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 .
Election/Restriction and Claim Status
Applicant’s election without traverse of Species 1, Claims 1–17 and 20 (Claims 1–15 and 20 being generic to all species) in the reply filed on 24 July 2026 is acknowledged. Claims 18 and 19 are withdrawn from further consideration pursuant to CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The disclosure is objected to because of the following informalities:
P23L12: the following correction should be made: “use of the battery 200
P29L4: the following correction should be made: “second side wall 112”.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Ω1, Ω2, and Ω3 (at least [00134] mentions first region Ω1, second region Ω2, and third region Ω3 with reference to FIG. 5, however the “Ω” symbol is missing from FIG. 5, which instead includes other symbols not mentioned in the specification, i.e. vertical dashes and numbers with accent marks); and
5311 and 5312 mentioned in at least [00107], [00211].
The drawings are further objected to for the following informalities:
FIG. 9: it appears that the non-underlined reference number 50 should be changed to reference number 52, as it is pointing to the electrical connection portion 52 (and the entire structure is labeled as reference number 50, so an individual part should not also be labeled as reference number 50).
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. 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.
Claim Objections
Claims 4, 12, and 14 are objected to because of the following informalities:
Claim 4: “an overlapping area of an overlapping portion between two first battery cells” should be corrected to “an
Claim 12: “each accommodation chamber containing” should be corrected to “each accommodation chamber contains”.
Claim 14: “second battery cell differing from” should be corrected to “second battery cell differs”; “a battery unit” should be replaced by e.g. “at least one of the first battery cells” to avoid issues of antecedent basis.
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.
Claims 7, 13, 14, and 17 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 7 is indefinite as it is unclear whether the three recited limitations, i.e.:
each first battery cell comprises a second sidewall connected to the first sidewall, each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall and at least one second sidewall;
the first sidewalls opposite each other in any two adjacent rows of battery units are arranged offset from each other; and
first battery cells offset from each other in adjacent rows are electrically connected through a busbar,
are all meant to be modified by the “or” in line 6 of the claim and therefore only one of limitations (1), (2), or (3) is required to satisfy the claim, or if limitation (1) is required in all instances and limitations (2) and (3) are modified by the “or” in line 6 of the claim, etc. For the purposes of this office action, the examiner has interpreted Claim 7 as requiring only one of the limitations (1)–(3) above.
Claim 7 is further indefinite as it is unclear if the claim element “first battery cells offset from each other in adjacent rows” in line 7 is meant to refer to all of the first battery cells which would satisfy this requirement in the battery, at least two first battery cells, etc. For the purposes of this office action, the examiner has interpreted this claim element to instead read “at least two first battery cells offset from each other in adjacent rows”.
Claims 13 and 14 are indefinite as both claims recite the claim element “the first battery cell”, and it is unclear which “first battery cell” of the “at least two first battery cells” previously recited in the claims upon which Claims 13 and 14 depend is being referred to by “the first battery cell”, i.e. is “the first battery cell” meant to refer to any first battery cell, a specific first battery cell amongst the at least two first battery cells, etc. For the purposes of this office action, all instances of “the first battery cell” in Claims 13 and 14 have been interpreted as “at least one first battery cell”, except for the limitation in line 3 of Claim 14, which has been interpreted to instead read “a volume of the second battery cell is smaller than a volume of one first battery cell” (to make clear that this limitation is comparing volumes of one individual second battery cell and one individual first battery cell).
Claim 17 is indefinite as it recites the claim element “two thermally conductive sidewalls” followed by a later recitation of the claim element “the thermally conductive sidewall”, without making clear whether “the thermally conductive sidewall” is meant to reference one specific thermally conductive sidewall of the two, at least one thermally conductive sidewall, etc. For the purposes of this office action, the claim element “the thermally conductive sidewall” has been interpreted as “at least one of the thermally conductive sidewalls”.
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, 4–8, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Golubkov (EP 3506383 A1).
Regarding Claim 1, Golubkov discloses a battery (see battery module 70, [0056], FIG. 4; note that an annotated FIG. 4 of Golubkov relevant to the mapping of Claim 1 is provided below), comprising:
at least two first battery cells (see battery cell 80, [0035], FIG. 1, 2, 4), wherein each first battery cell is provided with multiple sidewalls (see first lateral walls 15, 16, and second lateral walls 17, 18, [0039], FIG. 1, 2, 4), the multiple sidewalls comprise a first sidewall (see first lateral walls 15, 16, [0039], FIG. 1, 2, 4), the first sidewall is a sidewall with the largest area of the first battery cell (FIG. 1, 2, 4), the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction (see direction in which the narrow module side surfaces 77 extend, [0048], FIG. 4) and arranged offset from each other in a second direction (see length direction of the battery module 70, [0048], FIG. 4; see also direction in which the wide module side surfaces 76 extend, [0048], FIG. 4) ([0023]–[0024], [0049], [0051], FIG. 4), the first direction and the second direction are perpendicularly arranged (FIG. 4), and the first direction is perpendicular to the first sidewall (FIG. 4).
PNG
media_image1.png
771
1015
media_image1.png
Greyscale
FIG. 4 of Golubkov with annotations added by the examiner relevant to Claim 1.
Regarding Claim 2, Golubkov discloses the battery as set forth above. Golubkov further discloses wherein at least two first sidewalls offset from each other are thermally conductively connected ([0023], [0068]).
Regarding Claims 4 and 5, Golubkov discloses the battery as set forth above. Golubkov further discloses wherein, in the second direction, an overlapping area of an overlapping portion between two first battery cells offset from each other is denoted as L1, an area of the first sidewall is denoted as L2, and a ratio of L1 to L2 is 1/2 ([0023], [0049], [0051], FIG. 4).
