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 .
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 means for reproducible position of claim 20 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.
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, 15, 17, 20, 25, and 26 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.
Claims 7-10 each recite “an indentation.” Claim 1, from which each of these claims depend, recites “at least one indentation.” It is unclear if claims 7-10 are further limiting the already recited indentation or are reciting a new distinct indentation.
Claim 10 recites “wherein an indentation opposite the base of the battery shell runs horizontally and/or vertically, at least in some regions.” It is unclear how the indentation can be opposite to the base. In addition, there is no frame of reference for which direction is vertical versus horizontal.
Claim 11 recites “wherein an indentation has a transverse extension, wherein the transverse extension has a width of greater than or equal to 1 mm at its widest point and/or wherein the transverse extension has a width of less than or equal to 20 mm at its widest point.”
Claim 13 recites “wherein an indentation on the side opposite the insertion part of the region of the battery shell receiving the insertion part has a corresponding opposite indentation.” This language is confusing. At what location is a side opposite the insertion part and how is the insertion part “of” the region that receives the insertion part?
Claim 15 recites “wherein an insertion part is arranged in an inner stiffening means of the battery shell, in particular is arranged in a rib.” It is unclear if the inner stiffening means, which without recited structure would be interpreted under 112(f), includes the rib as the structure that performs the stiffening function.
Claim 17 recites “the insert.” It is unclear if this is the same as the insertion part or is a distinct part.
Claim 20 recites “means for introducing a molding compound into the article cavity. This feature is interpreted under 112(f). However, no means is disclosed structurally in the specification.
Claim 25 recites a battery produced by a specific tool of claim 20. It is unclear what structure is intended by claim 20. Is the tool incorporated into the battery such that the stop and spring loaded clamping for example is part of the batter of claim 25? A product that is claimed in terms of the product via which it is made is not limited by that process but only by any structure imparted through that process. In this case it is unclear what structure would be imparted. Claim 25 also recites “one indentation” after reciting “at least one indentation.” It is unclear if this refers to the same indentation or distinct indentations.
Claim 26 recites a vehicle comprising a batter shell produced with a tool according to claim 20. For the same reasons as claim 25, it is unclear whether claim 26 includes any of the structure of the tool itself.
Claim Rejection - 35 U.S.C. 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.
Claim(s) 1, 6-10, 12, 17, 18, 25, and 26 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by Zhao et al. (US 2024/0204325; hereinafter “Zhao”).
Claim 1
Zhao discloses a battery shell (e.g., 102, 170, 104), in particular a battery shell of a traction battery, wherein the battery shell has a base (102) and at least four side walls (see FIGS. 1, 2, or 4 illustrating at least four walls), wherein the battery shell has an inner side and an outer side,
wherein
the battery shell is formed in hybrid design from an insertion part (160) and a molding compound (see paragraph [0171] disclosing that the battery shell is injection molded),
wherein the battery shell has at least one indentation (groove in which 160 is disposed), wherein the at least one indentation extends in a region (region of 160) of the battery shell formed by the molding compound, wherein the at least one indentation has a location (identical) corresponding to the insertion part (160) and wherein a distance from the corresponding location of the at least indentation to the insertion part is less than or equal to 2 mm (the distance on all sides of 160 is zero since the insert 160 is entirely enclosed).
Claim 6
Zhao discloses wherein the battery shell is formed using an injection-molding process or a compression-molding process (see paragraph [0173]).
Claim 7
Zhao discloses wherein an indentation has a straight line (the vertical sides are all straight) at least in some regions at a location corresponding to the insertion part (see FIG. 2).
Claim 8
Zhao discloses wherein an indentation has the form of a groove (the hole is interpreted as a groove).
Claim 9
Zhao discloses wherein an indentation at a location corresponding to the insertion part has, at least in some regions, a plane (plane along the sides) that runs parallel to a plane of the insertion part (see FIG. 2 illustrating the vertical direction of the 160 the same as the vertical direction of the hole; see also FIG. 4 illustrating one vertical and one horizontal portion of 160). Alternatively, the bottom of the insert 160 is horizontal and so is the very bottom and top of the groove.
Claim 10
Zhao discloses wherein an indentation opposite the base of the battery shell runs horizontally and/or vertically, at least in some regions (see FIG. 2 illustrating a vertical indentation/hole). Alternatively, if the figure is rotated 90 degrees the indentation would be horizontal.
