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 .
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.
Claim 21 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 21 lines 12-13 states: “…and/or said configuration according to claim 12” This is unclear as if it is “or” the claim 21 would not add any new claim limitations and just be claim 12.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10, 12, 14-16 and 18-21 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Kang (US 2023/0344027).
As to claim 1, Kang discloses a temperature sensor ([0010], figure 12 #230, [0123], discussed throughout) configuration for a cell contacting system for contacting energy storage cells of an energy storage device (figure 1, figure 12 #153, [0134], discussed throughout), the temperature sensor (figure 12 #230, [0123], discussed throughout) configuration: connections (figure 12 #141, [0151], discussed throughout); at least one sensor element (figure 12 #230, [0150], discussed throughout) being connectable to a circuit board (figure 12 #210, [0118], discussed throughout) via said connections (figure 12 #141 and #142, [0151], discussed throughout); and a shaped housing element supporting said at least one sensor element (figure 12 #243, [130], discussed throughout); a mechanical connector disposed on said shaped housing element and serving to fix said shaped housing element to the circuit board (figure 12 #242, [0130], discussed throughout).
As to claim 2, Kang discloses wherein, said mechanical connector is connectable to the circuit board via a snap connection (figure 12 #242, [0130], [0136]-[0139]).
As to claim 3, Kang discloses wherein, said shaped housing element includes an elastically deflectable spring arm (figure 12 #242, [0130], [0136]-[0139]), with which said at least one sensor element in a mounted state is pressed against an upper side of the energy storage device or the energy storage cell (figure 12 #230 is the sensor element or #220, [0122] and #153, [0134]).
As to claim 4, Kang discloses wherein, said shaped housing element has a contact element made of a thermally conductive, elastic material (figure 12 #220, [0134]), via which said at least one sensor element is pressed against an upper side of the energy storage device or the energy storage cell (figure 12 #220, [0134] and #153, [0134]).
As to claim 5, Kang discloses wherein, further comprising a sensor circuit board having electrical connections (figure 12 #210, discussed throughout), said at least one sensor element is disposed on said sensor circuit board, and said sensor circuit board is at least partially enclosed by said shaped housing element (figure 12 #210, #243, #230, discussed throughout).
As to claim 6, Kang discloses wherein, said sensor circuit board is pushed into said shaped housing element (figure 12 #210, and #243, discussed throughout).
As to claim 7, Kang discloses wherein, said shaped housing element has a chamber formed therein (figure 12 #243, discussed throughout), said at least one sensor element is disposed in said chamber (figure 12 #230, discussed throughout); and further comprising a flexible contact element disposed on a side of said chamber facing away from said connections for said at least one sensor element (figure 12 #220, discussed throughout), said flexible contact element is in contact with said at least one sensor element and projects beyond said shaped housing element at its end facing away from said connections of said at least one sensor element (figure 12 #220, 243 and #230, discussed throughout).
As to claim 8, Kang discloses wherein, said chamber is open to a side of said connections of said at least one sensor element (figure 12 #220, 243 and #230, discussed throughout).
As to claim 9, Kang discloses wherein, said shaped housing element has a base, said base has a side which faces away from said at least one sensor element and serves as a mounting face (figure 12 #230 and #243, discussed throughout).
As to claim 10, Kang discloses wherein, further comprising at least one mechanical connector disposed on said base; or further comprising at least two mechanical connectors disposed on said base (figure 12 #242, discussed throughout).
As to claim 12, Kang discloses a configuration comprising: a circuit board (figure 12 #210, discussed throughout); and said temperature sensor configuration according to claim 1 (see claim 1 above), wherein said shaped housing element is positioned on a side of said circuit board facing the energy storage device (figure 12 #243, discussed throughout) and said mechanical connector passes through said circuit board (figure 12 #242, discussed throughout).
As to claim 14, Kang discloses wherein, said mechanical connector forms a detent connection to said circuit board (figure 12 #242 is in a hole that could be considered a denent).
As to claim 15, Kang discloses wherein, said circuit board has a slot shaped through opening formed therein, through said slot shaped through opening said sensor circuit board is inserted into said shaped housing element when said temperature sensor configuration is fixed to said circuit board (figure 12 #243, #230 and #210).
As to claim 16, Kang discloses wherein, further comprising a support structure being connectable to the energy storage device or the energy storage cells, said support structure having a first side which faces the energy storage device and which serves as a mounting side on the energy storage device, and a second side facing away from the energy storage device, said circuit board being fastened to said second side of said support structure (figures 7, 8, and 14 #250, discussed throughout).
As to claim 18, Kang discloses further comprising cell connectors, a connection of said support structure to the energy storage device or the energy storage cells is established via said cell connectors (figure 7 #171, bus bars).
As to claim 19, Kang discloses wherein, said support structure is connected to said cell connectors to form a module (figure 7 and throughout the module is #200 and everything is electrically connected).
As to claim 20, Kang discloses wherein, further comprising electrical connection elements, said cell connectors are connected to said circuit board via said electrical connection elements (figure 7 #160, connectors).
As to claim 21, Kang discloses an energy storage device (figure 1, [0010], discussed throughout) comprising: a plurality of energy storage cells disposed in a row (figure 5 #150, discussed throughout); a temperature sensor configuration for a cell contacting system for contacting said energy storage cells (figure 12 #230, discussed throughout), said temperature sensor configuration containing: connections (figure 12 #241, discussed throughout); at least one sensor element being connectable to a circuit board via said connections (figure 12 #210, discussed throughout); a shaped housing element supporting said at least one sensor element (figure 12 #243, discussed throughout); and a mechanical connector disposed on said shaped housing element and serving to fix said shaped housing element to the circuit board (figure 12 #242, discussed throughout); and/or said configuration according to claim 12 (see claim 12 above).
