DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/02/2026 has been entered.
Claim Status
Claims 1, 10 and 18 have been amended; support for the amendment can be found in Fig. 14, 24 and 26 and [00123] of the specification.
Claims 1-20 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 04/02/2026 have been fully considered but they are not persuasive.
Applicant argues that none of the cited references teach the top isolation layer being “between the busbar layer and the sensor layer” as well as the sensor layer including the apertures to expose tabs (pg. 18, para. 2, pg. 19, para. 1 ).
Applicant argues that Harris does not teach a top isolation layer positioned between the busbar layer and the sensor layer as claimed (pg. 19, para. 3) and argues specifically that Fig. 2B of Harris fails to disclose this arrangement (pg. 20, para. 1).’
Applicant argues that the windows in sensing layer 123 of Harris are not specifically configured to expose tabs of the busbar layer. (pg. 21, para. 1).
Applicant’s arguments are not persuasive because a new grounds of rejection has been presented which relies on different embodiments of Harris that collectively teach that a top isolation layer (“overmold material”;[0114]) may be between (“insulate…each other”; [0114]) a bus bar layer (“first layer 121 , second layer 122”; [0114]) and a sensor layer ([0114]), a sensor layer (Fig. 2B; 123) includes an electrically insulative substrate (insulative substrate of “printed circuit board”; [0105]; “IS”), an electrical connector (Fig. 2B; 125; [0105]) coupled to (Fig. 2B; [0105]) the electrically insulative substrate (IS), and an electrical trace (Fig. 2B: 124) electrically coupled to ([0105]) and between (Fig. 2B) the electrical connector (125) and at least one positive electrode (“positive terminal”; [0089]) of a cylindrical battery cell (Fig. 2B; any one of the plurality of cells), and wherein a plurality of apertures (annotated Fig. 2B; W) of the sensor layer (123) extend through (Fig. 2A, 2B) the electrically insulative substrate (IS). The examiner further notes that Harris teaches that the windows of sensing layer 123 in Fig. 3B are configured to exposed the tabs of (153, 163) of a bus bar layer.
Claim Objections
Claim 18 is objected to because of the following informalities:
In claim 18, line 42 “extend toward” should read ---extends toward---.
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite because it is unclear whether the recitation of “a positive electrode of a cylindrical battery cell” in line 66 refers to the previously recited “positive electrode of a cylindrical battery cell” in line 61-62 or to another positive electrode. For examination, the former interpretation is used. Claims 2-9 are rejected based on dependence on claim 1.
Claim 9 is indefinite because it is unclear if the recitation “an electrical trace that is electrically coupled to the positive electrode of the first cylindrical battery cell” refers back to the previously recited “an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell” of claim 1 or to another electrical trace. For examination, the former interpretation is used.
Claim 10 recites the limitation "the first edge portion" in lines 40-41. There is insufficient antecedent basis for this limitation in the claim. For examination, this limitation is interpreted as “the first portion”. Claims 11-17 are rejected for dependence on claim 10.
Claim 10 is indefinite because it is unclear whether the recitation of “a positive electrode of a cylindrical battery cell” in line 55 refers to the previously recited “positive electrode of a cylindrical battery cell” in line 50-51 or to another positive electrode. For examination, the former interpretation is used. Claims 11-17 are rejected based on dependence on claim 10.
Claim 11 recites the limitation "the first edge" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 12 is rejected for dependence on claim 11.
Claim 15 recites the limitation "the first edge of the second layer portion" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claims 16-17 are rejected for dependence on claim 15.
Claim 17 is indefinite because it is unclear if the recitation “an electrical trace that is electrically coupled to the positive electrode of the first cylindrical battery cell” refers back to the previously recited “an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell” of claim 10 or to another electrical trace. For examination, the former interpretation is used.
Claim 18 is indefinite because it is unclear whether the recitation of “a positive electrode of a cylindrical battery cell” in line 74 refers to the previously recited “positive electrode of a cylindrical battery cell” in line 69-70 or to another positive electrode. For examination, the former interpretation is used. Claims 19-20 are rejected based on dependence on claim 18.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Babinot (US 20210273298 A1, cited in IDS of 06/07/2023) in view of Chen (CN-106935781-A, machine translation used for rejection below, previously presented) and Harris (US 20180190960 A1, previously presented).
Regarding claim 1, Babinot discloses a battery module ([0067]), comprising:
a first cylindrical battery cell (annotated Fig. 3; element 1BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the first cylindrical battery cell (1BC) in a first row (annotated Fig. 3; 1R) of cylindrical battery cells (Fig. 2; 40) among a plurality of rows (annotated Fig. 3; 1R, 2R, 3R) of cylindrical battery cells (Fig. 2; 40);
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a second cylindrical battery cell (annotated Fig. 3; element 2BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the second cylindrical battery cell (2BC) in the first row (1R) of cylindrical battery cells (40);
a third cylindrical battery cell (annotated Fig. 3; element 3BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the third cylindrical battery cell (3BC) in a second row (annotated Fig. 3; 2R) of cylindrical battery cells (Fig. 2; 40) among the plurality of rows (1R-3R) of cylindrical battery cells (40), wherein the first row (1R) of the cylindrical battery cells (40) is adjacent (Fig. 3) to the second row (2R) of cylindrical battery cells (40);
a laminated busbar assembly (Fig. 7; element 110; [0165] teaches that features from Fig. 1-4 and Fig. 7 may be combined; Fig. 3 is used below as a close up of the features of Fig. 7) having a bottom (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24b), a busbar layer (Fig. 2; element 21), a top (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24a); the busbar layer (21) being coupled (Fig. 2) to and between the bottom isolation layer (24b) and the top isolation layer (24a); the top isolation layer (24a) being coupled to (Fig. 1, 2) the bus bar layer (21),
the bottom isolation layer (24b) contacting (Fig. 2) the first (40) and second (40) cylindrical battery cells, the bottom isolation layer (24b) having a first aperture (Fig. 4; element 264 and 266 at 1BC “replaced by a single bigger opening” as taught in [0153]; “1A”) and a second aperture (Fig. 4; element 264 and 266 at 2BC “replaced by a single bigger opening” as taught in [0153]; “2A”) extending therethrough,
the first aperture (1A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the first cylindrical battery cell (1BC) therethrough and to expose a portion of the negative electrode (52) of the first cylindrical battery cell (1BC);
the second aperture (2A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the second cylindrical battery cell (2BC) therethrough and to expose (Fig. 4; [0153]) a portion of the negative electrode (52) of the second cylindrical battery cell (2BC); and
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the busbar layer (21) having first (annotated Fig 3; element 1LP), second (annotated Fig. 3; element 2LP) and third (annotated Fig. 3; element 3LP) layer portions being spaced apart from one another;
