BATTERY UNIT, BATTERY MODULE, AND VEHICLE
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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/1/2024 and 10/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “adhesive layer” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "111" and "11" have both been used to designate first electrode tab or first connecting piece and “121” and 12 have both been used to designate second electrode tab or second connecting piece. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3, 5-9, 11-13, 15, and 16 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.
Claim 3 recites the limitation "the other long axis". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the positive lead-out sheet". There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the insulation side plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitations "the short axes” and “the positive lead-out sheet". There is insufficient antecedent basis for these limitations in the claim.
Further, claim 7 discloses the electrode terminal cover plate being separately physically and electrically connected to the housing and the positive lead-out sheet. “Separately physically and electrically connected” implies that it is and is not connected to the housing.
Claim 8 recites the limitations "the electrode terminal” and “the positive lead-out sheet". There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitations "the long axis” and “the positive lead-out sheet". There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites the limitation “the negative lead-out sheet". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitations "the long axis” and “the short axis". There is insufficient antecedent basis for these limitations in the claim.
Claim 13 recites the limitation “the long axis". There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations "the long axis” and “the short axis". There is insufficient antecedent basis for these limitations in the claim.
Claim 16 recites the limitations "the long axis” and “the short axis". There is insufficient antecedent basis for these limitations in the claim.
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.
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.
Claims 1, 2, 4, 7-10, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 214898606 U) and further in view of Lu et al. (EP 3742524 A1 using US 2021/0050581 A1 as an English language translation.).
Regarding claims 1, 17, and 18, Chen et al. teach a battery unit comprising a battery module (Abstract), comprising:
a housing, a chamber being defined in the housing (Fig. 1, element 100 discloses a housing which is clearly hollow defining a chamber.);
an electrode core, the electrode core being arranged in the chamber (Figs. 1 and 5, element 500 discloses a cell.), the electrode core comprising a first electrode tab and a second and electrode tab (Fig. 3, elements 510, 520, 530, and 530 disclose a first, second, third, and fourth tabs, respectively.), one of the first electrode tab and the second electrode tab being a positive electrode tab (Paragraph 0038 discloses elements 510 and 520 are positive tabs.), the other one of the first electrode tab and the second electrode tab being a negative electrode tab (Paragraph 0038 discloses elements 530 and 540 are negative tabs.), and each of an end of the first electrode tab and/or an end of the second electrode tab away from the electrode core comprising a plurality of connection pieces spaced apart (Fig. 3 shows the tabs, elements 510-540 are comprised of connection pieces.);
a first electrode terminal, the first electrode terminal being electrically connected to the first electrode tab (Fig. 1; paragraph 0036 discloses a first terminal post, element 211, connected to the positive tabs, elements 510 and 520.) ; and
a second electrode terminal, the second electrode terminal being electrically connected to the second electrode tab (Fig. 1; paragraph 0036 discloses second terminal post, element 221, connected to the negative tabs, elements 530 and 540.).
However, Chen et al. do not teach the positive electrode tab being physically and electrically connected to the housing.
Lu et al. teach a battery pack for an electric vehicle (Abstract). Further, the battery pack a housing having a sealed chamber (Fig. 1, element 10), a core packaged in the sealed chamber (Fig. 1, element 11), and a first terminal (Fig. 1, element 12a) and a second terminal respectively mounted to the housing (Fig. 1, element 12b). The first terminal may be a positive terminal (Paragraph 0037) which is connected to the housing (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen with Lu in order to reduce risk of corrosion and improve safety and service life.
Regarding claims 2 and 16, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach wherein the electrode core has a long axis and a short axis, the first electrode tab is arranged along the long axis or the short axis, and the second electrode tab is arranged along the long axis or the short axis; wherein a size of the long axis is greater than a size of the short axis (See annotated Fig. 2 below which shows elements 510/520 and 530/540 on the short axis.).
