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 07/16/2024 and 02/17/2025 are 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 12, 15 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 12 recites the limitation "the one surface" in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes claim 12 is considered to read “one surface”. Appropriate correction is required.
Claim 15 contains the limitation “wherein a height of the first hole and a height of the second hole are different based on the bottom surface of the case”. It is unclear if the respective heights are different than each other or different from some other value. Appropriate correction is required. For examination purposes it is assumed that the respective heights are different from each other.
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.
Claim(s) 1, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (CN203536487U), cited on the IDS filed 02/17/2025, reference is made to the enclosed machine translation.
Regarding claim 1, Zhu discloses a secondary battery assembly comprising: a plurality of battery cells (Fig. 1 reproduced below; [0029] battery 10) a case forming an accommodating space for accommodating the plurality of battery cells (Fig. 1; [0029] housing 1); and a non-combustible gas filled in the accommodating space ([0021] battery box filled with inert gas).
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Regarding claim 14, Zhu discloses the secondary battery assembly according to claim 1. Zhu further discloses a first hole formed on one side surface of the case; and a second hole formed on the other side surface of the case opposing the first hole ([0029] inert gas inlet 2 and an exhaust port 3; Fig. 1 reproduced above).
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.
Claim(s) 2-13, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN203536487U), as applied above, in view of Shi et al. (CN102148397A), cited on the IDS filed 02/17/2025.
Regarding claim 2, Zhu discloses the secondary battery assembly according to claim 1. Zhu teaches further comprising: a first hole and a second hole penetrating the case and communicating with the accommodating space ([0022]; [0029] inert gas inlet 2 and exhaust port 3; Fig. 1). Zhu teaches that a battery box is airtightly sealed to prevent the battery from being corroded by external smoke and air ([0025]). Zhu teaches that the inert gas inlet and outlet can be opened and closed ([0030]).
Zhu does not explicitly teach a first closing member and a second closing member coupled to the case to close the first hole and the second hole.
However, Shi teaches a secondary battery assembly comprising a sealed housing filled with inert gas, an inflation valve, an exhaust valve, a safety valve, a lithium-ion battery pack, and electrical interfaces ([0012]). Shi teaches a first hole and a second hole penetrating the case and communicating with the accommodating space (Fig. 2; [0021]); and a first closing member and a second closing member coupled to the case to close the first hole and the second hole ([0021] inflation valve 6 and exhaust valve 11; valves can be opened and closed). Shi teaches that the housing is sealed ([0020]). Shi teaches that the inflation valve 6 fills the inner cavity of the sealed housing with inert gas (such as carbon dioxide, argon, etc.) and the exhaust valve 11 evacuates the inner cavity of the sealed housing ([0021]).
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It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the battery assembly taught by Zhu by utilizing valves, which can be opened and closed, in the through holes as taught by Shi.
One of ordinary skill in the art could have modified the battery assembly taught by Zhu by utilizing valves, which can be opened and closed, in the through holes as taught by Shi with a reasonable expectation of successfully sealing a battery housing. It is known in the art to provide valves that open and close on a sealed battery housing.
Regarding claim 3, modified Zhu teaches the secondary battery assembly according to claim 2. Zhu teaches wherein, when the non-combustible gas is injected into the accommodating space through the first hole, at least a part of a gas in the accommodating space is discharged through the second hole ([0030]; [0034]; [0021]-[0024]).
Regarding claim 4, modified Zhu teaches the secondary battery assembly according to claim 2. Shi further teaches wherein the first closing member and the second closing member each includes a hole sealing portion for sealing the first hole and the second hole ([0021] valves 6 and 11 installed on sealed housing therefore the through hole corresponding to the respective valve is sealed).
Regarding claim 5, modified Zhu teaches the secondary battery assembly according to claim 2. Zhu further teaches multiple configurations of the inlet and outlet ports locations, such as diagonally from each other ([0029]; [0031]-[0033]).
Zhu does not explicitly teach wherein the wherein the first hole and the second hole are formed on one surface of the case.
However, Shi teaches wherein the first hole and the second hole are formed on one surface of the case (Fig. 2, see above; [0021]).
It would have been obvious to one of ordinary skill in the art to modify the battery assembly taught by Zhu such that the first hole and second hole are formed on one surface of the case as taught by Shi.
One of ordinary skill in the art could have modified the battery assembly taught by Zhu such that the first hole and second hole are formed on one surface of the case as taught by Shi because it is a known alternate configuration.
Regarding claim 6, modified Zhu teaches the secondary battery assembly according to claim 5. Zhu further teaches wherein the distance from the first hole to the second hole is longer than the length of an edge of the one surface of the case (Fig. 1 annotated below, diagonal line is longer than the short edge of the case; [0029]; [0031]-[0033]).