Claims 1-10, 12-15 and 21 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Ryu (US 2016/0204481).
As to claim 1, Ryu discloses a temperature sensor (figure 3, discussed throughout) configuration for a cell contacting system for contacting energy storage cells of an energy storage device (figure 1 discussed throughout), the temperature sensor configuration: connections (figure 3 and 4 #198 or 195 or 151, discussed throughout); at least one sensor element being connectable to a circuit board via said connections (figure 4 #150, discussed throughout); and a shaped housing element supporting said at least one sensor element (figure 3 #190, discussed throughout); a mechanical connector disposed on said shaped housing element and serving to fix said shaped housing element to the circuit board (figure 3 #195, discussed throughout).
As to claim 2, Ryu discloses wherein, said mechanical connector is connectable to the circuit board via a snap connection (figures 3 and 4 #195, [0061]-[0062], discussed throughout).
As to claim 3, Ryu discloses wherein, said shaped housing element includes an elastically deflectable spring arm (figure 3 and 8 #198 and #195, [0053], discussed throughout), with which said at least one sensor element in a mounted state is pressed against an upper side of the energy storage device or the energy storage cell (figure 4 #185 and #110, discussed throughout).
As to claim 4, Ryu discloses wherein, said shaped housing element has a contact element made of a thermally conductive, elastic material ([0053], discussed throughout), via which said at least one sensor element is pressed against an upper side of the energy storage device or the energy storage cell (figure 3 and 4 #185 and #110, discussed throughout).
As to claim 5, Ryu discloses wherein, further comprising a sensor circuit board having electrical connections, said at least one sensor element is disposed on said sensor circuit board, and said sensor circuit board is at least partially enclosed by said shaped housing element (figure 4 #151, 152 #150 #190 and #180).
As to claim 6, Ryu discloses wherein, said sensor circuit board is pushed into said shaped housing element (figure 4 #190 and #150).
As to claim 7, Ryu discloses wherein, said shaped housing element has a chamber formed therein (figure 3 and 4 #190), said at least one sensor element is disposed in said chamber (figure 3 and 4 #180); and further comprising a flexible contact element disposed on a side of said chamber facing away from said connections for said at least one sensor element, said flexible contact element is in contact with said at least one sensor element and projects beyond said shaped housing element at its end facing away from said connections of said at least one sensor element (figure 4 #199, the pad is on the outside, it is flexible, and it is connected to everything thermally, discussed throughout).
As to claim 8, Ryu discloses wherein, said chamber is open to a side of said connections of said at least one sensor element (figure 3 and 4, the chamber #190 is open at the top, discussed throughout).
As to claim 9, Ryu discloses wherein, said shaped housing element has a base, said base has a side which faces away from said at least one sensor element and serves as a mounting face (figure 3 and 4 #191, discussed throughout).
As to claim 10, Ryu discloses wherein, further comprising at least one mechanical connector disposed on said base (figures 3 and 4 #195); or further comprising at least two mechanical connectors disposed on said base (figures 3 and 4 #195).
As to claim 12, Ryu discloses a configuration comprising: a circuit board (figure 4 #150, discussed throughout); and said temperature sensor configuration according to claim 1 (see claim 1 above), wherein said shaped housing element is positioned on a side of said circuit board facing the energy storage device and said mechanical connector passes through said circuit board (figure 4).
As to claim 13, Ryu discloses wherein, said shaped housing element is positioned on said side of said circuit board facing the energy storage device and said electrical connections pass through said circuit board (figure 4 #181 and #151 pass through the circuit board #150 and the housing is #190).
As to claim 14, Ryu discloses wherein, said mechanical connector forms a detent connection to said circuit board (figure 4).
As to claim 15, Ryu discloses wherein, said circuit board has a slot shaped through opening formed therein (figure 4 #150, discussed throughout), through said slot shaped through opening said sensor circuit board is inserted into said shaped housing element when said temperature sensor configuration is fixed to said circuit board (figure 4 #150, #180 and #190).
As to claim 21, Ryu discloses an energy storage device (figure 1) comprising: a plurality of energy storage cells disposed in a row (figure 1 #10, discussed throughout); a temperature sensor configuration for a cell contacting system for contacting said energy storage cells (figure 3 and 4 #180), said temperature sensor configuration containing: connections (figure 3 and 4 #198 or 195 or 151, discussed throughout); at least one sensor element being connectable to a circuit board via said connections (figure 4); a shaped housing element supporting said at least one sensor element (figure 3 and 4 #190); and a mechanical connector disposed on said shaped housing element and serving to fix said shaped housing element to the circuit board (figure 3 and 4 #198 or 195, discussed throughout); and/or said configuration according to claim 12 (see above).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kang as applied to claim 1 above, and further in view of Bollmann (US 2019/0334154) or Schwarzwalder (US 2022/0158149).
As to claim 11, Kang is silent to wherein said housing part is a plastic part. However, given the connection between the housing and the circuit board is a snap fit. Bolmann discloses a battery (figure 1, [0033]) wherein plastic is used in a snap fit ([0048]). Schwarzwalder discloses a battery pack ([0006]) wherein plastic is used in a snap fit ([0034]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the body of Kang as a plastic as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. This is the amount of structural requirements within claim 17 is not disclosed or obvious over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US2010/0136392 and KR 2020 0106293.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724