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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0068], there is a missing word. “numbers of the first and second vent holes 25 and 30 may adjusted” should be rewritten as “numbers of the first and second vent holes 25 and 30 may be adjusted”.
In paragraph [0079], “if the difference in pressures causes the tip 108 0f the cover 101” has a zero instead of an “o” and should be rewritten as “if the difference in pressures causes the tip 108 of the cover 101”.
Appropriate correction is required.
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, 10, 12, and 19 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 7: The phrasing of “a plurality of wires bent to be elastically deformable in an unbending direction” is confusing and renders doubt on how the wires are bent to be deformable in a direction which does not allow bending. Paragraph [0078] of the instant specification describes unbending direction as “stretched in a direction oriented from the housing 10 toward the central portion 102 of the cover 101)”. Based on this language, the claim has been interpreted as describing wires which have the capability to be extended or compressed along an axial direction and examination is based on this interpretation. Rephrasing this claim to better clarify an “unbending direction” would overcome this rejection.
Claim 10: In lines 3-4 of the claim, the phrase “from the central portion, the being configured to contact an outer surface of the housing” lacks clarity on what is being configured to contact an outer surface of the housing. From context of the claim, the examiner has interpreted this to be the outer circumferential portion of the cover which is in contact with the outer surface of the housing and examination is based on this interpretation. Claims 11-18 inherit this rejection via dependency on Claim 10. Modifying the claim to identify the part of the invention which is in contact with the outer surface of the housing would overcome this rejection and corresponding rejections for the dependent claims 11-18.
Claim 12: In line 2, Claim 12 recites the limitation “between the outer surface and the outer circumferential portion”. There is insufficient antecedent basis for this limitation in the claim. In line 4 of Claim 10, the limitation “an outer surface of the housing” is established and “the outer surface of the housing” is referenced in line 5 of Claim 11. The omission of “of the housing” applies uncertainty as to what part “the outer surface” is referencing, rendering the claim indefinite. Replacing “the outer surface” with “the outer surface of the housing” would overcome this rejection.
Claim 19: The phrase "at least one vent hole" in line 1 establishes that a single vent hole may be used as an embodiment of the invention, but the following limitation "includes first vent holes and second vent holes" requires that more than one vent hole is present. From this language, it is unclear if the invention as claimed is limited to at least one vent hole or limited to at least two vent holes.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 9-10, 13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koster et al (DE 102013016668 A1).
Regarding Claim 1,
Koster teaches a venting device (device 1 for reducing the internal pressure in a battery housing 2; [0031]) comprising a valve body 3 consisting of a cover (base body 3.1; [0031]), positioned on one side of a wall to cover a vent hole through which gas is flowable (the base body 3.1 closes an opening 5 in the battery housing 2 and is located on an outer side 2.1 of the housing; [0032], FIG 1), the cover 3.1 being connected to a connection pin (pin 3.2; [0033]). The connection pin 3.2 passes through the wall (the pin 3.2 must be led from the outside through the opening 5 in the battery housing 2), is connected to a hook (spring element 4; [0033]) and is oriented between the hook 4 and the cover 3.1 (FIG 1). As seen in FIG 2, the hook 4 is configured to pass through the wall to the other side of the wall 2.1 and
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anchor the cover 3.1 and the connection pin 3.2 to the wall.
Regarding Claim 2,
Koster teaches the venting device of Claim 1, wherein the connection pin 3.2 is connected to the cover 3.1 at a central portion of the cover 3.1 ([0033]). The cover 3.1 is disk-shaped and expands to have an outward circumferential portion (sealing element 6), in contact with the one side of the wall 2.1 to block movement of gas through the hole 5 ([0032-0033]).
Regarding Claim 4,
Koster teaches the venting device of Claim 2, wherein in a case where pressure at the other side of the wall 2.2 is greater than pressure at the one side of the wall 2.1 and a pressure difference between 2.2 and 2.1 is greater than a hook 4 deformation critical pressure, the hook 4 is elastically deformed so that the connection pin 3.2 moves to the one side of the wall 2.1 and the outer circumferential portion 6 of the cover 3.1 is displaced from the one side of the wall 2.1 ([0034-0038], FIG 2).
Regarding Claim 9,
Koster teaches a battery pack (battery housing 2; [0031]) comprising sidewalls defining an inner space (inner side 2.2; [0036]) of the housing 2, a vent hole (opening 5; [0032]) through one of the side walls, and configured to hold a plurality of battery cells ([0030]). A venting device (device 1 for reducing the internal pressure in a battery housing 2; [0031]) comprising a valve body 3 consisting of a cover (base body 3.1; [0031]), positioned on an external surface (outer side 2.1; [0032]) to cover the vent hole 5 (the base body 3.1 closes an opening 5 in the battery housing 2 and is located on an outer side 2.1 of the housing; [0032], FIG 1), the cover 3.1 being connected to a connection pin (pin 3.2; [0033]). The connection pin 3.2 passes through the housing 2 (the pin 3.2 must be led from the outside through the opening 5 in the battery housing 2), is connected to a hook (spring element 4; [0033]) and is oriented between the hook 4 and the cover 3.1 (FIG 1). The hook 4 is positioned at an inner surface (inner side 2.2; [0036]) of the housing 2 and anchors the cover 3.1 and connecting pin 3.2 to the housing 2.
