DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2. 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.
3. Claim 3 is 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.
4. Claim 3 recites the limitation "the side wall" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "a side wall".
5. Claims 5 and 6 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.
6. Claim 5 recites the limitation "the side wall" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "a side wall".
7. Claim 6 is rejected as depending from claim 5.
8. Claim 19 is 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.
9. Claim 19 recites the limitation "the pressure relief hole" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "a pressure relief hole".
Double Patenting
10. 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.
11. Claims 1, 5, 7-10 and 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2 and 3-14 of U.S. Patent No. 12,009,542 in view of You et al. (US 2010/0266881) as cited in IDS dated 5/1/24.
Regarding instant claim 1, claims 1 and 2 of U.S. 12,009,542 teach a battery pack having all of the limitations of instant claim 1, except for the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature.
You teaches a battery cell constructed in a structure in which an electrode assembly is mounted in a battery case made of a laminate sheet including a metal layer and a resin layer, and the battery case is thermally welded along the edge of a receiving part thereof to form a sealing part, wherein a weak part is formed at a portion of the sealing part (‘an electrode lead correspondence portion’) corresponding to one of electrode leads (a, b) connected to the electrode assembly, e.g., the electrode lead (a) having relatively low flexibility, the weak part being physically deformed, such that internal gas is discharged outside through the weak part, when predetermined pressure is applied to the weak part, and the weak part is not formed at an electrode lead correspondence portion of the other electrode lead (b)([0001]). You teaches the first weakness portion (142, Figs. 6 & 7, [0056]) is configured to break to escape a gas generated by the battery cell at a high temperature([0005], [0056]).
It would have been obvious to one of ordinary skill in the art to have the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature as taught by You in the packaging bag of claim 1 of U.S. 12,009,542 as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Instant claim 5 recites the limitations of the housing similar to claim 3.
Claim 7 of the instant application recites the limitations of the first separator similar to claim 4.
Claims 8 and 9 of the instant application recite the limitations of a glue similar to claims 1 and 5.
Claim 10 of the instant application recites the limitations of the first threshold similar to claim 6.
Claims 13-15 of the instant application recite the limitations of the circuit board, mounting brackets and copper bars similar to claims 7-9.
And claims 16-20 of the instant application recite the limitations of the second separator, pressure relief portion and vehicle similar to claims 10-14.
12. Claims 1 and 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15, 16, and 18-19 of U.S. Patent No. 12,009,542 in view of You et al. (US 2010/0266881) as cited in IDS dated 5/1/24.
Regarding instant claim 1, claims 15 and 16 of U.S. 12,009,542 teach a battery pack having all of the limitations of instant claim 1, except for the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature.
You teaches a battery cell constructed in a structure in which an electrode assembly is mounted in a battery case made of a laminate sheet including a metal layer and a resin layer, and the battery case is thermally welded along the edge of a receiving part thereof to form a sealing part, wherein a weak part is formed at a portion of the sealing part (‘an electrode lead correspondence portion’) corresponding to one of electrode leads (a, b) connected to the electrode assembly, e.g., the electrode lead (a) having relatively low flexibility, the weak part being physically deformed, such that internal gas is discharged outside through the weak part, when predetermined pressure is applied to the weak part, and the weak part is not formed at an electrode lead correspondence portion of the other electrode lead (b)([0001]). You teaches the first weakness portion (142, Figs. 6 & 7, [0056]) is configured to break to escape a gas generated by the battery cell at a high temperature([0005], [0056]).
It would have been obvious to one of ordinary skill in the art to have the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature as taught by You in the packaging bag of claim 1 of U.S. 12,009,542 as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Claims 13-15 of the instant application recite the limitations of the circuit board, and mounting brackets similar to claims 18 and 19.
Allowable Subject Matter
13. The following is a statement of reasons for the indication of allowable subject matter: the invention in independent claim 1 is directed to a battery pack, comprising: a housing provided with an accommodating cavity; a battery cell assembly comprising a plurality of stacked battery cells accommodated in the accommodating cavity; each battery cell comprises an electrode assembly, a packaging bag and a first tab; the electrode assembly is disposed inside the packaging bag, the packaging bag is provided with a first sealing portion, the first tab extends out of the packaging bag from the first sealing portion, the packaging bag comprises a first weakness portion disposed at the first sealing portion, the first weakness portion and first tab are disposed on a first side of the battery cell assembly; a strength of the first weakness portion is less than a strength of other portions of the packaging bag so that the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature; a first separator disposed between the housing and the first sealing portion, the first separator thermally deforms at a temperature higher than a first threshold so that a first pressure relief channel is formed between the first side of the battery cell assembly and the housing; a pressure relief portion disposed in the housing, wherein the pressure relief portion is in contact with the first separator or an air channel is provided between the pressure relief portion and the first separator.
The prior art of Chu et al. (CN209401662U) as cited in IDS dated 5/1/24 discloses a battery pack(Figs. 1-6, abstract, [0072]), comprising: a housing provided with an accommodating cavity(2, Fig. 2, [0072]); a battery cell assembly (battery module 1, Fig. 2, [0072]) comprising a plurality of stacked battery cells accommodated in the accommodating cavity(cells 10, Fig. 3, [0073]); each battery cell comprises an electrode assembly, a packaging bag and a first tab(Figs. 2 & 4, [0073]-[0080]); the electrode assembly is disposed inside the packaging bag(Fig. 4), the packaging bag is provided with a first sealing portion(single cell 10 is sealed in Fig. 4), the packaging bag comprises a first weakness portion disposed at the first sealing portion(explosion proof valve 100, Fig. 3), a strength of the first weakness portion is less than a strength of other portions of the packaging bag so that the first weakness portion is configured to break to escape a gas generated by the battery cell at a high temperature([0031], [0077]); a first separator disposed between the housing and the first sealing portion(upper plate 20 with weak zone 200, Fig. 8, [0090]), the first separator thermally deforms at a temperature higher than a first threshold ([0090]), a pressure relief portion disposed in the housing(cavity structure 21, Fig. 9, [0076]), wherein the pressure relief portion is in contact with the first separator or an air channel is provided between the pressure relief portion and the first separator(Fig. 9) but does not disclose, teach or render obvious the first tab extends out of the packaging bag from the first sealing portion, the first weakness portion and first tab are disposed on a first side of the battery cell assembly; and the first separator thermally deforms at a temperature higher than a first threshold so that a first pressure relief channel is formed between the first side of the battery cell assembly and the housing.
16. Claims 2-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. And the rejection on the ground of nonstatutory double patenting set forth in this office action on claims 1, 5, 7-10, and 13-20 is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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