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 .
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.
Claim 13 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.
Independent claim 1 introduces batteries, but dependent claim 13 refers to the battery. It remains unclear if any one battery is a pouch battery, if one particular battery is a pouch battery, or if all of the batteries are pouch batteries.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 10, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO2019/208938 (corresponding US PGPub 2021/0194101 used for citation purposes)).
Considering Claim 1, Kim discloses a battery pack (battery module [Abstract]), the battery pack comprising:
a box (rectangular tube module case 10 [0042, Figures 1 and 7]), a sealing cover (module cover 20 to seal [0045, Figures 1 and 7]), a battery string (cell stack 30 of battery cells 32 that are connected via leads and bus bars [0046, 0047, 0048]), a sampling structure (voltage sensing units 71 and 72 with sensing pins P [0078]), and a battery information collector (printed circuit board 60 [0079, Figure 7]) configured to be connected with a battery management system (printed circuit board connected to a battery management system (BMS) [0079, 0087]), wherein:
the battery string and the sampling structure are arranged inside the box (battery cells and voltage sensing units 71/72 along with sensing pins P are connected to internal bus bars [0078, Figures 2, 7 and 10]);
the battery string comprises a plurality of electrically connected batteries (cell stack 30 of battery cells 32 that are electrically connected via leads and bus bars [0046, 0047, 0048]);
the sampling structure comprises a plurality of sampling lines (first and second voltage sensing units have plurality of pins P [0078]);
first ends of the sampling lines are connected with the corresponding batteries (pin ends are attached to battery bus bars [0078, Figure 13]);
second ends of the sampling lines are connected with the battery information collector (other structural pin ends are connected to printed circuit board 60 [Figure 13] such that voltage values are transmitted to the board [0079]);
the box is provided with an opening (module case 10 has opening [0045, Figure 7]);
the battery information collector is arranged at the opening of the box (printed circuit board 60 is arranged at opening [Figure 7]);
the sealing cover is located on an outer side of the battery information collector (module cover 20 covers frame 42, wherein the printed circuit board is mounted to the frame 42 [0072, Figures 7 and 8]); and
the sealing cover is configured to seal the opening of the box (module cover 20 seals the opening [0045, Figures 1 and 7]).
Considering Claim 10, Kim discloses that the opening is provided on an end portion of the box in the third direction; a length of the battery information collector extends in the second direction; a width of the battery information collector extends in the first direction; the first direction is the height direction of the box; one of the second direction and the third direction is the length direction of the box; and the other direction is the width direction of the box (opening is provided along length direction of box [Figures 1 and 2], circuit board 60 extends along height and width of box [Figures 4 and 7]).
Considering Claim 13, Kim discloses that the battery is a pouch battery (cells are pouch-type battery cells [0057]).
Considering Claim 14, Kim discloses an electric vehicle, comprising a vehicle body and the battery pack according to claim 1 (electric vehicle with carb body [0024, 0088, 0004], see claim 1), wherein: the battery pack is fixed to the vehicle body (battery module known to be mounted to car body [0004]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO2019/208938 (corresponding US PGPub 2021/0194101 used for citation purposes)).
Considering Claim 11, Kim notes that at the rear end, regarding sensing unit 72, an additional means is required for connection to the circuit board [0080], and the extra transmission member may be be made of flat flexible cable or flexible printed circuit board in order to enhance space utilization and prevent the risk of short circuit between conductors [0081]. As this material achieves these effects for the similarly noted function as the pins, selecting flat flexible cable or flexible printed circuit board for the pins and material around the pins to achieve such predicted effects would have been obvious to a person of ordinary skill in the art.
Allowable Subject Matter
Claims 2-9 and 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 2, Kim discloses one cell stack of touching stacked cells which are designed to keep slim design and a high energy density per unit volume [0046, 0043, Figures 2 and 7]. There is no suggestion or motivation for a partition plate that partitions accommodation cavities that can accommodate a plurality of batteries for each accommodating battery string as required by claim 2, nor would such sampling lines be guaranteed to be arranged in the accommodating cavities as required by claim 2.
Regarding claim 12, Kim discloses that the module cover is outside all of the components to seal the opening [0045, Figure 7]. There is no suggestion or motivation to have a connection wire harness that extends through a corresponding base to connect with the battery management system (which is not illustrated to be internal) and the printed circuit board (which is further internal in the module [Figure 7]) as required by claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P DOMONE whose telephone number is (571)270-7582. The examiner can normally be reached M-F 8:00-4:30 PM.
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, Basia Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER P DOMONE/Primary Patent Examiner
Art Unit 1725
Prosecution Insights