Claim 12
Zhao discloses wherein an indentation encloses one edge of the insertion part at least in some regions (see e.g., FIG. 2 illustrating the top and bottom edges of 160 enclosed).
Claim 17
Zhao discloses wherein the insert comprises a thermoplastic, a thermosetting or a metallic base material (paragraph [0043] discloses that plastic is preferably thermoplastic the layer 160 is the same material reinforced with fibers).
Claim 18
Zhao discloses wherein the molding compound has a thermoplastic or a thermosetting base material (paragraph [0043] discloses that plastic is preferably thermoplastic the layer 160 is the same material reinforced with fibers).
Claim 25
Zhao discloses a traction battery, in particular a traction battery for a motor vehicle (see Abstract), comprising
a battery shell (e.g., 102, 170, 104), comprising a base (102) and at least four side walls (see FIGS. 1, 2, or 4 illustrating at least four walls), wherein the battery shell has an inner side and an outer side,
wherein the battery shell is formed in hybrid design from an insertion part (160) and a molding compound (see paragraph [0171] disclosing that the battery shell is injection molded),
wherein the battery shell has at least one indentation (groove in which 160 is disposed), wherein the at least one indentation extends in a region (region of 160) of the battery shell formed by the molding compound,
wherein one indentation has a location (identical) corresponding to the insertion part (160) and wherein a distance from the corresponding location of the at least indentation to the insertion part is less than or equal to 2 mm (the distance on all sides of 160 is zero since the insert 160 is entirely enclosed),
producible with a tool according to claim 20.
As noted above, the tool itself or the process used in the assembly of the device is not limited on a product by process claim and therefore the steps or structure of the tool itself is not interpreted as being a positive limitation of claim 25.
Claim 26
Zhao discloses a motor vehicle (see e.g., Abstract) comprising a battery shell (e.g., 102, 170, 104), comprising a base (102) and at least four side walls (see FIGS. 1, 2, or 4 illustrating at least four walls), wherein the battery shell has an inner side and an outer side,
wherein the battery shell is formed in hybrid design from an insertion part (160) and a molding compound (see paragraph [0171] disclosing that the battery shell is injection molded),
wherein the battery shell has at least one indentation (groove in which 160 is disposed), wherein the at least one indentation extends in a region (region of 160) of the battery shell formed by the molding compound,
wherein one indentation has a location (identical) corresponding to the insertion part (160) and wherein a distance from the corresponding location of the at least indentation to the insertion part is less than or equal to 2 mm (the distance on all sides of 160 is zero since the insert 160 is entirely enclosed),
producible with a tool according to claim 20.
As noted above, the tool itself or the process used in the assembly of the device is not limited on a product by process claim and therefore the steps or structure of the tool itself is not interpreted as being a positive limitation of claim 26.
.
Claim(s) 20-23 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by Kim et al. (US 2022/0238963; hereinafter “Kim”).
Claim 20
Kim discloses a tool (320) wherein the tool forms an article cavity, wherein the tool comprises means for reproducibly positioning an insertion part (spring loaded clamp 310a 320b pressed outwardly by 330, and/or inner surface stop that supports 330) within the article cavity, wherein the tool comprises means (opening on bottom of 320 in FIG. 2) for introducing a molding compound into the article cavity.
The means for reproducibly positioning the insertion part is interpreted under 112(f) as structurally being a stop, a guide, a spring loaded clamp or a clamp.
The means for introducing a molding compound is interpreted under 112(f) but does not include any structure disclosed in the specification and is therefore indefinite under 112(b).
Claim 21
Kim discloses wherein the tool has at least one stop (inner surface that supports 330), wherein the at least one stop is at least part of the means for reproducibly positioning the insertion part.
Claim 22
Kim discloses wherein the tool has at least one guide region (inner surface that guides 330 or hole into which 341 is inserted), wherein the at least one guide region is configured to guide the insertion part at least on one side corresponding to one another via the insertion part, wherein the at least one guide region is at least part of the means for reproducibly positioning the insertion part.
Claim 23
Kim discloses wherein the means for reproducibly positioning the insert is spring-loaded (the spring loaded legs 320a and 320b).
Claim Rejection - 35 U.S.C. 102/103
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.
Claim(s) 1, 3, 4, 6-10 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Arai et al. (US 2024/0047809; hereinafter “Arai”).