the first layer portion (1LP) being disposed against (annotated Fig. 3; “-” on 1BC and 2BC) and electrically contacting the negative electrode (52) of the first cylindrical battery cell (1BC) and the negative electrode (52) of the second cylindrical battery cell (2BC);
the second layer portion (2LP) being disposed against and electrically contacting (annotated Fig. 3; “+” at 1 BC and 2BC) the positive electrode (48) of the first cylindrical battery cell (1BC) and the positive electrode (48) of the second cylindrical battery cell (2BC) such that the first (1BC) and second (2BC) cylindrical battery cells are electrically coupled in parallel (Fig. 3; [0074]) to one another,
the second layer portion (2LP) being disposed against and electrically contacting the negative electrode (annotated Fig. 3; “-” at 3BC) of the third cylindrical battery cell (3BC); the second layer portion (2LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3) the first row (1R) of cylindrical battery cells (40) and the second row (2R) of cylindrical battery cells (40), the third layer portion (3LP) being disposed against and electrically contacting the positive electrode (48) of the third cylindrical battery cell (3BC) such that the first (1BC) and third (3BC) cylindrical battery cells are electrically coupled in series (Fig. 3) to one another,
the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP),
wherein the first layer portion (1LP) includes:
a first edge (annotated Fig. 3; edge of 1LP including 228; “1E”) including a plurality of arcuate-shaped slots (annotated Fig. 3; 228 of 1LP),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 3; element 1LE) having a plurality of tabs (Fig. 3; element 226), wherein each of the plurality of tabs (226) is aligned with (Fig. 3) and extends toward (Fig. 3) the arcuate-shaped slots (228 of 1LP) of the first edge (1E) of the first layer portion (1LP); and
a second long edge (annotated Fig. 3; element 2LE) having a plurality of arcuate-shaped slots (annotated Fig. 3; element 228 of 2LP),
wherein the second long edge (2LE) includes:
a first edge portion (annotated Fig. 3; element 1EP) in which the plurality of arcuate-shaped slots (228) are formed, wherein the second layer portion (2LP) electrically contacts (Fig. 3) the negative electrode (annotated Fig. 3; “-“ of 3BC) of the third cylindrical battery cell (3BC) via one (annotated Fig. 3; 228 of 2LP at 3BC) of the arcuate shaped slots (228 of 2LP) formed in the first edge portion (1EP); and
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a second edge portion (annotated Fig. 3; 2EP) in which the plurality of arcuate-shape slots (228) are not formed,
and a positive electrode (Fig. 2; 48) of a cylindrical battery cell (Fig. 2; 40), wherein each of the plurality of tabs (226) defines a central axis (Fig. 3; central axis of 226 in the left to right direction).
The examiner notes that the rejection above relies on two embodiments, the embodiment of Fig. 1-4 to teach the general structure of the battery pack and laminated bus bar assembly (specifically the configuration of the layer portions), and the embodiment of Fig. 7 to teach the placement of the bus bars of the laminated bus bar assembly. Babinot discloses that the features of the two embodiments may be combined in [0165]. Therefore, such a combination would have been obvious to one of ordinary skill in the art before the effective filing date of the invention.
Babinot fails to disclose “a sensor layer”, the top isolation layer being coupled to the sensor layer, the top isolation layer being between the busbar layer and the sensor layer, “the central axis of each of the plurality of tabs extends through the second edge portion of the second long edge”, “wherein the sensor layer includes a plurality of apertures” or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Chen discloses a first (annotated Fig. 9; 1BC) and a second (annotated Fig. 9; 2BC) cylindrical battery cell in a first row (annotated Fig. 9; row including 1BC and 2BC; “1R”), a third cylindrical battery cell (annotated Fig. 9; 3BC) in a second row (annotated Fig. 9; row including 3BC; “2R”), a busbar layer (Fig. 9; element 4) having a first (annotated Fig. 9; element 1LP), second (annotated Fig. 9; element 2LP), and third (annotated Fig. 9; element 3LP) layer portion being spaced apart (Fig. 9) from one another; the first layer portion (1LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the negative electrode ([0039]) of the first cylindrical battery cell (annotated Fig. 9; element 1BC) and the negative electrode ([0039]) of the second cylindrical battery cell (annotated Fig. 9; element 2BC); the second layer portion (2LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the positive electrode ([0039]) of the first cylindrical battery cell (1BC) and the positive electrode ([0039]) of the second cylindrical battery cell (2BC) such that the first (1BC) and second cylindrical battery cells (2BC) are electrically coupled in parallel (Fig. 9) to one another,
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the second layer portion (2LP) being disposed against and electrically contacting the negative electrode ([0039]) of the third cylindrical battery cell (3BC), the second layer portion (2LP) being disposed against and electrically contacting the first row (1R) of cylindrical battery cells (Fig. 9) and the second row (2R) of cylindrical battery cells (Fig. 9); the third layer portion (3LP) being disposed against and electrically contacting ([0041]) the positive electrode ([0039]) of the third cylindrical battery cell (3BC) such that the first (1BC) and third (3BC) cylindrical battery cells are electrically coupled in series (Fig. 9) to one another, the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP),
wherein the first layer portion (1LP) includes:
a first edge (annotated Fig. 9; topmost edge of 1LP; “1E”) including a plurality of arcuate-shaped slots (annotated Fig. 9; AS),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 9; element 1LE) having a plurality of tabs (Fig. 9; element 41), wherein each of the plurality of tabs (41) is aligned with and extends toward the arcuate-shaped slots (AS) of the first edge (1E) of the first layer portion (1LP); and
a second long edge (annotated Fig. 9; element 2LE) having a plurality of arcuate-shaped slots (annotated Fig. 9; element AS),
wherein the second long edge (2LE) includes:
a first edge portion (annotated Fig. 9; element 1EP) in which the plurality of arcuate-shaped slots (AS) are formed,
wherein the second layer portion (2LP) electrically contacts the negative electrode ([0039]) of the third cylindrical battery cell (3BC) via one of the arcuate-shaped slots (AS) formed in the first edge portion (1EP); and
a second edge portion (2EP) in which the plurality of arcuate-shaped slots (AS) are not formed (Fig. 9),
wherein each of the plurality of tabs (41) defines a central axis (annotated Fig. 9; element CA), and the central axis (CA) of each of the plurality of tabs (41) extends through the second edge portion (2EP) of the second long edge (2LE).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot by substituting the configuration of Chen’s bus bar layer, in place of the configuration of Babinot’s bus bar layer, such that the bus bar layer of Babinot in view of Chen possessed a second layer portion that electrically contacts the negative electrode of the third cylindrical battery cell via one of the arcuate-shaped slots formed in the first edge portion and wherein each of the plurality of tabs defines a central axis, and the central axis of each of the plurality of tabs extends through the second edge portion of the second long edge. By adopting the configuration of Chen’s first, second and third layer portions in Babinot’s invention, one of ordinary skill in the art would reasonably and predictably expect to achieve a connection between the positive and negative electrodes ([0046]) of cylindrical battery cells ([0048]) in parallel, series or parallel and series ([0051]) as taught by Chen.
