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 .
Response to Amendment
In response to the amendment received February 18, 2026:
Claims 1-20 are pending.
The previous objection to the drawings is withdrawn in light of the amendment.
The previous claim objections have been withdrawn in light of the amendment.
The previous 112 rejections have been withdrawn in light of the amendment.
The core of the previous prior art rejection is maintained with slight changes made in light of the amendment. Thus the action is final.
Information Disclosure Statement
The information disclosure statements filed November 26, 2025 have been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
The drawings were received on February 18, 2026. These drawings are acceptable.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 8-9, 11-12, 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0103639 (Guglielmo et al.).
As to claim 1, Guglielmo et al. teach a rechargeable lithium-ion battery assembly configured to provide electric power to a vehicle (abs), wherein the rechargeable battery assembly comprises:
a housing [100] sized and shaped to operatively fit within a battery compartment of the vehicle (fig. 3; para 0056; claim 1);
a plurality of battery modules [200] disposed in an interior of the housing [100] (fig. 1), wherein each battery module of the plurality of battery modules comprises:
a subassembly casing (protective case [204]),
a positive terminal [211] and a negative terminal [212] disposed to be accessible from outside the subassembly casing (figs 14-17),
a plurality of lithium-ion battery cells [1710] disposed within the casing [204] and interconnected with the positive and negative terminals to provide an electrical potential between the positive and negative terminals (figs. 16, 24A, 24B; para 0056),
a printed circuit board (PCB) [1722] disposed in an orientation relative to the plurality of battery cells [1710] within the casing such that a first end of each battery cell of the plurality of lithium-ion battery cells is adjacent to the PCB (fig. 16; para 0035), wherein said PCB further comprises:
a collector plate (plates [701-709] associated with the PCB [1722] side) electrically coupled with each of the plurality of lithium-ion battery cells (figs. 24A, 24B; para 0108-011), and
a subassembly processor (battery supervisor system (BSS) [1700]) configured to obtain real-time operational information about the plurality of lithium-ion battery cells (para 0078, 0080-0081),
a first thermally conductive gap filler (thermally conductive glue/adhesive [1721] ([1721a], [1721b]) (figs. 16, 18) disposed to contact the first end of each battery cell of the plurality of lithium-ion battery cells and to contact the collector plate, wherein the first thermally conductive gap filler configured to transfer heat between the collector plate (at the very least, direct contact) and each battery cell of the plurality of lithium-ion battery cells (figs. 16, 18, 24A, 24B; para 0018, 0077, 0079-0080, 0108), and
a second thermally conductive gap filler [1726] disposed to contact a second end of each battery cell [1710] of the plurality of battery cells and to contact the subassembly casing (enclosure [204]), wherein the second thermally conductive gap filler configured to transfer heat between each battery cell of the plurality of lithium-ion battery cells and the subassembly casing (fig. 18; para 0079).
As to claim 2, Guglielmo et al. teach the rechargeable battery assembly is configured to provide electric power to an industrial forklift (fig. 3; para 0056).
As to claim 3, Guglielmo et al. teach for each of the plurality of battery cell subassemblies:
the PCB [1722] further comprises a plurality of thermistors (indicated by having temperature monitors regarding modules and banks) disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly) and electrically connected with the subassembly processor (battery supervisor system (BSS) [1700]); and the subassembly processor is configured to take temperature measurements using the plurality of thermistors (para 0078-0082; figs. 16, 24A, 24B).
As to claim 8, Guglielmo et al. teach the subassembly casing comprises a base (protective case [204]) and a cover (top sheath [203]) (now interpreted to be art of the subassembly casing) (fig. 14);
the base (protective case [204]) disposed to be in contact with the second thermally conductive gap filler [1726]); and the base is comprised of aluminum (fig. 18; para 0075).
As to claim 9, Guglielmo et al. teach for each battery module of the plurality of battery modules, each battery cell of the plurality of lithium-ion battery cells is a lithium iron phosphate battery cell (LFP, set out as the most preferable type) (para 0004; para 0056-0057).
