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 item (201) ion mobility analyser 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.
Specification
The disclosure is objected to because of the following informalities: The spelling of analyzing is written as ‘analysing’. The spelling of ionized is written as ‘ionised’. The spelling of ionization is written as ‘ionisation’. The spelling of analyzed is written as ‘analysed’. The spelling of analyzer is written as ‘analyser’. The spelling of item (3) analyzing entity is written as ‘analysing entity’. The spelling of item (31) ionization source is written as ‘ionisation source’. The item (32) analyzer is written as ‘analyser’. The item (33) is written as ‘ion mobility analyser’. The item (34) is written as ‘mass analyser’, and the item (201) is written as ‘ion mobility analyser’ primarily used in British English.
Appropriate correction is required.
Claim Objections
Claim(s) 1-12, 14-15 objected to because of the following informalities: The spelling of analyzing is written as ‘analysing’. The spelling of ionized is written as ‘ionised’. The spelling of ionization is written as ‘ionisation’. The spelling of analyzed is written as ‘analysed’. The spelling of analyzer is written as ‘analyser’. The spelling in claims 7-8, & 15 of vapor is written as ‘vapour’. In claim 7 the recitation of the claim spells 1’000 instead of 1,000. In claim 14 the recitation of the claim spells 10'000 instead of 10,000 .Appropriate correction is required.
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(s) 7, 9 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.
The term “likely” in claim(s) 7-9 a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Due to their dependence on indefinite claims, claims 8, & 10 are also rejected under 35 U.S.C. 122b.
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(s) 1-11, 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable Sturm (US20140038006 ), in view of, Zhang (EP3242316).
Sturm teaches:
In regards to claim 1, Sturm teaches a method for detecting one or more leaks in a battery enclosure of a battery, said battery including at least one electrochemical cell enclosed in said battery enclosure, or detecting one or more leaks in said at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure, the method comprising the steps of (abstract; para(s) [0001, 0005]; 2, 2.1, 2.2, 3, 4 fig(s) 1-2, ‘individual battery cell’, ‘cell housing’, ‘cell cover’, ‘battery housing’, ‘Detection unit/plurality of metal oxide sensors’ )
a) obtaining gas from a surrounding of said battery or from a surrounding of said at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure, respectively, (para(s) [0011, 0016, 0023-0025]; fig(s) 1-2)
b) obtaining an analysis of said gas by analysing said gas with an analysis method and (5 fig(s) 1-2, ‘evaluation unit’)
c) determining on the basis of said analysis whether said gas includes a signature of at least one constituent part of said at least one electrochemical cell, said signature indicating a presence of said at least one constituent part of said at least one electrochemical cell said gas, (para(s) [0011, 0016, 0023-0025]; fig(s) 1-2)
wherein, in case it is determined on the basis of said analysis that said gas includes said signature of said at least one constituent part of said at least one electrochemical cell, a leak in said battery enclosure of said battery or in said at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure, respectively, is detected, (abstract; para(s) [0011, 0016, 0023-0025]; fig(s) 1-2)
It would have been obvious before the effective filing date of the invention for Sturm to provide an apparatus and method for checking the leak-tightness of an electrochemical energy accumulator.
Sturm differs from claim 1 in teaching that the gas is ionized by an ionization source with the ionization method and that the ions generated are analyzed in an analyzer being separated according to one or more physical properties wherein the ionization method is a chemical ionization method.
Sturm does not teach:
wherein in said analysis method, said gas is ionised by an ionisation source with an ionisation method to ions and said ions are analysed in an analyser by being separated according to one or more physical properties, wherein said ionisation source is a chemical ionisation source and said ionisation method is a chemical ionisation method.
Zhang teaches:
wherein in said analysis method, said gas is ionised by an ionisation source with an ionisation method to ions and said ions are analysed in an analyser by being separated according to one or more physical properties, wherein said ionisation source is a chemical ionisation source and said ionisation method is a chemical ionisation method. (para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
It would have been obvious before the effective filing date of the invention for Zhang to provide a method ionizing gas with an ionization source for an apparatus and method for checking the leak-tightness of an electrochemical energy accumulator.