Babinot in view of Chen still fails to disclose “a sensor layer”, “the top isolation layer being coupled to and between the busbar layer and the sensor layer”, “wherein the sensor layer includes a plurality of apertures”, or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Harris discloses a first embodiment (Fig. 3B) wherein a laminated busbar assembly (Fig. 3B; 123, 151-153, 161-163, 380) having a bottom isolation layer (annotated Fig. 3B; BIL), a busbar layer (Fig. 3B; 151-153, 161-163), top isolation layer (annotated Fig. 3B; TIL) and a sensor layer (Fig. 3B; 123), the busbar layer (151-153, 161-163) being coupled to and between (Fig. 3B) the bottom isolation layer (BIL) and the top isolation layer (TIL), the top isolation layer (TIL) coupled to (Fig. 3B) the busbar layer (151-153, 161-163) and the sensor layer (123),
the bottom isolation layer (BIL) contacting first (annotated Fig. 3B; 1BC) and second (annotated Fig. 3B; 2BC) cylindrical battery cells, the bottom isolation layer (BIL) having a first aperture (annotated Fig. 3B; 1A replaced by “single window” 389 of Fig. 3H per [0110]) and a second aperture (annotated Fig. 3B; 2A replaced by “single window” 389 of Fig. 3H per [0110]) extending therethrough, the first aperture (1A) of the bottom isolation layer (BIL) being sized and shaped (Fig. 3H) to receive a positive electrode ([0123]) of the first cylindrical battery cell (1BC) therethrough and to expose a portion ([0123]) of a negative electrode ([0123]) of the first cylindrical battery cell (1BC); the second aperture (2A) of the bottom isolation layer (BIL) being sized and shaped (Fig. 3H; 389) to receive a positive electrode ([0123]) of the second cylindrical battery cell (2BC) therethrough and to expose a portion ([0123]) of a negative electrode ([0123]) of the second cylindrical battery cell (2BC),
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wherein the sensor layer (123) includes a plurality of apertures (annotated Fig. 3B; W; [0115]), wherein each of the plurality of apertures (W) is sized (Fig. 3B) and shaped (Fig. 3B) to expose at least a corresponding one (Fig. 3B; at least one of 153 and 163) of a plurality of tabs (Fig. 3B; 153, 163).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot in view of Chen by adding the sensor layer of Harris to the invention of Babinot in view of Chen such that the top isolation layer is coupled to the busbar layer and the sensor layer, the bottom isolation layer contacting the first and second cylindrical battery cells, the bottom isolation layer having a first aperture and a second aperture extending therethrough, the first aperture of the bottom isolation layer being sized and shaped to receive the positive electrode of the first cylindrical battery cell therethrough and to expose a portion of the negative electrode of the first cylindrical battery cell; the second aperture of the bottom isolation layer being sized and shaped to receive the positive electrode of the second cylindrical battery cell therethrough and to expose a portion of the negative electrode of the second cylindrical battery cell, the sensor layer includes a plurality of apertures, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell. In doing so, one of ordinary skill in the art would reasonably expect to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Babinot in view of Chen and Harris still fails to disclose “the top isolation layer being …between the busbar layer and the sensor layer”, “or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a second embodiment wherein a top isolation layer (“overmold material”;[0114]) may be between (“insulate…each other”; [0114]) a bus bar layer (“first layer 121 , second layer 122”; [0114]) and a sensor layer (“sensing layer 123”; [0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by modifying the top isolation layer so that it was also between the busbar layer and the sensor layer in order to predictably insulate the layers from each other as taught by Harris ([0114]).
Babinot in view of Chen and Harris still fails to disclose “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a third embodiment wherein a sensor layer (Fig. 2B; 123) includes an electrically insulative substrate (insulative base layer of “printed circuit board”; [0105]; “IS”), an electrical connector (Fig. 2B; 125; [0105]) coupled to (Fig. 2B; [0105]) the electrically insulative substrate (IS), and an electrical trace (Fig. 2B: 124) electrically coupled to ([0105]) and between (Fig. 2B) the electrical connector (125) and at least one positive electrode (“positive terminal”; [0089]) of a cylindrical battery cell (Fig. 2B; any one of the plurality of cells), wherein a plurality of apertures (annotated Fig. 2B; W) of the sensor layer (123) extend through (Fig. 2A, 2B) the electrically insulative substrate (IS).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by substituting the components of the sensor layer of the third embodiment of Harris for the components of the sensor layer of Babinot in view of Chen and Harris such that the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, and wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate in order to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Regarding claim 2, Babinot in view of Chen and Harris discloses wherein: the first layer portion (1LP) has first (Chen annotated Fig. 9; element 1AS) and second arcuate-shaped (Chen annotated Fig. 9; element 2AS) slots that extend from a first edge (Chen annotated Fig. 9; element 1E) thereof into the first layer portion (1LP), the first (1AS) and second arcuate-shaped (2AS) slots being spaced apart from one another; and the plurality of tabs (41) of the first long edge (1LE) of the second layer portion (2LP) include first (Chen annotated Fig. 9; element 1T) and second (Chen annotated Fig. 9; element 2T) tabs extending toward the first (1AS) and second (2AS) arcuate-shaped slots, respectively.
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Regarding claim 3, Babinot in view of Chen and Harris discloses wherein: the first (1T) and second tabs (2T) contact the positive electrode (Chen [0039]) of the first cylindrical battery cell (1BC) and the positive electrode (Chen [0039]) of the second cylindrical battery cell (2BC), respectively.
Regarding claim 4, Babinot in view of Chen and Harris discloses wherein: the negative electrode (52; see Chen [0039]) of the first cylindrical battery cell (1BC) and the negative electrode (52; Chen [0039]) of the second cylindrical battery cell (2BC) contact the first layer portion (1LP) proximate to the first (1AS) and second (2AS) arcuate-shaped slots, respectively.
Regarding claim 5, Babinot in view of Chen and Harris discloses wherein:
the busbar layer (21 of Babinot modified to have Chen’s configuration) further has first (Fig. 7; right 14; “1OSW”) and second (Fig. 7; left 14; “2OSW”) outer side walls that extend perpendicular (Fig. 2 show 14 extends in a direction into the page of Fig. 7) to the first (1LP) and second (2LP) layer portions,
the first (1LP) and second (2LP) layer portions being disposed between the first (1OSW) and second (2OSW) outer side walls; and
first (Fig. 7; one of elements 12 modified to possess Chen’s configuration) and second (Fig. 7; another of elements 12 modified to possess Chen’s configuration) busbars being coupled to the first (1OSW) and second (2OSW) outer side walls, respectively, of the busbar layer (21).
Regarding claim 6, Babinot in view of Chen and Harris fails to disclose wherein the first aperture in the bottom isolation layer has a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion communicating with the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion communicating with the portion of the negative electrode of the first cylindrical battery cell.