Regarding Claim 6, Golubkov discloses the battery as set forth above. Golubkov further discloses wherein the battery comprises multiple rows of battery units (see rows 78, [0049], FIG. 4), each row of battery units comprises multiple first battery cells ([0049], FIG. 4), multiple rows of battery units are sequentially arranged in the first direction ([0049], FIG. 4), and the first sidewalls opposite each other in the first direction in at least two adjacent rows of the battery units are arranged offset from each other ([0023], [0051], FIG. 4).
Regarding Claim 7, Golubkov discloses the battery as set forth above. Golubkov further discloses wherein:
each first battery cell comprises a second sidewall (see second lateral walls 17, 18, [0039], FIG. 1, 2, 4) connected to the first sidewall, each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall and at least one second sidewall ([0023], [0068], FIG. 4; note that while [0068] discloses that two first battery cells adjacent to each other in the second direction will be thermally conductively connected via busbars, FIG. 4 shows that two first battery cells adjacent to each other in the second direction have second sidewalls in close proximity, and thus one of ordinary skill in the art will understand that such battery cells will also be thermally conductively connected via their second sidewalls);
the first sidewalls opposite each other in any two adjacent rows of battery units are arranged offset from each other ([0023], [0051], FIG. 4); and
first battery cells offset from each other in adjacent rows are electrically connected through a busbar (see second busbar 73b, [0051], FIG. 4).
Regarding Claim 8, Golubkov discloses the battery as set forth above. Golubkov further discloses wherein:
first battery cells offset from each other in adjacent rows are electrically connected through a busbar (see second busbar 73b, [0051], FIG. 4; note that an annotated FIG. 4 of Golubkov relevant to the mapping of Claim 8 is provided below); and
the busbar comprises a transition portion (see corner of the L-shape, [0052], FIG. 4) and two electrical connection portions (see short leg and long leg, [0052], FIG. 4), two ends of the transition portion are connected to the two electrical connection portions respectively ([0052], FIG. 4), an extension direction of the transition portion forms an angle with both the first direction and the second direction (FIG. 4 shows that the transition portion is curved in order to connect to the two electrical connection portions, such that its extension direction necessarily forms an angle with the first and second directions), and the two electrical connection portions are electrically connected to two first battery cells respectively ([0051]–[0052], FIG. 4).
PNG
media_image2.png
828
1015
media_image2.png
Greyscale
FIG. 4 of Golubkov with annotations added by the examiner relevant to Claim 8.
Regarding Claim 20, Golubkov discloses the battery as set forth above. Golubkov further discloses an electric apparatus (see external load, [0027]; see also small electronic devices, [0002]; see also hybrid vehicles and the like, [0002]), comprising the battery according to claim 1, wherein the battery is configured to provide electrical energy ([0002], [0004], [0027]).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Golubkov (EP 3506383 A1) as applied to Claim 2 above, in view of Wünsche (EP 2442382 A1; see provided machine translation).
Regarding Claim 3, Golubkov discloses the battery as set forth above, but does not disclose wherein a thermally conductive adhesive layer is provided between at least two of the first sidewalls offset from each other.
Wünsche teaches a battery (see accumulator 1a, [0030], FIG. 1), comprising: at least two first battery cells (see cells 2, [0030]), wherein each first battery cell is provided with multiple sidewalls (FIG. 2, 3), the multiple sidewalls comprise a first sidewall, the first sidewall is a sidewall with the largest area of the first battery cell, the first sidewalls of the at least two first battery cells are arranged opposite each other in a first direction (FIG. 1, 2). Wünsche teaches ([0025]) that a thermally conductive adhesive layer can be provided between at least two first battery cells, i.e. between at least two first sidewalls of at least two first battery cells which are arranged opposite each other, in order to improve heat conduction between the cells and increase the stability of the battery and its ability to withstand higher loads.
Wünsche and Golubkov are analogous to the claimed invention as they are in the same field of battery design. 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 battery of Golubkov such that a thermally conductive adhesive layer is provided between at least two of the first sidewalls (which in Golubkov, are offset from each other), as taught by Wünsche, for the purpose of improving heat conduction between the cells and increase the stability of the battery and its ability to withstand higher loads.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Golubkov (EP 3506383 A1) as applied to Claim 8 above, in view of Ma et al. (CN 20789661 U; see provided machine translation).
Regarding Claim 9, Golubkov discloses the battery as set forth above, but does not disclose wherein:
the transition portion is provided with a stretchable and deformable buffer portion or a reinforcement member made of conductive material; or
a stretchable and deformable buffer portion is connected between each electrical connection portion and the transition portion.
Ma teaches a busbar (see busbar, [0037], FIG. 1–3, 5) for electrical connection ([0004]) comprising a transition portion (see central part of the aluminum busbar body 11, [0037], FIG. 1–3, 5) and two electrical connection portions (see electrical connection areas 111, [0037], [0043], FIG. 1–3, 5), and two ends of the transition portion are connected to the two electrical connection portions respectively ([0044], FIG. 1–3, 5). Ma teaches wherein the transition portion is provided with a stretchable and deformable buffer portion (see circular arc-shaped protrusion, [0063], FIG. 1–3, 5) and a reinforcement member (see reinforcing metal layer 12, [0037], [0066], FIG. 1) made of conductive material (see e.g. aluminum alloy or stainless steel, [0038]). Ma teaches that the stretchable and deformable buffer portion enhances the tensile strength and improves the toughness of the busbar ([0064]), while the reinforcement member protects the busbar and improves its folding life, tensile strength, and hardness ([0042]).
Ma and Golubkov are analogous to the claimed invention as they are in the same field of battery design. 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 battery of Golubkov such that the transition portion of the busbar is provided with a stretchable and deformable buffer portion, as taught by Ma, for the purpose of enhancing the tensile strength and toughness of the busbar, and further such that the transition portion of the busbar is provided with a reinforcement member made of conductive material, as also taught by Ma, for the purpose of protecting the busbar and improving its folding life, tensile strength, and hardness.
Regarding Claim 10, Golubkov discloses the battery as set forth above, but does not disclose wherein the transition portion is provided with a buffer portion that comprises a bent portion having at least an opening; or
the transition portion is provided with a reinforcement member made of conductive material and arranged in a stacked manner.
