METHOD FOR AT LEAST PARTIALLY RECYCLING AND/OR REPAIRING AN ELECTRICAL ENERGY ACCUMULATOR
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/9/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 13 and 16 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.
Claim 13 discloses a “cell contacting system”. However, there is no explanation for how this item is utilized. Paragraph 0024 discloses:
Cell poles 12 of the energy storage cells 3, 3' are arranged on the cell lids 10, which cell poles 12 are connected electrically by means of a cell contacting system 13 in order to interconnect the energy storage cells 3, 3'. The cell contacting system 13 can have, for example, cell connectors which are welded to the cell poles 12.
However, this is not an adequate explanation for a cell contacting system. Is it a bus bar? Is it electrically conductive? Is it part of the housing? More explanation is needed.
Claim 16 discloses “wherein in producing the electrical energy store, a casing layer is arranged on the cell housings of the plurality of energy storage cells and/or on a cell contacting system which interconnects the plurality of energy storage cells, by way of which casing layer, during filling of the store housing with a filler in order to configure the filling, an adhesive connection between the filling and the cell housings and/or between the filling and the cell contacting system is prevented.
The entire limitation of the claim italicized above is worded in such a convoluted manner that it is impossible to understand its relation to the invention. The Examiner is interpreting this limitation as being due to the inclusion of a casing and filler, an adhesive is not needed.
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.
Claims 9, 11, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng et al. (CN 212384758 U).
Regarding claims 9, 14, and 15, Zheng et al. teach a method for at least partially recycling (Abstract) and/or repairing (Due to the inclusion of “or” in the preamble, the repairing limitation is clearly optional or a separate embodiment.) an electrical energy store (Fig. 1, element 1) having at least one cell assembly with a plurality of electrical energy storage cells (Fig. 1, element 13) that are joined in a store housing of the electrical energy store via a filling (Paragraph 0048; Fig. 1, element 12), the method comprising:
removing at least one energy storage cell of the at least one cell assembly from the filling that at least partially surrounds the plurality of energy storage cells (Paragraphs 0048-0051; Figs. 1-3 disclose nondestructive disassembly of individual cells using a tool unit, element 21.), wherein
the at least one energy storage cell is released from the filling via at least one magnet acting on a cell housing of the at least one energy storage cell to be removed (Paragraph 0052 discloses the tool unit, element 21 can be controlled by magnetic attraction.).
Regarding claim 11, Zheng et al. teach the method according to claim 9, wherein before the release of the at least one energy storage cell, the filling is removed at least in a region of the cover surface of the cell housing of the at least one energy storage cell (Paragraphs 0061-0064; Examples 1 and 2 disclose cutting into the fixing members, element 12 in Figs. 1-3, in order to disassemble the cells, element 13. Further, paragraph 0064 discloses the fixing member is a solid glue-filled material requiring a spiral two-blade blade unit, element 21, in order to cut through element 12 and loosen the cell.).
Regarding claim 16, Zhang et al. teach the method according to claim 9, wherein in producing the electrical energy store, a casing layer is arranged on the cell housings of the plurality of energy storage cells and/or on a cell contacting system which interconnects the plurality of energy storage cells, by way of which casing layer, during filling of the store housing with a filler in order to configure the filling, an adhesive connection between the filling and the cell housings and/or between the filling and the cell contacting system is prevented (There is no disclosure of an adhesive being used within the cells. Paragraph 0026 discloses the benefit of the invention is that the tool avoids damaging the casing during the cutting process.).
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Flannery et al. (GB 2588391 A) and further in view of Gao et al. (CN 212649136 U).
Regarding claim 9, Flannery et al. teach Zheng et al. teach a method for at least partially recycling (Page 1, lines 4-5) and/or repairing (Due to the inclusion of “or” in the preamble, the repairing limitation is clearly optional or a separate embodiment.) an electrical energy store (Figs. 1, 3, 4, 6, and 9 element 1) having at least one cell assembly with a plurality of electrical energy storage cells (Figs. 1, 2, 4, and 6-8, element 2) that are joined in a store housing of the electrical energy store via a filling (Figs. 1 and 2 disclose a housing, element 6, and a filling, element 3. Further, page 6, lines 17-25 disclose the space between and around the cells comprises a polymeric-based filler compound.), the method comprising:
removing at least one energy storage cell of the at least one cell assembly from the filling that at least partially surrounds the plurality of energy storage cells (Figs. 7-8; Page 6, lines 17-25 disclose the space between and around the cells comprises a polymeric-based filler compound and a mechanical pushing force is applied to at least one cell to eject said cell from the pack.), wherein
However, Flannery et al. do not teach the at least one energy storage cell is released from the filling via at least one magnet acting on a cell housing of the at least one energy storage cell to be removed.
Gao et al. teach a one-stop robot automatic battery changing station (Abstract). Further, the system comprises a battery box (Fig. 1, element 2), a battery removal push rod (Fig. 1, element 5), and a first magnet (Fig. 1, element 4), a battery recycling push rod (Fig. 1, element 7), and a second magnet (Fig. 1, element 8) remove the discharged battery and replace with a fully charged battery (Paragraph 0017).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Flannery with Gao in order to replace the battery automatically so that manual operation is not needed.
Regarding claim 10, the combination of Flannery and Gao et al. teach the method according to claim 9. Further, Gao et al. teach wherein in order to release the at least one energy storage cell from the filling, the at least one magnet is attached to a cover surface of the cell housing of the at lest one energy storage cell to be removed (Fig. 1; Paragraph 0007 discloses the battery recycling push rods, elements 5 and 7, with magnets, elements 4 and 8, attached are fixed to the inner wall of the housing.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Flannery with Gao in order to replace the battery automatically so that manual operation is not needed.
Regarding claim 11, the combination of Flannery and Gao et al. teach the method according to claim 9. Flannery et al. teach wherein before the release of the at least one energy storage cell, the filling is removed at least in a region of the cover surface of the cell housing of the at least one energy storage cell (Page 13, lines 8-12).
Regarding claim 12, the combination of Flannery and Gao et al. teach the method according to claim 11. Flannery et al. teach wherein the filling is removed via a punching tool by way of being punched out (Fig. 1; Paragraph 0007 discloses the battery recycling push rods, elements 5 and 7.).
Regarding claim 13, the combination of Flannery and Gao et al. teach the method according to claim 11. However, Flannery et al. do not teach wherein before the release of the at least one energy storage cell, a cell contacting system which interconnects the energy storage cells is removed at least in a region of the at least one energy storage cell to be removed.
However, to implement the teaching of Flannery, it would be obvious to one of ordinary skill in the art to remove a cell connection or bus bar connecting all the battery terminals in order to eject one battery cell. If not, then all cells would be ejected.
Regarding claim 14, the combination of Flannery and Gao et al. teach the method according to claim 9. Further, Gao et al. teach wherein in order to repair the electrical energy store in the case of at least one defective energy storage cell, the defective energy storage cell is localized and is removed by the at least one magnet, and a new, functional energy storage cell is inserted into a cavity of the filling, which cavity arises as a result of the removing of the defective energy storage cell (Paragraph 0017 discloses when the robot's battery is about to run out of power, the robot uses a spare battery and moves to the front of the housing. The battery in the robot's battery compartment is facing the battery recycling slot. The presence or absence of a battery in a battery compartment is detected by a photoelectric sensor. The servo motor is started by the microcontroller to move the battery compartment without a battery facing the battery recycling slot. The battery recycling push rod is activated, and the battery that is about to run out of power is slid into the battery compartment under the action of magnetic force. The battery's electrode contacts and charging contacts are in contact to charge the battery. The photoelectric sensor is then activated to photoelectrically detect the charging indicator light of the battery in the battery compartment. The servo motor is then moved by the microcontroller to move the battery box. The battery compartment with the charging indicator light showing a fully charged battery is facing the battery removal slot. The battery removal push rod is activated. Under the action of the push rod and the magnetic repulsion, the fully charged battery is pushed into the robot's battery compartment. Thus, the robot's battery can be automatically replaced without human operation and control, and the robot does not need to be powered off.)
Regarding claim 16, the combination of Flannery and Gao et al. teach the method according to claim 9. Further, Flannery et al. teach wherein in producing the electrical energy store, a casing layer is arranged on the cell housings of the plurality of energy storage cells and/or on a cell contacting system which interconnects the plurality of energy storage cells, by way of which casing layer, during filling of the store housing with a filler in order to configure the filling, an adhesive connection between the filling and the cell housings and/or between the filling and the cell contacting system is prevented (Page 10, lines 9-21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/ Primary Examiner, Art Unit 1729 September 3rd, 2026
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