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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/06/2026 has been entered.
Response to Amendment
In response to applicant’s amendment, received 05/06/2025, the following objections and rejections have been withdrawn from the previous office action:
Objections to the claims
35 U.S.C. 103 rejections of claims 1-20
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6-11, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20250023207A1, hereafter Wansong, in view of Published Application US20160155995A1, hereafter Takahata, and further in view of Published Application US20230170585A1, hereafter Yanase.
Regarding claim 1, Wansong discloses a battery cell (100), a housing (110) thereof having a volume of 4000 cm3 (Fig 19, thickness at ends is thickness of casing wall 111 + thickness of 161b + thickness of 141b; [0095] 161b and 162b are each 0.3-1.5 mm thickness; [0141] 141a and 142a are each 0.6-2 mm thickness; [0134] 0.2-0.5 thickness of lower casing and sixth plate member; [0007] 0.95≤L1/L≤0.99; 4 mm at end, 8 mm difference between full length and inside length, so if L1/L = 0.99, and L = L1 + 8mm; L1/(L1+7)=0.99; L1=0.99(L1+8); L1=0.99L1+7.92; L1-0.99L1=7.92; 0.01L1=7.92; L1=792, so L = 800; [0145] 0.92≤H1/H≤0.98; H1+1=H; H1/(H1+1)=0.98; 0.98H1+0.98=H1; 0.02H1=0.98; H1=49; H=50; [0145] 0.93≤D1/D≤0.99; D1+1=D; D1/(D1+1)=0.99; D1=99; D=100; L*H*D=4000cm3), the housing (110) being a right parallelepiped (Fig 18), the housing (110) comprising a housing body ([0098] lower casing) and an end cap (116), the housing body comprising an opening ([0098] open end of lower casing), the end cap (116) covering the opening ([0098] sixth plate member 116 closes open end of lower casing), the end cap (116) being welded to the housing body ([0148] connected by welding), the housing body comprising a first wall (111), a second wall (112), a third wall (113), a fourth wall (114), and a fifth wall (115) integrally formed ([0150]), the first wall (111) and the second wall (112) being disposed opposite each other along a first direction (Fig 18, [0149] length direction), the third wall (113) and the fourth wall (114) being disposed opposite each other along a second direction (Fig 18, [0149] width direction), the fifth wall (115) and the end cap (116) being disposed opposite each other along a third direction (Fig 18, [0150] thickness direction), and the first direction, the second direction, and the third direction being mutually perpendicular (Fig 18), wherein the battery cell (100) comprises:
an electrode terminal (131) disposed on the first wall (111) and a second electrode terminal disposed on the second wall (112) (Fig 6);
at least one electrode assembly (120), wherein the electrode assembly (120) is accommodated within the housing (110) (Fig 15), the electrode assembly (120) comprising a body and a tab ([0074] positive electrode tab of electrode core 120) extending from the body, and the tab being electrically connected to the electrode terminal (131) ([0074] tab connected to pole); and
an electrolyte ([0167] electrolytic solution), wherein the electrolyte is accommodated within the housing ([0167] electrolytic solution is injected into battery case 110);
wherein a size of the housing (110) in the first direction is denoted as W1 (L=800 mm, as per above), a size of the housing in the second direction is denoted as T1 (H=50 mm, as per above), a size of the housing in the third direction is denoted as H1 (D=100, as per above), a sum of thicknesses of the first wall and the second wall is denoted as a (1.0 mm, as per above), a sum of thicknesses of the third wall and the fourth wall is denoted as b (1.0 mm, as per above), and a sum of thicknesses of the fifth wall and the end cap is denoted as c (1.0 mm, as per above), satisfying: (W1-a)*(T1-b)*(H1-c)/(W1*T1*H1)≥90% ((800-1)*(50-1)*(100-1)/(800*50*100) = 97% ≥ 90%), the thickness of the first wall and the thickness of the second wall are both denoted as a1, the thickness of the third wall and the thickness of the fourth wall are both denoted as b1, the thickness of the fifth wall is denoted as c1, and the thickness of the end cap is denoted as c2, satisfying: 0.5 mm≤a1≤1.5 mm ([0134] 0.5 mm), and 0.5 mm≤b1≤1.5 mm ([0134] 0.5 mm),
wherein the at least one electrode assembly (120) is provided, a maximum size of the body (120) in the first direction is denoted as W2, a maximum size of the body in the second direction is denoted as T2, and a maximum size of the body in the third direction is denoted as H2, satisfying: (W2*T2*H2)/(W1*T1*H1)≥96% ([0144] distance from electrode core 120 to electrode connecting sheets 141a and 142a ranges from 2 to 12 mm; (792-(2*2) = 788 = W2; per Fig 8, no space appears to be present between the electrode core 120 and the other sides (113, 114, 115, 116); (788*49*99)/800*50*100 = 96%).