However, it would have been obvious to one of ordinary skill in the art to have changed the shape of the first aperture in the bottom isolation layer so that it had a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion communicating with the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion communicating with the portion of the negative electrode of the first cylindrical battery cell because doing so would have been an obvious design choice that would have predictably allowed access to objects below the aperture, as well as a tab or tabs for connecting to a cell as desired by Harris ([0107]). It has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant.
Regarding claim 7, Babinot in view of Chen and Harris discloses the top isolation layer (TIL) having a first aperture (Harris annotated Fig. 3B; 1A replaced by “single window” 389 of Fig. 3H, per [0110]) extending therethrough; the first aperture (1A) of the top isolation layer (TIL) is sized and shaped (Harris [0110]) to expose a first tab (Chen annotated Fig. 9; 41 at 1BC) of the plurality of tabs (Chen 41) of the first long edge (1LE) of the second layer portion (2LP) of the busbar layer (21 modified by Chen) contacting the positive electrode (48) of the first cylindrical battery cell (1BC), and to expose a portion (Chen annotated Fig. 9; arc of 1LP at 42 of 1BC) of the busbar layer (21 modified by Chen) contacting the negative electrode (52) of the first cylindrical battery cell (1BC).
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Regarding claim 8, Babinot in view of Chen and Harris fails to disclose wherein:
the first aperture in the top isolation layer has a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion exposing the first tab of the busbar layer contacting the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion exposing the portion of the busbar layer contacting the negative electrode of the first cylindrical battery cell.
However, it would have been obvious to one of ordinary skill in the art to have changed the shape of the first aperture in the top isolation layer so that it had a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion exposing the first tab of the busbar layer contacting the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion exposing the portion of the busbar layer contacting the negative electrode of the first cylindrical battery cell because doing so would have been an obvious design choice that would have predictably allowed access to objects below the aperture, as well as a tab or tabs for connecting to a cell as desired by Harris ([0107]). It has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant.
Regarding claim 9, Babinot in view of Chen and Harris discloses wherein the sensor layer (123) includes an electrical trace (Fig. 2B; 124) that is electrically coupled to the positive electrode (48) of the first cylindrical battery cell (1BC).
Regarding claim 10, Babinot discloses a battery module ([0057]), comprising:
a first cylindrical battery cell (annotated Fig. 3; element 1BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the first cylindrical battery cell (1BC) in a first row (annotated Fig. 3;1R) of cylindrical battery cells (Fig. 2; 40) among a plurality of rows (annotated Fig. 3; 1R, 2R) of cylindrical battery cells (Fig. 2; 40);
a second cylindrical battery cell (annotated Fig. 3; element 2BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52); the second cylindrical battery cell (2BC) in the first row (1R) of cylindrical battery cells (Fig. 2; 40),
a third cylindrical battery cell (annotated Fig. 3; 3BC) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52); the third cylindrical battery cell (3BC) in a second row (annotated Fig. 3; 2R) of cylindrical battery cells (Fig. 2; 40) among the plurality of rows (annotated Fig. 3; 1R, 2R) of cylindrical battery cells (Fig. 2; 40), wherein the first row (1R) of cylindrical battery cells (40) is adjacent (Fig. 3) to the second row (2R) of cylindrical battery cells (40),
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a laminated busbar assembly (Fig. 7; element 110; [0165] teaches that features from Fig. 1-4 and Fig. 7 may be combined; Fig. 3 is used below as a close up of the features of Fig. 7) having a bottom (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24b), a busbar layer (Fig. 2; element 21), a top (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24a); the busbar layer (21) being coupled (Fig. 2) to and between the bottom isolation layer (24b) and the top isolation layer (24a); the top isolation layer (24a) being coupled to (Fig. 1, 2) the bus bar layer (21),
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the bottom isolation layer (24b) contacting (Fig. 2) the first (40) and second (40) cylindrical battery cells, the bottom isolation layer (24b) having a first aperture (Fig. 4; element 264 and 266 at 1BC “replaced by a single bigger opening” as taught in [0153]; “1A”) and a second aperture (Fig. 4; element 264 and 266 at 2BC “replaced by a single bigger opening” as taught in [0153]; “2A”) extending therethrough,
the first aperture (1A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the first cylindrical battery cell (1BC) therethrough and to expose a portion of the negative electrode (52) of the first cylindrical battery cell (1BC);
the second aperture (2A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the second cylindrical battery cell (2BC) therethrough and to expose (Fig. 4; [0153]) a portion of the negative electrode (52) of the second cylindrical battery cell (2BC); and
the busbar layer (21) having first (annotated Fig. 3; element 1LP), second (annotated Fig. 3; element 2LP), and third layer portions (annotated Fig. 3; element 3LP) that are spaced apart (Fig. 3) from one another; the first layer portion (1LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3; indicated by “-”) the negative electrode (52) of the first cylindrical battery cell (1BC);
the second layer portion (2LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3; indicated by “+”) the positive electrode (48) of the first cylindrical battery cell (1BC) and the negative electrode (52) of the second cylindrical battery cell (2BC);
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the third layer portion (3LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3; indicated by “+”) the positive electrode (48) of the second cylindrical battery cell (2BC) such that the first (1BC) and second (2BC) cylindrical battery cells are electrically coupled in series (Fig. 3; [0074]) to one another, the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP), the second layer portion (2LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3) the first row (1R) of cylindrical battery cells (40) and the second row (2R) of cylindrical battery cells (40),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 3; element 1LE) having a plurality of tabs (Fig. 3; element 226); and
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a second edge (annotated Fig. 3; element 2LE) having a plurality of arcuate-shaped slots (Fig. 3; element 228) wherein each of the plurality of tabs (226) is aligned with (Fig. 3) and extends toward the arcuate-shaped slots (228),
wherein the second edge (2LE) includes:
a first edge portion (annotated Fig. 3; element 1EP) having the plurality of arcuate-shaped slots (228), wherein the second layer portion (2LP) electrically contacts the negative electrode (52) of the second cylindrical battery cell (2BC) via one of the arcuate shaped slots (228) formed in the first edge portion (1EP); and
a second portion (annotated Fig. 3; element; element 2EP) that includes exactly zero arcuate-shape slots (Fig. 3), wherein each of the plurality of tabs (226) defines a central axis (Fig. 3; central axis of 226 in the left to right direction).
The examiner notes that the rejection above relies on two embodiments, the embodiment of Fig. 1-4 to teach the general structure of the battery pack and laminated bus bar assembly (specifically the configuration of the layer portions), and the embodiment of Fig. 7 to teach the placement of the bus bars of the laminated bus bar assembly. Babinot discloses that the features of the two embodiments may be combined in [0165]. Therefore, such a combination would have been obvious to one of ordinary skill in the art.
