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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-6) in the reply filed on 01/28/2026 is acknowledged.
Claims 7-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/28/2026.
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.
Claims 1, and thus claims 2-6, and claim 5 are 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.
Regarding claim 1, the claim recites “an elastic member placed between the temperature sensor and a pressing body that presses the temperature sensor toward a battery cell”.
It is unclear from the claim, as written, whether or not the elastic member, which is placed between the temperature sensor and the pressing body, does the pressing of the temperature sensor toward a battery cell, or whether the elastic member is just a structure placed between the temperature sensor and the pressing body is the structure that presses the temperature sensor toward a battery cell.
Claims 2-6 depend from claim 1, therefore, are rejected for the same reasons.
Regarding claim 5, the claim recites “wherein the temperature sensor is disposed at a lateral side of the battery cell”.
Claim 5 depends from claim 1 which recites “A temperature sensor device comprising: a temperature sensor; and an elastic member placed between the temperature sensor and a pressing body that presses the temperature sensor toward a battery cell.”
Claim 1 does not positively recite a battery cell. Unlike claim 6, which recites a battery module including a battery cell and a temperature sensor device, claim 1 only recites a temperature sensor device comprising a temperature sensor that can be pressed by a pressing body toward a battery cell.
Therefore, given there is no positive recitation of a battery cell in claim 5, it is unclear what battery cell is “the battery cell” and how the temperature sensor is disposed at “a lateral side of the battery cell”.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumgartner et al (US 20210367284 A1, as given in the 02/01/2024 IDS).
Regarding claim 1, Baumgartner discloses a temperature sensor device (temperature sensor device 100 in Figs. 2-3 and 5; see entire disclosure and especially P39, 41-42) comprising: a temperature sensor (temperature sensor 106 in Figs. 2-3 and 5; see entire disclosure and especially P39-40, 42); and an elastic member (positioning element 126 in Figs. 3 and 5; see entire disclosure and especially P43) placed between the temperature sensor and a pressing body (circuit board 104 in Figs. 2-3 and 5; see entire disclosure and especially P43) that presses the temperature sensor toward a battery cell (battery cell 90 in Figs. 1 and 5; see entire disclosure and especially P37, 46).
Regarding claim 2, Baumgartner discloses wherein the temperature sensor is flexible (“…it is provided to develop the carrier element as a flexible circuit board or as a cable element, in particular a wired temperature sensor”, P20).
Regarding claim 3, Baumgartner discloses a supporting plate supporting the temperature sensor (carrier element 108 in Figs. 3-5; see entire disclosure and especially 40).
Regarding claim 4, Baumgartner discloses wherein the temperature sensor is thermally isolated from the pressing body (“…positioning element 126 has a thermally insulating development for thermally insulating temperature sensors 106 from circuit board 104 so that a more accurate measurement of the temperature of the battery cells is possible”, P44).
Regarding claim 5, Baumgartner discloses wherein the temperature sensor is disposed at a lateral side of the battery cell (see Figs. 2 and 5).
Regarding claim 6, Baumgartner discloses a battery module comprising: the battery cell; and the temperature sensor device according to claim 1 (battery pack 18 in Figs. 1-2; see entire disclosure and especially P29, 33, 46).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsunaga et al (US 20100285340 A1)
Regarding claim 1, Matsunaga discloses a temperature sensor device (temperature sensor 4 in Figs. 2-3; see entire disclosure and especially P38) comprising: a temperature sensor (temperature detecting element 40 in Figs. 2-3; see entire disclosure and especially P38); and an elastic member (retaining portion 42 in Figs. 2-3; see entire disclosure and especially P50) placed between the temperature sensor and a pressing body (plate shaped module main body 30 in Figs. 1 and 3; see entire disclosure and especially P35) that presses the temperature sensor toward a battery cell (battery cell 2 in Fig. 1; see entire disclosure and especially P50).
Conclusion
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/MARY GRACE BYRAM/Examiner, Art Unit 1729