Wansong is silent on wherein the at least one electrode assembly comprises a plurality of electrode assemblies stacked along the second direction.
In the analogous art of batteries, Takahata discloses wherein the electrode assembly (40) is a flat wound structure (Fig 3 wound electrode body 40).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use the form of a flat wound electrode assembly as disclosed by Takahata because utilizing a known technique (in this case a flat wound electrode assembly) as disclosed by Takahata to form another known electrode assembly is well within the ambit of one of ordinary skill in the art (MPEP 2143 (I) (C)).
In the analogous art of batteries, Yanase discloses wherein the at least one electrode assembly comprises a plurality of electrode assemblies (20a,20b,20c) stacked along the second direction (Fig 3, [0035] stacked flat wound electrode bodies 20a, 20b, 20c).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use multiple electrode bodies instead of one as disclosed by Yanase in order to increase the energy density of the battery, since fewer, smaller flat wound electrode assemblies will necessarily fill more internal space than one single, larger wound electrode assembly.
Wansong does not disclose 120 mm ≤ H1 ≤ 400 mm.
As the volume of the battery housing is/are variable(s) that can be modified, among others, by adjusting the height of the housing, with the volume of the battery housing increasing as the height of the housing is increased, the height of the battery housing would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the battery housing H1 cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the height of the battery housing in the invention of Wansong such as to 200 mm, to obtain the desired volume of the housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Wansong does not disclose that the electrode terminal is disposed on the 5th wall or the end cap. However, the examiner notes that it is well-known to place the terminals of the battery cell on various sides of the housing, such as on the endcap/cover, and Wansong further discloses the second terminal (132a) on the opposite side to the first terminal (131a) (Figs 19, 20).
Takahata discloses wherein an electrode terminal (23) is disposed on the end cap (Fig 1, sealing plate 22).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Wansong to select a different known arrangement of the electrode body and associated terminal such as on the endcap in Takahata as stated above while retaining the opposing second terminal on the fifth wall opposite to the first terminal as a another known method of positioning the terminal (MPEP 2143 (I) (C)).
Wansong is silent on wherein 1.0 mm≤c1≤2.5 mm, and 1.5 mm≤c2≤4 mm.
As the internal volume and mechanical strength of the battery housing is/are variable(s) that can be modified, among others, by adjusting the thicknesses of the 5th wall and the endcap, with the internal volume of the battery housing decreasing and the mechanical strength of the battery housing increasing as the thicknesses of the 5th wall and the endcap are increased, the thicknesses of the 5th wall and the endcap would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed thickness c1 of the 5th wall and thickness of the endcap cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the thicknesses c1 and c2 in the invention of Wansong to for example 2.5 mm and 4 mm, respectively, in order to obtain the desired balance between internal volume of the housing and mechanical strengths of the fifth wall and endcap (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 2, modified Wansong further discloses wherein (W1-a)*(T1-b)*(H1-c)/(W1*T1*H1) ≥ 92% ((800-1)*(50-1)*(200-6.5)/(800*50*200) = 95% ≥ 92%).
Regarding claim 3, modified Wansong further discloses wherein (W1-a)/W1≥97.0% (799/800 = 99.9%), (T1-b)/T1≥96.5% (49/50 = 98.0%), and (H1-c)/H1≥96.5% (193.5/200 = 96.75%).