Babinot fails to disclose wherein “a sensor layer”, the top isolation layer being coupled to the sensor layer, the top isolation layer being between the busbar layer and the sensor layer, “the central axis of each of the plurality of tabs extends through the second portion of the second edge”, “wherein the sensor layer includes a plurality of apertures”, or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Chen discloses a first cylindrical battery cell (annotated Fig. 9; 1BC) and a second cylindrical battery cell (annotated Fig. 9; 2BC) in a first row (annotated Fig. 9; row of cells including 1BC and 2BC), a third cylindrical battery cell (annotated Fig 9; 3BC) in a second row (annotated Fig. 9; 2R) that is adjacent to the first row (1R),
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a busbar layer (Fig. 9; element 4) having a first (annotated Fig. 9; element 1LP), second (annotated Fig. 9; element 2LP), and third (annotated Fig. 9; element 3LP) layer portions being spaced apart (Fig. 9) from one another; the first layer portion (1LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the negative electrode ([0039]) of the first cylindrical battery cell (1BC); the second layer portion (2LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the positive electrode ([0039]) of the first cylindrical battery cell (1BC) and the negative electrode ([0039]) of the second cylindrical battery cell (2BC), the third layer portion (3LP) being disposed against and electrically contacting the positive electrode ([0039]) of the second cylindrical battery cell (2BC) such that the first (1BC) and second (2BC) cylindrical battery cells are electrically coupled in series (Fig. 9) to one another,
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the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP), the second layer portion being disposed against (Fig. 9) and electrically contacting the first row (1R) and the second row (2R),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 9; element 1LE) having a plurality of tabs (Fig. 9; element 41); and
a second edge (annotated Fig. 9; element 2LE) having a plurality of arcuate-shaped slots (annotated Fig. 9; AS), wherein each of the plurality of tabs (41) is aligned with (annotated Fig. 9; tabs and slots are along line L) and extends toward (Fig. 9) the arcuate-shaped slots (AS),
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wherein the second edge (2LE) includes:
a first portion (annotated Fig. 9; element 1EP) having the plurality of arcuate-shaped slots (AS),
wherein the second layer portion (2LP) electrically contacts the negative electrode ([0039]) of the second cylindrical battery cell (2BC) via one of the arcuate-shaped slots (AS) formed in the first portion (1EP); and
a second portion (2EP) that includes exactly zero arcuate-shaped slots (AS),
wherein each of the plurality of tabs (41) defines a central axis (annotated Fig. 9; element CA), and the central axis (CA) of each of the plurality of tabs (41) extends through the second portion (2EP) of the second edge (2LE).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot by substituting the configuration of Chen’s bus bar layer, in place of the configuration of Babinot’s bus bar layer, such that each of the plurality of tabs defines a central axis, and the central axis of each of the plurality of tabs extends through the second portion of the second edge as taught by Chen. By adopting the configuration of Chen’s first, second and third layer portions, one of ordinary skill in the art would reasonably expect to achieve a connection between the positive and negative electrodes ([0046]) of cylindrical battery cells ([0048]) in a parallel, series or parallel and series connection ([0051]) as taught by Chen.
Babinot in view of Chen still fails to disclose “a sensor layer”, the top isolation layer being coupled to the sensor layer, the top isolation layer being between the busbar layer and the sensor layer, “wherein the sensor layer includes a plurality of apertures”, or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Harris discloses a first embodiment (Fig. 3B) wherein a laminated busbar assembly (Fig. 3B; 123, 151-153, 161-163, 380) having a bottom isolation layer (annotated Fig. 3B; BIL), a busbar layer (Fig. 3B; 151-153, 161-163), top isolation layer (annotated Fig. 3B; TIL) and a sensor layer (Fig. 3B; 123), the busbar layer (151-153, 161-163) being coupled to and between (Fig. 3B) the bottom isolation layer (BIL) and the top isolation layer (TIL), the top isolation layer (TIL) coupled to (Fig. 3B) the busbar layer (151-153, 161-163) and the sensor layer (123), wherein the sensor layer (123) includes a plurality of apertures (annotated Fig. 3B; W; [0115]), wherein each of the plurality of apertures (W) is sized (Fig. 3B) and shaped (Fig. 3B) to expose at least a corresponding one (Fig. 3B; at least one of 153 and 163) of a plurality of tabs (Fig. 3B; 153, 163).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot in view of Chen by adding the sensor layer of Harris to the invention of Babinot in view of Chen such that the top isolation layer is coupled to the busbar layer and the sensor layer, the sensor layer includes a plurality of apertures, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell. In doing so, one of ordinary skill in the art would reasonably expect to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Babinot in view of Chen and Harris still fails to disclose “the top isolation layer being …between the busbar layer and the sensor layer”, “or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a second embodiment wherein a top isolation layer (“overmold material”;[0114]) may be between (“insulate…each other”; [0114]) a bus bar layer (“first layer 121 , second layer 122”; [0114]) and a sensor layer (“sensing layer 123”; [0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by modifying the top isolation layer so that it was between the busbar layer and the sensor layer in order to predictably insulate the layers from each other as taught by Harris ([0114]).
Babinot in view of Chen and Harris still fails to disclose “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a third embodiment wherein a sensor layer (Fig. 2B; 123) includes an electrically insulative substrate (insulative base layer of “printed circuit board”; [0105]; “IS”), an electrical connector (Fig. 2B; 125; [0105]) coupled to (Fig. 2B; [0105]) the electrically insulative substrate (IS), and an electrical trace (Fig. 2B: 124) electrically coupled to ([0105]) and between (Fig. 2B) the electrical connector (125) and at least one positive electrode (“positive terminal”; [0089]) of a cylindrical battery cell (Fig. 2B; any one of the plurality of cells), wherein a plurality of apertures (annotated Fig. 2B; W) of the sensor layer (123) extend through (Fig. 2A, 2B) the electrically insulative substrate (IS).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by substituting the components of the sensor layer of the third embodiment of Harris for the components of the sensor layer of Babinot in view of Chen and Harris such that the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate in order to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Regarding claim 11, Babinot in view of Chen discloses wherein:
the first layer portion (1LP) has an arcuate-shaped slot (Chen annotated Fig. 9; element 1AS) that extends from an edge (Chen annotated Fig. 9; element 1E) thereof into the first layer portion (1LP); and the plurality of tabs (41) of the first edge (1LE) of the second layer portion (2LP) include a first tab (Chen annotated Fig. 9; element 1T) and the plurality of arcuate-shaped slots (AS) of the second edge (2LE) of the second layer portion (2LP) include a first arcuate-shaped slot (Chen annotated Fig. 9; element 2AS), the first tab (1T) of the second layer portion (2LP) extending toward the arcuate-shaped slot (1AS) of the first layer portion (1LP), the first arcuate-shaped slot (2AS) of the second layer portion (2LP) extending from the second edge (2E) into the second layer portion (2LP); and the third layer portion (3LP) has a tab (annotated Fig. 9; element 2T)
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that extends toward the first arcuate-shaped slot (2AS) of the second layer portion (2LP).