As to claim 11, Guglielmo et al. teach an electrically-powered forklift truck [130] configured to be powered by a battery power source (fig. 3; para 0021, 0056), comprising:
a battery assembly compartment (battery compartment [122]); and
a battery assembly configured to provide electrical power to the forklift truck and disposed within the battery assembly compartment (fig. 3; para 0056), the battery assembly including:
an assembly housing [100] sized to operatively fit within a battery compartment assembly compartment [122] (fig. 3; para 0056; claim 1);
a plurality of battery modules [200] disposed in an interior of the assembly housing [100] (fig. 1), each battery module of the plurality of battery modules comprises:
a subassembly casing (protective case [204]),
a positive terminal [211] and a negative terminal [212] disposed to be accessible from outside the subassembly casing (figs 14-17),
a plurality of battery cells [1710] disposed within the casing [204] and interconnected with the positive and negative terminals to provide an electrical potential between the positive and negative terminals (figs. 16, 24A, 24B),
a printed circuit board assembly (PCBA) [1722] disposed within the subassembly casing [204] adjacent to a first end of each of the plurality of battery cells is adjacent to the PCBA (fig. 16; para 0035), the PCBA including:
a collector plate (plates [701-709] associated with the PCB [1722] side) electrically coupled with each battery cell of the plurality of battery cells (figs. 24A, 24B; para 0108-011), and
a battery management system (BMS) (battery supervisor system (BSS) [1700]) configured to obtain real-time operational information about the plurality of battery cells (para 0078, 0080-0081),
a first thermally conductive gap filler (thermally conductive glue/adhesive [1721] ([1721a], [1721b]) (figs. 16, 18) disposed to contact the first end of each battery cell of the plurality of battery cells and to contact the collector plate, wherein the first thermally conductive gap filler is configured to transfer heat between the collector plate (at the very least, direct contact) and each battery cell of the plurality of battery cells (figs. 16, 18, 24A, 24B; para 0018, 0077, 0079-0080, 0108), and
a second thermally conductive gap filler [1726] is disposed to contact a second end of each battery cell [1710] of the plurality of battery cells and to contact the subassembly casing (enclosure [204]), the second thermally conductive gap filler configured to transfer heat between each battery cell of the plurality of battery cells and the subassembly casing (fig. 18; para 0079).
As to claim 12, Guglielmo et al. teach for each battery module of the plurality of battery modules:
the PCBA (PCB [1722]) further comprises a plurality of thermistors (indicated by having temperature monitors regarding modules and banks) disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly) and electrically connected with the BMS (battery supervisor system (BSS) [1700]); and the BMS is configured to take temperature measurements using the plurality of thermistors (para 0078-0082; figs. 16, 24A, 24B).
As to claim 16, Guglielmo et al. teach a rechargeable battery assembly comprising (abs):
an assembly casing (protective case [204]),
a positive terminal [211] and a negative terminal [212] disposed to be accessible from outside the subassembly casing (figs 14-17),
a plurality of battery cells [1710] disposed within the casing [204] and interconnected with the positive and negative terminals to provide an electrical potential between the positive and negative terminals (figs. 16, 24A, 24B),
a printed circuit board assembly (PCB) [1722] disposed within the assembly casing [204] adjacent to a first end of each battery cell of the plurality of battery cells (fig. 16; para 0035) and comprising a collector plate (plates [701-709] associated with the PCB [1722] side) electrically coupled with each battery cell of the plurality of battery cells (figs. 24A, 24B; para 0108-011),
wherein, for each battery cell of the plurality of cells:
a first thermally conductive gap filler (thermally conductive glue/adhesive [1721] ([1721a], [1721b]) (figs. 16, 18) disposed to contact the first end of each battery cell of the plurality of battery cells and to contact the collector plate, wherein the first thermally conductive gap filler is configured to transfer heat between the collector plate (at the very least, direct contact) ([701]709]) and each battery cell of the plurality of battery cells (figs. 16, 18, 24A, 24B; para 0018, 0077, 0079-0080, 0108), and
a second thermally conductive gap filler [1726] is disposed to contact a second end of each battery cell [1710] of the plurality of battery cells and to contact the subassembly casing (enclosure [204]), the second thermally conductive gap filler configured to transfer heat between each battery cell of the plurality of battery cells and the assembly casing (fig. 18; para 0079).
