DETAILED ACTION
This is the first action in response to US Patent Application No. 18/664,105, filed 14 May, 2024, with priority to Korean Application KR 10-2023-0163562, filed 22 November, 2023. All claims 1-20 are pending and have been fully considered.
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 .
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1&2) as being unpatentable over Giron (US 2022/0231359 A1, cited in the IDS filed 26 February, 2025).
Regarding claim 1, Giron teaches a battery container (case 1) comprising: a housing (outer housing 3) configured to accommodate a battery (2), and inducing a first opening (10) (case 1 for a battery—[0029]—comprises an outer housing 3—[0030]—for mechanical protection—[0031]; outer housing 3 includes vent 10 on an upper face of case—Figs. 1-2, [0043]-[0044]); and an insulating member (inner casing 4) arranged in the housing and facing an inner surface of the housing (case 1 comprises inner casing 4 between outer housing 3 and battery 2—[0030]—the inner housing 4 providing insulation—[0031]—including electrical insulation—[0042]; the inner housing 4 can be a multilayer structure including an inner layer 9—[0037], [0040]), and including a second opening communicating with the first opening (vent 10 defines both a first opening through outer housing 3 and an aligned second opening inner housing 4—see Fig. 2, [0044]; also see Fig. 3, [0047]-[0050] discussing how layer 9 includes orifices 12 to allow airflow within the container).
The container of Giron meets the structural limitations set forth in claim 1, and thus fairly defines a battery disposal container wherein a fluid can flow through the first opening.
Regarding claim 2, Giron teaches the battery disposal container as claimed in claim 1. Giron further teaches the second opening is located at a position corresponding to (e.g., aligned with) the first opening (vent 10 defines a hole extending through both outer housing 3 and inner housing 4—see Fig. 2, [0044]—such that a first opening in the outer housing 3 and second opening in the inner housing 4 are aligned).
Regarding claim 3, Giron teaches the battery disposal container as claimed in claim 1. Giron further teaches the housing comprises: an enclosure configured to accommodate the battery and of which a first surface is open, and a cover coupled to the enclosure and configured to cover the first surface (the outer housing 3 can be formed by a plurality of plates, with a cover fastened to the rest of the housing by screws 5 facilitating access to the battery 2—Figs. 1-2, [0034]; thus, the walls [excluding the cover] of the outer housing define an enclosure with an open top surface, and the cover of Giron couples to said enclosure at the open top surface).
Regarding claim 9, Giron teaches the battery disposal container as claimed in claim 3. Giron further teaches the insulating member is coupled to the enclosure (enclosure of Giron is the walls of outer housing 3 except the cover—see rejection of claim 3 above; Fig. 2 clearly shows the inner housing 4, which defines the insulating member, coupled to the enclosure as identified above).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Giron (US 2022/0231359 A1), as applied to claim 1 above, in view of Hwang et al. (US 2020/0256921 A1).
Regarding claim 10, Giron teaches the battery disposal container as claimed in claim 1. Giron indicates the insulating member (inner housing 4) comprises thermally and electrically insulating materials ([0031], [0035], [0039], [0042]), but Giron does not particularly indicate that the insulating member comprises a Bakelite material.
However, in the analogous art of battery chambers (title, abstract), Hwang teaches a chamber (100) which receives a battery (20), the chamber having a first housing (100a) formed of an insulating material such as bakelite, and an outer second housing (100b) formed of a metal material ([0049]-[0050]). The insulating bakelite material prevents unintentional flows of electricity to or from the battery (first housing 100a formed of insulation material such as bakelite…accordingly, it is possible to prevent electricity from flowing directly to the secondary battery 20 through components other than the charging and discharging terminals 130 that are in contact with the terminals of the secondary battery 20—[0050]). Therefore, it would be obvious to a person having ordinary skill in the art to select bakelite as an insulating material of the insulating member of Giron for the benefit of preventing the unintended exchange of electricity between the battery and other components (see Hwang at [0050]).
Claims 4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Giron (US 2022/0231359 A1), as applied to claim 3 above, in view of McCully et al. (US 2021/0214147 A1).
Regarding claim 4, Giron teaches the battery disposal container as claimed in claim 3. Giron does not teach the cover is rotatably coupled to the enclosure through a hinge part.
However, in the analogous art of containers for batteries (title, abstract), McCully teaches a container (100) for transporting wet cell batteries ([0021]) comprising a base (102) and a lid (104) forming a shell (101), the lid coupled to a top of the base by one or more hinges (200) that allow the lid to move between an open and closed position ([0022]). A set of latches (110, 112) and strikes (114, 116) allow the lid to lock against the base ([0024]). Also, the container includes a handle (122,210) for carrying the container ([0026]). Therefore, it would be obvious to a person having ordinary skill in the art to modify the container of Giron such that the cover is rotatably coupled to the enclosure through a hinge part, a set of latches and strikes secure the lid against the container, and a handle is included on the container—as seen in McCully—for the benefit of facilitating easier access to the container, locking of the container, and transportation of the container (consider hinges 200, latches 110/112 and strikes 114/116, and handle 122/210 of McCully). Thus modified, the container of Giron incorporates the cover being rotatably coupled to the enclosure through a hinge part.
