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 .
Specification
The disclosure is objected to because of the following informalities: a typographical error in [0044] includes second copper foil layer 312, this should be 213.
Appropriate correction is required.
Information Disclosure Statement
The information disclosure statement filed 10/28/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because an NPL has been submitted but is not listed on the IDS. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 6 and 7 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sang et al. (KR 20200059354 A, machine translation provided)
As to claims 1 and 6, Sang et al. discloses a battery pack [0002] comprising the connection structure (PCM) wherein the connection structure is between a battery and a protection circuit module [0001] (PCM) in a battery pack in which a battery cell is connected to the PCM,
wherein the battery cell comprises:
a battery cell main body [0031]; and
an electrode lead tab electrically connected with the battery cell main body [0032] (terminal for connection),
wherein the PCM comprises:
a printed circuit board (PCB), (battery protection device 100)
wherein the PCB comprises:
an insulation board; (insulating layer 180)
a second copper foil layer in contact with a first surface of the insulation board (140-a fourth conductive layer, [0038] discloses the layer is made of copper);
a first copper foil layer above the second copper foil layer (160 sixth conductive layer-[0117] discloses copper); and
a first prepreg layer (170, [0082]) between the first copper foil layer (160) and the second copper foil layer (140), and
wherein an electrode lead tab of the battery cell is directly contacted to the first copper foil layer of the PCM [0032] (discloses the terminal pads for connecting the cell is located).
As to claim 2. Sang et al. discloses the connection structure of claim 1, wherein the direct contact between the electrode lead tab of the battery cell [0032] and the PCM. The limitation of “is formed by a laser welding” is considered a product by process limitation. The product-by-process limitations of claim 2 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 2 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 7, Sang et al. discloses the connection structure of claim 1, wherein the direct contact between the electrode lead tab of the battery cell and the first copper foil layer of the PCM is by direct bonding ([0032] on the lower surface of BPD (100) a plurality of pads including terminals for connecting the battery protection device (100) between the charging terminal of the device in which the battery cell is mounted and the battery cell may be exposed).
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.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200059354 A in view of Suzuki et al. (US 2015/0274911 A1).
As to claims 3 and 4, Sang et al. discloses the connection structure of claim 2, but does not disclose wherein the first prepreg layer comprises a material having an absorptance at a wavelength band of a laser used in the laser welding or that wherein the material having the absorptance at the wavelength band of the laser used in the laser welding and contained in the first prepreg layer is carbon black. Sang et al. discloses the prepreg has being produced by impregnating glass fibers with thermosetting resin such as epoxy to make a semi cured sheet [0078].
Suzuki et al. discloses a prepreg and method for producing the prepreg (title). Suzuki et al. is analogous as Suzuki seeks to achieve high impact resistance and high toughness between layers and excellent conductivity [0011] which is similar to the instant application of excellent preservation of the battery by using a PMC and both are used in vehicles. Suzuki et al. discloses the addition of carbon black [0116] as a conductive material to the a carbon fiber reinforced composite material having excellent conductivity and impact resistance can be obtained by the distribution of conductive particles in the vicinity of the surface of a prepreg [0038].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the carbon black to the prepreg of Sang et al. because this would provide conductivity and impact resistance to the layer.
Since the materials of the prepreg layer are the same as applicant the property of “an absorptance at a wavelength band of a laser used in the laser welding” would be obtained.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 5, Sang et al. disclose the connection structure of claim 1, wherein the PCB further comprises:
a third copper foil layer (130 -third conductive layer) in contact with a second surface of the insulation board;
a fourth copper foil layer (150-fifth conductive layer) disposed below the third copper foil layer; and
a second prepreg layer (170-[0082]) disposed between the third copper foil layer and the fourth copper foil layer, but does not disclose wherein the second prepreg layer comprises carbon black. Sang et al. discloses the prepreg has being produced by impregnating glass fibers with thermosetting resin such as epoxy to make a semi cured sheet [0078].
Suzuki et al. discloses a prepreg and method for producing the prepreg (title). Suzuki et al. is analogous as Suzuki seeks to achieve high impact resistance and high toughness between layers and excellent conductivity [0011] which is similar to the instant application of excellent preservation of the battery by using a PMC and both are used in vehicles. Suzuki et al. discloses the addition of carbon black [0116] as a conductive material to the a carbon fiber reinforced composite material having excellent conductivity and impact resistance can be obtained by the distribution of conductive particles in the vicinity of the surface of a prepreg [0038].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include the carbon black to the prepreg of Sang et al. because this would provide conductivity and impact resistance to the layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/Primary Examiner, Art Unit 1727