As to claim 17, Guglielmo et al teach the PCB [1722] further comprises:
a plurality of thermistors disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly); and
an assembly processor (battery supervisor system (BSS) [1700]); configured to take temperature measurements using the plurality of thermistors (para 0078-0082; figs. 16, 24A, 24B).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guglielmo et al., as applied to claims 1, 3, 11, 12, 16, and 17 above, in view of US 2015/0236386 (Yang et al.).
As to claim 4, Guglielmo et al. teach the plurality of battery cell subassemblies and a plurality of thermistors is disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly), wherein the first thermally conductive gap filler (thermally conductive glue [1721, 1721a, 1721b]) is in contact with the plurality of cells (para 0078-0082; figs. 16, 18, 24A, 24B).
Guglielmo et al. do not teach that the thermistors contact one of the first thermally conductive gap fillers; and for each of the plurality of thermistors, the thermistor is configured to measure a temperature of the first thermally conductive gap filler.
However, Yang et al. teach of having thermistors through thermally conductive material to measure a temperature gradient across a battery pack (para 0082). The motivation for having thermistors contact one of the first thermally conductive gap fillers; and for each of the plurality of thermistors, the thermistor is configured to measure a temperature of the first thermally conductive gap filler is to measure a gradient across the battery pack with a low temperature gradient indicating safety (para 0082). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have thermistors contact one of the first thermally conductive gap fillers; and for each of the plurality of thermistors, the thermistor is configured to measure a temperature of the first thermally conductive gap filler (as taught by Yang et al. and applied to Guglielmo et al.) in order to measure a gradient across the battery pack with a low temperature gradient indicating safety.
As to claim 13, Guglielmo et al. teach the plurality of battery modules and a plurality of thermistors is disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly), wherein the first thermally conductive gap filler (thermally conductive glue [1721, 1721a, 1721b]) is in contact with the plurality of battery cells (para 0078-0082; figs. 16, 18, 24A, 24B).
Guglielmo et al. do not teach that each thermistor of the plurality of thermistors is configured to measure a temperature of the first thermally conductive gap filler.
However, Yang et al. teach of having thermistors through thermally conductive material to measure a temperature gradient across a battery pack (para 0082). The motivation for having each thermistor of the plurality of thermistors is configured to measure a temperature of the first thermally conductive gap filler is to measure a gradient across the battery pack with a low temperature gradient indicating safety (para 0082). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have each thermistor of the plurality of thermistors is configured to measure a temperature of the first thermally conductive gap filler (as taught by Yang et al. and applied to Guglielmo et al.) in order to measure a gradient across the battery pack with a low temperature gradient indicating safety.
As to claim 18, Guglielmo et al. teach a plurality of thermistors is disposed on the collector plate (plates [701-709] associated with the PCB [1722] side) (at the very least indirectly) (para 0078-0082; figs. 16, 18, 24A, 24B).
Guglielmo et al. do not teach that each thermistor of the plurality of thermistors is configured to measure a temperature of the first thermally conductive gap filler.
However, Yang et al. teach of having thermistors through thermally conductive material to measure a temperature gradient across a battery pack (para 0082). The motivation for having for each of the plurality of thermistors, the thermistor is configured to measure a temperature of the first thermally conductive gap filler is to measure a gradient across the battery pack with a low temperature gradient indicating safety (para 0082). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to for each of the plurality of thermistors, the thermistor is configured to measure a temperature of the first thermally conductive gap filler (as taught by Yang et al. and applied to Guglielmo et al.) in order to measure a gradient across the battery pack with a low temperature gradient indicating safety.
Claim(s) 5-7, 14, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guglielmo et al., as applied to claims 1, 3, 11, 12, 16, and 17 above, in view of US 2017/0125861 (Machida).