Regarding claim 4, Wansong discloses wherein the battery cell further comprises a first insulating member (161b) and a second insulating member (162b), the first insulating member (161b) being disposed between the first wall (111) and the electrode assembly and abutting against the first wall (111), and the second insulating member (162b) being disposed between the second wall and the electrode assembly (120) and abutting against the second wall (112); wherein
a maximum size of the first insulating member (161b) in the third direction is denoted as d1, and a maximum size of the second insulating member (162b) in the third direction is denoted as d2, satisfying: (W1-a-1.6 mm)*(T1-b-1.6 mm)*(H1-c-d1-d2)/(W1*T1*H1)≥88% ((797.4*47.4*(200-6.5-1.5-1.5))/(800*50*200) = 90%≥88%), 0.3 mm≤d1≤1.5 mm ([0095]) (which overlaps with the claimed range of 0.3 mm≤d1≤1.2 mm – in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05 (I)), and d2=1.5mm (as per above).
Wansong is silent on wherein the first insulating member is disposed between the fifth wall and the electrode assembly and abutting against the fifth wall and wherein the second insulating member is disposed between the endcap and the electrode assembly and abutting against the endcap.
However, since Wansong disclosed the insulating members 161b and 162b to be between their respective terminals and the electrode assembly (Fig 19, Fig 20, Fig 15), one skilled in the art would have understood the need and found it obvious, since Wansong has been modified to move a terminal to an endcap, to move the respective insulating members as well according to the terminal placement in order for these insulating members to continue providing their insulating function.
Modified Wansong is silent on satisfying: 2 mm≤d2≤10 mm.
As the internal volume between the walls of the battery housing is/are variable(s) that can be modified, among others, by adjusting the maximum size of the second insulating member in the third direction, with the internal volume decreasing as the maximum size of the second insulating member in the third direction is increased, the maximum size of the second insulating member in the third direction would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed maximum size of the second insulating member in the third direction cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the maximum size of the second insulating member in the third direction in the invention of Wansong to obtain the desired internal volume between the walls of the battery housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 6, modified Wansong further discloses wherein W1*T1*H1≤40000 cm3 (as per above, 800*50*200=8000cm3).
Regarding claim 7, modified Wansong is silent on wherein 9500 cm3≤W1*T1*H1≤32000 cm3. However, since the height of the battery would have been regarded as a result effective variable by one of ordinary skill in the art, as stated above for claim 1, one of ordinary skill could have easily have selected a larger height, such as 250 mm, in order to provide a larger desired volume, as a result of routine optimization, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). As a result of this modification, the volume would be 10000cm3.
Regarding claim 8, modified Wansong further discloses wherein 3720 cm3≤W1*T1*H1≤12500 cm3 (as per above, 800*50*200=8000cm3).
Regarding claim 9, modified Wansong is silent on wherein 4000 cm3≤W1*T1*H1≤6000 cm3.
However, since the height of the battery would have been regarded as a result effective variable by one of ordinary skill in the art, as stated above for claim 1, one of ordinary skill could have easily have selected a smaller height, such as 120 mm, in order to provide a smaller desired volume, as a result of routine optimization, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). As a result of this modification, the volume would be 4800cm3.
Regarding claim 10, Wansong further discloses wherein the body (120) is a flat body (Fig 8); and wherein one electrode assembly (120) is provided, a maximum size of the body (120) in the first direction is denoted as W2, a maximum size of the body in the second direction is denoted as T2, and a maximum size of the body in the third direction is denoted as H2, satisfying: (W2*T2*H2)/(W1*T1*H1)≥80% ([0144] distance from electrode core 120 to electrode connecting sheets 141a and 142a ranges from 2 to 12 mm; (792-(2*2) = 788 = W2; per Fig 8, no space appears to be present between the electrode core 120 and the other sides (113, 114, 115, 116); (788*49*99)/800*50*100 = 95.6%).
Regarding claim 11, Wansong further discloses wherein (W2/(W1-a)≥97.0% (788/799 = 98.6%), T2/(T1-b)≥96.5% (49/49 = 100.0%), and H2/(H1-c) ≥96.5% (99/99 = 100.0%).