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Fig. 2 of Chen
Regarding claims 4 and 10, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach further comprising: a positive lead-out sheet, the positive lead-out sheet being separately physically and electrically connected to the positive electrode tab and the positive electrode terminal (Fig. 2; Paragraph 0039 discloses the first and second tab, elements 510 and 520, are electrically connected to the first terminal post, element 211, through a first connector, element 300.); and further comprising: a negative lead-out sheet, the negative lead-out sheet being separately physically and electrically connected to the negative electrode tab and the negative electrode terminal (Fig. 2; Paragraph 0039 discloses the third and fourth tab, elements 530 and 540, are electrically connected to the second terminal post, element 221, through a first connector, element 400.).
Regarding claims 7 and 8, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach further comprising: an electrode terminal cover plate, the electrode terminal cover plate being arranged along one of the short axes (Fig. 5 discloses a top cover, element 210, of the housing. Clearly located on the short axes.), the positive electrode terminal and the negative electrode terminal being arranged on the electrode terminal cover plate (Fig. 5, element 211 shows the positive or first terminal pole.), and the electrode terminal cover plate being separately physically and electrically connected to the housing and the positive lead-out sheet (Fig. 2 shows the top cover, element 210, connected to the housing and the positive lead-out sheet, element 300.).
Further, Lu discloses cover plate can be comprised of aluminum being that the entire housing is made of aluminum (Paragraph 0037).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen with Lu in order to reduce risk of corrosion and improve safety and service life.
Regarding claim 9, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach wherein the positive lead-out sheet extends in a direction of the long axis (Fig. 2, element 300 shows in the same direction as the long axis.).
Regarding claim 15, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. further comprising: an explosion-proof valve cover plate, the explosion-proof valve cover plate being arranged along the short axis, and the explosion-proof valve cover plate and the electrode terminal cover plate being located on two sides of the long axis (Fig. 2; paragraph 0047 discloses the top cover, element 210, is provided with an explosion-proof hole.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 214898606 U) and Lu et al. (EP 3742524 A1 using US 2021/0050581 A1 as an English language translation.) as applied to claim 1 above, and further in view of Lee et al. (KR 2020-0091687 A).
Regarding claim 3, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach wherein the electrode core has two long axes opposite to each other and two short axes opposite to each other (See annotated Fig. 2 in paragraph 33 above.). However, they do not teach the first electrode tab is arranged along one of the long axes, the second electrode tab is arranged along the other long axis, one of the first electrode terminal and the second electrode terminal is a positive electrode terminal, the other one of the first electrode terminal and the second electrode terminal is a negative electrode terminal, and both the positive electrode terminal and the negative electrode terminal are arranged along one of the short axes.
Lee et al. teach a secondary battery (Abstract). Further, the electrode core has two long axes opposite to each other and two short axes opposite to each other (Fig. 1 discloses the electrode assembly, element 10, is a rectangular shape.), wherein the first electrode tab is arranged along one of the long axes (Fig. 1, element 111 discloses one tab on the long axis.), the second electrode tab is arranged along the other long axis (Fig. 1, element 122 discloses one tab on the opposite size of element 111.) , one of the first electrode terminal and the second electrode terminal is a positive electrode terminal (Paragraph 0038 discloses element 121 is a positive terminal.) the other one of the first electrode terminal and the second electrode terminal is a negative electrode terminal (Paragraph 0038 discloses element 122 is a negative terminal.), and both the positive electrode terminal and the negative electrode terminal are arranged along one of the short axes (Fig. 1 discloses both can be on the short and long axes.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen and Lu with Lee so that the current and resistance inside the electrode assembly becomes uniform and thus the variation in capacitance and the variation in degradation rate can be reduced.
Claims 5, 6, 11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 214898606 U) and Lu et al. (EP 3742524 A1 using US 2021/0050581 A1 as an English language translation.) as applied to claim 1 above, and further in view of Kim et al. (US 2020/0044275 A1).