Claim 1
Arai discloses a battery shell (105 including e.g., 206, 207, 303), in particular a battery shell of a traction battery, wherein the battery shell has a base (3030) and at least four side walls (see FIG. 2 four outer boundary walls), wherein the battery shell has an inner side and an outer side,
wherein
the battery shell is formed in hybrid design from an insertion part (409) and a molding compound (see paragraph [0209] disclosing that the walls 205, 206 and bottom 303 are integrally molded),
wherein the battery shell has at least one indentation (412), wherein the at least one indentation extends in a region (region of molded 205 and 206) of the battery shell formed by the molding compound, wherein the at least one indentation (412) has a location corresponding to the insertion part (409) and wherein a distance from the corresponding location of the at least indentation to the insertion part is less than or equal to 2 mm.
Various heights of the features of the walls are disclosed by Arai including the overall height of the portion of the wall holding the bolt t1 and the thickness of the walls as being 1 mm. However, the specific size of the space between the bottom of the bolt 409 and the bottom of the hole it is within is not disclosed. Nonetheless, assuming the wall thickness is 1 mm, the space would be roughly 1 mm. The drawings may be relied upon for what they reasonable illustrate and in this case, the space at the end of the bolt is reasonably illustrated as being small and approximately the size of the thickness of the walls. However in an effort to provide compact prosecution, as an alternative, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Arai so that the space was made to be less than or equal to 2 mm since this is an obvious optimization to try in view of the illustrated sizes of the space versus the wall thickness and in order to attempt to minimize the wasted space without abutted the bolt to the bottom prior to full tightening.
Claim 3
Arai discloses wherein a contact area between the insertion part (409) and the molding compound (at inner surface of 412) is greater than or equal to 50% of the surface area of the insertion part (409) (see FIG. 4 illustrating most of the bolt except of the bottom surface of the bolt contacting the surface of the hole).
Claim 4
Arai discloses wherein a contact area between the insertion part and the molding compound is less than or equal to 99.5% of the surface area of the insertion part since not the entirety of the bolt is covered. The drawings may be relied upon for what they reasonably illustrate and in this case less than 99.5% is clearly illustrated.
Claim 6
Arai discloses wherein the battery shell is formed using an injection-molding process or a compression-molding process (see e.g., paragraph [0209]).
Claim 7
Arai discloses wherein an indentation has a straight line (the vertical sides are all straight) at least in some regions at a location corresponding to the insertion part (see FIG. 4).
Claim 8
Arai discloses wherein an indentation has the form of a groove (the hole is interpreted as a groove).
Claim 9
Arai discloses wherein an indentation at a location corresponding to the insertion part has, at least in some regions, a plane (plane along the sides) that runs parallel to a plane of the insertion part (see FIG. 4 illustrating the vertical direction of the bolt the same as the vertical direction of the hole). Alternatively, the bottom of the bolt is horizontal and so is the very bottom of the hole.
Claim 10
Arai discloses wherein an indentation opposite the base of the battery shell runs horizontally and/or vertically, at least in some regions (see FIG. 4 illustrating a vertical indentation/hole). Alternatively, if the figure is rotated 90 degrees the indentation would be horizontal.
Claim(s) 1, 3, 13-16 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Haussmann (DE 102009058808A1).
Claim 1
Haussmann discloses a battery shell, in particular a battery shell of a traction battery, wherein the battery shell has a base (23 or alternatively bottom flat portion of 24) and at least four side walls (see e.g., FIG. 10 illustrating more than four side walls; or alternatively see FIG. 12 illustrating fourteen side walls), wherein the battery shell has an inner side and an outer side (see overall FIGS. 2, 10 and 12),
wherein
the battery shell is formed in hybrid design from an insertion part (38 or alternatively 28) and a molding compound (23 or 24),
wherein the battery shell has at least one indentation (indent in which 38 or 28 are disposed), wherein the at least one indentation extends in a region of the battery shell formed by the molding compound, wherein the at least one indentation has a location corresponding to the insertion part (see FIGS. 2 and 12 illustrating parts 38 and 28 within indents).
With regard to the option where the insert is element 28, Haussmann discloses wherein a distance from the corresponding location of the at least indentation to the insertion part is less than or equal to 2 mm (the distance is zero in FIGS. 2 and 12 for element 28).