As to claim 5, Guglielmo et al. teach each module processor (battery supervisor system (BSS) [1700]) is configured to determine an estimated battery temperature for the plurality of lithium-ion battery cells based on the temperature measurements from the plurality of thermistors (as temperatures of “banks” are taken by the thermistors rather than from individual cells, constituting the claimed estimated battery temperature (para 0078, 0080-0082));
the rechargeable battery assembly further comprises:
a plurality of cooling fans configured to cool the plurality of battery modules by moving air past the plurality of battery modules (fig. 12; para 0072).
Guglielmo et al. do not teach that a supervisory processor configured to: communicate with the subassembly processor of each battery module of the plurality of battery modules to obtain the estimated battery temperature of each battery module of the plurality of battery modules, and activate the cooling fans in response to determining that the estimated battery temperature for at least one a battery module of the plurality of battery modules is above a threshold temperature.
However, Machida teaches using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperature for a battery module is above a threshold temperature (figs. 2-3; para 0009, 0021). The motivation using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperatures for a battery module is above a threshold temperature is to address abnormality/a rise in temperature (para 0040, 0048). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to use a controller to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperature for a battery module is above a threshold temperature (as taught by Machida et al., and applied to the plurality of modules of Guglielmo et al., wherein Guglielmo et al. uses estimated temperatures – thus yielding a supervisory processor configured to: communicate with the subassembly processor of each battery module of the plurality of battery modules to obtain the estimated battery temperature of each battery module of the plurality of battery modules, and activate the cooling fans in response to determining that the estimated battery temperature for at least one a battery module of the plurality of battery modules is above a threshold temperature) in order to address abnormality/a rise in temperature.
(Note: At the very least the use of a further supervisory processor upstream of the subassembly processor (which is upstream of a BMS) is known in the art, as set forth in Guglielmo et al., as Guglielmo et al. teach of such a relationship between PCB [1722] and BSS [1700]). Accordingly, a further upstream processor (supervisory processor) is a duplication of parts at an upstream level. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a further supervisory processor (upstream and connected to the subassembly processors), since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Also see MPEP §2144.04(VI)(B).)
As to claim 6, the combination renders the limitation obvious, as Machida, relied upon to render obvious the supervisory processor (controller [40]) and the configuration therein, teaches the threshold temperature is a predetermined threshold temperature programmed to the supervisory processor (abnormality in temperature characteristic) (para 0021, 0040). See the rejection to claim 5 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake.
As to claim 7, the combination renders the limitation obvious, as Machida, relied upon to render obvious the supervisory processor (controller [40]) and the configuration therein, teaches the threshold temperature is determined by the supervisory processor relative to an ambient temperature (as ambient temperature is taken into account regarding the sensors) (para0025, 0028, 0030, 0037). See the rejection to claim 5 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake.
As to claim 14, Guglielmo et al. teach the BMS (battery supervisor system (BSS) [1700]) is configured to determine an estimated battery temperature for the plurality of battery cells based on the temperature measurements from the plurality of thermistors (as temperatures of “banks” are taken by the thermistors rather than from individual cells, constituting the claimed estimated battery temperature (para 0078, 0080-0082));
The battery assembly further comprises:
a plurality of cooling fans configured to cool the plurality of battery modules by moving air past each battery modules of the plurality of battery modules (fig. 12; para 0072).
Guglielmo et al. do not teach that a supervisory processor configured to: communicate with the BMS to obtain the estimated battery temperature of the plurality of battery cells, and activate the cooling fans in response to determining that the estimated battery temperature of at least battery module of the plurality of battery modules is above a threshold temperature.
However, Machida teaches using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperature for a battery module (representative of the temperature of the cells within) is above a threshold temperature (figs. 2-3; para 0009, 0021). The motivation using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperatures for a battery module (representative of the temperature of the cells within) is above a threshold temperature is to address abnormality/a rise in temperature (para 0040, 0048). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to use a controller to obtain the battery temperature of a battery module (representative of the temperature of the cells within), and activate the cooling fans in response to determining that one of the battery temperature for a battery module is above a threshold temperature (as taught by Machida et al., and applied to the plurality of modules of Guglielmo et al., wherein Guglielmo et al. uses estimated temperatures – thus yielding a supervisory processor configured to: communicate with the BMS to obtain the estimated battery temperature of the plurality of battery cells, and activate the cooling fans in response to determining that the estimated battery temperature of at least battery module of the plurality of battery modules is above a threshold temperature) in order to address abnormality/a rise in temperature.