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Regarding claim 7, modified Zhu teaches the secondary battery assembly according to claim 5. Zhu further teaches wherein the first hole and the second hole are positioned diagonally on the one surface of the case ([0029]; [0031]-[0033]; Fig, 1 above).
Regarding claim 8, modified Zhu teaches the secondary battery assembly according to claim 2.
While modified Zhu does not discuss the dimensions of the first and second holes, the examiner notes that claim 8 does not provide any values for the “different from” limitation, such that a portion a nanometer larger or smaller would satisfy the claims such that manufacturing tolerances would be included in the recited limitation.
Further, in Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 9, modified Zhu teaches the secondary battery assembly according to claim 2.
Zhu does not explicitly teach wherein the case includes an accommodating body including an opening portion at the top; and an accommodating cover coupled to the accommodating body to close the opening portion, and wherein the first hole and the second hole are positioned on the accommodating cover.
However, Shi teaches wherein the case includes an accommodating body including an opening portion at the top ([0020] sealed shell compartment); and an accommodating cover coupled to the accommodating body to close the opening portion ([0020] sealed shell cover), and wherein the first hole and the second hole are positioned on the accommodating cover (Fig. 2 above; [0020]-[0021]).
It would have been obvious to one of ordinary skill in the art to further modify the battery assembly taught by modified Zhu such that the case includes an accommodating body including an opening portion at the top; and an accommodating cover coupled to the accommodating body to close the opening portion, and wherein the first hole and the second hole are positioned on the accommodating cover as taught by Shi.
One of ordinary skill in the art could have modified the battery assembly taught by modified Zhu such that the case includes an accommodating body including an opening portion at the top; and an accommodating cover coupled to the accommodating body to close the opening portion, and wherein the first hole and the second hole are positioned on the accommodating cover as taught by Shi with a reasonable expectation of producing an inerted battery box because this is a known alternate configuration.
Regarding claim 10, modified Zhu teaches the secondary battery assembly according to claim 2.
Zhu does not teach wherein the case further includes a body sealing portion positioned between the accommodating body and the accommodating cover.
However, Shi teaches wherein the case further includes a body sealing portion positioned between the accommodating body and the accommodating cover ([0020] sealing ring 3).
Both Zhu and Shi teach sealed battery housings. Therefore, it would have been obvious to one of ordinary skill in the art to modify the battery assembly taught by modified Zhu to include a body sealing portion positioned between the accommodating body and the accommodating cover as taught by Shi.
One of ordinary skill in the art would be motivated to modify the battery assembly taught by modified Zhu to include a body sealing portion positioned between the accommodating body and the accommodating cover as taught by Shi to provide a sealed structure (Shi [0013]).
Regarding claim 11, modified Zhu teaches the secondary battery assembly according to claim 1.
Modified Zhu does not teach wherein the first hole and the second hole are each provided in a plural number.
However, it would have been obvious to one of ordinary skill to modify the battery assembly taught by Zhu to include a plural number of first and second holes. Duplication of parts is within the ambit of one of ordinary skill in the art. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP §2144.04)
Regarding claim 12, modified Zhu teaches the secondary battery assembly according to claim 11. Zhu teaches wherein the first hole is positioned in a first area adjacent to one edge in one surface of the case (Fig. 1 reproduced above; [0029]; [0031]-[0033]), and the second hole is positioned in a second area different from the first area in the one surface of the case (Fig. 1 reproduced above; [0029]; [0031]-[0033]).
It would have been obvious to one of ordinary skill in the art to locate the duplicate holes in the same vicinity as the original holes.
Regarding claim 13, modified Zhu teaches the secondary battery assembly according to claim 1.
Zhu is silent as to the specific type of inert gas.
However, Shi teaches wherein the non-combustible gas is one selected from the group including carbon dioxide, argon, etc. ([0012]).
Zhu teaches the use of an inert gas in a sealed battery housing. Shi teaches that carbon dioxide and argon are acceptable inert gasses for use in a sealed battery housing. Therefore, it would have been obvious to one of ordinary skill in the art to select carbon dioxide or argon as the inert gas in the battery assembly taught by Zhu.
One of ordinary skill in the art could have selected carbon dioxide or argon as the inert gas in the battery assembly taught by Zhu with a reasonable expectation of successfully producing an inerted battery box because carbon dioxide and argon are known inert (or non-combustible) gases.
Regarding claim 16, Zhu teaches a secondary battery assembly comprising: a plurality of battery cells (Fig. 1 reproduced below; [0029] battery 10) a case forming an accommodating space for accommodating the plurality of battery cells (Fig. 1; [0029] housing 1). Zhu teaches that a battery box is filled with inert gas ([0013]). Zhu teaches where a pipe, divided into two branches, is inserted into the inert gas inlet on the box body, with one branch connected to a vacuum pump, and the other branch connected to an air pump ([0034]).