Regarding claim 12, Babinot in view of Chen and Harris discloses wherein the negative electrode (Chen [0039]) of the first cylindrical battery cell (1BC) contacts the first layer portion (1LP) proximate to the arcuate-shaped slot (1AS) of the first layer portion (1LP); the first tab (1T) of the second layer portion (2LP) contacts the positive electrode (Chen [0039]) of the first cylindrical battery cell (1BC); the negative electrode (Chen [0039]) of the second cylindrical battery cell (2BC) contacts the second layer portion (2BC) proximate to the first arcuate-shaped slot (2AS) of the second layer portion (2LP); and the tab (2T) of the third layer portion (3LP) contacts the positive electrode (Chen [0039]) of the second cylindrical battery cell (2BC).
Regarding claim 13, Babinot in view of Chen and Harris discloses wherein: the busbar layer (21 modified to have Chen’s configuration) further has first (Fig. 7; right 14; “1OSW”) and second (Fig. 7; left 14; “2OSW”) outer side walls that extend perpendicular (Fig. 2 show 14 extends in a direction into the page of Fig. 7) to the first (1LP) and second (2LP) layer portions,
the first (1LP) and second (2LP) layer portions being disposed between the first (1OSW) and second (2OSW) outer side walls;
Regarding claim 14, Babinot in view of Chen and Harris fails to disclose wherein the first aperture in the bottom isolation layer has a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion communicating with the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion communicating with the portion of the negative electrode of the first cylindrical battery cell.
However, it would have been obvious to one of ordinary skill in the art to have changed the shape of the first aperture in the bottom isolation layer so that it had a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion communicating with the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion communicating with the portion of the negative electrode of the first cylindrical battery cell because doing so would have been an obvious design choice that would have predictably allowed access to objects below the aperture, as well as a tab or tabs for connecting to a cell as desired by Harris ([0107]). It has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant.
Regarding claim 15, Babinot in view of Chen and Harris discloses the top isolation layer (TIL) having a first aperture (Harris annotated Fig. 3B; 1A replaced by “single window” 389 of Fig. 3H, per [0110]) extending therethrough; the first aperture (1A) of the top isolation layer (TIL) is sized and shaped (Harris [0110]) to expose a first tab (Chen annotated Fig. 9; 41 at 1BC) of the plurality of tabs (Chen 41) of the first edge (1LE) of the second layer portion (2LP) of the busbar layer (21 modified by Chen) contacting the positive electrode (48) of the first cylindrical battery cell (1BC), and to expose a portion (Chen annotated Fig. 9; arc of 1LP at 1BC) of the busbar layer (21 modified by Chen) contacting the negative electrode (52) of the first cylindrical battery cell (1BC).
Regarding claim 16, Babinot in view of Chen and Harris fails to disclose wherein:
the first aperture in the top isolation layer has a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion exposing the first tab of the busbar layer contacting the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion exposing the portion of the busbar layer contacting the negative electrode of the first cylindrical battery cell.
However, it would have been obvious to one of ordinary skill in the art to have changed the shape of the first aperture in the top isolation layer so that it had a circular aperture portion and a skirt-shaped aperture portion communicating with the circular aperture portion, the circular portion exposing the first tab of the busbar layer contacting the positive electrode of the first cylindrical battery cell, and the skirt-shaped portion exposing the portion of the busbar layer contacting the negative electrode of the first cylindrical battery cell because doing so would have been an obvious design choice that would have predictably allowed access to objects below the aperture, as well as a tab or tabs for connecting to a cell as desired by Harris ([0107]). It has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant.
Regarding claim 17, Babinot in view of Chen and Harris discloses wherein the sensor layer (123) includes an electrical trace (Fig. 2B; 124) that is electrically coupled to the positive electrode (48) of the first cylindrical battery cell (1BC).
Regarding claim 18, Babinot discloses a battery module ([0067]), comprising:
a first cylindrical battery cell (annotated Fig. 3; element 1BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the first cylindrical battery cell (1BC) in a first row (annotated Fig. 3; 1R) of cylindrical battery cells (Fig. 2; 40) among a plurality of rows (annotated Fig. 3; 1R, 2R, 3R) of cylindrical battery cells (Fig. 2; 40);
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a second cylindrical battery cell (annotated Fig. 3; element 2BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the second cylindrical battery cell (2BC) in the first row (1R) of cylindrical battery cells (40);
a third cylindrical battery cell (annotated Fig. 3; element 3BC; Fig. 2; element 40) having a positive electrode (Fig. 2; element 48) and a negative electrode (Fig. 2; element 52), the third cylindrical battery cell (3BC) in a second row (annotated Fig. 3; 2R) of cylindrical battery cells (Fig. 2; 40) among the plurality of rows (1R-3R) of cylindrical battery cells (40), wherein the first row (1R) of the cylindrical battery cells (40) is adjacent (Fig. 3) to the second row (2R) of cylindrical battery cells (40);
a laminated busbar assembly (Fig. 7; element 110; [0165] teaches that features from Fig. 1-4 and Fig. 7 may be combined; Fig. 3 is used below as a close up of the features of Fig. 7) having a bottom (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24b), a busbar layer (Fig. 2; element 21), a top (Fig. 2) isolation (“insulation layers”; [0091]) layer (Fig. 2; element 24a); the busbar layer (21) being coupled (Fig. 2) to and between the bottom isolation layer (24b) and the top isolation layer (24a); the top isolation layer (24a) being coupled to (Fig. 1, 2) the bus bar layer (21),
the bottom isolation layer (24b) contacting (Fig. 2) the first (40) and second (40) cylindrical battery cells, the bottom isolation layer (24b) having a first aperture (Fig. 4; element 264 and 266 at 1BC “replaced by a single bigger opening” as taught in [0153]; “1A”) and a second aperture (Fig. 4; element 264 and 266 at 2BC “replaced by a single bigger opening” as taught in [0153]; “2A”) extending therethrough,
the first aperture (1A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the first cylindrical battery cell (1BC) therethrough and to expose a portion of the negative electrode (52) of the first cylindrical battery cell (1BC);
the second aperture (2A) of the bottom isolation layer (24b) being sized and shaped to receive (Fig. 4; [0153]) the positive electrode (48) of the second cylindrical battery cell (2BC) therethrough and to expose (Fig. 4; [0153]) a portion of the negative electrode (52) of the second cylindrical battery cell (2BC); and
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the busbar layer (21) having first (annotated Fig 3; element 1LP), second (annotated Fig. 3; element 2LP) and third (annotated Fig. 3; element 3LP) layer portions being spaced apart from one another;
the first layer portion (1LP) being disposed against (annotated Fig. 3; “-” on 1BC and 2BC) and electrically contacting the negative electrode (52) of the first cylindrical battery cell (1BC) and the negative electrode (52) of the second cylindrical battery cell (2BC);
the second layer portion (2LP) being disposed against and electrically contacting (annotated Fig. 3; “+” at 1 BC and 2BC) the positive electrode (48) of the first cylindrical battery cell (1BC) and the positive electrode (48) of the second cylindrical battery cell (2BC) such that the first (1BC) and second (2BC) cylindrical battery cells are electrically coupled in parallel (Fig. 3; [0074]) to one another,
the second layer portion (2LP) being disposed against and electrically contacting the negative electrode (annotated Fig. 3; “-” at 3BC) of the third cylindrical battery cell (3BC); the second layer portion (2LP) being disposed against (Fig. 3) and electrically contacting (Fig. 3) the first row (1R) of cylindrical battery cells (40) and the second row (2R) of cylindrical battery cells (40), the third layer portion (3LP) being disposed against and electrically contacting the positive electrode (48) of the third cylindrical battery cell (3BC) such that the first (1BC) and third (3BC) cylindrical battery cells are electrically coupled in series (Fig. 3) to one another,
the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 3; element 1LE) having a plurality of tabs (Fig. 3; element 226); and
a second long edge (annotated Fig. 3; element 2LE) having a plurality of arcuate-shaped slots (Fig. 3; element 228), wherein each of the plurality of tabs (226) is aligned with (Fig. 3) and extends towards (Fig. 3) the arcuate-shaped slots (228),
wherein the second long edge (2LE) includes:
a first edge portion (annotated Fig. 3; element 1EP) in which the plurality of arcuate-shaped slots (228) are formed, wherein the second layer portion (2LP) electrically contacts the negative electrode (52) of the third cylindrical battery cell (3BC) via one of the arcuate-shaped slots (228) formed in the first edge portion (1EP); and
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a second edge portion (annotated Fig. 3; element 2EP) in which the plurality of arcuate-shape slots (228) are not formed,
wherein each of the plurality of tabs (226) defines a central axis (Fig. 3; central axis of 226 in the left to right direction).
