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 .
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.
Claim(s) 1-4, 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US-20050196665-A1) in view of Marukawa et al. (US-20030017387-A1).
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With regards to claim 1, Shimizu teaches a battery pack comprising: a plurality of battery cells (batteries) (¶ 0047). In Fig. 18 and ¶ 0083, Shimizu teaches that the batteries are in direct contact with each other. Shimizu also teaches that the battery cells are electrically connected to each other (¶ 0047). As shown in Fig. 18 below, the plurality of battery cells are arranged in a first direction. Shimizu teaches each battery cell includes a case that comprises a pair of cans that enclose the electrode assembly (¶ 0038). Shimizu teaches that one of the pair of cans is connected to a positive electrode and the other is connected to a negative electrode such that the end faces of each cell may serve as positive and negative terminals (¶ 0038). In ¶ 0047, Shimizu teaches that the end faces of adjacent cells abut against each other to form an electrical connection. This is possible if one end face is a positive terminal and the adjacent end face is a negative terminal which reads on the plurality of battery cells having an inverse polarity with respect to an adjacent one of the plurality of battery cells. Fig. 18 is shown below.
Although Shimizu teaches that the cells are in direct contact to one another, Shimizu does not specifically teach that the cells are pressurized toward each other.
In a similar field of endeavor, Marukawa teaches a battery pack comprising a plurality of cells (batteries) stacked side-by-side (¶ 0005). Marukawa teaches that if a gap is generated between the cells, expansion of the battery cases can not be prevented (¶ 0014). Marukwa goes on to teach that the cells are maintained under high pressure by a pair of pressurizing plates (¶ 0046). Marukawa teaches that when the batteries are pressurized toward each other in this manner, there is no possibility that a gap is generated between adjacent cells (¶ 0047).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the battery cells taught by Shimizu to be pressurized towards each other as taught by Marukawa. This will predictably ensure there are no gaps between the battery cells and prevent an expansion of the battery case.
With regards to claim 2, Shimizu teaches that each battery cell includes a case that comprises a pair of cans that enclose the electrode assembly (¶ 0038 and Fig. 17). The pair of cans read on a first (2a) and second can (2b). Shimizu teaches that one of the pair of cans is connected to a positive electrode and the other is connected to a negative electrode such that the end faces of each cell may serve as positive and negative terminals (¶ 0038). This reads on the first and second can having different polarities from each other. In Fig. 18 shown above, Shimizu shows that the plurality of battery cells are arranged in a first direction, however, in Fig. 17, Shimizu teaches that the first and second cans are arranged in a different direction. It would have been obvious to one of ordinary skill in the art that the time the invention was effectively filed to rearrange the first and second cans as taught in Fig. 17 to be disposed on the sides of the electrode assembly as shown in modified Fig. 17 below. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). Through this modification, the first can and the second can are arranged in the first direction or the same
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direction as the cells in the battery pack shown in Fig. 18 above.
With regards to claim 3, Shimizu teaches that each cell comprises a positive and negative electrode which reads on a first and second electrode (¶ 0038). In ¶ 0043, Shimizu teaches that the positive electrode may be an oxide containing lithium whereas the negative electrode may be a material containing silicon. This reads on a first and second electrode including heterogenous metals different from each other.
With regard to claim 4, Shimizu teaches that the first can (positive electrode) and the and second can (negative electrode) may be formed of different materials (¶ 0045). Shimizu teaches that the first or second can may comprise materials such as aluminum, stainless steel and copper (¶ 0045). In an example, Shimizu teaches that the first can (positive electrode) may comprise aluminum and the second can (negative electrode) may comprise copper (¶ 0045). Although Shimizu does not specifically teach that the second can comprises steel, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the copper taught by Shimizu with the stainless-steel taught Shimizu as copper and stainless steel are both taught as suitable materials. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). Through this modification, modified Shimizu teaches that the first can comprises aluminum and the second can comprises steel.
With regards to claim 6, Shimizu teaches a joint ring for joining an open end portion of the first and second cans (¶ 0038 and Fig. 17). Shimizu teaches that a region of the joint ring that is in contact with the first can is electrically insulated from a region of the joint ring that is in contact with the second can (¶ 0038). Shimizu also teaches that the joint ring serves to hermetically seal the battery case (¶ 0040). This reads on the first can and the second can being coupled to each other and insulated from each other with a sealing gasket (joint ring) between the first can and the second can. See Fig. 17 below.
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With regards to claim 10, Shimizu teaches that forming both end faces of adjacent cells in a flat shape eliminates the need to include a connector for connecting the adjacent batteries (¶ 0047). This reads on the plurality of cells being coupled together without a bus bar.
Claim(s) 1-2, 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haug (US-20140295239-A1) in view of Marukawa et al. (US-20030017387-A1).
With regards to claim 1, Haug teaches a battery pack (module) comprising: a plurality of battery cells (¶ 0001). In ¶ 0008 and Fig. 5, Haug teaches that the housing elements form the terminals of the battery cell and may be interconnected to form a battery pack (battery cell module), since the battery cells according to the invention can be contacted anywhere on the housing elements. This reads on the battery cells being in direct contact with each other and electrically connected to each other. As shown in Fig. 5, the plurality of battery cells are arranged in a first direction and wherein each of the plurality of battery cells has an inverse
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polarity with respect to an adjacent one of the plurality of battery cells. See Fig. 5 below.
