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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP23171859.4, filed on May 5th, 2023.
Claim Rejections - 35 USC § 102
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 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, 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Konzelmann et al (DE 102021122477 A1; hereafter “Konzelmann”; see machine translation for citation).
Regarding claim 1, with respect to the limitation “in which the lid is movable, when in use, between a test configuration,… and an operational configuration…”, it has been held that a recitation with respect to the manner in which the claimed article is intended to be employed does not differentiate the claimed article from a prior art satisfying the claimed structural limitations (see MPEP 2114(II)). Therefore, while the intended use language of the claim has been considered, it is noted that the prior art Konzelmann are capable of performing the functions as claimed because Konzelmann discloses a battery housing that releases the gas through an opening, and said housing can switch to another configuration where the gas passage is blocked [0017] but a second gas path is opened for emergency release (i.e. air can escape through a bypass channel, [0069]), allowing for the prior art to perform the functions as claimed.
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Konzelmann discloses a pressure equalization device for equalizing an internal pressure in a receiving housing of an electrochemical device, in particular for battery housing [0001]. The cage is connected to the actuator 40, which has a holder 42 which forms a gas passage opening 41 (i.e. a cage describing a fluid passage, [0048]).
Figure 1a. Pressure Equalization Device (Pg. 14)
The lid, comprising various subcomponents shown in figure 1a above, is placed onto the housing part 80 from above, with the connecting sections 15 connecting the housing part 10 to part 80 [0062].
Konzelmann further discloses that if the pressure in the receiving chamber increases, the pressure can be reduced towards the environment via the gas path and across the gas permeable membrane 30, and if the pressure in the receiving housing drops, the pressure equalization occurs in the opposite direction (i.e. equalize the pressure inside the battery box with the ambient pressure outside the battery box, [0065]). The gas passage opening is covered by the membrane [0009].
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The actuator 40 moves between the first operating position to the second operating position [0067]. In the first operating position, the bypass is close, while in the second operating position, a second gas path is opened for emergency release (i.e. air can escape through a bypass channel, [0006]); this particular gas path is formed by the bypass opening 85 and passages in the housing 10, which are formed by the guide receptacles 13 [0069]. Figure 1b shows the placement of 85 and 13.
Figure 1b. Construction of the pressure equalization device (Pg.16)
Regarding claim 2, Konzelmann discloses all the limitations as described above.
Konzelmann further discloses that the membrane 30 is gas-permeable, but essentially water-repellent [0002]. The membrane 30 allows air to pass through to equalize the pressure inside the battery box with the ambient pressure outside the battery box [0065].
Regarding claim 12, Konzelmann discloses all the limitations as described above.
Konzelmann further discloses that to securely hold the actuator in the second operating position (i.e. keeping the lid in the test configuration), the actuator has a stop by means of which the actuating movement of the actuator in the opening direction is limited, such as rest against a counter-stop [0014]
This is accomplished by the actuating element 40 sitting on the switching element 60 with the seal 50 in between (i.e. the lid comprising a locking means for keeping the lid in the test configuration, [0076]).
Regarding claim 13, Konzelmann discloses all the limitations as described above.
Konzelmann further discloses that in order for the housing to switch from first operating position to the second operating position, the switching element 60 moved axially from the first switching position to the second switching position [0070].
Regarding claim 14, Konzelmann discloses all the limitations as described above. Konzelmann further discloses that the lid is in the form of an inclined shape, as shown in figure 1b.
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Figure 1b. Inclined Shaped Lid
The switching element 60 is mounted on the housing part 80 (i.e. the cage) via insertion into the bearing receptacle from above [0047]. An actuator 40 can be installed in the housing [0048]. The actuator 40 comprises a membrane receptacle in the center [0048], where a gas-permeable membrane 30 is placed on its circumferential edge [0049]. The actuating element 40 is pre-tensioned against the housing part 80 by the action of the clamping element 20 [0057], and the upper housing part 10 is used to complete the housing (i.e. lid comprises inclined formation that cooperates with a formation on the cage, [0060]).
The switching element 60 is defined as being part of the lid, as shown in figure 1b above. When the switching element is adjusted, it is first moved towards the outside of the housing and then rotated. Subsequently, the switching element is pushed in the opposite direction, this sliding movement caused by the preload of the clamping element 20 (i.e. cause the lid to translate relative to the cage when it is rotated between the test configuration and the operational configuration, [0072]).
Claim(s) 1,3-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lenz et al (US20230103100A1; hereafter “Lenz”).
Regarding claim 1, with respect to the limitation “in which the lid is movable, when in use, between a test configuration, in which air can escape through a bypass channel, and an operational configuration…”, it has been held that a recitation with respect to the manner in which the claimed article is intended to be employed does not differentiate the claimed article from a prior art satisfying the claimed structural limitations (see MPEP 2114(II)). Therefore, while the intended use language of the claim has been considered, it is noted that the prior art Lenza are capable of performing the functions as claimed because Lenza discloses that in the event of high pressure difference, the high pressure difference is able to lift the membrane carrier off the sealing means, allowing pressure to dissipated via a bypass channel [0261], which allows for the prior art to perform the functions as claimed.
Lenz discloses a battery shell 10 with a flow channel (i.e. a cage describing a fluid passage, [0264]), a membrane carrier 42, preferably sealed off from the receiving geometry of the battery shell by a sealing means (i.e. a lid mounted on the cage, [0044]), and a semi-permeable membrane 40 designed to release at a defined pressure difference [0103]. In the receiving geometry there is a ventilation opening which is designed for aeration and/or ventilation of at least one side [0045]. The semi-permeable membrane is bonded to the membrane carrier, which is inserted into the receiving geometry of the battery shell [0099].
