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 .
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 12-20 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 12 and 15 recite the limitation "… an insulating member, comprising a main body and at least one hot melt provided on the main body…" followed by “…wherein the mounting hole is configured to receive a hot melt of an insulating member…”. As recited, it is unclear if there are multiple insulating members, or the if the insulating member is the previously recited one. For the purpose of compact prosecution the limitations will be interpreted as “wherein the mounting hole is configured to receive a hot melt of the insulating member”.
Claims 13-14 and 16-20 are rejected for depending on claims 12 and 15 respectively.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (CN209401664U wherein US 20210119287 is used as translation) in view of Jianxiong et al. (CN 209880722 U).
Regarding claim 1, Shi teaches a battery top cover comprising: a cover body, or top plate 31; and at least one mounting hole 311 formed on the cover body 31, wherein the mounting hole 311 is configured to receive a hot melt 323 of an insulating member 32, the mounting hole has a bottom wall and a side wall connected to the bottom wall, an end of the side wall away from the bottom wall has an opening (P58-69; Fig. 8-12).
Shi is silent in teaching the bottom wall is provided with a first protrusion protruding toward the opening; however, Jianxiong, in a similar field of endeavor, also teaches welding an insulating portion to a top plate.
Jianxiong teaches that including a first protrusion in the bottom wall of a mounting hole protruding toward the opening effectively increases contact area, strengthening connection, and improving welding quality (P50-60; Fig. 6-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to provide the first wall of Shi with a first protrusion protruding toward the opening, as taught by Jianxiong to improve the connection strength. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Furthermore, with respect to the above combination of overall element, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 2, modified Shi in view of Jianxiong teaches the first protrusion is spaced apart from the side wall (Jianxiong; Fig. 6-9).
Regarding claim 3, modified Shi teaches a vertical distance between the bottom wall and the opening gradually increases from an inner side of the bottom wall close to the first protrusion to an outer side close to the side wall (Shi; Fig. 11-12).
Regarding claim 4, modified Shi teaches the side wall is further provided with a second protrusion, and a recessed portion is provided between the second protrusion and the bottom wall, shown meeting at 311a (P64-66; Fig. 12).
Regarding claim 5, modified Shi teaches the second protrusion extends along a circumferential direction of the mounting hole to form an annular structure (P64-66; Fig. 10.12).
Regarding claim 6, modified Shi in view of Jianxiong in teaching a a plurality of second protrusions are provided, the plurality of second protrusions being arranged at intervals along a circumferential direction of the mounting hole; however, it would have been obvious to one of ordinary skill in the art to include a plurality of the second protrusions arranged at intervals along a circumferential direction of the mounting hole in light of Jianxiong’s teaching that including a plurality of protrusions allow the hot melt to be better embedded thus improving connection strength (P53-58) and because it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 VI B
The results are not unexpected because merely including additional protrusions does not change the function of the protrusions, the mounting hole, or the hot molt, and provides the exact functionality taught by modified Shi in view of Jianxong – an embedded insulating layer with improved connection strength.
Regarding claim 7, modified Shi teaches the side wall comprises a first wall surface and a second wall surface connected in sequence along an axial direction of the mounting hole, the bottom wall is connected to an end of the first wall surface away from the second wall surface, and a portion of the second wall surface protruding inwards from the first wall surface forms the second protrusion (P64-66; Fig. 12).
Regarding claim 8, modified Shi teaches he side wall further comprises a third wall surface connected between the first wall surface and the second wall surface, and taking a plane parallel to the cover body as a cross-section, a cross-sectional area of an area enclosed by the third wall surface gradually increases from an end close to the second wall surface to an end away from the second wall surface (P64-66; Fig. 6.8-9.12).
Regarding claim 9, modified Shi teaches the second wall surface is a cylindrical surface (P64-66; Fig. 6-9.12).
Regarding claim 10, modified Shi teaches the side wall further comprises a fourth wall surface connected to an end of the second wall surface away from the first wall surface, and the second wall surface further protrudes inwards from the fourth wall surface (P60-67; Fig. 6-9.12).
Regarding claim 11, modified Shi in view of Jianxiong teaches a plurality of first protrusions are provided, the plurality of first protrusions being arranged at intervals on the bottom wall (Jianxiong; P50-60; Fig. 6-9).
