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 .
Priority
Acknowledgment is made that the instant application was effectively filed on 23 March 2023, but claims priority to Korean Patent Application No. KR 10-2022-0036123, filed on 23 March 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11 Apr 2024, 18 Jun 2024, and 21 Nov 2024 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 103
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 1-4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hammerschmied et al. (U.S. Pub. US 2019/0237817) in view of Watanabe et al. (U.S. Pub. US 2022/0042857).
Regarding claim 1, Hammerschmied teaches a battery pack (100, Fig. 1, see [0027]) comprising:
at least one battery cell (10, Fig. 2);
a circuit board (140, Fig. 2) above the at least one battery cell (10);
and a temperature sensing portion (150/160, Fig. 2, see [0029]) between the battery cell (10) and the circuit board (140)
wherein the temperature sensing portion comprises:
a foam pad portion (portion of 160, Fig. 2);
and a temperature sensor (150, Fig. 2, see [0038-0039]), a first end of the temperature sensor (bottom of 150, Fig. 2) and second end of the temperature sensor (top of 150, Fig. 2).
Hammerschmied does not teach the foam pad portion comprising a through portion therein and a temperature sensor arranged in and passing through the through portion such that a first end portion of the temperature sensor and a second end portion of the temperature sensor are exposed outside of the foam pad portion.
However, Watanabe teaches a foam pad portion (portion of 143, Annotated Fig. 6B, below, see [0045]) comprising a through portion (through portion, Annotated Fig. 6B, below) therein and a temperature sensor (141, Fig. 6B) arranged in (see [0046]) and passing through the through portion such that a first end portion of the temperature sensor (first end portion of temperature sensor 141, Annotated Fig. 6B, below) and a second end portion of the temperature sensor (second end portion of temperature sensor 141, Annotated Fig. 6B, below) are exposed outside of the foam pad portion (portion of 143, see Annotated Fig. 6B and explanation, below).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the foam pad portion of Hammerschmied by forming a through portion for containing the temperature sensor, as taught by Watanabe prevent foreign matter and the like from entering the cavity in which the temperature sensor is disposed ([0030]). Further, Hammerschmied teaches that modifications may be made (see [0045]).
Examiner’s Annotated Fig. 6B
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It is the position of the Examiner that, while applicant appears to be endeavoring to claim a temperature sensor protruding fully from the entire foam pad on both ends, the recitation “exposed outside of the foam pad portion” can be interpreted as follows: a foam pad portion, as depicted in gray in Annotated Fig. 6B, can be any portion of the foam pad (143 of Watanabe), and therefore Watanabe teaches first (upper) and second (lower) ends of the temperature sensor (141) exposed outside of an arbitrary foam pad portion.
Regarding claim 2, Hammerschmied, in view of Watanabe, teaches wherein the temperature sensor (150, Fig. 2) comprises a circuit board connection portion (connection between 150 and 140, Fig. 2) at the first end portion thereof (bottom of 150, Fig. 2).
Regarding claim 3, Hammerschmied, in view of Watanabe, teaches the circuit board connection portion (connection between 150 and 140, Fig. 2) is coupled to a lower end portion of the circuit board (140, Fig. 2) by soldering (see [0040]).
Regarding claim 4, Hammerschmied, in view of Watanabe, teaches the second end portion of the temperature sensor (top of 150, Fig. 2) is attached to the battery cell (10, Fig. 2 see [0041),
It is the position of the Examiner that all of the components of the device taught by Hammerschmied, in view of Watanabe, would necessarily be either indirectly or directly attached to one another. Hence, the battery cell (10) and the second end portion of the modified temperature sensor (top of 150) are attached through the circuit board (140, Fig. 2).
Regarding claim 7, Hammerschmied, in view of Watanabe, teaches a first penetrated surface portion (top surface of foam pad portion forming through portion, 160, see rejection of claim 1 for modification) of the foam pad portion (160) is attached to the circuit board (140 through 131, Fig. 2),
but does not teach a first adhesion portion is on a first penetrated surface portion of the foam pad portion.