Regarding Claim 10,
Koster teaches the battery pack of Claim 9, wherein the connection pin 3.2 is connected to the cover 3.1 at a central portion of the cover 3.1 ([0033]). The cover 3.1 is disk-shaped and expands to have an outward circumferential portion (sealing element 6), in contact with the external surface 2.1 to block movement of gas through the hole 5 ([0032-0033]).
Regarding Claim 13,
Koster teaches the battery pack of Claim 10, wherein in a case where an internal pressure of the housing 2.2 is greater than external pressure of the housing 2.1 and a pressure difference between 2.2 and 2.1 is greater than a hook 4 deformation critical pressure, the hook 4 is elastically deformed so that the connection pin 3.2 moves to the outer side of the housing 2.1 and the outer circumferential portion 6 of the cover 3.1 is displaced from outer surface of the housing 2.1 ([0034-0038], FIG 2).
Regarding Claim 15,
Koster teaches the battery pack of Claim 13, wherein the spring element 4 comprises a first region B1 with a bore 4.1 coupled to the pin 3.2 and elastic spokes (spring arms 4.2) extending from the bore into a second region B2 wherein the spokes 4.2 contact the inner surface 2.2 of the battery housing 2 ([0036]).
Regarding Claim 16,
Koster teaches the battery pack of Claim 15, wherein the battery housing 2 comprises grooves on the inner surface 2.2 of the housing. The grooves are formed relative to retaining elements 9 extending toward the inner region of the battery housing and are placed radially surrounding the vent hole 5 (Fig 1 and 2). The second regions B2 of the spring element 4 comprise hook formations 10 which latch into the undercut grooves created by the retaining elements 9 and prevent detachment of the spokes [0040].
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) 3, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Koster in view of Zhou et al (CN 104993079 B).
Regarding Claim 3,
Koster teaches the venting device of Claim 2, but does not teach a case wherein the cover 3.1 is configured to deform and displace from the one side of the wall 2.1 based on a pressure difference between the one side of the wall 2.1 and the other side of the wall 2.2.
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However, Zhou teaches a device in which a nickel-plated spring steel sheet 3/33 which covers a pressure release hole 5/35 (Embodiment II, FIG. 2). When the battery internal pressure is too large (pressure at the other side of the wall is greater than pressure at the one side of the wall and a pressure difference between the one side of the wall and other side of the wall is greater than a cover deformation pressure) the spring steel sheet 3/33 is pressed and deformed and lifted, opening the sealing valve and allowing gas to flow out from the pressure release hole 5/35. “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (see MPEP 2144.06(I)). The deformable cover of Zhou and the deformable spring element of Koster perform the same function of allowing gas to flow through an opening in response to an increase in internal pressure past a certain level, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the elements into one device. Hereto after, a device incorporating the cover taught by Zhou to replace the cover of Koster will be referred to as Koster venting device modified by Zhou.
Regarding Claim 11,
Koster teaches the battery pack of Claim 10, but does not teach a case wherein the cover 3.1 is configured to deform and displace from the outer surface of the housing 2.1 based on a pressure difference between the internal pressure and external pressure.
However, Zhou teaches a device in which a nickel-plated spring steel sheet 3/33 which covers a pressure release hole 5/35 (Embodiment II, FIG. 2). When the battery internal pressure is too large (the internal pressure is greater than the external pressure and a pressure difference between the internal pressure and the external pressure is greater than a cover deformation pressure) the spring steel sheet 3/33 is pressed and deformed and lifted, opening the sealing valve and allowing gas to flow out from the pressure release hole 5/35. “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (see MPEP 2144.06(I)). The deformable cover of Zhou and the deformable spring element of Koster perform the same function of allowing gas to flow through an opening in response to an increase in internal pressure past a certain level, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the elements into one device. Hereto after, a device incorporating the cover taught by Zhou to replace the cover of Koster will be referred to as Koster battery pack modified by Zhou.
Regarding Claim 12,
Kosher battery pack modified by Zhou teaches the battery pack of Claim 11. Koster teaches a difference in the internal pressure and external pressure causes the outer circumferential portion (6) to separate from the outer surface 2.1 ([0034]).
Regarding Claim 14,
Koster teaches the battery pack of Claim 13 and Koster battery pack modified by Zhou teaches the battery pack having an elastically deformable cover. Although Koster and Zhou are silent on the value of the critical deformation pressure for each element, Koster further teaches the spring element 4 can be adjusted to a specific opening pressure [0042]. The hook 4 of Koster is responsible for anchoring the cover to the battery pack housing 2, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention to modify the specific opening pressure of the hook 4 to be greater than the critical deformation pressure of the cover in order to reduce the risk of the internal pressure rising to a point which would displace the spring element 4 from the battery pack housing 2.
Claim(s) 5-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Koster in view of Han et al (US 20210159473 A1).