Regarding claim 14, modified Wansong discloses wherein the thickness of the first wall and the thickness of the second wall are both denoted as a1 ([0134] 0.5 mm), the thickness of the third wall and the thickness of the fourth wall are both denoted as b1 ([0134] 0.5 mm), the thickness of the fifth wall is denoted as c1 (4 mm, since the location of the terminal was modified as stated above for claim 1), and the thickness of the end cap is denoted as c2 (4 mm, since the location of the terminal was modified as stated above for claim 1), a1 ([0134] 0.5 mm), b1 ([0134] 0.5 mm), c1 (2.5 mm, as per rejection of claim 1), and c2 (4 mm, as per rejection of claim 1) satisfy: c2>c1, c1>a1, and c1>b1.
Regarding claim 15, modified Wansong further discloses wherein 0.5 mm≤a1≤1.5 mm ([0134] 0.5 mm), 0.8 mm≤b1≤1.5 mm ([0134] 0.5 mm), 1.0 mm≤c1≤2.5 mm (2.5 mm, per rejection of claim 1), and 1.5 mm≤c2≤4 mm (4 mm as per above), wherein 1.2 mm≤c1≤2.5 mm (2.5 mm, per rejection of claim 1), and 2.5 mm≤c2≤4 mm (4 mm as per above); and, wherein (W1-2*a1)*(T1-2*b1)*(H1-c1-c2)/(W1*T1*H1)≥95% ((800-2*0.5)*(50-2*0.5)*(200-2.5-4)/(800*50*200)=95%).
Regarding claim 16, modified Wansong further discloses wherein T1 (D=50 mm as per above)<W1 (L=800 mm as per above), T1 (50 mm) < H1 (200 mm as per above), and 2 ≤ H1/T1 ≤ 10 (200/50=4).
Modified Wansong is silent on wherein 2 ≤ W1/T1 ≤ 10 and 0.7 ≤ W1/H1 ≤ 1.6.
As the volume of the battery housing is/are variable(s) that can be modified, among others, by adjusting the length of the housing, with the volume of the battery housing increasing as the length of the housing is increased, the height of the battery housing would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed length of the battery housing W1 cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the length of the battery housing in the invention of Wansong such as to 300 mm, to obtain the desired volume of the housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
As a result of this modification, modified Wansong discloses 2 ≤ W1/T1 ≤ 10 (300/50 = 6) and 0.7 ≤ W1/H1 ≤ 1.6 (300/200 = 1.5).
Regarding claim 17, Wansong discloses wherein a capacity of the battery is denoted as C, satisfying: C≥350 Ah ([0077] 400 Ah).
Wansong is silent on wherein a positive electrode material of the battery cell comprises lithium-containing phosphate, and C/((W1-a)*(T1-b)*(H1-c)) ≥ 118 Ah/L.
As the volume of the battery housing is/are variable(s) that can be modified, among others, by adjusting the length of the housing in the L direction, with the volume of the battery housing decreasing as the length of the housing in the L direction is decreased, the length of the housing in the L direction would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed length of the housing in the L direction cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the length of the housing in the L direction in the invention of Wansong, for example to 700 mm, to obtain the desired volume of the battery housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). With this modification, 400/((699)*(49)*(99) = 118Ah/L, as claimed.
Takahata discloses wherein a positive electrode material of the battery cell comprises lithium-containing phosphate ([0032] lithium phosphates as positive electrode active material).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select a lithium containing phosphate as the positive electrode material, as disclosed by Takahata, as the selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 18, modified Wansong discloses a battery (100), comprising the battery cell according to claim 1 (see rejection of claim 1).
Regarding claim 19, modified Wansong discloses an electric apparatus ([0180] vehicle using battery pack comprising disclosed battery) comprising the battery according to claim 18 (see rejection of claim 18), wherein the battery (100) is configured to provide electric energy to the electric apparatus (implicit).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US2025023207A1, hereafter Wansong, in view of Published Application US20240039091A1, hereafter Ooka, and further in view of Published Application US20230170585A1, hereafter Yanase.
