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 on 05/07/2026:
Claims 1, 4-6, and 16-23 are pending in the current application. Claims 1 and 4-6 have been amended. Claims 16-23 have been newly added.
The previous prior art-based rejection have been withdrawn in light of the amendments to the claims.
Response to Arguments
Applicant’s arguments, see Remarks Page 5, filed 05/07/2026, with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections have been withdrawn in light of the amendments to the claims.
Applicant’s arguments with respect to the claims have been considered but are moot due to the amendment to the claims.
The limitation in claim 1 of “the supporting plate is placed between the temperature sensor and the elastic member” and the limitation in claim 6 of “the housing body presses the temperature sensor, the supporting plate and the elastic member toward the battery cell in a state in which the supporting plate is placed between the temperature sensor and the elastic member and the elastic member is placed between the supporting plate and the housing body, thereby causing the elastic member to energize the temperature sensor and the supporting plate toward the battery cell”, are new limitations not previously considered in the Non-Final Rejection dated 02/24/2026. Therefore, a new rejection of Kurita et al (US 20130323552 A1), Kurita et al (US 20130323552 A1) in view of Tsubaki et al (US 20130288091 A1), and Yoon et al (US 20200203782 A1) in view of Tsubaki et al (US 20130288091 A1) have been set forth below to meet the amendments to the claims and the newly added claim limitations.
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 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurita et al (US 20130323552 A1).
Regarding claim 6, Kurita discloses a battery module (electricity storage module M in Figs. 2-5; see entire disclosure and especially P24, 27, 29, 33-34) comprising:
a battery cell (electricity storage cell 11 in Fig. 5; see entire disclosure and especially P24);
a housing body housing the battery cell (intermediate electricity storage cell holders 12 including thermistor holding portion 12c in Figs. 2 and 5; see entire disclosure and especially P29-31); and
a temperature sensor device for the battery cell, wherein the temperature sensor device includes a temperature sensor (a temperature measuring portion 21e in Fig. 5; see entire disclosure and especially P34), a supporting plate supporting the temperature sensor (rectangular bottom wall portion 21a in Fig. 5; see entire disclosure and especially P34), and an elastic member configured to energize the temperature sensor and the supporting plate toward the battery cell (pair of left and right V-shaped spring members 21d and electricity storage cells 11 in Fig. 5; see entire disclosure and especially P24, 34, 40, 49-50), and
the housing body presses the temperature sensor, the supporting plate and the elastic member toward the battery cell (see entire disclosure and especially P29-31, 40, 49) in a state in which the supporting plate is placed between the temperature sensor and the elastic member and the elastic member is placed between the supporting plate and the housing body, thereby causing the elastic member to energize the temperature sensor and the supporting plate toward the battery cell (rectangular bottom wall portion 21a is between temperature measuring portion 21e and spring members 21d; spring members 21d is between rectangular bottom wall portion 21a and thermistor holding portion 12c of the intermediate electricity storage cell holders 12; see Fig. 5 and see entire disclosure and especially P29-31, 40, 49).
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.
Claims 1, 4-5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kurita et al (US 20130323552 A1) in view of Tsubaki et al (US 20130288091 A1).
Regarding claim 1, Kurita discloses a temperature sensor device for a battery cell, the temperature sensor device comprising:
a temperature sensor (a temperature measuring portion 21e in Fig. 5; see entire disclosure and especially P34);
a supporting plate supporting the temperature sensor (rectangular bottom wall portion 21a in Fig. 5; see entire disclosure and especially P34); and
an elastic member configured to energize the temperature sensor and the supporting plate toward the battery cell (pair of left and right V-shaped spring members 21d and electricity storage cells 11 in Fig. 5; see entire disclosure and especially P24, 34, 40, 49-50),
wherein the supporting plate is placed between the temperature sensor and the elastic member (see Fig. 5).
However, Kurita does not disclose the temperature sensor is flexible.
In a similar field of endeavor, Tsubaki teaches a temperature sensor including a flexible thermistor mounted on a flexible board (P57). Tsubaki teaches their temperature sensor can be attached to a secondary battery such that it is in intimate contact with the outer surface of the battery obtaining high responsiveness and high temperature measurement accuracy (P71, 101).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Tsubaki and substituted the temperature sensor of Kurita with the temperature sensor of Tsubaki, given both are known temperature sensors, Tsubaki teaches their temperature sensor can be in intimate contact with an outer surface of the battery cell to obtain high responsiveness and high temperature measurement accuracy, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
Regarding claim 4, Kurita discloses a pressing body that is configured to press the temperature sensor and the supporting plate toward the battery cell, wherein the elastic member is placed between the supporting plate and the pressing body (thermistor holding portion 12c in Fig. 5; see entire disclosure and especially P29-31, 40, 49).