However, Watanabe teaches wherein a first adhesion portion (double-sided tape, [0045]) is on a first penetrated surface portion (bottom of 143, Fig. 6B) of the foam pad portion, and the first adhesion portion is attached to the circuit board (110, Fig. 6B, [0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the foam pad portion of Hammerschmied, in view of Watanabe, by adding a first adhesion portion on the first penetrated surface surface of the pad, as taught by Watanabe, to fix the foam pad to the circuit board ([0045]), so temperature can be stably measured ([0024]).
Regarding claim 8, Hammerschmied, in view of Watanabe, teaches wherein the first adhesion portion comprises an adhesive tape (double-sided tape, [0045] of Watanabe, see rejection of claim 7 for modification).
Regarding claim 13, Hammerschmied, in view of Watanabe, teaches the foam pad portion (160) has a hexahedron shape (see explanation, below).
It is the position of the Examiner that the foam pad portion (160) of Hammerschmied has a hexahedron shape, because it has six faces, despite the rounded corners.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hammerschmied et al. (U.S. Pub. US 2019/0237817) in view of Watanabe et al. (U.S. Pub. US 2022/0042857) and further in view of Sundaraaman et al. (KR 2019-0032883, Machine Translation of the record).
Regarding claim 5, Hammerschmied, in view of Watanabe, teaches wherein the battery cell (10, Fig. 1) comprises a vent hole (13, Fig. 1) and the second end portion of the temperature sensor (top of 150, Fig. 2),
but does not teach a plate in the vent hole, and the second end portion of the temperature sensor is attached to the plate.
Sundaraaman teaches a battery cell (110, Fig. 2), comprising a vent plate (125, Fig. 4) in the vent hole (124/220, Fig. 4), with a temperature sensor (271 may replace 211 in Fig. 4, see [0047] of Machine Translation) attached to the plate (125).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the vent holes of Hammerschmied, in view of Watanabe, such that there is a vent plate in the vent hole attached to the temperature sensor, to release pressure build-up in the battery ([0025]).
It is the position of the Examiner that, with the above modification, all of the components of the device taught by Hammerschmied, in view of Watanabe, are either indirectly or directly attached to one another. Hence, the second end portion of temperature sensor (top of 150) is attached to the vent plate (125) as modified.
Regarding claim 6, Hammerschmied, in view of Watanabe and Sundaraaman, teaches wherein the plate (125, Fig. 4 of Sundaraaman) comprises an attachment portion (connection between 125 and 120, Fig. 4 of Sundaraaman), and the second end portion of the temperature sensor (top of 150, Fig. 2) is attached on the attachment portion (see explanation, below).
It is the position of the Examiner that all of the components of the device taught by Hammerschmied, in view of Watanabe, would necessarily be either indirectly or directly attached to one another. Hence the second end portion of the temperature sensor (top of 150) is indirectly attached on the attachment portion of modified plate (125 of Sundaraaman) via the battery cell (10, see rejection of claim 5 for explanation) attached to the circuit board (140), which is in turn attached to the temperature sensor. Further, it has been held that rearrangement of parts requires only routine skill in the art.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hammerschmied et al. (U.S. Pub. US 2019/0237817), in view of Watanabe et al. (U.S. Pub. US 2022/0042857) and further in view of Yoon (U.S. Pub. US 2020/0203782).
Regarding claim 9, Hammerschmied, in view of Watanabe, teaches a second penetrated surface portion (bottom surface of foam pad portion 160 forming through portion, see rejection of claim 1 for modification) of the foam pad portion (160) is attached to a surface of a plate of the battery cell (top of 10, Fig. 2),
but does not teach a second adhesion portion is on a second penetrated surface portion of the foam pad portion.
Yoon teaches a battery module (1000, Fig. 1) comprising a foam pad portion (230, Fig. 4) with a first and second adhesion portion (240a/b, Fig. 4), where the second adhesion portion (240a) is indirectly attached to a battery cell (110e, Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the foam pad portion of Hammerschmied, in view of Watanabe, by adding a second adhesion portion on the second penetrated surface of the pad, as taught by Yoon, to join a compression pad to battery components, thereby assuring performance despite vibration or impact (see [0037 and 0041]).
