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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species I of Figures 5-7 (directed to claims 6 and 17) in the reply filed on 3/27/26 is acknowledged. Claim 7 has been withdrawn as being directed to a non-elected invention.
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.
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) 1-4, 8-15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al (CN 211480222 U, cited in IDS filed 6/30/23) in view of Hofer et al (EP 3316348 A1).
Regarding independent claim 1, Guo et al teaches a sampling structure (figs 1-2 and 7, assembly of the acquisition harness 10 and PCBA board 40), comprising:
a battery information collector (fig 7, paragraph [0066-0067], PCBA board 40) and a plurality of collection lines (fig 2, paragraph [0041-0044], plural acquisition subunits 11 that include acquisition wires 113),
wherein:
first ends of the collection lines are configured to be connected with corresponding batteries (fig 2, paragraph [0042], pins 112 to electrically connect with the battery module);
connection terminals are arranged on second ends of the collection lines (fig 2, paragraph [0042], pins 111); and
a plurality of pads are arranged on the battery information collector (fig 7, paragraph [0067], PCBA includes at least one pad 41).
Guo et al teaches that the first pin 111 of the harness 10 is electrically connected to the pad 41 of the PCBA 40, where the number of pads 41 on the PCBA board 40 is the same as the number of first pins 111 (fig 7, paragraph [0068-0069]). However, Guo et al is quiet to a plurality of fuses, wherein first ends of the fuses are welded to the corresponding connection terminals; and second ends of the fuses are welded to the corresponding pads.
Hofer et al teaches a battery system 200 (abstract) and that battery systems usually comprise a battery management system and a battery management unit for processing information (paragraph [0008]). Hofer et al teaches the battery system further comprises a cell supervision circuit that comprises a sensing circuit and is electrically connected to the busbar (paragraph [0025]). The CSC may comprise a circuit carrier such as a flexible circuit board (FCP) or a printed circuit board (PCB), and that the busbar is wire bonded to the cell supervision circuit, e.g., each of the contact pads may be wire bonded to one of the sensor pads (paragraph [0026]). The wires preferably comprise one or more of aluminum, copper, silver and gold (paragraph [0026]). Note that figure 3 shows one end of aluminum wires (60) wire bonded to the pads (51,52) of the printed circuit board (50) and another end of the aluminum wires (60) wire bonded to pads (14,24) of the busbar.
As Guo et al discloses connecting pads 41 of the PCBA by the first pin 111 of the acquisition harness 10 (paragraph [0070]), but is quiet to the specifics, it would have been obvious to one of ordinary skill in the art to modify Guo et al such that the pins 111 are wire bonded to the pads of the PCBA by wire bonding using aluminum wires as taught in Hofer et al (fig 3, paragraph [0025-0026]), as Hofer et al teaches wire bonding the sensing pads of the CSC to the contact pads of the busbar can be manufactured in a simple method without requiring additional mounting steps or components (paragraph [0027-0028]).
Regarding the limitation of “fuses,” note that applicant’s fuses are aluminum wires (see dependent claim 2). The combination teaches the same structural features as required in the claims, as Hofer et al teaches aluminum wires having one end welded to a connection terminal and a second end welded to corresponding pads (fig 3, paragraph [0039], aluminum wire).
Regarding independent claim 12, refer to the teachings of Guo et al and Hofer et al as discussed above with respect to independent claim 1. Claim 12 further requires a battery pack comprising a housing, a battery management system, a plurality of electrically connected batteries, and the sampling structure of claim 1, where the sampling structure and the plurality of batteries are arranged within the housing and the sampling structure is connected with the battery management system and the plurality of batteries.
Note that Guo et al teaches an electric vehicle 1 (paragraph [0002], fig 6) that includes the battery module 20 and BMS system 30 which are electrically connected through the acquisition harness 10 (paragraph [0063]). Note that although Guo is not explicit to a housing, a housing is a well-known part of a battery system.
Regarding claims 2 and 13, the combination teaches wherein the fuses (Hofer, fig 3, aluminum wires 60) are welded to the connection terminals (Hofer, figs 1 and 3, pads 14 and 24 of busbar 100) and the pads (Hofer et al, fig 3, pads 51 and 52 of circuit board 50) through bonding (Hofer et al, fig 3, paragraph [0026], wire bonding); and the fuses are aluminum wires (Hofer et al, aluminum wire 60).
Regarding claims 3 and 14, the combination teaches wherein the fuses are arch-shaped (Hofer et al, figure 3, see aluminum wires 60).
Regarding claims 4 and 15, the combination teaches wherein:
the sampling structure further comprises an insulating layer wrapped around the plurality of collection lines (Guo, fig 1-2, fixing plate 12, paragraph [0048], fixing plate 12 is made of an insulating PI film);
the insulating layer comprises a first insulating layer and a second insulating layer arranged on two opposite sides of the plurality of collection lines (Guo, fig 1, note fixing plate 12 on opposite sides of subunit 11);
a plurality of through holes are provided on the first insulating layer (Guo, figs 1-5, note fixing plate 12 and that pins 111 extend through (fig 4), suggesting through holes); and
parts of the collection lines exposed from the corresponding through holes constitute the connection terminals (Guo, fig 4, note pins 111 extending through insulation 12).
Regarding claim 8, the combination teaches wherein the first insulating layer, the second insulating layer, and the plurality of collection lines are constructed as a flexible flat cable (FFC) or a flexible printed circuit (FPC) (Guo, fig 2, paragraph [0072], the wiring harness is more flexible than rigid board acquisition boards, also note Hofer, paragraph [0026], where the circuit carrier may be a flexible circuit board).