(Note: At the very least the use of a further supervisory processor upstream of the subassembly processor (which is upstream of a BMS) is known in the art, as set forth in Guglielmo et al., as Guglielmo et al. teach of such a relationship between PCB [1722] and BSS [1700]). Accordingly, a further upstream processor (supervisory processor) is a duplication of parts at an upstream level. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a further supervisory processor (upstream and connected to the subassembly processors), since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Also see MPEP §2144.04(VI)(B).)
As to claim 15, the combination renders the limitation obvious, as Machida, relied upon to render obvious the supervisory processor (controller [40]) and the configuration therein, teaches the threshold temperature one of:
a predetermined threshold temperature (abnormality in temperature characteristic) (para 0021, 0040); and
a temperature determined relative to an ambient temperature (as ambient temperature is taken into account regarding the sensors) (para0025, 0028, 0030, 0037).
See the rejection to claim 5 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake.
As to claim 19, Guglielmo et al. teach the battery assembly is part of a battery system, the battery system including:
a cooling fan [120] positioned to cool the battery assembly (fig. 12; para 0072); and
a supervisory controller (battery supervisor system (BSS) [1700]) configured to:
communicate with the assembly processor (PCB [1722]) to obtain an estimated battery temperature of the plurality of battery cells estimated by the assembly processor (PCB [1722]) using measurements from the plurality of thermistors (as temperatures of “banks” are taken by the thermistors rather than from individual cells, constituting the claimed estimated battery temperature (para 0078, 0080-0082)).
Guglielmo et al. do not teach that the controller is configured to activate the cooling fan in response to determining that the estimated battery temperature is above a threshold temperature.
However, Machida teaches using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperature for a battery module is above a threshold temperature (figs. 2-3; para 0009, 0021). The motivation using a controller [40] to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperatures for a battery module is above a threshold temperature is to address abnormality/a rise in temperature (para 0040, 0048). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to use a controller to obtain the battery temperature of a battery module, and activate the cooling fans in response to determining that one of the battery temperature for a battery module is above a threshold temperature (as taught by Machida et al., and applied to the system of Guglielmo et al., wherein Guglielmo et al. uses estimated temperatures – thus yielding a supervisory controller configured to: communicate with each subassembly processor to obtain the estimated battery temperature of each battery module, and activate the cooling fans in response to determining that one of the estimated battery temperatures for a battery module is above a threshold temperature) in order to address abnormality/a rise in temperature.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guglielmo et al., as applied to claims 1 and 16 above, in view of WO 2019/083177A1 / US 2020/0194853 (Yoo et al.). (Note: Both Yoo references apply as prior art with different dates. The US document is relied upon as the English translation of the WO document, as both documents pertain to the same PCT.)
As to claim 10, Guglielmo et al. do not teach that each of the first thermally conductive gap filler and the second thermally conductive gap filler comprises a silicone-based material.
However, Yoo et al. teach of filler material including silicone resin (para 0054; fig. 1 [300]).
The substitution of one filler material (silicone, as in Yoo et al.) for another (material undisclosed in Guglielmo et al.) would yield the predictable result of acting as thermally conductive fillers (substituted components and functions known). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to substitute silicone the first thermally conductive gap filler and second thermally conductive gap filler, as the substitution would yield the predictable result of acting as thermally conductive fillers (substituted components and functions known). “When considering obviousness of a combination of known elements, the operative question is thus "whether the improvement is more than the predictable use of prior art elements according to their established functions." Id . at ___, 82 USPQ2d at 1396.” See MPEP §2141(I).
As to claim 20, Guglielmo et al. teach each battery cells of the plurality of battery cells is a lithium-ion battery (para 0056);
a base of the assembly casing (protective case [204]), which is in contact with the second thermally conductive gap filler [1726]), is comprised of aluminum (fig. 18; para 0075).
Guglielmo et al. do not teach that the first thermally conductive gap filler and the second thermally conductive gap filler comprises a silicone-based material.