Regarding Claim 5,
Koster teaches the venting device of Claim 2, but does not teach that the pin 3.2 is elastically deformed in response to pressure.
However, Han teaches a smart valve member 30 which includes a first valve member 34 located on the interior of a battery and connected to a second valve member 38 (cover), located on the exterior 18 of the battery housing 16, by an extension spring 40 and a compression spring 44 (connection pins; [0047]). In response to an increase in temperature ([0049]) or to an increase in the internal pressure P1 past a predetermined differential between the internal pressure P1 and the external pressure P2, the compression spring 44 increases in rigidity, extending and pushing the second valve member 38 away from the wall surface 18 of the battery in a response to an increase in temperature ([0049]) and/or pressure ([0050]). “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (see MPEP 2144.06(I)). The deformable connection pin of Han and the deformable spring element of Koster perform the same function of allowing gas to flow through an opening in response to an increase in internal pressure past a certain level, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the elements into one device. Hereto after, a device incorporating the compression spring 44 and extension spring 40 of Han to surround the pin of Koster will be referred to as Koster modified by Han.
Regarding Claim 6,
Koster modified by Han teaches the venting device of Claim 5. Additionally, Koster teaches the pin 3.2 comprising a hook coupling portion (circumferential groove 8) in which the hook 4 is coupled and a cover coupling portion at which the pin 3.2 is coupled to the cover 3.1 ([0033]). Koster modified by Han teaches an intermediate deformation portion (compression spring 44, Han) surrounding the connection pin and coupled with the hook coupling portion and the cover coupling portion.
Regarding Claim 7,
Koster modified by Han teaches the venting device of Claim 6, wherein the intermediate deformation portion is formed from two coiled wires comprising the compression spring and the extension spring.
Regarding Claim 8,
Koster modified by Han teaches the venting device of Claim 6, wherein the intermediate deformation portion is formed from two coiled wires comprising the compression spring and the extension spring.
Regarding Claim 17,
Koster teaches the battery pack of Claim 10, but does not teach that the pin 3.2 is elastically deformed in response to pressure.
However, Han teaches a smart valve member 30 which includes a first valve member 34 located on the interior of a battery and connected to a second valve member 38 (cover), located on the exterior 18 of the battery housing 16, by an extension spring 40 and a compression spring 44 (connection pins; [0047]). In response to an increase in temperature ([0049]) or to an increase in the internal pressure P1 past a predetermined differential between the internal pressure P1 and the external pressure P2, the compression spring 44 increases in rigidity, extending and pushing the second valve member 38 away from the outer surface 18 of the battery in a response to an increase in temperature ([0049]) and/or pressure ([0050]). “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (see MPEP 2144.06(I)). The deformable connection pin of Han and the deformable spring element of Koster perform the same function of allowing gas to flow through an opening in response to an increase in internal pressure past a certain level, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the elements into one device. Hereto after, a device incorporating the compression spring 44 and extension spring 40 of Han to surround the pin of Koster will be referred to as Koster battery pack modified by Han.
Regarding Claim 18,
Koster battery pack modified by Han teaches the battery pack of Claim 17, but does not teach the connection pin deformation critical pressure being lower than the cover deformation critical pressure. Although Koster and Han are silent on the value of the critical deformation pressure for each element, Han teaches the connection pin 44 may be configured to displace the second member at or above a predetermined pressure ([0010]). The cover 3.1 of Koster is not described as having an elastic capability to reform upon deformation, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention to modify the deformation critical pressure of the connecting pin 44 to be lower than the deformation critical pressure of the cover 3.1 in order to reduce the risk of irreversible deformation to the cover 3.1, which would render the cover 3.1 incapable of sealing the vent hole 5.
Regarding Claim 19,
Koster teaches the battery pack of Claim 9, but is silent on the possibility of more than one vent hole included in the battery housing.
However, Han teaches a first member 34 which includes one or more vent holes 36 ([0046]). The first member 34 may be fixedly coupled to the interior side of the wall housing 18 ([0046]). A device in which the first member 34 is integral with the wall housing 18 would be considered obvious In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP 2144.04(V)(B)), therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery pack of Koster with the first member 34 of Han to provide multiple routes of escape for gas.
Regarding Claim 20,
Koster teaches the battery pack of Claim 9. As described above, Koster battery pack modified by Han may have an elastic coefficient (deformation critical pressure) of the connection pin which is lower than the elastic coefficient of the cover. Although Koster is silent on the value of the elastic coefficient of the hook 4, Koster further teaches the hook 4 can be adjusted to a specific elastic coefficient (opening pressure [0042]). The hook 4 of Koster is responsible for anchoring the cover and the connection pin to the battery pack housing 2, therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention to modify the elastic coefficient of the hook 4 to be greater than the critical deformation pressure of the cover in order to reduce the risk of the internal pressure rising to a point which would displace the spring element 4 from the battery pack housing 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M KNOWLAN whose telephone number is (571)270-0913. The examiner can normally be reached Monday-Friday 7:00am - 4:30pm.
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/KEVIN M KNOWLAN/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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