During normal operation, air goes through the semi-permeable membrane (i.e. bypass channel is closed but air can escape through the membrane, [0056]).
During high pressure difference, particularly triggered by a thermal escalation of a battery module, the high-pressure difference is able to lift the membrane carrier 42 off the sealing means 52, meaning pressure difference between the inner side and the outer side of the battery shell does not have to be dissipated solely by the semi-permeable membrane 40, but can be dissipated via a bypass channel which opens as a result (i.e. the lid is movable, and moving between a configuration which allows air to escape through a bypass channel, [0261]).
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Figure 2. Schematic view of battery shell (Pg.8)
Regarding claim 3, Lenz discloses all the limitations as described above.
Lenz further discloses that the membrane carrier has a parasol mushroom valve (i.e. the lid mounted on the cage comprises a valve element, [0181]). In the event of high overpressures in the interior of the battery shell, the parasol mushroom valve can be used to ensure rapid ventilation of the battery shell [0182].
Regarding claim 4, Lenz discloses all the limitations as described above.
Lenz discloses that the parasol mushroom valve can be used to ensure rapid ventilation of the battery shell [0182]. As such, the parasol mushroom valve necessarily comprises a hole through its thickness to vent air out of the battery shell.
Regarding claim 5, Lenz discloses all the limitations described above.
Lenz further discloses that a sealing means 52 is located between the membrane carrier 42 and the battery shell. The sealing means is designed to provide sealing between the battery shell 10 and the membrane carrier 42 in normal operating states [0260]. The membrane carrier only lifts off the sealing means during situation of high-pressure difference, creating a bypass channel (i.e. the lid is sealed against the hole in operational configuration and spaced apart from the hole in another configuration, [0261]). Hence, the bypass channel is defined by the interaction between the membrane carrier and the sealing means.
Regarding claim 6, Lenz discloses all the limitations described above.
Lenz further discloses that the membrane carrier is further integrally bonded to the receiving geometry 20 [0040]. The receiving geometry 20 has a plurality of ventilation openings [0024], designed for aerating and ventilating the membrane from the outside. This forms the flow channel designed for gas exchange between semi-permeable membrane and outer side of the battery shell [0264]. Therefore, the membrane covers the hole when the membrane carrier is in normal operating condition (i.e. not lifting the sealing element and creating a bypass).
Regarding claim 7, Lenz discloses all the limitations described above.
Lenz further discloses that the membrane carrier 42 has ventilation openings which allow a flow exchange between the outer side of the battery shell and the semi-permeable membrane 40 as well as the parasol mushroom valve 60 [0257]. Because the valve is attached to the membrane carrier, and there is a flow exchange between the membrane and the valve through the same openings, it must be necessary that the membrane cover a hole through the thickness of the valve element.
Regarding claims 8 and 9, Lenz discloses all the limitations described above.
Lenz further discloses the receiving geometry, which comprises the membrane carrier 42 with membrane 40, has a plurality of ventilation openings 28 [0231]. The membrane is connected via the connecting region 22 [0234]. Therefore, the membrane covers multiple ventilation openings (i.e. covers another hole through the thickness of the valve element).
The membrane is integrally bonded to the membrane carrier [0099] and is further integrally bonded and directly connected to the receiving geometry [0251], therefore the carrier is attached to the battery shell (i.e. membrane is attached to the cage) and covers the hole leading to the ventilation openings (i.e. covers a hole through the cage).
Regarding claim 10, Lenz discloses all the limitations described above.
Lenz discloses the sealing means 52 is designed to provide sealing between the battery shell and the membrane carrier [0261]. Because the sealing means 52 act to cover the bypass channel and is situated on top of the membrane carrier (i.e. the lid), the sealing means act as a canopy that covers the second fluid passage defined by the cage.
Regarding claim 11, Lenz discloses all the limitations described above.
Lenz previously discloses that the membrane carrier comprises the parasol mushroom valve, residing in the receiving geometry inside the battery shell. As shown in figure 2b, the membrane carrier, and by extension the valve, is seated directly against the sealing means 52(i.e. valve seat against the canopy). As the sealing means is designed to provide sealing between the battery shell and the membrane carrier, and the bypass channel only becomes available when high pressure difference lifts the membrane carrier off the sealing means [0261], it is necessary that the sealing means engaged in an airtight manner with the bypass channel when it covers the fluid passage.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konzelmann in view of machine translated Li et al (CN218600794 U; hereafter “Li”; see machine translation for citation).
Regarding claim 15, Konzelmann teaches all the limitations set forth above.
Konzelmann does not explicitly teach a test assembly for testing the airtightness of a battery box, comprising a tool configured to cover the device of claim 1 and introduce pressurized air into or draw air from the battery box when the device is in the test configuration.did p
However, in the same field of endeavor, Li teaches a battery shell air tightness testing device, comprising a testing base, a vacuum pump fixed inside the testing base, test stations and a leak detector [n0006]. During testing, the battery casing is placed into the testing chamber, where a vacuum pump is used to evacuate the chamber. Finally, a leak detector fills the battery casing with helium to complete the test for leakage [n0010].
Konzelmann and Lenz are combinable because both are directed to testing apparatus for airtightness of a battery container.
It would have been obvious to one of ordinary skill in the art prior to the effective of the filling date, to use the air tightness detection device of Li with the battery equalization device of Konzelmann. One of ordinary skill in the art would be motivated to combine the two inventions because Li teaches that the air tightness detection device performs the test automatically, and the test results are obtained by the leak detector. This automatization eliminates missed or repeated testing caused by human error,
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THINH GIA HOANG whose telephone number is (571)270-0275. The examiner can normally be reached 0730-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3870. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THINH GIA HOANG/Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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