However, Yoo et al. teach of filler material including silicone resin (para 0054; fig. 1 [300]).
The substitution of one filler material (silicone, as in Yoo et al.) for another (material undisclosed in Guglielmo et al.) would yield the predictable result of acting as thermally conductive fillers (substituted components and functions known). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to substitute silicone the first thermally conductive gap filler and the second thermally conductive gap filler, as the substitution would yield the predictable result of acting as thermally conductive fillers (substituted components and functions known). “When considering obviousness of a combination of known elements, the operative question is thus "whether the improvement is more than the predictable use of prior art elements according to their established functions." Id . at ___, 82 USPQ2d at 1396.” See MPEP §2141(I).
Response to Arguments
Applicant's arguments filed February 18, 2026 have been fully considered but they are not persuasive.
Applicant argues (with respect to claims 1, 11, and 16) that Guglielmo et al.’s plastic tray between is a thermal insulator and thus prohibits the utilization of the thermally conductive glue from being transferred to the battery cell from the PCB (citing fig. 18 and para 0079).
Examiner respectfully disagrees. Although Guglielmo et al. teaches the tray is plastic, not mention of a thermally insulative property is set forth in para 0079. Thus, the same structure as that exists, and thus the prior art is configured in the same manner as the claim (to allow for thermal transfer, as any heat would at least in some manner be transmitted through the materials). Thus, the argument is not persuasive and the rejection of record is maintained.
Applicant argues that Guglielmo et al. does not teach that the printed circuit board and the collector plate are made of a single piece (citing para 0087 of the disclosure).
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the structure is a single piece, as described in para 0087 of the disclosure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Thus, the argument is not persuasive and the rejection of record is maintained.
Applicant argues that figs. 24A-24B, relied upon in the rejection, is an alternative embodiment which does not show the presence features present (i.e. thermally conductive adhesive, PCB).
Examiner respectfully disagrees. The alternative embodiment of figs. 24A-24B appear to be directed towards the handle and sliding (para 0101). The presence and highlighting of different external features does not mean that interior features are not present. For non-limiting example, figs. 24A-24B also do not show the presence of the batteries within the specific casing. However, the presence of batteries (as shown in the initial embodiment) would still be present. An alternative embodiment that highlights the differences and does not redefine the presence of all similar features does not mean that those features are not present. Thus, the argument is not persuasive, and the rejection of record is maintained.
Applicant argues (regarding claims 3, 12, and 17), that the plurality of thermistors would make the application allowable as (1) thermistors integrated on the PCB, (2) thermistors disposed on the collector plate is not taught, and (3) no mechanism to temperature measurement is set forth.
Examiner respectfully disagrees.
Regarding (1): In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., integrated thermistors within one piece) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding (2): Nothing in the claim language precludes the interpretation taken regarding the art (indirect disposal).
Regarding (3): Guglielmo et al.’s para 0078-0082 indicates that temperature measurement is taken.
Thus, the arguments are not persuasive and the rejection of record is maintained.
Applicant argues (regarding claim 4, 13, and 18), that the Office’s interpretation of Yang is incorrect, as Yang et al. does not teach temperature measurement during operation.
Examiner respectfully disagrees.
This argument is piecemeal analysis, as Yang et al. is relied upon to render obvious what is measured rather than the operation (structural teaching). The primary reference, Guglielmo et al., indicates that temperature measurement is taken (para 0078-0082). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Thus, the argument is not persuasive, and the rejection of record is maintained.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
With respect to the arguments regarding the 103 rejections, Applicant argues that the prior art used to render obvious the rejected claims (Yang et al., Yoo et al., and Machida) do not cure the deficiencies of the rejection applied to the independent claim (Guglielmo et al.). Applicant does not argue how the combination is not proper. Therefore, the Examiner maintains the obviousness rejections and upholds the rejection to the independent claim, as above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENIA WANG whose telephone number is (571)272-4942. The examiner can normally be reached a flex schedule, generally Monday-Thursday 5:30 -7:30(AM) and 9:00-4:30 ET.
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/EUGENIA WANG/Primary Examiner, Art Unit 1759