Although Huag teaches that the cells are in direct contact to one another, Huag does not specifically teach that the cells are pressurized toward each other.
In a similar field of endeavor, Marukawa teaches a battery pack comprising a plurality of cells (batteries) stacked side-by-side (¶ 0005). Marukawa teaches that if a gap is generated between the cells, expansion of the battery cases can not be prevented (¶ 0014). Marukwa goes on to teach that the cells are maintained under high pressure by a pair of pressurizing plates (¶ 0046). Marukawa teaches that when the batteries are pressurized toward each other in this manner, there is no possibility that a gap is generated between adjacent cells (¶ 0047).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the battery cells taught by Huag to be pressurized towards each other as taught by Marukawa. This will predictably ensure there are no gaps between the battery cells and prevent an expansion of the battery case.
With regards to claim 2, Haug teaches that each of the plurality of battery cells comprises a first and second housing element that are electrically connected to the positive and negative poles (¶ 0008). This reads on a first can and a second can having different polarities from each other. As shown in Fig. 5 above, the first can and the second can are arranged in the first direction.
With regards to claim 5, as discussed earlier, Haug teaches that each of the plurality of battery cells comprises a first can (first housing element) and second can (second housing element) (¶ 0008). In ¶ 0012, Haug teaches that at least one housing element (first and second housing elements) is in contact with a heat sink. Since there Huag teaches a first and second housing element, this reads on at least one of the first and second cans (first and second housing elements) being in contact with a heat sink. Haug goes on to teach that this allows for efficient cooling since the cooling effect is provided directly on the current-carrying parts (first and second housing elements). This heat sink reads on a cooling member in direct contact with at least one of the first and second can (first and second housing elements). Haug does not specifically teach that the first can is in direct contact with a cooling member and the second can is not in direct contact with the cooling member.
However, It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the battery pack taught by Haug to have the first can is in direct contact with a cooling member (heat sink) and the second can not in direct contact with the cooling member (heat sink) since Haug teaches that at last one the housing elements may be in contact with the heat sink. In a case where only the first can is in direct contact with the heat sink, the second can will not be in direct contact with the cooling member. This will predictably efficiently cool the battery cells as discussed by Haug. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
With regards to claim 9, Haug teaches that the first and second cans (housing elements) are preferably prismatic (¶ 0009). This reads on the plurality of battery cells comprising prismatic cells.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (US-20050196665-A1) in view of Marukawa et al. (US-20030017387-A1) as applied to claim 2 above and in further view of Nonoshita et al. (US-20100003599-A1).
With regards to claim 7, In ¶ 0003 and Fig. 17, Shimizu teaches that the battery cells comprise of an electrode plate group which includes the positive electrode, negative electrode and separator in a cylindrical case. Shimizu teaches that the positive electrode comprises a positive electrode material such as oxides containing lithium (¶ 0043). The positive electrode reads on a positive electrode member. In ¶ 0057, Shimizu teaches that the positive electrode protrudes from one end of the electrode assembly (electrode plate group) to be electrically connected to an inner surface of the first can (2a). This reads on each of the plurality of battery cells comprising a positive electrode member facing the first can (2a). In ¶ 0057, Shimizu teaches that the separator is placed as outermost periphery of the electrode plate group to reduce the possibility that the electrodes being in direct contact with the cans which causes a short circuit. Although Shimizu teaches positive electrode materials, Shimizu does not specifically teach a positive electrode material on a single surface of the positive electrode member. See Fig. 17 below.
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In a similar field of endeavor, Nonoshita teaches a battery comprising an electrode plate group including a positive electrode, negative electrode and separator in a cylindrical case (¶ 0175 - ¶ 0176). Similar to Shimizu, Nonoshita teaches that the positive electrode may include oxide containing lithium as an active material (¶ 0159). In ¶ 0177, Nonoshita teaches that the positive electrode includes a positive electrode current collector and a positive electrode active material layer. This positive electrode current collector reads on a positive electrode member. Nonoshita teaches that the positive electrode active material may be formed on one surface of the positive electrode member (current collector).
Since Shimizu and Nonoshita teach similar batteries, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to form the positive electrode taught by Shimizu in the same manner as the positive electrode taught by Nonoshita as there are no unpredictable results. Through this modification, the positive electrode taught by Shimizu will comprise of a positive electrode material formed on a single surface of the positive electrode member (electrode current collector).
With regards to claim 8, modified Shimizu teaches that the positive electrode comprises a positive electrode material formed on a single surface of the positive electrode member (electrode current collector). Modified Shimizu does not specifically teach that the single surface of the positive electrode member faces away from the first can. However, as mentioned earlier, Shimizu teaches that the separator is placed as the outermost periphery of the electrode plate group to reduce the possibility that the electrodes being in direct contact with the cans which causes a short circuit ( ¶ 0057). Thus, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to form the positive electrode material on the surface of the positive electrode member that faces away from the can as this would predictably reduce the possibility that the electrode being in direct contact with the cans and causing a short circuit.
Conclusion
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/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
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