Regarding claim 5, Wansong discloses a battery cell (100), a housing (110) thereof having a volume of 4000 cm3 (Fig 19, thickness at ends is thickness of casing wall 111 + thickness of 161b + thickness of 141b; [0095] 161b and 162b are each 0.3-1.5 mm thickness; [0141] 141a and 142a are each 0.6-2 mm thickness; [0134] 0.2-0.5 thickness of lower casing and sixth plate member; [0007] 0.95≤L1/L≤0.99; 4 mm at end, 8 mm difference between full length and inside length, so if L1/L = 0.99, and L = L1 + 8mm; L1/(L1+7)=0.99; L1=0.99(L1+8); L1=0.99L1+7.92; L1-0.99L1=7.92; 0.01L1=7.92; L1=792, so L = 800; [0145] 0.92≤H1/H≤0.98; H1+1=H; H1/(H1+1)=0.98; 0.98H1+0.98=H1; 0.02H1=0.98; H1=49; H=50; [0145] 0.93≤D1/D≤0.99; D1+1=D; D1/(D1+1)=0.99; D1=99; D=100; L*H*D=4000cm3), the housing (110) being a right parallelepiped (Fig 18), the housing (110) comprising a housing body ([0098] lower casing) and an end cap (116), the housing body comprising an opening ([0098] open end of lower casing), the end cap (116) covering the opening ([0098] sixth plate member 116 closes open end of lower casing), the end cap (116) being welded to the housing body ([0148] connected by welding), the housing body comprising a first wall (111), a second wall (112), a third wall (113), a fourth wall (114), and a fifth wall (115) integrally formed ([0150]), the first wall (111) and the second wall (112) being disposed opposite each other along a first direction (Fig 18, [0149] length direction), the third wall (113) and the fourth wall (114) being disposed opposite each other along a second direction (Fig 18, [0149] width direction), the fifth wall (115) and the end cap (116) being disposed opposite each other along a third direction (Fig 18, [0150] thickness direction), and the first direction, the second direction, and the third direction being mutually perpendicular (Fig 18), wherein the battery cell (100) comprises:
an electrode terminal (131) disposed on the first wall (111) and a second electrode terminal disposed on the second wall (112) (Fig 6);
at least one electrode assembly (120), wherein the electrode assembly (120) is accommodated within the housing (110) (Fig 15), the electrode assembly (120) comprising a body and a tab ([0074] positive electrode tab of electrode core 120) extending from the body, and the tab being electrically connected to the electrode terminal (131) ([0074] tab connected to pole); and
an electrolyte ([0167] electrolytic solution), wherein the electrolyte is accommodated within the housing ([0167] electrolytic solution is injected into battery case 110);
wherein a size of the housing (110) in the first direction is denoted as W1 (L=800 mm, as per above), a size of the housing in the second direction is denoted as T1 (H=50 mm, as per above), a size of the housing in the third direction is denoted as H1 (D=100, as per above), a sum of thicknesses of the first wall and the second wall is denoted as a (1.0 mm, as per above), a sum of thicknesses of the third wall and the fourth wall is denoted as b (1.0 mm, as per above), and a sum of thicknesses of the fifth wall and the sixth wall is denoted as c (1.0 mm, as per above), satisfying: (W1-a)*(T1-b)*(H1-c)/(W1*T1*H1)≥90% ((800-1)*(50-1)*(100-1)/(800*50*100) = 97% ≥ 90%), the thickness of the first wall and the thickness of the second wall are both denoted as a1, the thickness of the third wall and the thickness of the fourth wall are both denoted as b1, the thickness of the fifth wall is denoted as c1, and the thickness of the sixth wall is denoted as c2, satisfying: 0.5 mm≤a1≤1.5 mm ([0134] 0.5 mm), and 0.5 mm≤b1≤1.5 mm ([0134] 0.5 mm),
wherein the battery cell further comprises a third insulating member (161b) and a fourth insulating member (162b), the third insulating member (161b) being disposed between the first wall (111) and the electrode assembly and abutting against the first wall (111), and the fourth insulating member (162b) being disposed between the second wall and the electrode assembly (120) and abutting against the second wall (112); wherein
a maximum size of the third insulating member (161b) in the third direction is denoted as d3, and a maximum size of the fourth insulating member (162b) in the third direction is denoted as d4, satisfying: d3 = 1.5 mm ([0095]) and d4=1.5mm ([0095]),
wherein the at least one electrode assembly (120) is provided, a maximum size of the body (120) in the first direction is denoted as W2, a maximum size of the body in the second direction is denoted as T2, and a maximum size of the body in the third direction is denoted as H2, satisfying: (W2*T2*H2)/(W1*T1*H1)≥96% ([0144] distance from electrode core 120 to electrode connecting sheets 141a and 142a ranges from 2 to 12 mm; (792-(2*2) = 788 = W2; per Fig 8, no space appears to be present between the electrode core 120 and the other sides (113, 114, 115, 116); (788*49*99)/800*50*100 = 96%).
