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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a providing module” and “an installing module in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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 7, 13, 17 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.
The term “close” in claim 7 is a relative term which renders the claim indefinite. The term “close” 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. The term “close,” does not distinguish where within the energy storage container the weaken zone is located beyond a region of the isolating member. It is unclear if “provided in a region of the isolating member,” is defined by the isolating member or within the isolating member itself. Therefore the claim is indefinite. For the purpose of examination the weakened region will be considered located by any area defined by the isolating member within the energy storage container.
Claim 13, recites, ” The energy storage container according to claim 1, wherein a plurality of inflatable structures are provided in the enclosed space , an interior of an inflatable structure is filled with a confining gas, and a confining gas is filled between the inflatable structure and the enclosed space. “ The “inflatable structure,” which is not define by the specification as to what constitutes an inflatable structure, and as all materials at differing pressures would be inflatable, and neither the material or the pressure are defined by the claim or the specification, it is indefinite as to what constitutes a “inflatable structure.”
Claim 13, recites a confining gas is filled between the inflatable structure and the enclosed space. It is unclear what is meant by a “confining gas,” as the confining gas is both within the inflatable structure, and outside the inflatable structure would not constitute confining, and is therefore indefinite.
Regarding Claim 17, the limitations “a providing a module configured to…” and “an installing module configured to” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Providing a module does not disclose the structure or materials of the module. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1, 9, 11, 12, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (CN112002854A).
As to claim 1, Xu discloses an energy storage container (explosion-proof battery (1) [0130] fig. 7), comprising: a pressure relief mechanism provided on a first wall of the energy storage container (Pressure relief device (60) [0135-0136] fig. 7); and an isolating member provided on a side of the pressure relief mechanism facing an interior of the energy storage container (annotated fig. 7), the interior of the energy storage container being configured to accommodate at least one battery (Battery module (30) [0151] fig. 7), and an enclosed space being formed between the isolating member and the pressure relief mechanism (Second box body (20) [0149] fig. 7) ; wherein the isolating member is configured to be actuated when an internal pressure or temperature of the energy storage container reaches a threshold, to relieve the internal pressure or temperature to the enclosed space, and the pressure relief mechanism is configured to be actuated when a pressure or temperature of the enclosed space reaches a threshold, to relieve the internal pressure or temperature to an exterior of the energy storage container (Relief vale (32) and pressure relief device (50) [0198-0204] fig. 7).
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(Xu annotated fig. 7)
As to claim 9, Xu discloses the isolating member comprises: an isolating plate, and the isolating plate is connected to walls of the energy storage container adjacent to the first wall, so that the enclosed space is formed between the isolating member and the first wall. (Annotated fig. 7 above)
As to claim 11, Xu discloses the isolating member comprises: an isolating plate and a connecting member, the connecting member is attached to a region of the first wall around the pressure relief mechanism, and an edge region of the isolating plate is attached to the connecting member, so that the enclosed space is formed between the isolating plate and the first wall.
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(Xu, annotated fig. 7)
As to claim 12, the rejection of claim 11 is incorporated, Xu discloses the connecting member is a heat preserving member and the heat preserving member is attached to a region of the first wall other than the pressure relief mechanism. (The connecting member as shown in annotated fig. 7 above is attached to a region of the first all and forms the enclosed space thereby preventing heat from escaping or acting as a heat preserving member.
As to claim 16 and 17, Xu discloses A method for producing an energy storage container, comprising: providing (S210) a pressure relief mechanism; installing (S220) the pressure relief mechanism on a first wall of the energy storage container; providing (S230) an isolating member; and installing (S240) the isolating member on a side of the pressure relief mechanism facing an interior of the energy storage container, the interior of the energy storage container being configured to accommodate at least one battery, and an enclosed space being formed between the isolating member and the pressure relief mechanism; wherein the isolating member is configured to be actuated when an internal pressure or temperature of the energy storage container reaches a threshold, to relieve the internal pressure or temperature to the enclosed space, and the pressure relief mechanism is configured to be actuated when a pressure or temperature of the enclosed space reaches a threshold, to relieve the internal pressure or temperature to an exterior of the energy storage container.