Ma teaches a busbar (see busbar, [0037], FIG. 1–3, 5) for electrical connection ([0004]) comprising a transition portion (see central part of the aluminum busbar body 11, [0037], FIG. 1–3, 5) and two electrical connection portions (see electrical connection areas 111, [0037], [0043], FIG. 1–3, 5), and two ends of the transition portion are connected to the two electrical connection portions respectively ([0044], FIG. 1–3, 5). Ma teaches wherein the transition portion is provided with a buffer portion (see circular arc-shaped protrusion, [0063], FIG. 1–3, 5) that comprises a bent portion having at least an opening (FIG. 1–3, 5) and a reinforcement member (see reinforcing metal layer 12, [0037], [0066], FIG. 1) made of conductive material (see e.g. aluminum alloy or stainless steel, [0038]) and arranged in a stacked manner ([0037], FIG. 1). Ma teaches that the buffer portion enhances the tensile strength and improves the toughness of the busbar ([0064]), while the reinforcement member protects the busbar and improves its folding life, tensile strength, and hardness ([0042]).
Ma and Golubkov are analogous to the claimed invention as they are in the same field of battery design. 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 battery of Golubkov such that the transition portion of the busbar is provided with a buffer portion that comprises a bent portion having at least an opening, as taught by Ma, for the purpose of enhancing the tensile strength and toughness of the busbar, and further such that the transition portion of the busbar is provided with a reinforcement member made of conductive material and arranged in a stacked manner, as also taught by Ma, for the purpose of protecting the busbar and improving its folding life, tensile strength, and hardness.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Golubkov (EP 3506383 A1) as applied to Claim 6 above, in view of Huang et al. (US 2022/0052415 A1).
Regarding Claim 11, Golubkov discloses the battery as set forth above, but does not disclose the battery further comprising:
a box, the multiple rows of battery units being disposed within the box;
wherein:
the multiple first battery cells in each row of battery units are sequentially arranged in the second direction, the second direction being parallel to a length direction of the box; or
an offset space is provided between adjacent rows of battery units offset from each other and an inner wall of the box, with a filler provided within the offset space.
Huang teaches a battery (see battery pack 100, [0043], FIG. 1), comprising: at least two first battery cells (see batteries 411, [0054], FIG. 3, 4), wherein the battery comprises multiple rows of battery units (see rows of battery cells aligned in the length direction as shown in e.g. FIG. 3), each row of battery units comprises multiple first battery cells (FIG. 3, 4), and multiple rows of battery units are sequentially arranged in the first direction (see width direction as shown in e.g. FIG. 3). Huang teaches the battery further comprising a box (see accommodating box 1, [0047], FIG. 1), the multiple rows of battery units being disposed within the box ([0048], FIG. 3, 4); wherein: the multiple first battery cells in each row of battery units are sequentially arranged in a second direction (see length direction as shown in e.g. FIG. 3), the second direction being parallel to a length direction of the box (FIG. 3, 4). Huang teaches ([0048]) that the box provides protection for the battery cells.
Huang and Golubkov are analogous to the claimed invention as they are in the same field of battery design. 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 battery of Golubkov such that it further comprises a box, the multiple rows of battery units being disposed within the box; wherein: the multiple first battery cells in each row of battery units are sequentially arranged in the second direction, the second direction being parallel to a length direction of the box, as taught by Huang, for the purpose of providing protection for the battery cells.
It can be further understood that because Golubkov discloses wherein an offset space (see space occupied by the spacer 74a, [0051], FIG. 4) is provided between adjacent rows of battery units offset from each other, with a filler provided within the offset space (see spacer 74a, [0051], FIG. 4), the battery of modified Golubkov comprising the box as set forth above will further satisfy the limitation: wherein the offset space is provided between adjacent rows of battery units offset from each other and an inner wall of the box, with the filler provided within the offset space.
Regarding Claim 12, modified Golubkov discloses the battery as set forth above, but does not disclose wherein partition plates are provided within the box to define multiple accommodation chambers; and
wherein:
each accommodation chamber containing at least two rows of battery units offset from each other; and/or
the partition plates are thermally conductively connected to adjacent battery units and to the box.
Huang teaches providing partition plates (see partitioning structure 3, specifically second partitioner 32, [0064], FIG. 3, 4; note that while only one partition plate is shown in FIG. 3, [0068] discloses the number of partition plates can also be at least two); within the box to define multiple accommodation chambers (see accommodating zones 1a, [0064], FIG. 3, 4); and wherein: each accommodation chamber contains at least two rows of battery units (FIG. 3, 4). Huang teaches ([0063]) that providing partition plates within the box to define accommodation chambers results in more orderly and convenient placement of the battery cells.
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 battery of modified Golubkov such that partition plates are provided within the box to define multiple accommodation chambers, as taught by Huang, for the purpose of achieving more orderly and convenient placement of the battery cells.
It is noted that provision of multiple partition plates within modified Golubkov, considering that Golubkov discloses four rows of battery units offset from each other (FIG. 4), would result in some of the accommodation chambers containing less than two rows of battery units offset from each other. However, it is noted that Golubkov does not appear to teach away from including larger numbers of rows of battery units in the battery, and indeed discloses other embodiments which comprise e.g. six rows of battery units offset from each other (see e.g. FIG. 6, 7). In addition, duplication of parts is considered to only require ordinary skill in the art and hence is considered an obvious matter of design choice (see MPEP 2144.04.VI.B, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced).
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 battery of modified Golubkov comprising the multiple partition plates as set forth above to increase the number of rows of battery units such that each accommodation chamber contains at least two rows of battery units offset from each other, as duplication of parts is considered to only require ordinary skill in the art and hence is considered an obvious matter of design choice.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Golubkov (EP 3506383 A1) in view of Huang et al. (US 2022/0052415 A1) as applied to Claim 11 above, further in view of Park (KR 2023/0052051 A1; see provided machine translation).