Regarding claims 5 and 6, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach wherein the positive electrode tab is a bent member having a first opening groove (Fig. 3 discloses each of the tabs, elements 510-540, have a bent member, elements 511-541.). However, they do not teach the battery unit further comprises:
a first insulation side plate, the first insulation side plate being arranged in the first opening groove, so that at least a part of the positive electrode tab is located between the first insulation side plate and the positive lead-out sheet.
Kim et al. teach a battery (Fig. 1C, element 100) wherein the positive electrode tab is bent (Paragraphs 0056, 0072; Fig. 1C, elements 161,162 disclose bent positive multi-tabs.). Further comprising a first insulation side plate (Fig. 1C, element 180), the first insulation side plate being arranged in the first opening groove (Paragraph 0069; Fig. 1C discloses the insulation plate, element 180, arranged in the corner of the bent tab, elements 161/162.), so that at least a part of the positive electrode tab is located between the first insulation side plate and the positive lead-out sheet (Fig. 1C, element 145); wherein the first insulation side plate is connected to the electrode core through an adhesive layer (Paragraph 0113).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen and Lu with Kim in order to prevent short-circuiting.
Regarding claim 11, the combination of Chen and Lu et al. teach the battery unit according to claim 1. Further, Chen et al. teach wherein the negative electrode tab is a bent member having a second opening groove (Fig. 3 discloses each of the tabs, elements 510-540, have a bent member, elements 511-541.). However, they do not teach the battery unit further comprises: a second insulation side plate, the second insulation side plate being arranged in the second opening groove, so that at least a part of the negative electrode tab is located between the second insulation side plate and the negative lead-out sheet; and a third insulation side plate, the third insulation side plate being arranged along one of the short axes and being located between the negative lead-out sheet and the electrode core, so that the negative lead-out sheet is insulated from the electrode core.
Lu et al. teach a third insulation side plate (Fig. 3, element 103 discloses an insulating sealing cover.), the third insulation side plate being arranged along one of the short axes (Fig. 3 shows element 103 being on the short axis of the rectangular shaped battery.) and being located between the negative lead-out sheet (Fig. 3, element 12b) and the electrode core (Fig. 3, element 11.), so that the negative lead-out sheet is insulated from the electrode core (Paragraph 0041).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen with Lu in order to reduce risk of corrosion and improve safety and service life.
Kim et al. teach a battery (Fig. 1C, element 100) wherein the negative electrode tab is bent (Paragraphs 0056, 0072; Fig. 1C, elements 171,172 disclose bent positive multi-tabs.). Further comprising a first insulation side plate (Fig. 1C, element 180), the first insulation side plate being arranged in the first opening groove (Paragraph 0069; Fig. 1C discloses the insulation plate, element 180, arranged in the corner of the bent tab, elements 171/172.), so that at least a part of the negative electrode tab is located between the first insulation side plate and the negative lead-out sheet (Fig. 1C, element 155).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen and Lu with Kim in order to prevent short-circuiting.
Regarding claims 13 and 14, the combination of Chen and Lu et al. teach the battery unit according to claim 1. However, they do not teach wherein the plurality of connection pieces are spaced apart in the extension direction of the long axis or that they are connected in series.
Kim et al. teach the connection pieces are spaced apart in the extension direction of the long axis (See elements 161, 161, 171, and 172 in Fig. 1C). Further, they are connected in series (Paragraph 0134).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Chen and Lu with Kim in order to prevent short-circuiting.
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 1-3, 5-7, 14, 15, 17, and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 8, 9, 12, 13 and 15-17 of copending Application No. 18/639,314 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of these two sets of claims contain the same subject matter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter of claim 12 is not disclosed in the prior art. Further modification with the present disclosed prior art would teach away from the purpose of their inventions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/ Primary Examiner, Art Unit 1729 July 23rd, 2026
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