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 § 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.
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(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geere DE102012011607.
With respect to claim 15, Giere discloses a method for producing a cell-contacting system 100 for a cell assembly of energy storage cells of an electrical energy store [0001; Abstract], the method comprising:
forming a first part of a conductive pattern 23 for interconnection of the energy storage cells by structuring of a conductive material 22/23, wherein the structuring comprises extraction of cut-outs from the conductive material 23; [0026-0029; 0043]
integrating the structured conductive material 22/23 in an electrically insulating carrier 21 by joining [0010; 0017-0021; 0026-0027; 0043], which is achieved by primary forming of an insulating material 21, wherein the insulating material, for a purpose of mechanically connecting conductor tracks of the conductive pattern 23, is arranged at least locally in the cut-outs [0027], and wherein access openings 27 are formed in the insulating material 21 for exposure of conductor track sections 23 serving as cell contacts, and for configuration of at least one second part of the conductive pattern [Figure 1]; and
forming the at least one second part of the conductive pattern by further structuring of the conductive material 23, wherein further cut-outs are extracted from the conductive material via the access openings in the insulating material 21.[0027-0030]
Giere discloses wherein at least one bending edge 24 is configured in the carrier by forming line-shaped material recesses in the carrier and wherein, by way of the at least one bending edge 24, at least one edge region of the cell- contacting system is folded to form a frame which at least partially encloses the cell assembly [Figure 1].
Although Giere does not specifically disclose wherein forming line-shaped material recesses in the carrier are configured during primary forming of the insulating material, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to change the order of steps to form the line-shaped material recesses in the carrier during primary forming of the insulating material. The courts have held that selection of any order of performing process steps and order of mixing ingredients is prima facie obvious in the absence of new or unexpected results (forming the line-shaped material recesses in the carrier before or after primary forming). See In re Burhans, 154 F.2d 690, 69 USPQ 330, (CPA 1946) and In re Gibson, 39 F.2d 975, 5 USPG 230 (CCPA 1930) (see MPEP § 2144.04)
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the cell-contacting system of Giere, to form the line-shaped material recesses in the carrier during primary forming of the insulating material in order to reduce the number of steps since the courts have held that selection of any order of performing process steps and order of mixing ingredients is prima facie obvious in the absence of new or unexpected results. See In re Burhans, 154 F.2d 690, 69 USPQ 330, (CPA 1946) and In re Gibson, 39 F.2d 975, 5 USPG 230 (CCPA 1930) (see MPEP § 2144.04)
PNG
media_image1.png
666
598
media_image1.png
Greyscale
With respect to claim 16, Giere discloses wherein the cut-outs are extracted from the conductive material by stamping. [0005-0010; 0043]
With respect to claim 17, Giere discloses wherein the structured conductive material 23, for joining by primary forming, is over-molded in the insulating material 21. [0030-0031; Figure 1; 0043]
With respect to claim 18, Giere discloses wherein during the primary forming of the insulating material 21, locators 32 for the energy storage cells are produced. [Figure 1; 0043-0048]
With respect to claim 19, Giere discloses wherein by the structuring of the conductive material 22/23, conductor track sections 23 are produced in a form of power terminals for contact-connection of the cell assembly. [0040-0047]
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geere DE102012011607 as applied to claim 15 above in further view of Ota et al. (US2018/0047968)
With respect to claim 20, Giere discloses wherein the conductor track sections which form the cell contacts emanate from the carrier in a stepped arrangement Figure 1]
Giere does not disclose wherein the conductor track sections which form the cell contacts emanate from the carrier in a stepped arrangement, and form a planar, leaf spring-like contact surface.
Ota et al. discloses a cell-contacting system for a cell assembly of energy storage cells wherein the conductor track sections form a planar, leaf spring-like contact surface [Figure 15A; Figure 15B-Figure 20; 0090-0096]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the cell-contacting system of Giere, to include wherein the conductor track sections which form the cell contacts emanate from the carrier in a stepped arrangement, and form a planar, leaf spring-like contact surface, as disclosed in Ota et al., in order to allow for simplified mounting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ichikawa et al. US 2016/0268577
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIRAN QURAISHI AKHTAR/ Primary Examiner, Art Unit 1751
Prosecution Insights