Wansong is silent on wherein the at least one electrode assembly comprises a plurality of electrode assemblies stacked along the second direction.
In the analogous art of batteries, Ooka discloses wherein the electrode assembly (40) is a flat wound structure (Fig 11, [0150] wound electrodes/separator).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use the form of a flat wound electrode assembly as disclosed by Ooka because utilizing a known technique (in this case a flat wound electrode assembly) as disclosed by Ooka to form another known electrode assembly is well within the ambit of one of ordinary skill in the art (MPEP 2143 (I) (C)).
In the analogous art of batteries, Yanase discloses wherein the at least one electrode assembly comprises a plurality of electrode assemblies (20a,20b,20c) stacked along the second direction (Fig 3, [0035] stacked flat wound electrode bodies 20a, 20b, 20c).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use multiple electrode bodies instead of one as disclosed by Yanase in order to increase the energy density of the battery, since fewer, smaller flat wound electrode assemblies will necessarily fill more internal space than one single, larger wound electrode assembly.
Wansong does not disclose that the housing has two end caps, that the housing body has two openings covered by each of the end caps, or that each end cap has an electrode terminal disposed thereon. However, the examiner notes that it is well-known to place the terminals of the battery cell on various sides of the housing, such as on the endcaps/covers, and Wansong further discloses the second terminal (132a) on the opposite side to the first terminal (131a) (Figs 19, 20).
Ooka discloses wherein each electrode terminal (110A, 120A) is disposed on each opposing end cap (Fig 3, openings on both ends of housing with endcaps 210A and 220A with terminals).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Wansong to select a different known arrangement of the electrode body and associated terminal such as on two opposing endcaps in Ooka as stated above as a another known method of positioning the terminals and endcaps (MPEP 2143 (I) (C)).
Wansong does not disclose 120 mm ≤ H1 ≤ 400 mm.
As the volume of the battery housing is/are variable(s) that can be modified, among others, by adjusting the height of the housing, with the volume of the battery housing increasing as the height of the housing is increased, the height of the battery housing would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the battery housing H1 cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the height of the battery housing in the invention of Wansong such as to 200 mm, to obtain the desired volume of the housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Modified Wansong discloses (W1-a-4 mm)*(T1-b-4 mm)*(H1-c-d3-d4)/(W1*T1*H1)≥88% ((795*45*(200-1-1.5-1.5))/(800*50*200) = 88%).
Wansong is silent on wherein 1.5 mm≤c1≤2.5 mm, and 1.5 mm≤c2≤4 mm.
As the internal volume and mechanical strength of the battery housing is/are variable(s) that can be modified, among others, by adjusting the thicknesses of the 5th wall and the endcap, with the internal volume of the battery housing decreasing and the mechanical strength of the battery housing increasing as the thicknesses of the 5th wall and the endcap are increased, the thicknesses of the 5th wall and the endcap would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed thickness c1 of the 5th wall and thickness of the endcap cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the thicknesses c1 and c2 in the invention of Wansong to for example 2.5 mm and 4 mm, respectively, in order to obtain the desired balance between internal volume of the housing and mechanical strengths of the fifth wall and endcap (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Modified Wansong discloses wherein c1>a1, and c1>b1 (c1 = 2.5 mm, a1 = 0.5 mm, b1 = 0.5 mm).
Wansong is silent on wherein the third insulating member is disposed between the fifth wall and the electrode assembly and abutting against the fifth wall and wherein the fourth insulating member is disposed between the sixth wall and the electrode assembly and abutting against the endcap.
However, since Wansong disclosed the insulating members 161b and 162b to be between their respective terminals and the electrode assembly (Fig 19, Fig 20, Fig 15), one skilled in the art would have understood the need and found it obvious, since Wansong has been modified to move the terminals to the endcaps, to move the respective insulating members as well according to the terminal placement in order for these insulating members to continue providing their insulating function.