Regarding Claims 13 and 14, modified Golubkov discloses the battery as set forth above, but does not disclose wherein the filler comprises:
a second battery cell, the second battery cell is disposed in the offset space, and the second battery cell is electrically connected to the first battery cell;
a monitor configured to monitor the operating status of each of the first battery cells; or
a thermally conductive filler member thermally conductively connected to the box, the thermally conductive filler member being configured to direct heat from a corresponding first battery cell to the box (Claim 13), and thus further does not disclose wherein:
a volume of the second battery cell is smaller than a volume of the first battery cell;
in the second direction, a sidewall of the second battery cell is flush with an end face of a battery unit in an adjacent row; or
the first battery cell and the second battery cell are electrically connected at least in series, and a chemical system of the second battery cell differs from a chemical system of the first battery cell (Claim 14).
Instead, Golubkov discloses ([0069]) that the filler can absorb heat.
Park teaches a battery (see battery pack, [0032], FIG. 1 and 2), comprising: at least two first battery cells (see main battery (3000), [0032], [0037], FIG. 1–3) disposed in a box (see case (1100), [0036], FIG. 1), and offset spaces (see internal space (IS), [0037], FIG. 1–3) are provided between the plurality of first battery cells (FIG. 1–3), a filler is provided within the offset spaces, and the filler comprises one or more second battery cells (see auxiliary battery (4000), [0032], [0037], [0048], [0066], FIG. 1–3) electrically connected to the first battery cells ([0065], [0134]–[0135]; note that as Park discloses in e.g. [0065] that installation of the one or more second battery cells increases the total capacity of the battery, it can be understood that the one or more second battery cells must necessarily be electrically connected to the plurality of first battery cells to provide this increase in capacity), wherein a volume of one second battery cell is smaller than a volume of one first battery cell ([0066]). Park teaches ([0063]–[0065], [0134]–[0135]) that providing one or more second battery cells as the filler in offset spaces allows for an increase in the electric capacity of the battery without increasing its overall external size.
Park is analogous to the claimed invention as it is in the same field of battery design. 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 battery of modified Golubkov such that the filler comprises one or more second battery cells, the second battery cell(s) are disposed in the offset spaces, and the second battery cell(s) are electrically connected to the first battery cells, and the volume of one second battery cell is smaller than a volume of one first battery cell, as taught by Park, for the purpose of increasing the electric capacity of the battery without increasing its overall external size.
Claims 15–17 are rejected under 35 U.S.C. 103 as being unpatentable over Golubkov (EP 3506383 A1) as applied to Claim 1 above, in view of Huang (US 2022/0052415 A1), further in view of Marchio et al. (US 2012/0177970 A1), and further in view of Han (US 2016/0308186 A1).
Regarding Claims 15–17, Golubkov discloses the battery as set forth above, but does not disclose the battery further comprising:
a thermally conductive reinforcement member and a box, wherein at least two first battery cells are disposed within the box, at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member, and the thermally conductive reinforcement member is thermally conductively connected to the box (Claim 15),
and therefore does not disclose wherein:
the thermally conductive reinforcement member is sandwiched between first battery cells opposite each other in the first direction, and the thermally conductive reinforcement member is thermally conductively connected to the first sidewalls of corresponding first battery cells; or
a cavity configured to buffer stress is provided within the thermally conductive reinforcement member (Claim 16),
and wherein:
the thermally conductive reinforcement member comprises two thermally conductive sidewalls opposite each other, at least one of the thermally conductive sidewalls is thermally conductively connected to the opposite first sidewalls, and a support structure connected to the two thermally conductive sidewalls is provided within the cavity; and
the support structure is formed as a mesh structure, and a heat absorbing material member is filled within the mesh structure (Claim 17).
Huang teaches a battery (see battery pack 100, [0043], FIG. 1), comprising: at least two first battery cells (see batteries 411, [0054], FIG. 3, 4) disposed within a box (see accommodating box 1, [0047], FIG. 1). Huang teaches ([0048]) that the box provides protection for the battery cells.
Huang and Golubkov are analogous to the claimed invention as they are in the same field of battery design. 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 battery of Golubkov such that it further comprises a box, the first battery cells disposed within the box, as taught by Huang, for the purpose of providing protection for the battery cells.
Marchio teaches a battery (see battery module, [0031]; note that annotated FIG. 7 of Marchio relevant to the mapping of Claim 15 is provided below), comprising: at least two first battery cells (see cells, [0031], i.e. cell 100, [0037], FIG. 1, i.e. cells 308, [0057], FIG. 7), wherein each first battery cell is provided with multiple sidewalls (see faces 136, [0039], FIG. 1), the multiple sidewalls comprise a first sidewall, the first sidewall is a sidewall with the largest area of the first battery cell (see face of the first battery cell with the largest area as shown in e.g. FIG. 1, 7), and the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction (FIG. 7). Marchio further teaches a thermally conductive reinforcement member (see combination of cooling chamber defined by the interior walls 224 and 228, [0047], FIG. 2–7, aperture 236, [0047], FIG. 2–7, and phase change cooling member, [0048]; note that [0041] teaches that the modular frame 200, which includes the interior walls 224 and 228 and aperture 236 ([0041], [0049]), is made of a material with high thermal conductivity; note that [0048]–[0049] teaches heat transfer between the first battery cells and the phase change cooling member, i.e. the phase change cooling member is also thermally conductive) and a box (see the first end wall 204, second end wall 208, and side walls 212, [0042], FIG. 2–7), wherein at least two first battery cells are disposed within the box ([0045], [0057], FIG. 7), at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member ([0049], FIG. 7), and the thermally conductive reinforcement member is thermally conductively connected to the box ([0042] teaches that the modular frame 200 which includes the box (and as also set forth above, the thermally conductive reinforcement member) is formed from a material with high thermal conductivity, and [0044] teaches that the thermally conductive reinforcement member and the box are physically connected; as such, it will necessarily be the case that the thermally conductive reinforcement member and the box are thermally conductively connected). Marchio teaches wherein: the thermally conductive reinforcement member is sandwiched between first battery cells opposite each other in the first direction ([0049], FIG. 7), and the thermally conductive reinforcement member is thermally conductively connected to the first sidewalls of corresponding first battery cells ([0049], FIG. 7); and a cavity is provided within the thermally conductive reinforcement member (see cooling chamber, [0047], accessed via the aperture 236, [0047], FIG. 2–7). Marchio further teaches wherein: the thermally conductive reinforcement member comprises two thermally conductive sidewalls opposite each other (see interior walls 224 and 228, [0047], FIG. 2–7), the thermally conductive sidewalls are thermally connected to the opposite first sidewalls ([0049], FIG. 7), and a support structure (see block, [0048]) connected to the two thermally conductive sidewalls is provided within the cavity ([0047]–[0049]); and the support structure is formed as a mesh structure (see mesh (e.g., a carbon based mesh), [0048]), and a heat-absorbing material member is filled within the mesh structure (see wax material where the wax changes phase based on temperature, [0048]). Finally, Marchio teaches that inclusion of the thermally conductive reinforcement member as set forth above cools and maximizes heat transfer away from the first battery cells ([0047]–[0049]), and that regulating the operating temperature of the first battery cells can maximize their lifespan and performance ([0005]).
