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 .
Information Disclosure Statement
In the IDS filed on 04/18/24 applicant cites CN212346491A. This application number does not exist and as such has not been considered. However, the examiner notes that this appears to be a typo as CN21236491U was uploaded with this IDS (04/18/24). The examiner additionally notes that CN212346491U was cited in the IDS filed 02/13/26. CN212346491U has been considered.
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”, the “explosion-proof cover plate and the electrode terminal cover plate being located on two sides of the long axis”, the “bald cover plate being located between the electrode terminal cover plate and housing” 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 "11" and "111" have both been used to designate the same object in fig. 4. 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.
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, 8, 9, 12, and 15-17 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 5-6, 13-15, and 17-18 of co-pending application 18/624,041. Although the claims at issue are not identical, they are not patentably distinct from each other because See Below.
The examiner notes that this is a nonstatutory double patenting rejection because the patentability indistinct claims have not in fact been patented. However, this is subject to change upon allowance of the copending application.
Regarding claim 1, ‘041 claim 1 claims of a battery unit, comprising: a housing, a chamber being defined in the housing; an electrode core, the electrode core being arranged in the chamber, the electrode core comprising a first electrode tab and a second electrode tab, one of the first electrode tab and the second electrode tab being a positive electrode tab, the other one of the first electrode tab and the second electrode tab being a negative electrode tab, and the positive electrode tab being physically and electrically connected to the housing; a first electrode terminal, the first electrode terminal being electrically connected to the first electrode tab; and a second electrode terminal, the second electrode terminal being electrically connected to the second electrode tab.
Regarding claim 3, ‘041 claim 2 claims 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.
Regarding claim 4, ‘041 claim 13 claims the plurality of connection pieces are spaced apart in a direction of the long axis.
Regarding claim 5, ‘041 claim 14 claims the plurality of connection pieces are connected in series.
Regarding claim 8, ‘041 claim 5 claims he positive electrode tab is a bent member having an opening groove, and the battery unit further comprises: a first insulation side plate, the first insulation side plate being arranged in the 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 (“upper cover”).
Regarding claim 9, ‘041 claim 6 claims the first insulation side plate is connected to the electrode core through an adhesive layer.
Regarding claim 12, ‘041 claim 3 claims wherein one of the first electrode terminal and the second electrode terminal is a positive electrode terminal, and the other one of the first electrode terminal and the second electrode terminal is a negative electrode terminal.
Regarding claim 15, ‘041 claim 15 claims 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.
Regarding claim 16, ‘041 claim 17 claims A battery module, comprising the battery unit.
Regarding claim 17, ‘041 claim 18 claims A vehicle, comprising the battery module.
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.
Claim 4, 5, 7, 9, 11, 14, and 15 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 4-5 recites the limitation "the connection pieces". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the upper cover". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first insulation side plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the second insulation side plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 14-15 recites the limitation "the electrode terminal covering plate". There is insufficient antecedent basis for this limitation 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.
Claim(s) 1-5, 10, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US20190181415A1) and in view of Lu (EP3742524A1; filed IDS 02/13/26; US20210050581A1 used as English equivalent).
Regarding claim 1, Oh discloses a battery unit, comprising: a housing, a chamber being defined in the housing [0032, 0071, Oh]; an electrode core [0032, 0071, Oh], the electrode core (200) being arranged in the chamber [0032, 0071, Oh], the electrode core comprising a first electrode tab (211/212) and a second electrode tab (221/222) [0043, Oh], one of the first electrode tab and the second electrode tab being a positive electrode tab [0043, Oh], the other one of the first electrode tab and the second electrode tab being a negative electrode tab [0043, Oh]; a first electrode terminal (231) [0045, Oh], the first electrode terminal being electrically connected to the first electrode tab [0045, Oh]; and a second electrode terminal (232) [0045, Oh], the second electrode terminal being electrically connected to the second electrode tab [0045, Oh].
Oh is explicitly silent to the positive electrode tab being physically and electrically connected to the housing.
However, Lu teaches a battery pack for an electric vehicle [Abstract, Lu]. Further, the battery pack has a housing having a sealed chamber (10) [Fig. 1, Lu], a core (11) packaged in the sealed chamber [Fig. 3, Lu], and a first terminal (12a) [Fig. 1, Lu] and a second terminal (12b) respectively mounted to the housing [Fig. 1, Lu]. The first terminal may be a positive terminal which is connected to the housing [abstract, 0037, Lu]. Which is physically and electrically connected to the housing [0036, Lu].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the positive electrode tab was physically and electrically connected to the housing as a means of improving safety and service life of the battery [0037, Lu].