Modified Wansong is silent on satisfying: 2 mm≤d3≤10 mm and 2 mm≤d4≤10 mm.
As the internal volume between the walls of the battery housing is/are variable(s) that can be modified, among others, by adjusting the maximum sizes of the third and fourth insulating members in the third direction, with the internal volume decreasing as the maximum sizes of the third and fourth insulating members in the third direction are increased, the maximum sizes of the third and fourth insulating members in the third direction would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed maximum sizes of the third and fourth insulating members in the third direction cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the maximum sizes of the third and fourth insulating members in the third direction in the invention of Wansong to for example 2 mm to obtain the desired internal volume between the walls of the battery housing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US2025023207A1, hereafter Wansong, in view of Published Application US20160155995A1, hereafter Takahata, further in view of Published Application US20230170585A1, hereafter Yanase, as stated above for claim 1, and further in view of Published Application US20230112577A1, hereafter Sekiguchi.
Regarding claim 12, modified Wansong discloses wherein the electrode assembly is a wound structure, and the body comprises a flat region (Takahata Fig 3 wound electrode body 40)
Wansong is silent on wherein the body comprises a flat region, a first bent region, and a second bent region, along the first direction, the first bent region and the second bent region being located at two ends of the flat region, respectively; wherein
the first bent region comprises a plurality of first bent portions arranged in layers, along the first direction, a distance between an inner vertex of an innermost first bent portion and an outer vertex of an outermost first bent portion among the plurality of first bent portions being W3;
the second bent region comprises a plurality of second bent portions arranged in layers, along the first direction, a distance between an inner vertex of an innermost second bent portion and an outer vertex of an outermost second bent portion among the plurality of second bent portions being W4.
Takahata discloses wherein the electrode assembly (40) is a wound structure (Fig 3 wound electrode body 40), and the body (40) comprises a flat region, a first bent region, and a second bent region, along the first direction (L2) (Fig 3, flat wound electrode assembly 40; [0039] pushed and bent flatly), the first bent region and the second bent region being located at two ends of the flat region, respectively (Fig 3); wherein
the first bent region comprises a plurality of first bent portions arranged in layers (Fig 3, top bent portions of layers of wound electrode assembly), along the first direction (L2), a distance between an inner vertex of an innermost first bent portion and an outer vertex of an outermost first bent portion among the plurality of first bent portions being W3; and
the second bent region comprises a plurality of second bent portions arranged in layers (Fig 3, top bent portions of layers of wound electrode assembly), along the first direction (L2), a distance between an inner vertex of an innermost second bent portion and an outer vertex of an outermost second bent portion among the plurality of second bent portions being W4.
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use the form of a flat wound electrode assembly as disclosed by Takahata because utilizing a known technique (in this case a flat wound electrode assembly) as disclosed by Takahata to form another known electrode assembly is well within the ambit of one of ordinary skill in the art (MPEP 2143 (I) (C)).
Wansong is silent on wherein (W3+W4)/W2≤30% is satisfied.
In the analogous art of flat wound electrode assemblies for batteries, Sekiguchi discloses wherein (W3+W4)/W2≤30% is satisfied ([0031] Fig 3, H/T is 20 or less, thus T/H is 1/20 or more = 5%).
As the shape of the electrode assembly is/are variable(s) that can be modified, among others, by adjusting the ratio of the electrode assembly thickness to the length of the electrode assembly in the first direction, with the shape of the electrode assembly becoming thinner or longer as the ratio is decreased and the shape of the electrode assembly becoming thicker or shorter as the ratio of the electrode assembly thickness to the length of the electrode assembly in the first direction is increased, the ratio of the electrode assembly thickness to the length of the electrode assembly in the first direction would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed ratio of the electrode assembly thickness to the length of the electrode assembly in the first direction cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the ratio of the electrode assembly thickness to the length of the electrode assembly in the first direction in the invention of Wansong to obtain the desired shape of the electrode assembly (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 20, modified Wansong discloses an energy storage apparatus ([0178] battery pack) comprising:
an energy storage casing (implicit that the batteries are associated with a pack housing), wherein the energy storage casing has a battery compartment (implicit that the pack is arranged in the associated housing); and
a plurality of battery cells ([0178] battery pack) according to claim 1 (see rejection of claim 1), wherein the plurality of battery cells are disposed within the battery compartment (implicit that the pack is arranged in the associated housing); and, wherein a sum of volumes of the housings of the plurality of battery cells is denoted as V1, and a volume of the battery compartment is denoted as V2.
