of Fig. 12); and
forming (extruded, drawn, molded, cast, or otherwise formed as an integral part of cover, [0054]; one or both of the terminals may be integrally formed as a part of the cover and/or container of the battery, [0060]) a cap covering and sealing the second opening at the second end of the battery housing (cover 930 sealed by 960 to bottom end of 920, [0071-0072] and Fig. 13),
wherein the cap overlaps the battery housing at the second end (930 overlaps 920 with 960 therebetween shown in Fig. 13) and has no polarity (930 insulated from 920 similar to 830 from 820 per [0070] in view of [0071-0072] and Figs. 12-13, since seal 960 is similar to seal 860 per [0071] which is insulative polymer e.g. polyethylene per [0066]; no terminals exist on 930 per [0072] and Fig. 13, therefore no polarity at 930).
Fuhr fails to explicitly teach the steps of “forming” the above-cited electrode assembly. However, Souliac does teach that the cell 1 is assembled by winding the alternating electrodes 5, 17 and separator around the support 19 along the axis X, to constitute the stack 9 (Souliac C6L16-18), where assembling reads on “forming”. A person having ordinary skill in the art would have found it obvious to use this stacking/winding formation technique as taught by Souliac in order to effectively form the electrode assembly useable within Fuhr to expectedly produce a functional battery.
Additionally, although the above-cited “forming” steps taught by Fuhr regarding forming the housing, terminal, and cover may also be applicable to or referencing alternate embodiments within Fuhr, it would still be obvious to a person having ordinary skill in the art that these components (i.e. housing, terminal, and cover) necessarily must be formed in some forming step in order to be useable in the above-cited battery cell of the Fuhr Fig. 13 embodiment.
Thereby, claim 23 is rendered obvious.
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 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8, 24-25, 30-35, 37-38, 49, 73, and 88-93 of U.S. Patent No. 12,136,706 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Reference claim 1 encompasses all features of instant claim 1
Reference claim 2 encompasses all limitations of instant claim 2 nearly verbatim.
Reference claim 3 encompasses all limitations of instant claim 3 nearly verbatim.
Reference claim 4 encompasses all limitations of instant claim 4 nearly verbatim.
Reference claim 8 encompasses all limitations of instant claim 5 nearly verbatim.
Reference claim 24 encompasses all limitations of instant claim 6 nearly verbatim.
Reference claim 25 encompasses all limitations of instant claim 7 nearly verbatim.
Reference claim 30 encompasses all limitations of instant claim 8 nearly verbatim.
Reference claim 31 encompasses all limitations of instant claim 9 nearly verbatim.
Reference claim 32 encompasses all limitations of instant claim 10 nearly verbatim.
Reference claim 33 encompasses all limitations of instant claim 11 nearly verbatim.
Reference claim 34 encompasses all limitations of instant claim 12 nearly verbatim.
Reference claim 35 encompasses all limitations of instant claim 13 nearly verbatim.
Reference claim 37 encompasses all limitations of instant claim 14 nearly verbatim.
Reference claim 38 encompasses all limitations of instant claim 15 nearly verbatim.
Reference claim 49 encompasses all limitations of instant claim 16.
Reference claim 73 encompasses all limitations of instant claim 17.
Reference claim 88 encompasses all limitations of instant claim 18 nearly verbatim.
Reference claim 89 encompasses all limitations of instant claim 19 nearly verbatim.
Reference claim 90 encompasses all limitations of instant claim 20 nearly verbatim.
Reference claim 91 encompasses all limitations of instant claim 21 nearly verbatim.
Reference claim 92 encompasses all limitations of instant claim 22 nearly verbatim.
Reference claim 93 encompasses all features of instant claim 23.
Claims 1 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 30 (depending on 19) of U.S. Patent No. 12,283,722 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Reference claim 19 encompasses most of the limitations of instant claim 1 except the cap having no polarity, but reference claim 30 encompasses this limitation.
Claims 1 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13 (depending on 12) of U.S. Patent No. 12,451,523 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Reference claim 12 encompasses most of the limitations of instant claim 1 except the cap having no polarity, but reference claim 13 encompasses this limitation.
Reference claim 13 also encompasses additional limitations of instant claim 6 regarding beading portion.
Conclusion
The ART made of record and not relied upon is considered pertinent to applicant's disclosure:
Jung (US 20230231246 A1) teaches a similar battery housing and terminal structure (120 and 170, Fig. 1) and a non-polar cap (130; [0053], Fig. 1) having vent notch therein (131, Fig. 1), but Jung is not PRIOR art based on later filing and publication dates.
Ko et al. (US 20240356123 A1) also teaches a similar battery housing and terminal structure (110 and 150, Fig. 2) with a beading/crimped portion of the housing (113, Fig. 2) against a non-polar cap plate (160; [0068], Fig. 2) having vent notch therein ([0067]), but Ko is not PRIOR art based on later filing and publication dates.
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/JESSIE WALLS-MURRAY/Primary Examiner, Art Unit 1728