Regarding claim 9, the combination teaches wherein:
collection terminals are arranged on the first ends of the collection lines (Guo, fig 2, pins 112); the collection lines are connected with the corresponding batteries through the corresponding collection terminals (Guo, fig 2, paragraph [0055], pins 112 electrically connected to battery module);
parts of the collection lines extend out of the insulating layer to form the collection terminals (Guo, fig 2, note pins 112 extending out of insulating film 12); and
the collection lines are metal conductors (Guo, paragraph [0062], conductive metal); and the collection terminals are metal sheets (Guo, figs 2-5, pins 112 construed as sheets, would be metal to be a conductor similar to the collection lines).
Regarding claim 10, the combination teaches wherein:
the plurality of fuses and the plurality of collection lines constitute a sampling assembly (note combination, plurality of acquisition subunits 11);
the sampling structure comprises a plurality of sampling assemblies (Guo, fig 2-5, paragraph [0054], number of acquisition wires can be set according to number of battery modules that need to be acquired);
the battery information collector has a plurality of welding areas (Guo, fig 7, paragraph [0069], number of pads is same number of pins 111);
the plurality of pads are arranged in the welding areas (Guo, fig 7); and
the pads in the welding areas are welded to the corresponding collection lines through the fuses of the corresponding sampling assemblies (note combination with Hofer, wire bonded via aluminum wires).
Regarding claim 11, the combination teaches wherein the plurality of sampling assemblies and the pads in the plurality of welding areas are arranged in a length direction of the battery information collector (Guo, fig 2, note length direction).
Regarding independent claim 18, refer to the teachings of Guo et al and Hofer et al as discussed in the rejection of claims 1 and 12 above. Claim 18 further requires an electric vehicle comprising the battery pack of claim 12, and a vehicle body, wherein the battery pack is fixed to the vehicle body; or the housing of the battery pack forms a part of the vehicle body. Note that Guo et al teaches an electric vehicle 1 (paragraph [0002], fig 6) that includes the battery module 20 and BMS system 30 which are electrically connected through the acquisition harness 10 (paragraph [0063]). Note that although Guo is not explicit to a vehicle body and the battery pack fixed to the vehicle body, a vehicle body and a fixed battery pack are well known as part of an electric vehicle.
Claim(s) 5-6 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al as modified by Hofer et al as applied to claims 1 and 12 above, and further in view of Dawley (US 2020/0274204 A1).
Regarding claims 5 and 16, the combination is quiet to the sampling structure further comprises a reinforcing plate; the reinforcing plate is fixed to a side of the second insulating layer facing away from the first insulating layer; and projections of the connection terminals on the second insulating layer are located within a projection range of the reinforcing plate on the second insulating layer.
Dawley teaches an interconnect board that includes a printed circuit board assembly and a flex circuit used with a battery module and controller (abstract). Dawley teaches of a carrier frame on which the PCBA is seated (abstract). The carrier frame includes the busbars and/or other electronic interfaces (paragraph [0010]).
It would have been obvious to one of ordinary skill in the art to modify the combination of Guo and Hofer et al so as to include a carrier frame, for supporting PCBA of the combination. Note that Guo appears to teach an embodiment where the connection terminals 111 do not project past the insulating film (12) as seen in figure 2, thus suggesting that the projections of the combination would not project outside of the carrier frame.
Regarding claims 6 and 17, the combination teaches is quiet to the battery information collector is arranged on a side of the reinforcing plate facing away from the second insulating layer; the plurality of pads are arranged on a side of the battery information collector facing the reinforcing plate; a plurality of first through holes are provided on the sampling structure; the pads are exposed from the corresponding first through holes; and the second ends of the fuses extend through the corresponding first through holes and are welded to the corresponding pads.
However, note that Dawley teaches that the flex circuit (18) has a first insulating layer and a second insulating layer (fig 10), with a through-hole where pads (36) are exposed (fig 10). The combination would have suggested to one of ordinary skill in the art that the pads of the PCBA and the pads of the harness where the aluminum wires are to be wire bonded, are exposed through the insulating films. Furthermore, note that Dawley teaches various arrangements where the PCB is on various sides of the flex circuit (figs 11A-11D), as well as different arrangements where the carrier frame is on either side of the flex circuit (figs 4A-4G), suggesting that the arrangement of the reinforcing plate to the insulating layers are alternative arrangements that would have been obvious to one of ordinary skill in the art.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 12, and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 18/343,041 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the copending application anticipate the claims of the instant application.
Regarding instant claims 1, 12, and 18, the claims of the copending application recite a battery pack and an electric vehicle comprising the battery pack (see reference claims 1 and 14). The claims of the copending application recite a sampling structure (see reference claim 1) that includes a battery information collector (see reference claim 1), a plurality of fuses (see reference claim 4), and a plurality of collection lines (see reference claim 4, sampling lines). The copending application further recites that first ends of the connection lines are configured to be connected with corresponding batteries (see reference claim 1), connection terminals are arranged on second ends of the connection lines (see reference claim 4), a plurality of pads are arranged on the battery information collector (see reference claim 4), first ends of the fuses are welded to the corresponding connection terminals (see reference claim 4), and second ends of the fuses are welded to the corresponding pads (see reference claim 4).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
Prosecution Insights