In regards to claim 2, Stum & Zhang teach a method according to claim 1, (see claim rejection 1) Sturm teaches wherein for determining on the basis of said analysis whether said gas includes said signature of said at least one constituent part of said at least one electrochemical cell, (Sturm: para(s) [0011, 0016, 0023-0025]; 5, S1, S2, S3 fig(s) 1-2 fig(s) 1-2, ‘evaluation unit’, 1st, 2nd, 3rd threshold values’) Zhang teaches it is assessed whether a fraction of said ions have a same value of said one or more physical properties as ions obtained under the reaction conditions in said ionisation source during execution of said ionisation method from the at least one constituent parts of the at least one electrochemical cell have, wherein in case said fraction exceeds a threshold value, it is determined that said gas includes said signature of said at least one constituent part of said at least one electrochemical cell. (Zhang: abstract; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
In regards to claim 3, Sturm & Zhang teach a method according to claim 1, (see clam rejection 1) Zhang teaches wherein that said ionisation source and said ionisation method rely on adduct ionisation where adduct ions are formed during ionisation of said gas, said adduct ions being adducts of said gas and reactant ions. (Zhang: para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
In regards to claim 4, Sturm & Zhang teach a method according to claim 3, (see claim rejection 3) Zhang teaches wherein that in said ionisation source and said ionisation method, said reactant ions are made available in a reaction volume, wherein for ionising said gas, said gas is introduced into said reaction volume to react with said reactant ions to form said adduct ions. (Zhang: 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
In regards to claim 5, Sturm & Zhang teach a ethod according to claim 3, (see claim rejection 3) Zhang teaches wherein in said ionisation source and said ionisation method, compound ions formed from said reactant ions and another compound are made available in a reaction volume, wherein for ionising said gas, said gas is introduced into said reaction volume to react with said compound ions to form said adduct ions and one or more neutral by . (Zhang: 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
products.
In regards to claim 6, Sturm & Zhang teach a method according to claim 3, (see claim rejection 3) Zhang teaches wherein said reactant ions are ions of a reactant, wherein said reactant is chosen such that during ionisation of said gas in said ionisation source, adduct ions being adducts of said at least one constituent part of said at least one electrochemical cell and said reactant ions are formed in case said at least one constituent part of said at least one electrochemical cell is present in said gas. . (Zhang: 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
In regards to claim 7, Sturm & Zhang teach a method according to claim 6, (see claim rejection 6) Zhang teaches wherein said reactant is chosen such that under the reaction conditions in said ionisation source during execution of said ionisation method, said adduct ions being said adducts of said at least one constituent part of said at least one electrochemical cell and said reactant ions are formed more than 1’000 times more likely than adduct ions being adducts of nitrogen and reactant ions, oxygen and reactant ions, water vapour and reactant ions, and argon and reactant ions are formed. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’)
In regards to claim 8, Sturm & Zhang teach a method according to claim 7, (see claim rejection 7) Zhang teaches wherein said reactant is chosen such that under the reaction conditions in said ionisation source during execution of said ionisation method, adduct ions being adducts of said at least one constituent part of said at least one electrochemical cell and said reactant ions are formed selectively in case said at least one constituent part of said at least one electrochemical cell is present in said gas, while no adduct ions being adducts of nitrogen and reactant ions, oxygen and reactant ions, water vapour and reactant ions, and argon and reactant ions are formed. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’)
In regards to claim 9, Sturm & Zhang teach a method according to claim 6, (see claim rejection 6) Zhang teaches wherein said reactant is chosen such that under the reaction conditions in said ionisation source during execution of said ionisation method, said adduct ions being said adducts of said at least one constituent part of said at least one electrochemical cell and said reactant ions are formed more than 10 times more likely than adduct ions being adducts of carbon dioxide and reactant ions, neon and reactant ions, helium and reactant ions, methane and reactant ions, and krypton and reactant ions are formed. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’)
In regards to claim 10, Sturm & Zhang teach a method according to claim 9, (see claim rejection 9) Zhang teaches wherein said reactant is chosen such that under the reaction conditions in said ionisation source during execution of said ionisation method, adduct ions being adducts of said at least one constituent part of said at least one electrochemical cell and said reactant ions are formed selectively in case said at least one constituent part of said at least one electrochemical cell is present in said gas, while no adduct ions being adducts of carbon dioxide and reactant ions, neon and reactant ions, helium and reactant ions, methane and reactant ions, and krypton and reactant ions are formed. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’)
In regards to claim 11, Sturm & Zhang teach a method according to claim 1, (see claim rejection 1)wherein said analyser includes an ion mobility analyser and in that in said analysis method, said ions are separated in said ion mobility analyser according to their mobilities. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; para(s) [0002-0003, 0005-0006, 0104-0105])