Regarding claim 5, Kurita discloses a battery module comprising: the battery cell; and the temperature sensor device according to claim 1, wherein the temperature sensor is disposed at a lateral side of the battery cell (electricity storage module M in Figs. 2-5; see entire disclosure and especially P24, 27, 29, 33-34).
Regarding claim 16, given the temperature sensor of modified Kurita includes a flexible thermistor mounted on a flexible board (see the rejection of claim 1), it would be flexible between a front end part and a rear end part.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kurita et al (US 20130323552 A1) in view of Tsubaki et al (US 20130288091 A1) as applied to claim 5, further in view of Haug et al (DE102014008049A1, given in the 06/10/2024 IDS, using the provided machine English translation from Espacenet).
Regarding claim 17, modified Kurita does not meet the limitation wherein the temperature sensor device comprises a plurality of the temperature sensors attached at a plurality of positions of the battery cell.
In a similar field of endeavor, Haug teaches lithium-ion batteries have a relatively narrow operating temperature range in which optimal operation is possible in terms of maximum power and energy utilization with minimal damage to their lifespan (P2). Haug teaches temperature sensors are attached to the battery cells for monitoring purposes; for example, a sensor can be located on a cell connector or directly on the housing of a battery cell (P2). Haug teaches as the size of the battery cell increases, several temperature measuring points distributed across the surface of the battery cell may be necessary to ensure reliable protection of the battery cell (P2).
Haug teaches a sensor device includes a plurality of sensors arranged on a battery cell (P5, 19). Haug teaches the sensors measure the temperature of the battery cell and provide a temperature distribution to an evaluation unit such that parameters important for the operation of the battery cell can be pre-selected and provided according to their relevance for the operation of the battery system (P6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Haug and modified the temperature sensing device of modified Kurita such that it comprises a plurality of the temperature sensors attached at a plurality of positions of the battery cell wherein the sensors can send their measurements to an evaluation unit, given Haug teaching a plurality of sensors can measure the temperature of the battery cell and provide a temperature distribution to an evaluation unit such that parameters important for the operation of the battery cell can be pre-selected and provided according to their relevance for the operation of the battery system.
Regarding claim 18, the limitation “wherein temperature changes at the plurality of positions of the battery cell under a predetermined condition differ from one another” is an inherent function of the battery cell. It is known that different positions of a battery cell during predetermine conditions such as charging or operation will have different temperatures.
Further, Haug teaches that a plurality of temperature sensors can be used on a battery cell to provide a temperature distribution across the battery cell (P5-6). Therefore, it is clear that battery cells will have different temperatures at different locations on the cell.
Given modified Kurita discloses a battery cell, and the claim only requires a battery cell, the structures are the same. Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 19, Kurita discloses the battery module further comprising another battery cell different from the battery cell (see Fig. 2 and the plurality of electricity storage cells 11); and at least one other temperature sensor attached to at least one position of the another battery cell (there are two thermistors, 21A and 21B in Fig. 2; each thermistor has its own a temperature measuring portion 21e in Fig. 5; see entire disclosure and especially P34-35).
Regarding claim 20, it is known that different positions of a battery cell during predetermine conditions such as charging or operation will have different temperatures.
Haug teaches that a plurality of temperature sensors can be used on a battery cell to provide a temperature distribution across the battery cell (P5-6). Therefore, it is clear that battery cells will have different temperatures at different locations on the cell.
Therefore, the temperature changes in the battery cell under a predetermine condition at one position in the battery cell, for example a position near the middle of the lateral side of the battery cell, would necessarily be different than a temperature change in the another battery cell under a predetermine condition at one position in the another battery cell, for example at example a position near the upper or lower edge of the lateral side of the battery cell.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al (US 20200203782 A1) in view of Tsubaki et al (US 20130288091 A1).
Regarding claim 1, Yoon discloses a temperature sensor device for a battery cell, the temperature sensor device comprising:
a temperature sensor (flexible printed circuit board 250 including temperature sensor 260 in Fig. 4; see entire disclosure and especially P36, 38);
a supporting plate supporting the temperature sensor (compression pad 230 in Fig. 4; see entire disclosure and especially P37); and
an elastic member configured to energize the temperature sensor and the supporting plate toward the battery cell (elastic member 210 in Fig. 4; see entire disclosure and especially P39),
wherein the supporting plate is placed between the temperature sensor and the elastic member (see Fig. 4).
However, Yoon does not disclose wherein the temperature sensor is flexible.