PNG
media_image3.png
1334
1025
media_image3.png
Greyscale
FIG. 7 of Marchio with annotations added by the examiner relevant to Claims 15–17.
Marchio is analogous to the claimed invention as it is in the same field of battery design. 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 battery of modified Golubkov such that the battery further comprises a thermally conductive reinforcement member, wherein at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member, and the thermally conductive reinforcement member is thermally conductively connected to the box, the thermally conductive reinforcement member is sandwiched between first battery cells opposite each other in the first direction, and the thermally conductive reinforcement member is thermally conductively connected to the first sidewalls of corresponding first battery cells; a cavity is provided within the thermally conductive reinforcement member, the thermally conductive reinforcement member comprises two thermally conductive sidewalls opposite each other, the thermally conductive sidewall is thermally conductively connected to the opposite first sidewalls, and a support structure connected to the two thermally conductive sidewalls is provided within the cavity; and the support structure is formed as a mesh structure, and a heat-absorbing material member is filled within the mesh structure, as taught by Marchio, for the purpose of cooling and maximizing heat transfer away from the first battery cells in order to regulate their operating temperature, thus maximizing their lifespan and performance.
It is noted that Marchio and thus modified Golubkov as set forth above do not explicitly disclose wherein the cavity as set forth above is configured to buffer stress.
Han teaches a battery (see battery module 100, [0042], FIG. 1, 2), comprising: at least two first battery cells (see battery cells 10, [0042], FIG. 1–3), wherein each first battery cell is provided with multiple sidewalls (FIG. 3), the multiple sidewalls comprise a first sidewall, the first sidewall is a sidewall with the largest area of the first battery cell (FIG. 3), and the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction (see backward direction Z1, [0042], FIG. 1–3). Han teaches the battery further comprising a thermally conductive reinforcement member (see combination of spacers 50, [0055], multi-layer insulation sheets 55, [0068], FIG. 3) and a box (see combination of upper, lower, side, and end plates 20, 30, 40, and 60, [0042], FIG. 1, 2), wherein at least two first battery cells are disposed within the box ([0042], FIG. 1, 2), and at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member ([0065]–[0066]). Han teaches the thermally conductive reinforcement member is sandwiched between first battery cells opposite each other in the first direction (FIG. 1–3), and the thermally conductive reinforcement member is thermally conductively connected to the first sidewalls of corresponding first battery cells ([0065]–[0066]); and a cavity configured to buffer stress is provided within the thermally conductive reinforcement member (see voids (g) of the multi-layer insulation sheets 55, [0077], FIG. 4–7). Han teaches that excessive pressure between battery cells increases the possibility of safety accidents ([0061]), and that the cavity configured to buffer stress allows for absorbing a compressive force between the first battery cells caused by external pressure or swelling ([0081]).
Han is analogous to the claimed invention as it is in the same field of battery design. 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 battery of modified Golubkov such that the cavity is configured to buffer stress, as taught by Han, for the purpose of absorbing a compressive force between the first battery cells caused by external pressure or swelling, to avoid increasing the possibility of safety accidents.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Note for the following double patenting rejections: in situations where referenced
claims have branching dependencies, it would have been obvious to a person of
ordinary skill in the art to incorporate the subject matter of a reference claim into the
subject matter of another reference claim, considering that they are present in the same
reference application).
Claims 1–3, 6, 7, 11, 15–17, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7, 9, 10, 12, 14, and 15 of copending Application No. 19/212,746 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant Claim 1, 19/212,746 claims a battery, comprising: at least two first battery cells, wherein each first battery cell is provided with multiple sidewalls, the multiple sidewalls comprise a first sidewall, the first sidewall with the largest area of the first battery cell (reference claim 1; note that while 19/212/746 does not explicitly claim that each first battery cell is provided with multiple sidewalls, a person of ordinary skill in the art will understand that this will necessarily be the case), the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction (reference claims 1 and 2) and arranged offset from each other in a second direction (reference claim 14), the first direction and the second direction are perpendicularly arranged (reference claim 1), and the first direction is perpendicular to the first sidewall (reference claims 1 and 14).
Regarding instant Claim 2, 19/212,746 claims wherein at least two first sidewalls offset from each other are thermally conductively connected (reference claim 2).
Regarding instant Claim 3, 19/212,746 claims wherein a thermally conductive adhesive layer is provided between at least two of the first sidewalls offset from each other (reference claims 2 and 12).