In regards to claim 13, Sturm & Zhang teach a method according to claim 1, (see claim rejection 1) Sturm teaches wherein said at least one constituent part of said at least one electrochemical cell is an electrolyte of said at least one electrochemical cell. (Sturm: abstract; para(s) [0001, 0005]; 2, 2.1, 2.2, 3, 4, 9, 10 fig(s) 1-2, ‘individual battery cell’, ‘cell housing’, ‘cell cover’, ‘battery housing’, ‘Detection unit/plurality of metal oxide sensors’, ‘binder’, ‘electrolyte’ )
In regards to claim 14, Sturm & Zhang teaches a method according to claim 1, (see claim rejection 1) Zhang teaches wherein said surrounding of said battery or said surrounding of said at least one electrochemical cell being in said battery enclosure separate from said battery enclosure, respectively, is at a gas pressure of at least 10'000 Pa when said gas is obtained from said surrounding of said battery or said surrounding of said at least one electrochemical cell being in said battery enclosure separate from said battery enclosure. respectively. (Zhang: para(s) [0012, 0017-0018], ‘the present invention has an amplified collection function on VOCs or semi-VOCs’; para [0067], ‘analyzer interface 352 into GC-IMS, IMS, GC-MS, GC-DMS for detection.’; 8, 10 fig(s) 1-2, 4-5, ‘binder’, ‘electrolyte’; para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’)
In regards to claim 15, Sturm & Zhang teach an apparatus for detecting one or more leaks in a battery enclosure of a battery, said battery including at least one electrochemical cell enclosed in said battery enclosure, or detecting one or more leaks in at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure with the method according to claim 1, (see claim rejection 1) said apparatus including (Sturm: abstract; para(s) [0001, 0005]; 2, 2.1, 2.2, 3, 4 fig(s) 1-2, ‘individual battery cell’, ‘cell housing’, ‘cell cover’, ‘battery housing’, ‘Detection unit/plurality of metal oxide sensors’ )
a) a gas obtaining unit for obtaining gas from a surrounding of said battery or a surrounding of said at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure, respectively, and (Sturm: para(s) [0011, 0016, 0023-0025]; fig(s) 1-2)
b) an analysing entity for obtaining an analysis of said gas by analysing said gas with an analysis method, (Sturm: 5 fig(s) 1-2, ‘evaluation unit’)
wherein said analysing entity includes an ionisation source for ionising said gas to ions with an ionisation method, wherein said ionisation source is a chemical ionisation source and said ionisation method is a chemical ionisation method, wherein said ionisation source is fluidly coupled to said gas obtaining unit for receiving said gas obtained with said gas obtaining unit from said surrounding of said battery or said surrounding of said at least one electrochemical cell being in said battery enclosure or separate from said battery enclosure for ionising said gas to said ions, (Zhang: para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
wherein said analysing entity includes an analyser for analysing said ions by separating said ions according to one or more physical properties, wherein said analyser is fluidly coupled to said ionisation source for receiving said ions from said ionisation source for separating said ions according to said one or more physical properties, wherein in said analysis method, said gas is ionised by said ionisation source with said ionisation method to said ions and said ions are analysed in said analyser by being separated according to said one or more physical properties, wherein said apparatus further includes (Zhang: para(s) [0002-0003, 0005-0006, 0104-0105]; 414-416 fig(s) 8-9, ‘reaction region’, ‘ionization region’, ‘carrier gas’; 100, 200-300, 400 fig. 1, ‘sampling device’, ‘sample pre-processing device’, ‘sample analyzing device’)
a leak determination unit adapted for determining on the basis of said analysis whether said gas includes a signature of at least one constituent part of said at least one electrochemical cell, said signature indicating a presence of said at least one constituent part of said at least one electrochemical cell in said gas, wherein in case it is determined by said leak determination unit on the basis of the analysis that said gas includes said signature of said at least one constituent part of said at least one electrochemical cell, a leak in said battery enclosure of said battery or in said at least one electrochemical cell being in said battery enclosure separate from said battery enclosure is detected. (Sturm: abstract; para(s) [0011, 0016, 0023-0025]; fig(s) 1-2)
In regards to claim 16, Sturm & Zhang teach a method according to claim 1, (see claim rejection 1) wherein said gas is air. (Zhang: para(s) [0012-0023, 0104-0105])
In regards to claim 17, Sturm & Zhang teach an apparatus according to claim 16, (see claim rejection 16) wherein said gas is air. (Zhang: para para(s) [0012-0023, 0104-0105])
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(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable Sturm (US20140038006 ), Zhang (EP3242316), in view of, Makarov (US20210270773).
Sturm & Zhang teach:
In regards to claim 12, Sturm & Zhang teach a method according to claim 1, (see claim rejection 1)
It would have been obvious before the effective filing date of the invention for Sturm & Zhang to provide an apparatus and method for checking the leak-tightness of an electrochemical energy accumulator.
Sturm & Zhang do not teach:
wherein said analyser includes a mass analyser and in that in said analysis method, said ions are separated in said mass analyser according to their mass to charge ratios.
Makarov teaches:
wherein said analyser includes a mass analyser and in that in said analysis method, said ions are separated in said mass analyser according to their mass to charge ratios. (abstract; para(s) [0009, 0036])
It would have been obvious before the effective filing date of the invention for Makarov to provide an apparatus and method for checking the leak-tightness of an electrochemical energy accumulator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited Schmidt (DE-102014222786-B4), Sturm (DE-102011016527-A1), and Klee (EP-3817029) references further describe a method and apparatus for detecting one or more leaks in a battery enclosure of a battery as described by the claims.
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/K.C.B/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852