It is the position of the Examiner that, with the above modification, all of the components of the device taught by Hammerschmied, in view of Watanabe, are either indirectly or directly attached to one another. Hence, the second adhesion surface on the second penetrated surface portion (bottom surface of foam pad portion 160 forming through portion) is attached to the surface plate of battery cell (top of 10).
Regarding claim 10, Hammerschmied, in view of Watanbe and Yoon, teaches the second adhesion portion (240a, Fig. 4 of Yoon, see rejection of claim 9 for modification) comprising an adhesive tape (see [0041] of Yoon).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hammerschmied et al. (U.S. Pub. US 2019/0237817) in view of Watanabe et al. (U.S. Pub. US 2022/0042857) and further in view Wei et al. (CN 103674314, Machine Translation of the record).
Regarding claim 11, Hammerschmied, in view of Watanabe, teaches the temperature sensor (150, Fig. 2),
but does not teach the temperature sensor is of a film type.
Wei, teaches a battery cell (120, Fig. 1) and a temperature sensor (140, Fig. 1), wherein temperature sensor is of a film type (film type thermistor 140, Page4:L38).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Hammerschmied, in view of Watanabe, such that it is a film type sensor, as taught by Wei, to allow for direct contact of the sensor with the battery cell to obtain a more accurate temperature reading (see Page8:L26-29).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hammerschmied et al. (U.S. Pub. US 2019/0237817) in view of Watanabe et al. (U.S. Pub. US 2022/0042857), and Wei et al. (CN 103674314, Machine Translation of the record), and further in view of Kou et al. (JPH 03-90829, Machine Translation of the record).
Regarding claim 12, Hammerschmied, in view of Watanabe and Wei, teaches the temperature sensor (150, Fig. 2) inserted in the through portion (formed through portion in 160, see rejection of claim 1 for modification),
but does not teach wherein the temperature sensor is bent in an “S” shape.
Kou, teaches the temperature sensor (s-shaped temperature sensor, Annotated Fig. 4, below) is inserted in the through portion (27, Fig. 4, Page1:L21-22) and bent in an “S” shape (see explanation below).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the temperature sensor of Hammerschmied, in view of Watanabe Wei, such that it was bent in an “S” shape, as taught by Kou, since it would reduce stress on the assembly (see Page1:L30-34).
Examiner’s Annotated Fig. 4
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It is the position of the Examiner that Kou teaches a temperature sensor comprising the temperature element 23 and the lead wire 24, which combine to form a bent “S” shape, as evidenced by the similarity of the annotated structure and the “long s” depicted in the Wikipedia entry of the record.
Response to Amendment
Applicant’s amendments with respect to claims filed on 26 February 2026 have been entered. Claims 1-13 remain pending in this application and are currently under consideration for patentability
under 37 CFR 1.104. Claim 14 is canceled.
The amendments and remarks filed are sufficient to cure the previous 35 U.S.C.112 (b) rejections set forth in the Non-Final office action mailed on 08 December 2025. The 35 U.S.C. § 103 rejections set forth in the aforementioned action are withdrawn in light of applicant’s arguments and replaced with the new ground of rejection, above.
Response to Arguments
Applicant’s arguments, see Pages 6-7 of Amendment filed 26 February 2026, with respect to the rejections of claims 1-14 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference, Watanabe et al. (U.S. Pub. US 2022/0042857), see 35 U.S.C. § 103 rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cho et al. (KR 20140091123, Machine Translation attached) teaches a temperature sensor (51, Fig. 5) arranged in and passing through a through portion (inserted in 45d, Fig. 5, [0070]) such that that a first end portion of the temperature sensor and a second end portion of the temperature sensor are exposed outside (see Fig. 9) of a spacer performing an analogous function to the foam pad portion of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aidan L Papandria whose telephone number is (571)272-1831. The examiner can normally be reached M-F 8-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AIDAN LACHLAN PAPANDRIA/ Examiner, Art Unit 1723
/TIFFANY LEGETTE/ Supervisory Patent Examiner, Art Unit 1723
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