Regarding claim 12, Shi teaches a battery top cover comprising: an insulating member 32, comprising a main body 32 and at least one hot melt 323 provided on the main body; and a cover body, or top plate 31; and at least one mounting hole 311 formed on the cover body 31, wherein the mounting hole 311 is configured to receive a hot melt 323 of an insulating member 32, the mounting hole has a bottom wall and a side wall connected to the bottom wall, an end of the side wall away from the bottom wall has an opening, wherein each hot melt is inserted into one mounting hole of the battery top cover, and the hot melt is configured to be filled into the mounting hole after hot melting (P58-69; Fig. 8-12).
Shi is silent in teaching the bottom wall is provided with a first protrusion protruding toward the opening; however, Jianxiong, in a similar field of endeavor, also teaches welding an insulating portion to a top plate.
Jianxiong teaches that including a first protrusion in the bottom wall of a mounting hole protruding toward the opening effectively increases contact area, strengthening connection, and improving welding quality (P50-60; Fig. 6-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to provide the first wall of Shi with a first protrusion protruding toward the opening, as taught by Jianxiong to improve the connection strength. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Furthermore, with respect to the above combination of overall element, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 13, modified Shi teaches wherein a contact portion is provided at an end of the hot melt away from the main body, and taking a plane parallel to the main body as a cross-section, a cross-sectional area of the contact portion gradually decreases from an end close to the main body to an end away from the main body (P50-60; Fig. 6-9), but is silent in teaching the contact portion gradually decreases to form a tip..
“Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP § 2113
There is no evidence that the product-by-process language as recited imparts specific structural characteristics to the product. Since the method of formation and product itself is formed in a similar way, of similar structure for serving the same purpose as Applicants. Alternatively, any differences provided by the product-by-process limitation would provide a product that is obvious from the top cover of modified Shi.
Regarding claim 14, modified Shi in view of Jianxiong teaches the hot melt comprises a first section and a second section connected in sequence along a direction away from the main body, a cross-sectional area of the first section P1 is greater than a cross-sectional area of the second section P2, and the contact portion is arranged at an end of the second section away from the first section. Furthermore, examiner notes is no evidence that the product-by-process language as recited imparts specific structural characteristics to the product. Since the method of formation and product itself is formed in a similar way, of similar structure for serving the same purpose as Applicants. Alternatively, any differences provided by the product-by-process limitation would provide a product that is obvious from the top cover of modified Shi. MPEP 2113
Regarding claim 15, Shi teaches a battery cell comprising a top cover assembly, the top cover assembly comprising: an insulating member 32, comprising a main body 32 and at least one hot melt 323 provided on the main body; and a cover body, or top plate 31; and at least one mounting hole 311 formed on the cover body 31, wherein the mounting hole 311 is configured to receive a hot melt 323 of an insulating member 32, the mounting hole has a bottom wall and a side wall connected to the bottom wall, an end of the side wall away from the bottom wall has an opening, wherein each hot melt is inserted into one mounting hole of the battery top cover, and the hot melt is configured to be filled into the mounting hole after hot melting (P58-69; Fig. 8-12).
Shi is silent in teaching the bottom wall is provided with a first protrusion protruding toward the opening; however, Jianxiong, in a similar field of endeavor, also teaches welding an insulating portion to a top plate.
Jianxiong teaches that including a first protrusion in the bottom wall of a mounting hole protruding toward the opening effectively increases contact area, strengthening connection, and improving welding quality (P50-60; Fig. 6-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to provide the first wall of Shi with a first protrusion protruding toward the opening, as taught by Jianxiong to improve the connection strength. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Furthermore, with respect to the above combination of overall element, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 16, modified Shi in view of Jianxiong teaches the first protrusion is spaced apart from the side wall (Jianxiong; Fig. 6-9).
Regarding claim 17, modified Shi teaches a vertical distance between the bottom wall and the opening gradually increases from an inner side of the bottom wall close to the first protrusion to an outer side close to the side wall (Shi; Fig. 11-12).
Regarding claim 18, modified Shi teaches the side wall is further provided with a second protrusion, and a recessed portion is provided between the second protrusion and the bottom wall, shown meeting at 311a (P64-66; Fig. 12).
Regarding claim 19, modified Shi teaches a battery comprising the battery cell (P4).
Regarding claim 20, modified Shi teaches a power consumption device, such as an electric vehicle, comprising the battery configured to supply electric energy (P4).
Conclusion
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/Amanda Rosenbaum/Examiner, Art Unit 1752
/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
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