wherein: the busbar layer (21) further has first (Fig. 7; right 14; “1OSW”) and second (Fig. 7; left 14; “2OSW”) conductive (“conductors”; [0068]) outer side walls that extend perpendicular (Fig. 2 show 14 extends in a direction into the page of Fig. 7) to the first (1LP) and second (2LP) layer portions,
the first (1LP) and second (2LP) layer portions being disposed between the first (1OSW) and second (2OSW) outer side walls; and
wherein the first conductive outer side wall (1OSW) is disposed within a first virtual plane (annotated Fig. 7; element 1P; Fig. 2 shows that 14 extends in a direction into the page of Fig. 7), the second conductive outer side wall (2OSW) is disposed within a second virtual plane (annotated Fig. 7; element 2P; Fig. 2 shows that 14 extends in a direction into the page of Fig. 7), and the first (1LP) and second layer portions (2LP) are disposed within a third virtual plane (annotated Fig. 7; element 3P),
wherein the third virtual plane (3P) is perpendicular to the first (1P) and second virtual planes (2P), and wherein first (Fig. 7; one of elements 12) and second (Fig. 7; another of elements 12) busbars are coupled to the first (1OSW) and second (2OSW) outer side walls, respectively, of the busbar layer (21)
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.
The examiner notes that the rejection above relies on two embodiments, the embodiment of Fig. 1-4 to teach the general structure of the battery pack and laminated bus bar assembly (specifically the configuration of the layer portions), and the embodiment of Fig. 7 to teach the placement of the bus bars of the laminated bus bar assembly. Babinot discloses that the features of the two embodiments may be combined in [0165]. Therefore, such a combination would have been obvious to one of ordinary skill in the art before the effective filing date of the invention.
Babinot fails to disclose “a sensor layer”, the top isolation layer being coupled to the sensor layer, the top isolation layer being between the busbar layer and the sensor layer, “the central axis of each of the plurality of tabs extends through the second edge portion of the second long edge”, “wherein the sensor layer includes a plurality of apertures” or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Chen discloses a first (annotated Fig. 9; 1BC) and a second (annotated Fig. 9; 2BC) cylindrical battery cell in a first row (annotated Fig. 9; row including 1BC and 2BC; “1R”), a third cylindrical battery cell (annotated Fig. 9; 3BC) in a second row (annotated Fig. 9; row including 3BC; “2R”), a busbar layer (Fig. 9; element 4) having a first (annotated Fig. 9; element 1LP), second (annotated Fig. 9; element 2LP), and third (annotated Fig. 9; element 3LP) layer portion being spaced apart (Fig. 9) from one another; the first layer portion (1LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the negative electrode ([0039]) of the first cylindrical battery cell (annotated Fig. 9; element 1BC) and the negative electrode ([0039]) of the second cylindrical battery cell (annotated Fig. 9; element 2BC); the second layer portion (2LP) being disposed against (Fig. 9) and electrically contacting ([0041]) the positive electrode ([0039]) of the first cylindrical battery cell (1BC) and the positive electrode ([0039]) of the second cylindrical battery cell (2BC) such that the first (1BC) and second cylindrical battery cells (2BC) are electrically coupled in parallel (Fig. 9) to one another,
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the second layer portion (2LP) being disposed against and electrically contacting the negative electrode ([0039]) of the third cylindrical battery cell (3BC), the second layer portion (2LP) being disposed against and electrically contacting the first row (1R) of cylindrical battery cells (Fig.9) and a second row (2R) of cylindrical battery cells (Fig. 9); the third layer portion (3LP) being disposed against and electrically contacting ([0041]) the positive electrode ([0039]) of the third cylindrical battery cell (3BC) such that the first (1BC) and third (3BC) cylindrical battery cells are electrically coupled in series (Fig. 9) to one another, the second layer portion (2LP) being disposed between the first layer portion (1LP) and the third layer portion (3LP),
wherein the first layer portion (1LP) includes:
a first edge (annotated Fig. 9; topmost edge of 1LP; “1E”) including a plurality of arcuate-shaped slots (annotated Fig. 9; arcs of 1LP; “AS”),
wherein the second layer portion (2LP) includes:
a first long edge (annotated Fig. 9; element 1LE) having a plurality of tabs (Fig. 9; element 41), wherein each of the plurality of tabs (41) is aligned with and extends toward the arcuate-shaped slots (AS) of the first edge (1E) of the first layer portion (1LP); and
a second long edge (annotated Fig. 9; element 2LE) having a plurality of arcuate-shaped slots (annotated Fig. 9; element AS),
wherein the second long edge (2LE) includes:
a first edge portion (annotated Fig. 9; element 1EP) in which the plurality of arcuate-shaped slots (AS) are formed,
wherein the second layer portion (2LP) electrically contacts the negative electrode ([0039]) of the third cylindrical battery cell (3BC) via one of the arcuate-shaped slots (AS) formed in the first edge portion (1EP); and
a second edge portion (2EP) in which the plurality of arcuate-shaped slots (AS) are not formed (Fig. 9),
wherein each of the plurality of tabs (41) defines a central axis (annotated Fig. 9; element CA), and the central axis (CA) of each of the plurality of tabs (41) extends through the second edge portion (2EP) of the second long edge (2LE).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot by substituting the configuration of Chen’s bus bar layer, in place of the configuration of Babinot’s bus bar layer, such that the bus bar layer of Babinot in view of Chen possessed a second layer portion that electrically contacts the negative electrode of the third cylindrical battery cell via one of the arcuate-shaped slots formed in the first edge portion and wherein each of the plurality of tabs defines a central axis, and the central axis of each of the plurality of tabs extends through the second edge portion of the second long edge. By adopting the configuration of Chen’s first, second and third layer portions in Babinot’s invention, one of ordinary skill in the art would reasonably and predictably expect to achieve a connection between the positive and negative electrodes ([0046]) of cylindrical battery cells ([0048]) in parallel, series or parallel and series ([0051]) as taught by Chen.