With regard to the option where the insert is element 38, the distance is illustrated as being small however the specification describes the element 38 moves vertically and is limited by the bottom of 40 and therefore at times during use, the distance is also zero. Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Haussmann so that the distance was sufficiently small so as to be within the claimed range of 2 mm or less since this is an obvious optimization to try in view of the illustrated sizes of the space versus the wall thickness and in order to attempt to minimize the wasted space without abutted the bolt to the bottom prior to full tightening.
Claim 3
Haussman discloses wherein a contact area between the insertion part and the molding compound is greater than or equal to 50% of the surface area of the insertion part (see FIGS. 2 or 12 illustrating more than half of each of 28 and 38 contacting the inside of the indents).
Claim 13
Haussmann discloses wherein an indentation on the side opposite the insertion part of the region of the battery shell receiving the insertion part has a corresponding opposite indentation (see FIG. 12 illustrating two spaced apart/opposite inserts and indentations either using 28 or 38).
Claim 14
Haussmann discloses wherein a first indentation on the side opposite the insertion part of the region of the battery shell receiving the insertion part has a second indentation, which is arranged offset to a position opposite the first indentation (see FIG. 12 illustrating two spaced apart/opposite inserts and indentations either using 28 or 38).
Claim 15
Haussmann discloses wherein an insertion part (middle tongues 38 inserted into the same indentation) is arranged in an inner stiffening means (dual ribs or rib with a hole in the center thereof) of the battery shell, in particular is arranged in a rib (see FIG. 2 or 12).
Claim 16
Haussmann discloses wherein an insertion part (outer-most tongue 38 in its associated rib) is arranged in an outer stiffening means (rib that appears in FIGS. 2 and 12 as two walls but is in fact a rib with a hole as best understood in light of FIG. 4) of the battery shell. The stiffening means is interpreted under 112(f) to correspond to a profiled side wall of the battery shell that increases the moment of inertia of the side wall relative to a sidewall without the profiling. This profile is disclosed as a rib.
Claim Rejection - 35 U.S.C. 103
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as obvious over Haussmann in view of Zhao.
Claim 2
Haussman does not disclose wherein the insertion part is reinforced with continuous fibers. However, Zhao discloses an insert (160) that has continuous-fiber-reinforced material to increase the rigidity (see e.g., paragraph [0207]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Hausmann so that the insert was fiber reinforced in order to increase the stiffening effect of the insert and/or to increase rigidity overall of the battery case.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as obvious over Haussmann in view of Lucchesi et al. (CN 112042002A; hereinafter “Lucchesi”).
Claim 5
Haussman does not disclose wherein the insertion part is produced using a pultrusion process. However, Lucchesi discloses wherein the insertion part (300) is produced using a pultrusion process. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Haussmann so that the insertion part were manufactured using a pultrusion process in order to provide consistent quality, high strength to weight, and/or a cost-effective way to manufacture the insertion part.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as obvious over Zhao.
Claim 11
Zhao discloses wherein an indentation has a transverse extension (one of the portions of the two 160 in FIG. 6 running traverse to the other of the portions 160 in FIG. 6). Zhao does not disclose the width of either of the extensions of the indentation or insertion part and therefore does not disclose a width in the range of 1 to 20 mm.
However, Zhao notes various dimensions of the fibers in the shell, the length of shell walls, the thickness of shell walls (see claims 7 and 8), and the length of a deformation element which is an injection molded structure adjacent the walls. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Zhao to have tried a width of either one of the portions 160 in FIG. 6 that was within the large range of 1 to 20 mm since this is an obvious optimization to try in view of the illustrated sizes of the member 120 versus 160 and in order to attempt to optimize the desired characteristics of the insert versus the molded shell.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as obvious over Arai.
Claim 19
Arai FIG. 4 does not illustrate wherein the insert has a chamfer. However, Arai FIG. 11 illustrate a similar insert (bolt 1101 includes two chamfers, one on its head and one further inward/downward). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Arai FIG. 4 to have added a chamfer to the insert as in FIG. 11 in order to provide a smoother lip on the fastener or to provide an indent on the fastener that allows for easier insertion.
Allowable Subject Matter
Claim 24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
With reference to claim 24, the prior art does not disclose or render obvious a method for producing a battery shell comprising the specific structural combination as recited using the method of claim 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0085450 discloses an insert (in area A). DE 102020201361A1 discloses a groove with an insert thereinside.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655