Regarding claim 7, Giron teaches the battery disposal container as claimed in claim 3. Giron alone does not teach a latching member arranged on the cover, and a ring member fixedly latchable on the latching member and arranged on the enclosure.
However, as discussed with respect to claim 4 above, it would be obvious to modify the container of Giron to include the latches and strikes of McCully (see rejection of claim 4). McCully indicates that substantially any type of latch may be used, such as a butterfly latch, slide-release buckle, or a metal over-center draw latch ([0024]). These and/or similar latch mechanisms are understood to include at least a latching member and a ring member fixedly attachable on the latching member. Furthermore, a person of ordinary skill in the art would recognize that any arrangement of the latching member and ring member with respect to the enclosure and cover which functions to lock the cover against the enclosure is suitable. Therefore, it would be obvious to a person having ordinary skill in the art to arrange the latching member of modified Giron on the cover and the ring member on the enclosure for the benefit of enabling the locking of the cover against the enclosure; see MPEP 2144.04(VI.)(C.) regarding the obviousness of the rearrangement of parts. Thus, the container of Giron modified in view of McCully comprises a latching member arranged on the cover, and a ring member fixedly latchable on the latching member and arranged on the enclosure.
Regarding claim 8, Giron teaches the battery disposal container as claimed in claim 3. Giron does not teach the housing further comprises a handle on the cover. However, as discussed with respect to claim 4 above, it would be obvious to modify the container of Giron to incorporate a handle as seen in McCully (see rejection of claim 4 above). The handle (122,210) of McCully is not located on a cover (lid) portion of the container (McCully instead arranges handles 122 and 210 at sides 106, 202 of a base enclosure portion 102—see Fig. 1, [0026]). However, a person having ordinary skill in the art would recognize that any arrangement of a handle which facilitates grasping and lifting of the container is suitable. Therefore, it would be obvious to a person having ordinary skill in the art to arrange the handle of the modified container of Giron on the cover for the benefit of facilitating a user in gripping and lifting the container; see MPEP 2144.04(VI.)(C.) regarding the obviousness of the rearrangement of parts. Thus modified in view of McCully, the container of Giron comprises a handle on the cover.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Giron (US 2022/0231359 A1), as applied to claim 3 above, in view of Herold (US 2,942,058, cited in the IDS filed 26 February, 2025).
Regarding claim 5, Giron teaches the battery disposal container as claimed in claim 3. Giron does not teach the first opening is provided in the enclosure (instead, the opening of vent 10 through outer housing 3 is in the cover portion of the container of Giron, as identified with respect to claim 3 above).
However, in the analogous art of containers for storing batteries (container 2 for storage cells 1—column 2, lines 24-27), Herold teaches a container (2) formed by a plurality of walls (3,4,5,6,7) forming a rectangular body (column 2, liens 31-34) made of sheet metal (column 2, lines 34-40), the metal walls lined internally with an insulative material (column 2, lines 40-42). A bottom wall (7) of the container includes a plurality of openings (13) so that excess electrolyte material can leak out of the container (column 3, lines 71-75), and additional openings (apertures 9 and 10) in the end walls (5,6) act as handles for the container (column 3, lines 65-68). Therefore, it would be obvious to a person having ordinary skill in the art to include openings in bottom and end surfaces of the container of Giron, as seen in Herold, for the benefit of facilitating removal of electrolyte material from the container and forming handles by which a user can grab the box (see Herold at column 3, liens 71-75, and column 3, lines 65-68).
Regarding claim 6, Giron teaches the battery disposal container as claimed in claim 5. As modified in view of Herold with respect to claim 5 above, the container of Giron incorporates first openings on the bottom wall and end walls of the enclosure, without including first openings on the side walls. Thus, Giron in view of Herold teaches an embodiment wherein the enclosure comprises: a plurality of second surfaces (bottom wall and end walls comprising openings through the housing) in which the first opening is provided; and a third surface (side walls) in which the first opening is not provided (side walls of modified Giron do not include openings).
Claims 1-2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Strong (US 12,132,177 B1, filed 10 November, 2021) in view of Hwang et al. (US 2020/0256921 A1).
Regarding claim 1, Strong teaches a battery disposal container (carrier 60) comprising: a housing configured to accommodate a battery (each carrier 60 is configured to hold multiple layers of modules 10—column 4, lines 57-61), and including a first opening through which a fluid is configured to flow (the walls of the carrier 60 are configured to contain the modules but also to permit flow of the discharge medium therethrough…for example the walls 60A-E can be formed of grating or wire mesh—column 5, lines 6-10; see Figs. 6-7; a grating, mesh, or similar type of wall clearly comprises a plurality of openings). Strong does not teach an insulating member arranged in the housing and facing an inner surface of the housing, and including a second opening communicating with the first opening.