Modified Wansong is silent on satisfying: 0.5≤V1/V2≤0.95. The examiner notes that the expression, 0.5≤V1/V2≤0.95 means half to 95% of the battery compartment is filled with battery cells.
In the analogous art of secondary batteries, Sekiguchi discloses satisfying wherein 50-95% of the battery compartment (300) is filled with battery cells (100) (Fig 5).
It would have been prima facie obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to fill a battery pack compartment more than halfway with battery cells as disclosed by Sekiguchi, since doing so would increase the capacity of the energy storage casing with each additional cell added above halfway.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US2025023207A1, hereafter Wansong, in view of Published Application US20160155995A1, hereafter Takahata, further in view of Published Application US20230170585A1, hereafter Yanase, as stated above for claim 1, and further in view of Foreign Publication KR20120028257A, hereafter Kobayashi.
Regarding claim 13, Wansong further discloses wherein materials of the first wall (111), the second wall (112), the third wall (113), the fourth wall (114), the fifth wall (115), and the end cap (116) all comprise an aluminum alloy ([0134]).
Wansong is silent on the aluminum alloy comprising components in the following mass percentages: aluminum≥96.7%, 0.05%≤copper≤0.2%, iron≤0.7%, manganese≤1.5%, silicon≤0.6%, zinc≤0.1%, any other single element component≤0.05%, and a total of other element components≤0.15%.
In the analogous art of battery casing materials, Kobayashi discloses the aluminum alloy comprising components in the following mass percentages: aluminum≥96.7% (abstract, balance aluminum), 0.05%≤copper≤0.2% (abstract, 0.05-0.2%), iron≤0.7% (abstract, 0.05-0.7% or less), manganese≤1.5% (abstract, 0.8-1.5%), silicon≤0.6% (abstract, 0.05-0.2%), zinc≤0.1% (abstract, 0.05% or less), any other single element component≤0.05% (abstract, titanium less than 0.04%), and a total of other element components≤0.15% (abstract, titanium less than 0.04%).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Wansong to use the specific aluminum alloy as disclosed by Kobayashi for the aluminum alloy of the battery housing walls as a selection of a material based on its suitability for the intended purpose (MPEP 2144.07).
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.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12555871. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claim contains all limitations of present claim 5 when the second of the two alternative limitations is selected in patent claim 5, with the exception of present claim 5 requiring that (W2*T2*H2)/(W1*T1*H1)≥96%, while patent claim 10 requires (W2*T2*H2)/(W1*T1*H1)≥80%, which encompasses the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/262,145 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the copending claim contains all limitations required by the first alternative embodiment of claim 17, with the limitation on the 8th to last line of the copending claim for "5000 cm3 ≤ W1*T1*H1 ≤ 40000 cm3" overlapping with the "volume greater than or equal to 3000 cm3" of present claim 1, from which present claim 17 depends. .
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed 0 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding amended claims 1 and 5 on page 10 of applicant’s remarks regarding the newly added limitation of the plurality of electrode assemblies, these arguments are rendered moot in view of the new 35 U.S.C. rejection of claims 1 and 5.
In response to applicant’s arguments regarding amended claims 1 and 5 on page 10 of applicant’s remarks that the amended claims are not merely an optimization of a single known housing dimension, the examiner notes, as stated in the previous response to arguments, that Wansong teaches the relationship between volume of the battery, internal volume of the battery casing, the size of the electrode core, and capacity of the battery as a whole ([0003] of Wansong), and thus establishes these properties for the result-effective variable reasoning. Ultimately, improving energy density through improved space utilization therein is the very example of routine optimization of a result-effective variable, which is defined as a variable which achieves a recognized result (MPEP 2144.05 (II) (B)), in this case referring to the relationship between internal and external volume, and energy density.
Conclusion
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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