DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. Information disclosure statements (IDS), submitted July 7, 2023 and June 19, 2024, have been received and considered by the examiner.
Claim Interpretation
4. All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claims 1-3, 7, 9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sei US PG Publication 2018/0342775.
Regarding Claim 1, Sei discloses a battery comprising a battery cell (unit cell) 13, a temperature sensor (thermistor) 43 for measuring the temperature of the battery cell (para 0074, the temperature measurement target can be any of the various batteries), a sensor mounting assembly 31 for mounting the temperature sensor 43, and a signal transmission component (electric wire connecting connector which connects to a temperature measuring circuit board of an ECU, para 0043) 41 for being electrically connected to the temperature sensor to transmit a temperature signal of the battery cell 13, the signal transmission component being detachably connected to the sensor mounting assembly (see entire disclosure and especially Figs 1-4; paras 0035-0059).
Regarding Claims 2-3, Sei discloses wherein one side of the sensor mounting assembly 31 is provided with a connection port (connector fitting portion) 57, and the sensor mounting assembly 31 is detachably connected to the signal transmission component 41 at the connection port 57 via coupling between lead-out terminals (leads) 47 and terminal accommodating chambers 61 which are configured to connect the temperature sensor 43 and the signal transmission component 41 (see at least Fig 3 and paras 0054-0055).
Regarding Claim 7, in a first interpretation, Sei discloses wherein the sensor mounting assembly 31 comprises a first housing (temperature measuring portion) 35 and a second housing (sensor housing) 45 (see annotated Fig. 3 above) connected to each other, the temperature sensor 43 being arranged at the first housing 35, and the lead-out terminal 47 and the connection portion being arranged at the second housing 45 (see at least first annotated Fig. 3, paras 0041-0046).
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In a second interpretation, Sei discloses wherein the sensor mounting assembly comprises a first housing and a second housing connected to each other, as they are integrally formed, wherein the temperature sensor 43 is arranged at the first housing, and the lead-out terminal 47 and the connection portion are arranged at the second housing (see annotated Fig 3 below).
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Regarding Claim 9, under the second interpretation of Sei with respect to Claim 7, Sei further discloses a thermally conductive member 35 as part of the sensor mounting assembly 31 (Fig. 3 paras 0041-0046), and although Sei does not specifically recite that a 35 is a thermally conductive member configured for transferring the temperature of the battery cell 13 to the temperature sensor 43, the skilled artisan would understand that the temperature sensor 43 would not be capable of measuring the cell 13 temperature if the element interposed between the sensor and the cell 13 were not thermally conductive. Therefore, 35 must be thermally conductive.
Regarding Claim 11, Sei discloses wherein the sensor mounting assembly 31 has two lead-out terminals 47, and further comprises a separation portion (the portion of the housing in between the terminals 47) which is configured for separating adjacent lead-out terminals 47 from each other since the terminals are secured in the housing and are separated in this secure manner. See annotated Fig. 3 below.
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Regarding Claim 12, Sei discloses wherein the signal transmission component 41 comprises a contact end (end that engages with 47) and a transmission end (at 17) connected to each other via e.g. elastic contact piece 67, the contact end is configured to be in contact connection with the lead-out terminal (para 0056) and the transmission end is configured for transmitting the temperature signal of the battery cell (see at least paras 0038, 0043, Fig. 3).
Regarding Claim 13, Sei discloses wherein the sensor mounting assembly is detachably provided (via sensor side-locking arms) 33 on the battery cell 13 (Fig. 3, paras 0044-0045)
Regarding Claim 14, Sei discloses wherein the sensor mounting assembly is provided with a snap-fit member (sensor-side locking arm) 33 and the busbar module, which is provided at each battery cell 13, is provide with an engagement groove (locking portion) 29 so that the sensor mounting assembly is detachably connected to the battery cell (see Fig 1 and paras 0044-0047). Accordingly, it can be reasonably said that the battery cell is provided with the engagement groove.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 4-8 and 10 are rejected under 35 U.S.C. 103 as being obvious over Sei US PG Publication 2018/0342775.
Regarding Claims 4-6, Sei discloses the claimed battery as described in the rejection of Claim 2, which is incorporated herein in its entirety. Sei discloses wherein one end of the lead-out terminal is connected to the temperature sensor and the other end is provided with a straight (and presumably rigid) connection portion which is inserted into the elastic contact pieces 67 of the signal connection portion 41 which is bent to form an elastic connection portion and is bent towards a side surface of the electric contact portion 65 and spaced apart from the side surface by a preset distance since it has a preset design (addressing the structure of Claims 5-6) (see Fig 3, paras 0054-0056). Sei does not specifically disclose wherein the other end of the lead-out terminal has the claimed elastic connection portion wherein the other end of the lead out portion is bent to form the electric connection portion and is bent towards a side surface of the lead-out terminal and spaced apart from the side surface by a preset distance. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to switch the configuration of the signal connection portion’s elastic contact piece with the lead-out terminal such that the signal transmission component is inserted into the connection port and is detachably connected to an elastic connection portion of the other end of the lead-out terminal such that the other end of the lead-out terminal has the claimed elastic connection portion wherein the other end of the lead out portion is bent to form the electric connection portion and is bent towards a side surface of the lead-out terminal and spaced apart from the side surface by a preset distance in order to provide flexibility to the design of the lead-out terminal and signal transmission component and provide for easy replacement of the non-elastic portion (which may break easier than the elastic portion) since the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding Claim 7, in an alternative of the second interpretation, it would also be obvious to form first and second housings of the second interpretation as separate elements such that they are connected to each other in order to provide flexibility in design such as for using different materials or having different shapes to fit into systems having different shape or size requirements for the portion that e.g. contacts the battery cell since since the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
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Regarding Claim 8, under the first interpretation of Sei with respect to Claim 7, although Sei does not specifically disclose wherein the first and second housing are detachably connected, the skilled artisan would find it obvious to form these elements to be detachable so that e.g. the temperature sensor 43 and lead-out terminal 47 can be easily replaced via removal of 35 since the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
Regarding Claim 10, the second interpretation of Sei shows the thermally conductive member 35 connected to the first housing member, the skilled artisan would find it obvious to form these elements to be detachable so that e.g. the temperature sensor 43 and lead-out terminal 47 can be easily replaced via removal of 35 since the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
7. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sei US PG Publication 2018/0342775, as applied to Claim 14, and further in view of Matsumura US PG Publication 2019/0113392.
Regarding Claim 15, Sei discloses the claimed battery as described in the rejection of Claim 14, which is incorporated herein in its entirety, and the skilled artisan understands that the battery is configured to supply electric energy. Sei does not specifically disclose a device comprising the battery according Claim 14. However, in the same field of endeavor of battery design including temperature sensor mounting configuration, Matsumura teaches that a battery designed with a temperature sensor mounting assembly is used to power an electric vehicle and so it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to use the battery of Sei in a device such as an electric vehicle because Matsumura teaches that this type of protected battery is used an an electric vehicle and the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA S PARK whose telephone number is (571)270-3597. The examiner can normally be reached M-Th 5:30a to 3p Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Tavares-Crockett can be reached on 5712721481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LISA S PARK/Primary Examiner, Art Unit 1729