Regarding instant Claim 6, 19/212,746 claims wherein the battery comprises multiple rows of battery units, each row of battery units comprises multiple first battery cells, multiple rows of battery units are sequentially arranged in the first direction (reference claim 1), and the first sidewalls opposite each other in the first direction in at least two adjacent rows of the battery units are arranged offset from each other (reference claims 2 and 14).
Regarding instant Claim 7, 19/212,746 claims wherein: the first sidewalls opposite each other in any two adjacent rows of battery units are arranged offset from each other (reference claims 2 and 14).
Regarding instant Claim 11, 19/212,749 claims the battery further comprising: a box, the multiple rows of battery units being disposed within the box (reference claim 9); wherein: the multiple first battery cells in each row of battery units are sequentially arranged in the second direction (reference claim 1), the second direction being parallel to a length direction of the box (reference claim 9; note that any direction can be understood to be the length direction of the box); and an offset space is provided between adjacent rows of battery units offset from each other and an inner wall of the box, with a filler provided within the offset space (reference claims 9 and 14; note that this combination will necessarily result in the offset space; note that as instant Claim 11 does not specify the identity of the filler, it can be understood that anything can be the filler and satisfy the limitation).
Regarding instant Claim 15, 19/212,746 claims the battery further comprising: a thermally conductive reinforcement member (reference claim 1) and a box, wherein at least two first battery cells are disposed within the box (reference claim 9), at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member (reference claim 1), and the thermally conductive reinforcement member is thermally conductively connected to the box (reference claim 9).
Regarding instant Claim 16, 19/212,746 claims wherein: the thermally conductive reinforcement member is sandwiched between first battery cells opposite each other in the first direction (reference claims 1 and 2); and a cavity configured to buffer stress is provided within the thermally conductive reinforcement member (reference claim 3).
Regarding instant Claim 17, 19/212,746 claims wherein: the thermally conductive reinforcement member comprises two thermally conductive sidewalls opposite each other, the thermally conductive sidewall is thermally conductively connected to the opposite first sidewalls (reference claims 2 and 4), and a support structure connected to the two thermally conductive sidewalls is provided within the cavity (reference claim 4); and the support structure is formed as a mesh structure (reference claims 5 and 6), and a heat-absorbing material member is filled within the mesh structure (reference claim 7).
Regarding instant Claim 20, 19/212,746 claims an electric apparatus, comprising the battery according to claim 1 (reference claim 15), wherein the battery is configured to provide electrical energy (note that while 19/212/746 does not explicitly claim that the battery is configured to provide electrical energy, a person of ordinary skill in the art will understand that this will necessarily be the case).
Claims 4, 5, and 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7, 9, 10, 12, 14, and 15 of copending Application No. 19/212,746 (reference application) as applied to Claims 1 and 6 above, in view of Golubkov (EP 3506383 A1).
Regarding instant Claims 4 and 5, 19/212,746 does not claim wherein, in the second direction, an overlapping area of an overlapping portion between two first battery cells offset from each other is denoted as L1, an area of the first sidewall is denoted as L2, and a ratio of L1 to L2 ranges from 2/9 to 7/9, or more narrowly wherein the ratio of L1 to L2 ranges from 5/13 to 8/13.
Golubkov teaches a battery as set forth in the 35 U.S.C. 103 rejection of record above. Golubkov teaches ([0023]) that when the ratio of L1 to L2 is 1/2, the heat path from a battery cell to adjacent cells of an adjacent row can be split in two equal halves, and thus most uniformly distributed such that a chance of thermal runaway propagation from a failed cell to any adjacent neighboring cell is reduced.
It would therefore have been obvious to modify the battery of 19/212,746 such that the ratio of L1 to L2 is 1/2, as taught by Golubkov, for the purpose of most uniformly distributing the heat path from a battery cell to adjacent cells of an adjacent row such that a chance of thermal runaway propagation from a failed cell to any adjacent neighboring cell is reduced.
19/212,746 does not claim the limitations of instant Claim 8. However, Golubkov teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,746 in light of the teachings of Golubkov, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,746.
Claims 9 and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7, 9, 10, 12, 14, and 15 of copending Application No. 19/212,746 (reference application) in view of Golubkov (EP 3506383 A1) as applied to Claim 8 above, further in view of Ma et al. (CN 20789661 U; see provided machine translation).
Modified 19/212,746 does not claim the limitations of instant Claims 9 and 10. However, Ma teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of modified 19/212,746 in light of the teachings of Ma, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,746.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7, 9, 10, 12, 14, and 15 of copending Application No. 19/212,746 (reference application) as applied to Claim 11 above, in view of Huang (US 2022/0052415 A1).
19/212,746 does not claim the limitations of instant Claim 12. However, Huang teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,746 in light of the teachings of Huang, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,746.
Claims 13 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7, 9, 10, 12, 14, and 15 of copending Application No. 19/212,746 (reference application) as applied to Claim 11 above, in view of Park (KR 2023/0052051 A1; see provided machine translation).
19/212,746 does not claim the limitations of instant Claims 13 and 14. However, Ma teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,746 in light of the teachings of Park, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,746.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
***
Claims 1, 2, 6, 7, 11, 13, 15, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant Claim 1, 19/212,755 claims a battery, comprising: at least two first battery cells, wherein each first battery cell is provided with multiple sidewalls, the multiple sidewalls comprise a first sidewall, the first sidewall with the largest area of the first battery cell, the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction and arranged offset from each other in a second direction, the first direction and the second direction are perpendicularly arranged, and the first direction is perpendicular to the first sidewall (reference claim 1; note that while 19/212,755 does not explicitly claim that the first and second direction are perpendicularly arranged, one of ordinary skill in the art will understand that this will be the case when the first battery cells have a typical prismatic shape; note that while 19/212,755 does not explicitly claim that the first direction (this being the second direction in 19/212,755) is perpendicular to the first sidewall, this will necessarily be the case considering in light of the first and second directions being perpendicularly arranged as noted above).