Regarding claim 2, modified Oh teaches the battery unit, wherein an end of the first electrode tab or the second electrode tab near the housing comprises a plurality of connection pieces spaced apart [fig. 2 and 5, Oh].
The examiner notes that Oh has (first and second) electrode tabs that are spaced apart. There are a plurality of each tab that are then connected to the electrode lead. The end of the plurality of tabs connected to the electrode lead read on “connection pieces” that are spaced apart.
Regarding claim 3, modified Oh discloses the battery unit wherein the electrode core has a long axis and a short axis [0042, fig. 2, Oh], the first electrode tab is arranged along the long axis or the short axis [0042, fig. 2, Oh], and the second electrode tab is arranged along the long axis or the short axis [0042, fig. 2, Oh].
Regarding claim 4, modified Oh discloses the battery unit wherein the plurality of connection pieces are spaced apart in a direction of the long axis [fig. 2, Oh].
Regarding claim 5, modified Oh discloses the battery unit wherein the plurality of connection pieces are connected in series [0017, 0021, fig. 2, Oh].
The examiner notes that the “connection pieces” are coupled to the electrode lead, meaning that they are connected in series.
Regarding claim 10, Oh teaches of an insulating tape attached to the surface of the negative electrode lead [0057, Oh].
Modified Oh is silent to an insulation plate being arranged between the housing and the negative electrode tab so that the housing is insulated from the negative electrode tab.
However, Lu teaches of a negative terminal (12b) that is insulated from the housing by an insulating member disposed between the second terminal and the housing [0036-0037, Lu].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that an insulation plate/member was arranged between the housing and negative electrode so that the housing is insulated from the negative electrode tab (claim 10). Doing so can prevent the connection between the other terminal and housing from being affected [0042, Lu]. One would additionally find it obvious to use an insulation tape as taught be Oh to attach the side plate to the electrode core (claim 11). Doing so would allow for one to attach two surfaces together []
Regarding claim 12, modified Oh discloses the battery unit, wherein one of the first electrode terminal and the second electrode terminal is a positive electrode terminal [0045, Oh], and the other one of the first electrode terminal and the second electrode terminal is a negative electrode terminal [0045, Oh].
Regarding claim 13, modified Oh is silent to an electrode terminal cover plate.
However, Lu teaches of a sealing cover (103, “electrode terminal cover plate”) arranged in a housing where a first (12a) and second (12b) electrode terminal is arranged on the electrode terminal cover plate [0039, fig. 3, Lu].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that an electrode terminal cover plate was arranged on the housing where the first and second electrode terminals were arranged on the terminal cover plate. Doing so allows for the two terminals to be disposed together on an end cover of the housing [0039,Lu].
Claim(s) 6-9, 11, 14, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Kim as applied to claim 1 above, and further in view of Kim (US20200044275A1).
Regarding claim 6, Modified Oh is silent to the details of the housing.
However, Kim teaches of an electrode assembly (120) in a housing comprising a lower piece (114) [fig. 1c, Kim], wherein the chamber that houses the electrode assembly is defined in the lower piece with an opening [fig. 1b-1c, Kim], an upper cover (130) is arranged in the opening to seal at least a part of the chamber [fig. 1a-1c, Kim], where the upper cover is welded to the positive electrode tab [0056, 0063, Kim].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Kim such that the housing comprised a lower piece to house the electrode assembly and an upper piece to seal the opening and welded to the positive electrode tab. Doing so would provide a means for constructing a secondary battery that can be used in electric vehicles [0002, 0044, Kim].
Regarding claim 7, Oh as presently modified is silent to the first electrode terminal is connected to the upper cover to electrically connect to the positive electrode tab.
However, Kim teaches of a first electrode terminal (140) connect to an upper cover (130) to electrically connect to a first electrode tab (161/162, “positive electrode tab”) [0048, 0053, fig. 1C, Kim].
For clarity of the record, Kim notes that the first electrode plate may be a positive electrode which contains a first electrode tab [0047-0048, Kim].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the first electrode terminal is connected to the upper cover to electrically connect the positive electrode tab. Doing so allows for a passageway of the flow of current between the electrode plate and the electrode terminal [0048, Kim]
Regarding claim 8-9, Oh teaches of the negative electrode tab being bent [0050, fig. 3, Oh].
Modified Oh is explicitly silent to the positive electrode tab being bent and the use of an insulation plate.