Additionally, regarding claim 17, the features “a providing module” and “an installing module” are not identified with any particular structure as set forth above. As Xu teaches an assembled container, it is the examiner’s position that the installing module and providing module is present, as the features are provided and installed.
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.
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) 2 - 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (CN112002854A) as applied to claim 1 above, and further in view of Bowsky et al. (US4803136A).
As to claim 2, Xu does not exp-licitly disclose, the isolating member is provided with a weakened zone, and the weakened zone is capable of fracturing when the internal pressure or temperature of the energy storage container reaches the threshold, to relieve the internal pressure or temperature to the enclosed space.
However in the same field of endeavor Bowsky discloses electro-chemical container [Abstract] and teaches a container having etched planar surface provided as a safety vent rupturing on a predetermined pressure [C4L14-38], and further teaches the safety vent prevents the undesirably dangerous preceding minor breaks or leaks which would otherwise permit possibly dangerous and explosive pressure build-ups beyond a desired pressure level [C3L58-64].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Xu’s relief valve (32) with the safety vent as taught by Bowsky to prevent the undesirably dangerous preceding minor breaks or leaks which would otherwise permit possibly dangerous and explosive pressure build-ups beyond a desired pressure level.
As to claim 3, the rejection of claim 2 is incorporated, modified Xu discloses a thickness of the weakened zone is less than a thickness of other region of the isolating member, (etched planar area etched to a preselected depth to serve as the safety vent [Bowsky, C4L14-38].
As to claim 4, the rejection of claim 2 is incorporated, modified Xu discloses the weakened zone comprises an indentation (Indentation within the etched planar area to obtain refined pressure sensitivity without sacrifice of uniformity of response of the weakness of the safety vent. [Bowsky, C4L53-56]
As to claim 5, the rejection of claim 4 is incorporated, modified Xu discloses the indentation forms a target pattern (Circular horseshoe-shaped arcs 7), and in a case that the indentation fractures, a region where the target pattern is located is used to form a passage (Relief valve (32) venting through pressure relief device (50), Xu, fig. 7) connecting the enclosed space with an internal space of the energy storage container for accommodating the battery [Bowsky, C6L32-68].
As to claim 6, the rejection of claim 5 is incorporated, modified Xu discloses the target pattern is a non-closed pattern (circular arc (7), [Bowsky, C6L32-68]).
As to claim 7, the rejection of claim 2 is incorporated, modified Xu discloses the weakened zone is provided in a region of the isolating member close to the pressure relief mechanism (Arc (7) of Valve (32) located in first box body defined by the isolation member shown in annotated fig. 7 adjacent or close to the pressure relief device (60)) .
As to claim 8, the rejection of claim 2 is incorporated, a plurality of weakened zones are provided on the isolating member. It would be obvious to include the necessary size or number of vents (weaken zones) to evacuate the gas pressure and the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
As to claim 16, Xu teaches an energy storage container as discussed above. The examiner notes that the only method steps present are "providing" and "installing", as such, if the elements are included, the limitations is met. Xu teaches a pressure relief mechanism (pressure relief device (60) [0198-0204]. Because the pressure relief mechanism is present it is the examiner's position that it must be provided. Similarly, Xu teaches an isolating member (Relief vale (32) and pressure relief device (50) [0198-0204] fig. 7) and because the isolating member is present i it is the examiner's position that it must be provided.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (CN112002854A, in view of Bowsky et al. (US4803136A),as applied to claim 9 above, and further in view of Bruch et al. (US2018/0138463A1).
Xu does not explicitly disclose the energy storage container further comprises: a heat preserving member provided in the enclosed space and attached to a region of the first wall other than the pressure relief mechanism.
In the same field of endeavor Bruch discloses battery case [Abstract] and teaches a battery case may be coated on the interior with a insulative coating in a partial area of interest to prevent a short circuit of the battery [0145-0147].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Xu’s interior space with the insulative coating as taught by Bruch to prevent the short circuits.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Shin et al. (US2022/0384905A1) Battery cover with grooves.
Yin et al. (US2021/0408634A1) Vent valve with weaken area.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights