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 .
Specification
The disclosure is objected to because of the following informalities:
[0005] line 4: “electrochemical, reaction” should instead read “electrochemical reaction”;
[0063] line 3: “tool separations etc.” should instead read “tool separations, etc.”;
[0065] line 4: “receptables” should instead read “receptacles”;
[0065] line 5: “receptables” should instead read “receptacles”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because “respective energy storage element” in line 10 should instead read “respective electrical energy storage element” for consistency and to avoid issues of antecedent basis.
Claim 7 is objected to because “the energy storage elements” should instead read “the plurality of electrical energy storage elements” for consistency and to avoid issues of antecedent basis.
Claim 7 is further objected to because it further limits the claim element “electrical energy storage elements”, however this claim element is only included in Claim 1 as part of an intended use limitation, and therefore is not required by the claim except for the structure of the clamp assembly that is implied by this intended use. Put another way, Claim 7 is objected to because Claim 1 does not positively recite that the clamp assembly comprises electrical energy storage elements, however Claim 7 further limits the electrical energy storage elements to a certain type of battery. The recommended correction is to change the dependency of Claim 7 so that it instead depends upon Claim 8, which does require the electrical energy storage elements to be comprised in the claimed battery.
Appropriate correction is required.
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 1, 2, 5, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jacobs (US 2022/0203645 A1).
Regarding Claim 1, Jacobs discloses a clamp assembly (see honeycomb structure 200, [0039], FIG. 2A) for a plurality of electrical energy storage elements in the form of cylindrical round cells (see battery cells 103, [0038], FIG. 1, 2A, 6), each respective electrical energy storage element having a shell surface (see cylindrical middle section 213, [0039], FIG. 2A) and two end faces (see first end 105 and second end 107, [0038], FIG. 1), the clamp assembly comprising:
a one-piece cell holder (see honeycomb structure 200, [0039], FIG. 2A) comprising a plurality of recesses (see hexagonal cells 201, [0039], FIG. 2A) each having a polygonal shape and a corresponding number of walls ([0039], FIG. 2A),
wherein the cell holder is made of plastic ([0040]),
wherein each respective energy storage element is clamped in a respective recess in the cell holder with the cell holder engaging in a region of the shell surface of the respective electrical energy storage element ([0039], FIG. 2A), and
wherein end faces of each respective energy storage element are located outside the cell holder ([0039]).
Regarding Claim 2, Jacobs discloses the clamp assembly as set forth above. Jacobs further discloses wherein the plurality of recesses each have a hexagonal shape ([0039], FIG. 2A).
Regarding Claim 5, Jacobs discloses the clamp assembly as set forth above. Jacobs further discloses wherein the cell holder has a structure wherein the plurality of recesses are bounded by intermediate side walls (see sidewalls, [0039], FIG. 2A, 2B).
Regarding Claim 8, Jacobs discloses the clamp assembly as set forth above. Jacobs further discloses a battery (see battery module assembly, [0050], FIG. 6, 7), comprising:
at least one clamp assembly according to claim 1 ([0050]);
the plurality of electrical energy storage elements in the form of cylindrical round cells (see battery cells 103, [0038], [0050], FIG. 1, 2A, 6); and
a housing (see combination of sidewalls 205 and 207, [0040], FIG. 2B, 6, 7, carrier layer 101, [0038], FIG. 1, 2A, 6, 7, and cooling plate 701, [0051], FIG. 7);
wherein the at least one clamp assembly is arranged in the housing ([0050], FIG. 2B, 6), and
wherein the plurality of electrical energy storage elements are bonded to structural elements of the housing and/or the battery via their end faces located outside the cell holder ([0038], [0051]).
Regarding Claim 9, Jacobs discloses the battery as set forth above. Jacobs further discloses wherein at least:
the bonding causes heat dissipation from the energy storage elements ([0051] discloses bonding via an adhesive that can be a thermal interface material to a cooling plate; such a configuration will necessarily result in heat dissipation from the energy storage elements).
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.
Claims 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobs (US 2022/0203645 A1) as applied to Claims 1 and 5 above, in view of Yang (CN 217903281 U; see attached machine translation).
Regarding Claims 3 and 4, Jacobs discloses the clamp assembly as set forth above, but does not disclose wherein the plurality of recesses are each provided with at least one clamping rib pointing into an interior thereof (Claim 3), and thus also does not disclose wherein at least one of:
the plurality of recesses are each provided with two or more clamping ribs pointing into the interior thereof;
the plurality of recesses each have a hexagonal shape and are provided with three clamping ribs pointing into the interior thereof; and/or
the clamping ribs of each respective recess are positioned on non-adjacent walls of the respective recess (Claim 4).
Yang teaches a clamp assembly (see base 1, [n0036], FIG. 1–4) for a plurality of electrical energy storage elements in the form of cells (see lithium batteries, [n0034]), each respective electrical energy storage element having a shell surface (a person of ordinary skill in the art will understand each respective electrical energy storage element must have a shell surface in order to be contained in the clamp assembly in the manner disclosed in e.g. [n0037]) and two end faces ([n0041]), the clamp assembly comprising: a one-piece cell holder (FIG. 1, 3) comprising a plurality of recesses each having a polygonal shape and a corresponding number of walls ([n0036], FIG. 1–6), wherein each respective electrical energy storage element is clamped in a respective recess (see placement slots 6, [n0036], FIG. 1, 3, 5, 6) in the cell holder ([n0036]) with the cell holder engaging in a region of the shell surface of the respective electrical energy storage element ([n0037], FIG. 3, 5). Yang teaches wherein the plurality of recesses are each provided with a plurality of clamping ribs pointing into an interior thereof (see elastic clips 9, [n0037], FIG. 4–6); and the clamping ribs of each respective recess are positioned on non-adjacent walls of the respective recess ([n0037], FIG. 4–6). Yang teaches that the clamping ribs serve to elastically clamp the energy storage elements and provide a buffering effect during heat expansion, preventing the energy storage elements from being squeezed and deformed, protecting them and ensuring stable performance ([n0037]).
Yang and Jacobs are analogous to the claimed invention as they are in the same field of clamp assemblies for batteries. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the clamp assembly of Jacobs such that it further comprises the clamping ribs of Yang for the purpose of elastically clamping the energy storage elements, providing a buffering effect during heat expansion, preventing the energy storage elements from being squeezed and deformed, protecting them and ensuring stable performance.
Regarding Claim 6, Jacobs discloses the clamp assembly as set forth above, but does not explicitly disclose wherein the intermediate side walls each have only one clamping rib.
Yang teaches a clamp assembly (see base 1, [n0036], FIG. 1–4) for a plurality of electrical energy storage elements in the form of cells (see lithium batteries, [n0034]), each respective electrical energy storage element having a shell surface (a person of ordinary skill in the art will understand each respective electrical energy storage element must have a shell surface in order to be contained in the clamp assembly in the manner disclosed in e.g. [n0037]) and two end faces ([n0041]), the clamp assembly comprising: a one-piece cell holder (FIG. 1, 3) comprising a plurality of recesses each having a polygonal shape and a corresponding number of walls ([n0036], FIG. 1–6), wherein each respective electrical energy storage element is clamped in a respective recess (see placement slots 6, [n0036], FIG. 1, 3, 5, 6) in the cell holder ([n0036]) with the cell holder engaging in a region of the shell surface of the respective electrical energy storage element ([n0037], FIG. 3, 5). Yang teaches wherein the plurality of recesses are provided with a plurality of clamping ribs pointing into an interior thereof (see elastic clips 9, [n0037], FIG. 4–6). Yang teaches that the clamping ribs serve to elastically clamp the energy storage elements and provide a buffering effect during heat expansion, preventing the energy storage elements from being squeezed and deformed, protecting them and ensuring stable performance ([n0037]).
Yang and Jacobs are analogous to the claimed invention as they are in the same field of clamp assemblies for batteries. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the clamp assembly of Jacobs such that it further comprises the clamping ribs of Yang for the purpose of elastically clamping the energy storage elements, providing a buffering effect during heat expansion, preventing the energy storage elements from being squeezed and deformed, protecting them and ensuring stable performance.
Modified Jacobs appears to disclose (Yang FIG. 3–6) wherein the intermediate side walls each have only one clamping rib, however other aspects of modified Jacobs (Yang [n0037]) disclose wherein the intermediate side walls each have only one set of clamping ribs, i.e. multiple clamping ribs. Assuming for the sake of argument that modified Jacobs discloses only the latter embodiment, it is noted that Yang teaches ([n0042]) that improvements and modifications can be made without departing from the principle of the utility model by those skilled in the art, and thus it is submitted that it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the clamp assembly of modified Jacobs such that the intermediate side walls each have only one clamping rib, with a reasonable expectation that such a modification would maintain the principle and reap the benefits of the clamping ribs as taught by Yang, namely clamping of the energy storage elements and provision of a buffering effect during heat expansion, preventing the energy storage elements from being squeezed and deformed, protecting them and ensuring stable performance.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jacobs (US 2022/0203645 A1) as applied to Claim 1 above, in view of Reimer et al. (US 2021/0197689 A1).
Regarding Claim 7, Jacobs discloses the clamp assembly as set forth above, but does not disclose wherein the energy storage elements are lithium-ion cells or sodium-ion cells.
Reimer teaches a clamp assembly (see honeycomb battery cell holder 630, [0082], FIG. 6) for a plurality of electrical energy storage elements in the form of cylindrical round cells (see battery cells 444, [0082], FIG. 6), each respective electrical energy storage element having a shell surface and two end faces (FIG. 6), the clamp assembly comprising: a one-piece cell holder comprising a plurality of recesses each having a polygonal shape and a corresponding number of walls (see hexagonal prism shaped battery cell cavities, [0082], FIG. 6), wherein each respective electrical energy storage element is clamped in a respective recess in the cell holder with the cell holder engaging in a region of the shell surface of the respective electrical energy storage element ([0082], FIG. 6). Reimer teaches wherein the energy storage elements are lithium-ion cells ([0039]).
KSR Rationale D states that it is obvious to apply “a known technique to a known device (method, or product) ready for improvement to yield predictable results” (see MPEP § 2141). In the instant case, Reimer teaches that lithium-ion cells can be utilized as the energy storage elements in a similar clamp assembly. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the clamp assembly of Jacobs such that the energy storage elements are lithium-ion cells, as taught by Reimer, to yield the predictable result of a functional clamp assembly suitable for energy storage elements that are lithium-ion cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA MARIE FEHR, Ph.D. whose telephone number is (571)270-0860. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BASIA RIDLEY can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.M.F./Examiner, Art Unit 1725
/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
Prosecution Insights