Regarding instant Claim 2, 19/212,755 claims wherein at least two first sidewalls offset from each other are thermally conductively connected (reference claim 1; note that while 19/212,755 does not explicitly claim that the first sidewalls offset from each other are thermally conductively connected, this will necessarily be the case in such adjacently arranged battery cells).
Regarding instant Claim 6, 19/212,755 claims wherein the battery comprises multiple rows of battery units, each row of battery units comprises multiple first battery cells, multiple rows of battery units are sequentially arranged in the first direction, and the first sidewalls opposite each other in the first direction in at least two adjacent rows of the battery units are arranged offset from each other (reference claim 1).
Regarding instant Claim 7, 19/212,755 claims wherein: each first battery cell comprises a second sidewall connected to the first sidewall, each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall and at least one second sidewall (reference claim 1; note that while 19/212,755 does not explicitly claim each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall and at least one second sidewall, this will necessarily be the case in such adjacently arranged rows of battery units), and the first sidewalls opposite each other in any two adjacent rows of battery units are arranged offset from each other (reference claim 1).
Regarding instant Claim 11, 19/212,755 claims the battery further comprising: a box, the multiple rows of battery units being disposed within the box; wherein: the multiple first battery cells in each row of battery units are sequentially arranged in the second direction, the second direction being parallel to a length direction of the box (reference claim 1; note that any direction can be understood to be the length direction of the box); and an offset space is provided between adjacent rows of battery units offset from each other and an inner wall of the box, with a filler provided within the offset space (reference claims 1 and 9).
Regarding instant Claim 13, 19/212,755 claims wherein the filler comprises: a thermally conductive filler member thermally conductively connected to the box, the thermally conductive filler member being configured to direct heat from a corresponding first battery cell to the box (reference claims 1, 2, and 9).
Regarding instant Claim 15, 19/212,755 claims the battery further comprising: a thermally conductive reinforcement member and a box, wherein at least two first battery cells are disposed within the box, at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member, and the thermally conductive reinforcement member is thermally conductively connected to the box (reference claims 1 and 2).
Regarding instant Claim 20, 19/212,755 claims an electric apparatus, comprising the battery according to claim 1, wherein the battery is configured to provide electrical energy (reference claim 11).
Claim 3 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application) as applied to Claim 2 above, in view of Wünsche (EP 2442382 A1; see provided machine translation).
19/212,755 does not claim the limitations of instant Claim 3. However, Wünsche teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,755 in light of the teachings of Wünsche, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,755.
Claims 4, 5, and 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application) as applied to Claims 1 and 6 above, in view of Golubkov (EP 3506383 A1).
Regarding instant Claims 4 and 5, 19/212,755 does not claim wherein, in the second direction, an overlapping area of an overlapping portion between two first battery cells offset from each other is denoted as L1, an area of the first sidewall is denoted as L2, and a ratio of L1 to L2 ranges from 2/9 to 7/9, or more narrowly wherein the ratio of L1 to L2 ranges from 5/13 to 8/13.
Golubkov teaches a battery as set forth in the 35 U.S.C. 103 rejection of record above. Golubkov teaches ([0023]) that when the ratio of L1 to L2 is 1/2, the heat path from a battery cell to adjacent cells of an adjacent row can be split in two equal halves, and thus most uniformly distributed such that a chance of thermal runaway propagation from a failed cell to any adjacent neighboring cell is reduced.
It would therefore have been obvious to modify the battery of 19/212,755 such that the ratio of L1 to L2 is 1/2, as taught by Golubkov, for the purpose of most uniformly distributing the heat path from a battery cell to adjacent cells of an adjacent row such that a chance of thermal runaway propagation from a failed cell to any adjacent neighboring cell is reduced.
19/212,755 does not claim the limitations of instant Claim 8. However, Golubkov teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,755 in light of the teachings of Golubkov, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,755.
Claims 9 and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application) in view of Golubkov (EP 3506383 A1) as applied to Claim 8 above, further in view of Ma et al. (CN 20789661 U; see provided machine translation).
Modified 19/212,755 does not claim the limitations of instant Claims 9 and 10. However, Ma teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of modified 19/212,755 in light of the teachings of Ma, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,755.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application) as applied to Claim 11 above, in view of Huang (US 2022/0052415 A1).
19/212,755 does not claim the limitations of instant Claim 12. However, Huang teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,755 in light of the teachings of Huang, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,755.
Claims 16 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 11 of copending Application No. 19/212,755 (reference application) as applied to Claim 15 above, in view of Marchio et al. (US 2012/0177970 A1), and further in view of Han (US 2016/0308186 A1).
19/212,755 does not claim the limitations of instant Claims 16 and 17. However, Marchio and Han teach the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/212,755 in light of the teachings of Marchio and Han, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/212,755.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
***
Claims 1, 2, 6–11, 13, 15, 16, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant Claim 1, 19/289,084 claims a battery, comprising: at least two first battery cells, wherein each first battery cell is provided with multiple sidewalls, the multiple sidewalls comprise a first sidewall, the first sidewall is a sidewall with the largest area of the first battery cell, the first sidewalls of at least two first battery cells are arranged opposite each other in a first direction and arranged offset from each other in a second direction, the first direction and the second direction are perpendicularly arranged, and the first direction is perpendicular to the first sidewall (reference claim 1; note that while 19/289,084 does not explicitly disclose wherein the first direction and the second direction are perpendicularly arranged, and the first direction is perpendicular to the first sidewall, this will necessarily be the case in order for the last limitation of reference claim 1, i.e. the second side wall of one of the first battery cells disposed in an intersected manner is parallel to the first side wall of the other first battery cell, to be satisfied).
Regarding instant Claim 2, 19/289,084 claims wherein at least two first sidewalls offset from each other are thermally conductively connected (reference claim 1; note that while 19/289,084 does not explicitly claim that the first sidewalls offset from each other are thermally conductively connected, this will necessarily be the case in the battery cells arranged as in 19/289,084).