In a similar field of endeavor, Tsubaki teaches a temperature sensor including a flexible thermistor mounted on a flexible board (P57). Tsubaki teaches their temperature sensor can be attached to a secondary battery such that it is in intimate contact with the outer surface of the battery obtaining high responsiveness and high temperature measurement accuracy (P71, 101).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Tsubaki and substituted the temperature sensor (flexible circuit board 250 with temperature sensor 260) of Yoon with the temperature sensor of Tsubaki, given both are known temperature sensors, Tsubaki teaches their temperature sensor can be in intimate contact with an outer surface of the battery cell to obtain high responsiveness and high temperature measurement accuracy, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
Regarding claim 5, Yoon discloses a battery module comprising: the battery cell; and the temperature sensor device according to claim 1, wherein the temperature sensor is disposed at a lateral side of the battery cell (battery module 1000 in Fig. 1; see entire disclosure and especially P32 and Figs. 1-4; see the rejection of claim 1).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al (US 20200203782 A1) in view of Tsubaki et al (US 20130288091 A1) as applied to claim 5, further in view of Kuboki et al (US 20220344790 A1).
Regarding claim 21, modified Yoon does not meet the limitation wherein the battery module further comprises a voltage detection device configured to detect voltage of the battery cell, wherein the temperature sensor is attached to the voltage detection device.
In a similar field of endeavor, Kuboki teaches a flexible substrate made as a flexible printed circuit can include a first conductive path having a thermistor connected and a second conductive path having a voltage detection land (P38-40). Kuboki teaches the first conductive path is able to detect the temperature of a battery cell and the second conductive path is able to detect the voltage of a battery cell (P17, 23, 38-40).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Kuboki and modified the temperature sensor including a flexible thermistor mounted on a flexible board of modified Yoon to further include a voltage detection land on the flexible board that is able to connect to the battery cell to detect the voltage of the battery cell, given Kuboki teaches one can provide a thermistor and voltage detection land on a flexible printed circuit to allow for the detection of both temperatures and voltages of a battery cell. Further, the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR, 550 U.S. at 416, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atl. & P. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950). (see MPEP § 2143, A.).
Regarding claim 22, modified Yoon meets the limitation wherein the temperature sensor is attached to the voltage detection device by an insulating fixture (the flexible thermistor and voltage detection land of modified Yoon are both provided on the flexible board provided by the teaching of Tsubaki; Tsubaki teaches the flexible board includes a base layer 51 made of polyimide; polyimide is a known insulating polymer; therefore, the flexible thermistor is attached/connected to the voltage detection land via the insulating base layer 51 of the flexible board).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al (US 20200203782 A1) in view of Tsubaki et al (US 20130288091 A1) in view of Kuboki et al (US 20220344790 A1) as applied to claim 21, further in view of Haug et al (DE102014008049A1, given in the 06/10/2024 IDS, using the provided machine English translation from Espacenet).
Regarding claim 23, modified Yoon does not meet the limitation wherein a plurality of the temperature sensors are attached to the voltage detection device.
In a similar field of endeavor, Haug teaches lithium-ion batteries have a relatively narrow operating temperature range in which optimal operation is possible in terms of maximum power and energy utilization with minimal damage to their lifespan (P2). Haug teaches temperature sensors are attached to the battery cells for monitoring purposes; for example, a sensor can be located on a cell connector or directly on the housing of a battery cell (P2). Haug teaches as the size of the battery cell increases, several temperature measuring points distributed across the surface of the battery cell may be necessary to ensure reliable protection of the battery cell (P2).
Haug teaches a sensor device includes a plurality of sensors arranged on a battery cell (P5, 19). Haug teaches the sensors measure the temperature of the battery cell and provide a temperature distribution to an evaluation unit such that parameters important for the operation of the battery cell can be pre-selected and provided according to their relevance for the operation of the battery system (P6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Haug and modified the temperature sensing device of modified Yoon such that it comprises a plurality of the temperature sensors attached at a plurality of positions of the battery cell wherein the sensors can send their measurements to an evaluation unit, given Haug teaching a plurality of sensors can measure the temperature of the battery cell and provide a temperature distribution to an evaluation unit such that parameters important for the operation of the battery cell can be pre-selected and provided according to their relevance for the operation of the battery system.
Given the voltage detection device and temperature sensors of modified Yoon are all provided on the flexible board provided by the teaching of Tsubaki, modified Yoon meets the limitation “wherein a plurality of the temperature sensors are attached to the voltage detection device”.
Conclusion
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 Mary Harris whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm EST.
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, Ula Ruddock can be reached at (571)272-1481. 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.
/M.G.H./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
Prosecution Insights