However, in the analogous art of chambers for batteries (abstract), Hwang teaches a chamber (100) formed with a metal outer housing (100b) and an inner insulative housing (100a) ([0049]-[0050]), with openings (inlet 110 and outlet 120—Fig. 2, [0054]) extending through both layers. The insulative material prevents electricity from flowing between a battery (20) within the chamber and any other components besides the intended terminals (130) ([0050]). Therefore, it would be obvious to a person having ordinary skill in the art to modify the container of Strong such that the housing (grating or wire mesh walls of carrier 60) includes an insulative layer along the inner surfaces of the housing without covering the openings thereof—as substantially seen in Hwang—for the benefit of preventing unintended flow of electricity between the battery and other components associated with the container (see Hwang at [0050]). Thus modified, said layer fairly defines an insulating member arranged in the housing and facing an inner surface of the housing, and including a second opening communicating with the first opening (as modified, the insulating member is substantially a coating on the housing so its openings will align with the openings of the housing).
Regarding claim 2, Strong in view of Hwang teaches the battery disposal container as claimed in claim 1. As discussed with the rejection of claim 1 above, the container of Strong as modified in view of Hwang essentially incorporates a coating on the inner surfaces of the housing of Strong, said coating being an insulative member with second openings aligned with the first openings within the housing (see rejection of claim 1 above). Accordingly, Strong in view of Hwang teaches the second opening is located at a position corresponding to the first opening.
Regarding claim 11, Strong in view of Hwang teaches the battery disposal container as claimed in claim 1 (carrier 60 of Strong modified to include an inner insulative layer, see rejection of claim 1 above), wherein the container is placed in a salt water tank (56) and immersed in salt water (58) stored in said tank (basin 56 configured to hold a volume of discharge medium 58…multiple batches of battery modules 10 are shown loaded on carriers 60 received in the basin 56—Fig. 7, column 4, lines 32-39; discharge medium is an electrically conductive liquid or gel—column 4, lines 30-31; in view of the state of the art, it is strongly implied to a person having ordinary skill in the art that most embodiments of the discharge medium 58 comprise a salt water, at least because it is the most readily available conductive liquid material in most circumstances). See Figs. 6 and 7 of Strong below.
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Accordingly, modified Strong teaches: A battery disposal device (cell deactivator 26—Fig. 7, column 4, lines 3-9) comprising:
a salt water tank (basin 56) in which salt water (discharge medium 58) is to be stored; and
the battery disposal container as claimed in claim 1 (carrier 60, modified as discussed with respect to claim 1 above), which is configured to be placed in the salt water tank and immersed in the salt water (see Fig. 7 of Strong above showing carriers 60 immersed in discharge medium 58 of basin 56).
Regarding claim 12, Strong in view of Hwang teaches the battery disposal device as claimed in claim 11. Strong further teaches spacers (62) (column 4, lines 64-66) which are essentially depicted (Figs. 6-7) as shelves which support the batteries (battery module 10—column 2, lines 51-52). Accordingly, the spacer (62) of Strong fairly defines a jig (62) which is arranged in the housing (60) and on which the battery (10) is to be mounted.
Allowable Subject Matter
Claims 13-20 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. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, Strong in view of Hwang teaches the batter disposal device as claimed in claim 12. Strong teaches a generic jig structure (spacer 62) comprising a base part on which the battery is to be seated (see batteries 10 substantially positioned on spacers 62 in Fig. 7 of Strong). Strong does not teach the jig further comprising a terminal part on the base part to be in contact with an electrode of the battery; and a moving part movably coupled to the base part and configured to press the battery such that the electrode is electrically connected to the terminal part.
Hwang teaches terminals (130) which contact terminals of a battery (20) within a container (100); nonetheless, Hwang does not teach the claimed jig.
No prior art was found which teaches or fairly suggest the claimed jig comprising all of a base part, a terminal part, and a moving part as claimed, in further combination with a container having an insulative member and first and second openings, and a salt water tank, wherein the jig is received in the container and the container is submersible within salt water of the salt water tank. Therefore, the subject matter of claim 13 is novel and non-obvious over the prior art.
Claims 14-20 contain allowable subject matter by virtue of dependency on claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vincent et al. (US 2023/0126198 A1) teaches a process for inerting batteries (electrochemical actuators) (abstract) by submerging within a solution of salts ([0020]-[0025]).
Karli et al. (US 2025/0174748 A1; corresponds to WO 2023/166163 A1 cited in the IDS filed 26 February, 2025) indicates that battery discharging methods ([0004]) which submerge the battery in a discharge solution typically use a salt solution as the discharge solution ([0005]). Karl also suggests recording temperatures and voltages from a container in which batteries are submerged within a discharging medium (see Fig. 4).
Maeba et al. (US 2013/0065092 A1) teaches a processing apparatus for discharging a battery pack (abstract), wherein the battery pack is submerged in a discharge liquid (see Fig. 1) comprising an aqueous solution of sodium chloride at a concentration of 100 g/L ([0086]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY C PILSBURY whose telephone number is (571)272-8054. The examiner can normally be reached M-Th 7:30a-5:00p.
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/BRADY C PILSBURY/Examiner, Art Unit 1799
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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