Babinot in view of Chen still fails to disclose “a sensor layer”, “the top isolation layer being coupled to and between the busbar layer and the sensor layer”, “wherein the sensor layer includes a plurality of apertures”, or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell”.
Harris discloses a first embodiment (Fig. 3B) wherein a laminated busbar assembly (Fig. 3B; 123, 151-153, 161-163, 380) having a bottom isolation layer (annotated Fig. 3B; BIL), a busbar layer (Fig. 3B; 151-153, 161-163), top isolation layer (annotated Fig. 3B; TIL) and a sensor layer (Fig. 3B; 123), the busbar layer (151-153, 161-163) being coupled to and between (Fig. 3B) the bottom isolation layer (BIL) and the top isolation layer (TIL), the top isolation layer (TIL) coupled to (Fig. 3B) the busbar layer (151-153, 161-163) and the sensor layer (123),
the bottom isolation layer (BIL) contacting first (annotated Fig. 3B; 1BC) and second (annotated Fig. 3B; 2BC) cylindrical battery cells, the bottom isolation layer (BIL) having a first aperture (annotated Fig. 3B; 1A replaced by “single window” 389 of Fig. 3H per [0110]) and a second aperture (annotated Fig. 3B; 2A replaced by “single window” 389 of Fig. 3H per [0110]) extending therethrough, the first aperture (1A) of the bottom isolation layer (BIL) being sized and shaped (Fig. 3H) to receive a positive electrode ([0123]) of the first cylindrical battery cell (1BC) therethrough and to expose a portion ([0123]) of a negative electrode ([0123]) of the first cylindrical battery cell (1BC); the second aperture (2A) of the bottom isolation layer (BIL) being sized and shaped (Fig. 3H; 389) to receive a positive electrode ([0123]) of the second cylindrical battery cell (2BC) therethrough and to expose a portion ([0123]) of a negative electrode ([0123]) of the second cylindrical battery cell (2BC),
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wherein the sensor layer (123) includes a plurality of apertures (annotated Fig. 3B; W; [0115]), wherein each of the plurality of apertures (W) is sized (Fig. 3B) and shaped (Fig. 3B) to expose at least a corresponding one (Fig. 3B; at least one of 153 and 163) of a plurality of tabs (Fig. 3B; 153, 163).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Babinot in view of Chen by adding the sensor layer of Harris to the invention of Babinot in view of Chen such that the top isolation layer is coupled to the busbar layer and the sensor layer, the bottom isolation layer contacting the first and second cylindrical battery cells, the bottom isolation layer having a first aperture and a second aperture extending therethrough, the first aperture of the bottom isolation layer being sized and shaped to receive the positive electrode of the first cylindrical battery cell therethrough and to expose a portion of the negative electrode of the first cylindrical battery cell; the second aperture of the bottom isolation layer being sized and shaped to receive the positive electrode of the second cylindrical battery cell therethrough and to expose a portion of the negative electrode of the second cylindrical battery cell, the sensor layer includes a plurality of apertures, and wherein each of the plurality of apertures of the sensor layer is sized and shaped to expose at least a corresponding one of the plurality of tabs of the first long edge of the second layer portion contacting a positive electrode of a cylindrical battery cell. In doing so, one of ordinary skill in the art would reasonably expect to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Babinot in view of Chen and Harris still fails to disclose “the top isolation layer being …between the busbar layer and the sensor layer”, “or “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a second embodiment wherein a top isolation layer (“overmold material”;[0114]) may be between (“insulate…each other”; [0114]) a bus bar layer (“first layer 121 , second layer 122”; [0114]) and a sensor layer (“sensing layer 123”; [0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by modifying the top isolation layer so that it was also between the busbar layer and the sensor layer in order to predictably insulate the layers from each other as taught by Harris ([0114]).
Babinot in view of Chen and Harris still fails to disclose “wherein the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate”.
Harris discloses a third embodiment wherein a sensor layer (Fig. 2B; 123) includes an electrically insulative substrate (insulative base layer of “printed circuit board”; [0105]; “IS”), an electrical connector (Fig. 2B; 125; [0105]) coupled to (Fig. 2B; [0105]) the electrically insulative substrate (IS), and an electrical trace (Fig. 2B: 124) electrically coupled to ([0105]) and between (Fig. 2B) the electrical connector (125) and at least one positive electrode (“positive terminal”; [0089]) of a cylindrical battery cell (Fig. 2B; any one of the plurality of cells), wherein a plurality of apertures (annotated Fig. 2B; W) of the sensor layer (123) extend through (Fig. 2A, 2B) the electrically insulative substrate (IS).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Babinot in view of Chen and Harris by substituting the components of the sensor layer of the third embodiment of Harris for the components of the sensor layer of Babinot in view of Chen and Harris such that the sensor layer includes an electrically insulative substrate, an electrical connector coupled to the electrically insulative substrate, and an electrical trace electrically coupled to and between the electrical connector and at least one positive electrode of a cylindrical battery cell, wherein the plurality of apertures of the sensor layer extend through the electrically insulative substrate in order to predictably allow for measuring the voltage of a group (or groups) of cells in the battery module, and cell balancing as taught by Harris ([0105]).
Regarding claim 19, Babinot in view of Chen and Harris discloses wherein: the first layer portion (1LP) has first (Chen annotated Fig. 9; element 1AS) and second arcuate-shaped (Chen annotated Fig. 9; element 2AS) slots that extend from a first edge (Chen annotated Fig. 9; element 1E) thereof into the first layer portion (1LP), the first (1AS) and second arcuate-shaped (2AS) slots being spaced apart from one another; and the second layer portion (2LP) has first (Chen annotated Fig. 9; element 1T) and second (Chen annotated Fig. 9; element 2T) tabs extending toward the first (1AS) and second (2AS) arcuate-shaped slots, respectively.
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Regarding claim 20, Babinot in view of Chen and Harris discloses wherein: the first (1T) and second tabs (2T) contact the positive electrode (Chen [0039]) of the first cylindrical battery cell (1BC) and the positive electrode (Chen [0039]) of the second cylindrical battery cell (2BC), respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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