However, Kim teaches of a first (positive) electrode plate with a set of first (positive) electrode tab connected to a first terminal [0047-0048, Kim]. Where the “positive” electrode tab is a bent member having an “opening groove” [0056, fig. 1c, Kim].
The examiner notes that the space below the bent portion reads on an “opening groove”.
Kim continues to teach of an insulating plate (180) where at least a part of the electrode tab is located between the insulation plate and the upper cover [0069, fig. 2b, Kim] (claim 8). Kim continues to teach that an insulation layer (“insulation plate”) may be coated (“adhered”) onto the electrode tabs (“electrode core”) [0104, Kim] (claim 9).
The examiner notes that if the insulation layer is adhered to the electrode tabs then it is “connected to the electrode core”.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the positive electrode tab was a bent member such that an opening groove was present for an insulation plate to be arranged in allowing for the positive electrode tab to be located between the insulation plate and the upper cover. Doing so allows for regions of opposite polarities from coming in contact with each other preventing short circuit [0069, 0106, Kim].
Regarding claim 11, modified Oh is silent to the (“second”) insulation side plate being adhered to the electrode core.
However, Kim continues to teach that an insulation layer (“insulation plate”) may be coated (“adhered”) onto the electrode tabs (“electrode core”) [0104, Kim].
The examiner notes that if the insulation layer is adhered to the electrode tabs then it is “connected to the electrode core”.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the (“second”) insulation plate was adhered to the electrode core. Doing so allows for regions of opposite polarities from coming in contact with each other preventing short circuit [0069, 0106, Kim].
Regarding claim 14, Modified Oh is silent to the use of a bald cover plate.
However, Kim discloses the use of an electrode terminal plate (141, “bald cover plate”) that is position on top of an electrode terminal cover plate (130) and an upper insulation plate (142) and is additionally electrically connected to a first (“positive”) electrode terminal (145)[0065, fig. 1B, Kim].
The examiner notes that the upper insulation plate would result in the “bald cover plate” being insulated from the negative electrode terminal.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that a “bald cover plate” was positioned on top of an electrode terminal cover plate and electrically connected to the positive electrode terminal while being insulated from a negative electrode terminal. Doing so is a known method for making a secondary battery [0065, fig. 1B, Kim].
Oh as presently modified is silent to the bald cover plate being located between the electrode terminal cover plate and the housing.
However, one of ordinary skill within the arts prior to the effective filing date would appreciate that there are a finite number of options for a bald cover plate that is positioned above the electrode terminal cover plate to be arranged in relation to the housing. The electrode terminal cover plate/bald cover plate may be arranged such that: 1) the bald cover plate is sandwiched between the housing and the electrode terminal cover plate. 2) the bald cover plate is placed in the same plane as the housing. Or 3) the bald cover plate may be arranged above the housing. One of ordinary skill within the arts would appreciate that it would be obvious to try to have the housing cover the bald cover plate (electrode terminal cover plate -> bald cover plate -> housing) as this would predicably provide a means of protection from external objects that may damage the electrical components of the battery, see MPEP 2143.I.E.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the bald cover plate that is located on the electrode terminal cover plate with arranged such that the housing was above the bald cover plate (electrode terminal cover plate -> bald cover plate -> housing). Doing so would be obvious to try as this provides an additional layer of protection to the electrical components of the battery, see MPEP 2143.I.E.
Regarding claim 16 and 17, Modified Oh is silent to the use of a battery module being used in a vehicle.
However, Kim teaches of a plurality of secondary batteries being connected to form a battery module [0133-0134, fig. 9, Kim]. Kim additionally teaches that batteries may be used in electric vehicles [0002, Kim].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Oh such that the batteries were used to form a battery module and that the battery module was used in an electric vehicle. Doing so would allow for one to connect multiple single batteries and use them in a device that may help prevent environmental pollution [0002, 0134, Kim].
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Modified Kim as applied to claim 1 above, and further in view of Zhang (CN213546491U; filed IDS 02/13/26).
Regarding claim 15, Modified Oh depicts the electrode terminal cover plate being located on the long axis of the battery cell [fig. 1B, Kim].
Modified Oh is silent to the use of an explosion proof cover plate and the location of the explosion proof cover plate.
However, Zhang teaches of a rectangular cell that has at least one explosion proof valve disposed on the outer side of the housing assembly [0012-0013, 0044-0051, Zhang].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to include an explosion proof valve on the short and long axis as a means of providing multiple explosion-proof cover plates around the housing assembly [0012, Zhang].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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/QUINTIN D. ELLIOTT/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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