Zhu does not explicitly teach wherein the pressure of the accommodating space is maintained at a preset vacuum pressure lower than an air pressure outside the case.
However, Shi teaches a battery box filled with inert gas ([0021]) wherein a vacuum is drawn from the inner cavity of the sealed casing during filling of a battery housing with inert gas ([0012]). Shi teaches that excessive pressure inside a battery housing is undesirable ([0021]).
Both Zhu and Shi teach that a vacuum can be pulled during filling of a battery box with inert gas and Shi teaches that excessive pressure inside a battery housing is undesirable ([0021]).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the battery housing taught by Zhu such that the pressure of the accommodating space is maintained at a preset vacuum pressure lower than an air pressure outside the case.
One of ordinary skill in the art would be motivated to modify the battery housing taught by Zhu such that the pressure of the accommodating space is maintained at a preset vacuum pressure lower than an air pressure outside the case to allow proper filling of inert gas and to prevent excessive pressure within the battery housing.
Regarding claim 17, Zhu teaches a secondary battery assembly comprising: a case forming an accommodating space for accommodating the plurality of battery cells (Fig. 1; [0029] housing 1); first and second holes formed on the case and penetrating the case to fluidly communicate with the accommodation space ([0022]; [0029]; Fig. 1 reproduced above), and a non-combustible gas filled in the accommodating space ([0013]), and wherein when the non-combustible gas is injected into the accommodating space through the first hole, at least a part of a gas in the accommodating space is discharged through the second hole ([0030]; [0034]; [0021]-[0024]; [0013]). Zhu teaches that a battery box is airtightly sealed to prevent the battery from being corroded by external smoke and air ([0025]). Zhu teaches that the inert gas inlet and outlet can be opened and closed ([0030]).
While Zhu does not discuss the relative dimensions of the first and second holes, the examiner notes that claim 17 does not provide any values for the “larger than” limitation, such that a portion a nanometer larger would satisfy the claims such that manufacturing tolerances would be included in the recited limitation.
Further, in Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Zhu does not explicitly teach first and second closing members, configured to close the first and second holes respectively,
However, Shi teaches a secondary battery assembly comprising a sealed housing filled with inert gas, an inflation valve, an exhaust valve, a safety valve, a lithium-ion battery pack, and electrical interfaces ([0012]). Shi teaches a first hole and a second hole penetrating the case and communicating with the accommodating space (Fig. 2; [0021]); and a first closing member and a second closing member coupled to the case to close the first hole and the second hole ([0021] inflation valve 6 and exhaust valve 11; valves can be opened and closed). Shi teaches that the housing is sealed ([0020]). Shi teaches that the inflation valve 6 fills the inner cavity of the sealed housing with inert gas (such as carbon dioxide, argon, etc.) and the exhaust valve 11 evacuates the inner cavity of the sealed housing ([0021]).
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It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the battery assembly taught by Zhu by utilizing valves, which can be opened and closed, in the through holes as taught by Shi.
One of ordinary skill in the art could have modified the battery assembly taught by Zhu by utilizing valves, which can be opened and closed, in the through holes as taught by Shi with a reasonable expectation of successfully sealing a battery housing. It is known in the art to provide valves that open and close on a sealed battery housing.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN203536487U) in view of Shi et al. (CN102148397A), as applied above, in further view of Chang (KR 101229411 B1), reference is made to the enclosed machine translations.
Regarding claim 15, Zhu discloses the secondary battery assembly according to claim 14. Zhu teaches that the first and second holes can be located in various configurations ([0029]; [0031]-[0033]).
Zhu does not teach wherein a height of the first hole and a height of the second hole are different based on the bottom surface of the case.
However, Chang teaches a battery pack in which a gas for preventing oxidation and fire is filled inside a battery pack case that minimizes thickness and is capable of heat dissipation (pp. 2). Chang teaches where the battery pack is sealed (pp. 10) and has a supply port, for supplying inert gas such as nitrogen, and a gas discharge port (pp. 9; pp. 17). Chang teaches that the gas supply port and gas discharge port can be installed in various locations depending on the structure and internal space of the battery pack case (pp. 18).
Therefore, in view of Zhu and Chang, it would have been obvious to one of ordinary skill in the art to modify the location of the first and second holes in the battery assembly taught by Zhu, for example, such that a height of the first hole and a height of the second hole are different based on the bottom surface of the case.
One of ordinary skill in the art could have modified the location of the first and second holes in the battery assembly taught by Zhu, for example, such that a height of the first hole and a height of the second hole are different based on the bottom surface of the case with a reasonable expectation of successfully producing a sealed inerted battery housing because various configurations of inlet and outlet holes are known in the art.
Conclusion
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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