Regarding instant Claim 6, 19/289,084 claims wherein the battery comprises multiple rows of battery units, each row of battery units comprises multiple first battery cells, multiple rows of battery units are sequentially arranged in the first direction, and the first sidewalls opposite each other in the first direction in at least two adjacent rows of the battery units are arranged offset from each other (reference claim 1).
Regarding instant Claim 7, 19/289,084 claims wherein: each first battery cell comprises a second sidewall connected to the first sidewall, each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall and at least one second sidewall (reference claims 1 and 4; note that while 19/289,084 does not explicitly claim each first battery cell being thermally conductively connected to an adjacent first battery cell through at least one first sidewall, this will necessarily be the case in such adjacently arranged rows of first battery units); the first sidewalls opposite each other in any two adjacent rows of battery units are arranged offset from each other (reference claim 1); and first battery cells offset from each other in adjacent rows are electrically connected through a busbar (reference claim 5).
Regarding instant Claim 8, 19/289,084 claims wherein: first battery cells offset from each other in adjacent rows are electrically connected through a busbar (reference claim 5); and the busbar comprises a transition portion and two electrical connection portions, two ends of the transition portion are connected to the two electrical connection portions respectively, an extension direction of the transition portion forms an angle with both the first direction and the second direction, and the two electrical connection portions are electrically connected to two first battery cells respectively (reference claims 5 and 6).
Regarding instant Claim 9, 19/289,084 claims wherein: the transition portion is provided with a stretchable and deformable buffer portion (reference claim 7) or a reinforcement member made of conductive material (reference claim 10); or a stretchable and deformable buffer portion is connected between each electrical connection portion and the transition portion (reference claim 8).
Regarding instant Claim 10, 19/289,084 claims wherein: the transition portion is provided within a buffer portion that comprises a bent portion having at least an opening (reference claim 9); or the transition portion is provided with a reinforcement member made of conductive material and arranged in a stacked manner (reference claims 10 and 11).
Regarding instant Claim 11, 19/289,084 claims the battery further comprising: a box, the multiple rows of battery units being disposed within the box (reference claim 12); wherein: the multiple first battery cells in each row of battery units are sequentially arranged in the second direction, the second direction being parallel to a length direction of the box (reference claim 12; note that any direction can be understood to be the length direction of the box); and an offset space is provided between adjacent rows of battery units offset from each other and an inner wall of the box, with a filler provided within the offset space (reference claim 12).
Regarding instant Claim 13, 19/289,084 claims wherein the filler comprises: a second battery cell, the second battery cell is disposed in the offset space, and the second battery cell is electrically connected to the first battery cell (reference claim 15);
a monitor configured to monitor the operates status of each of the first battery cells (reference claim 14); or
a thermally conductive filler member thermally conductively connected to the box, the thermally conductive filler member being configured to direct heat from a corresponding first battery cell to the box (reference claim 13).
Regarding instant Claim 15, 19/289,084 claims the battery further comprising: a thermally conductive reinforcement member (reference claim 20) and a box, wherein at least two first battery cells are disposed within the box (reference claim 12), at least one first battery cell is thermally conductively connected to the thermally conductive reinforcement member (reference claim 20), and the thermally conductive reinforcement member is thermally conductively connected to the box (reference claim 20).
Regarding instant Claim 16, 19/289,084 claims wherein: a cavity configured to buffer stress is provided within the thermally conductive reinforcement member (reference claim 21).
Regarding instant Claim 20, 19/289,084 claims an electric apparatus, comprising the battery according to claim 1, wherein the battery is configured to provide electrical energy (reference claim 18).
Claim 3 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application) as applied to Claim 2 above, in view of Wünsche (EP 2442382 A1; see provided machine translation).
19/289,084 does not claim the limitations of instant Claim 3. However, Wünsche teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/289,084 in light of the teachings of Wünsche, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/289,084.
Claims 4 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application) as applied to Claim 1 above, in view of Golubkov (EP 3506383 A1).
Regarding instant Claims 4 and 5, 19/289,084 does not claim wherein, in the second direction, an overlapping area of an overlapping portion between two first battery cells offset from each other is denoted as L1, an area of the first sidewall is denoted as L2, and a ratio of L1 to L2 ranges from 2/9 to 7/9, or more narrowly wherein the ratio of L1 to L2 ranges from 5/13 to 8/13.
Golubkov teaches a battery as set forth in the 35 U.S.C. 103 rejection of record above. Golubkov teaches ([0023]) that when the ratio of L1 to L2 is 1/10 to 9/10, a superior heat distribution over prior art can be achieved.
It would therefore have been obvious to modify the battery of 19/289,084 such that the ratio of L1 to L2 is 1/10 to 9/10, as taught by Golubkov, for the purpose of achieving superior heat distribution over prior art.
When the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I). It would therefore have been obvious to a person of ordinary skill in the art to select the overlapping portions of the ranges for the ratio of L1 to L2 with a reasonable expectation that such selection would successfully result in a battery with superior heat distribution over the prior art.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application) as applied to Claim 11 above, in view of Huang (US 2022/0052415 A1).
19/289,084 does not claim the limitations of instant Claim 12. However, Huang teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/289,084 in light of the teachings of Huang, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/289,084.
Claim 14 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application) as applied to Claim 11 above, in view of Park (KR 2023/0052051 A1; see provided machine translation).
19/289,084 does not claim the limitations of instant Claim 14. However, Park teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/289,084 in light of the teachings of Park, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/289,084.
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4–15, 18, 20, and 21 of copending Application No. 19/289,084 (reference application) as applied to Claim 16 above, in view of Marchio et al. (US 2012/0177970 A1).
19/289,084 does not claim the limitations of instant Claim 17. However, Marchio teaches the limitations as set forth in the 35 U.S.C. 103 rejection of record above.
It would have been obvious to a person of ordinary skill in the art to modify the battery of 19/289,084 in light of the teachings of Marchio, as such configurations are known in the art and therefore a person of ordinary skill in the art would have a reasonable expectation that such could successfully be applied to the battery of 19/289,084.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights