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.
Claims 18-20 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.
Claim 18 recites “Position member” and is dependent on claim 1. However, claim 1 already recites a positioning member in line 9 of the claim. It is unclear if this the same positioning member or a different positioning member. Further clarification and appropriate correction is required.
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.
(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.
Claim(s) 1-5 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Izawa (US 20060028183 A1).
Regarding claim 1, Izawa discloses a battery pack, comprising (See Figs. 1-5 [0032]-[0038]):
at least one battery unit (see Figs. 3 and 6 element 6 [0049]); and
a support (8 [0049]), having at least one battery unit accommodating part (See Fig. 2) for accommodating the battery unit (6 [0049]),
wherein the support is provided with a first opening (17 [0049]), the first opening is connected to at least one battery unit accommodating part (see Fig. 3, between cells and 17 [0049]), the first opening and the battery unit (6 [0049]) of a connected portion form a thermistor accommodating part (part which accommodates 10 [0046]), and a thermistor (10 [0046]) arranged close to the battery unit (6 [0045]) is accommodated in the thermistor accommodating part (see Fig. 3 and Fig. 6 [0045]-[0046]), characterized in that a positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) is further provided in the thermistor accommodating part (see Figs. 3 and 5 between cells and 17), the positioning member being used to limit (see Fig. 6 [0047]) the thermistor in the battery unit accommodating part (see Fig. 3, between cells and 17 [0049]).
Regarding claim 2, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa is characterized in that the first opening (17 [0049]) is connected to two adjacent said battery unit accommodating parts (See Fig. 6).
Regarding claim 3, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses in that the positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) extends into a space between two adjacent said battery unit accommodating parts (see Fig. 6), such that the thermistor (10 [0046]) is disposed close to or in contact with at least one battery unit (6 see Fig. 6 [0047]).
Regarding claim 4, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses the positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) comprises:
a body (16, 16A), having a first end (top part of 16) and a second end (bottom parts of 16 and/or 16A) opposite the first end; and a protruding part (12, 13, 14), extending (see Figs. 5 and 6 [0047][0048]) from the second end in a direction away from the first end (bottom part of 16A).
Regarding claim 5, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses that the second end (bottom parts of 16 and/or 16A) is further provided with an abutment part (edge portion of intersection between 16 and 16A) different from the protruding part (12, 13, 14 , and the positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) is arranged so that the abutment part (edge portion of intersection between 16 and 16A) abuts the support (8) to limit a position of the protruding part (12, 13, 14).
Regarding claim 16, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses that the characterized in that the protruding
part (12, 13, 14) is elastic ([0041]).
Regarding claim 17, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses that the protruding part (12, 13, 14) causes the thermistor (10) to abut the battery unit ([0041]).
Regarding claim 18, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses the positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) comprises: a body (16, 16A), having a first end (top part of 16) and a second end (bottom parts of 16 and 16A) opposite the first end; and a protruding part (12, 13, 14), extending (see Figs. 5 and 6 [0047][0048]) from the second end in a direction away from the first end (bottom part of 16A) wherein the second end (bottom parts of 16 and 16A) is further provided with an abutment part (edge portion of intersection between 16 and 16A) different from the protruding part (12, 13, 14 , and the positioning member (12, 13, 14, 16, 16A, see Figs. 5 and 6 [0047]) is arranged so that the abutment part (edge portion of intersection between 16 and 16A) abuts the support (8) to limit a position of the protruding part (12, 13, 14).
Claim(s) 1-4 and 16-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kang (US 20230344027 A1).
Regarding claim 1, Kang discloses a battery pack, comprising (Figs. 2-20, Abstract [0062]-[0079]):
at least one battery unit (see Fig. 5 layers 149, 145/146, and 150 form a unit [0063][0097])
a support (175 and 171 [0081]-[0084]), having at least one battery unit accommodating part (See Fig. 4 part 171 supports parts 145/146 and 155 of 150 [0081]-[0084]) for accommodating the battery unit (see Fig. 5 layers 149, 145/146, and 150 form a unit),
wherein the support (175 and 171, see Fig. 4 [0081]-[0084]) is provided with a first opening (SH [0079][0098]), the first opening is connected to at least one battery unit accommodating part, the first opening (SH [0079][0098]) and the battery unit of a connected portion form a thermistor accommodating part (230, opening inside of SH supports thermistor, see Fig. 12 [0098] [0122]), and a thermistor (230 [0122]) arranged close to the battery unit is accommodated in the thermistor accommodating part (See Fig. 12 SH[0081]-[0084]), characterized in that a positioning member (240 See Fig. 10A/B/C, 11, 12, 13 [0122]), is further provided in the thermistor accommodating part, the positioning member being used to limit (see Fig. 12 [0122][0130]) the thermistor (230 [0122]) in the battery unit accommodating part (See Fig. 4 part 171 supports parts 145/146 and 155 of 150 [0081]-[0084]).
Regarding claim 2, Kang discloses all of the claim limitations as set forth above.
In addition, Kang discloses that the first opening (see Fig. 12 SH [0079][0098]) is connected to two adjacent said battery unit accommodating parts (See Fig. 12 between two units 150).
Regarding claim 3, Kang discloses all of the claim limitations as set forth above.
In addition, Kang discloses that the positioning member (240 See Fig. 10A/B/C, 11, 12, 13 [0122]) extends into a space (See Fig. 12) between two adjacent said battery unit accommodating parts (See Fig. 4 part 171 supports parts 145/146 and 155 of 150 [0081]-[0084]) , such that the thermistor (230 [0122]) is disposed close to or in contact with at least one battery unit (see Fig. 5 layers 149, 145/146, and 150 form a unit [0063][0097]).
Regarding claim 4, Kang discloses all of the claim limitations as set forth above.
In addition, Kang discloses characterized in that the positioning member comprises (240 See Fig. 10A/B/C, 11, 12, 13 [0122]): a body (see Fig. 10A, 241 and 242 [0130]-[0134]) , having a first end (top side of 241) and a second end (bottom side of 241) opposite the first end; and a protruding part (243 and 245 [0134]), extending from the second end (bottom side of 241) in a direction away from the first end (top side of 241).
Regarding claim 16, Kang discloses all of the claim limitations as set forth above.
In addition, Kang discloses that the protruding part (243 and 245 [0134]) comprises an elastic portion (245 [0133]).
Regarding claim 17, Kang discloses all of the claim limitations as set forth above.
In addition, Kang discloses that the protruding part causes the thermistor to abut the battery unit ([0134]).
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(s) 6, 7, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izawa (US 20060028183 A1) as applied to claims 1-5 and 16-18 above and in further view of Lyle (US 20030058920 A1).
Regarding claims 6 and 19, modified Izawa discloses all of the claim limitations as set forth above.
However, Izawa does not disclose that a tapered part is provided at an extremity side of the protruding part.
Lyle discloses that the body enclosing the thermistor can have a tapered portion at the extremity side of the protruding part (see 29 of 28 [0015]-[0017]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the body enclosing the thermistor of Izawa (element 12) to have a tapered end portion as disclosed by Lyle because Lyle discloses that having a tapered end portion at the extremity side of the protruding part of a body enclosing a thermistor is appropriate and well-known in the art.
Regarding claims 7 and 20, modified Izawa discloses all of the claim limitations as set forth above.
In addition, Izawa discloses a channel (channels are in 13) for accommodating a conducting wire (15) of the thermistor is provided between an extending extremity of the protruding part (end of 12) and the first end of the body (top part of 16) (see Fig. 6) .
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izawa (US 20060028183 A1) as applied to claims 1-5 and 16-18 above and in further view of Lee (US 20230010305 A1).
Regarding claims 8 and 9, modified Izawa discloses all of the claim limitations as set forth above.
However, Izawa does not disclose that the thermistor accommodating part is filled with thermally conductive glue.
Lee discloses that in a battery pack a temperature sensor placed between batteries a thermally conductive can be applied to surfaces of the temperature sensor and the cylindrical battery cells so that thermal contact may be reduced between battery and sensor can be reduced ([0071]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the accommodating part of modified Izawa by applying a thermally conductive adhesive between the accommodating part and thermal sensor so it is filled with thermally conductive adhesive because as disclosed by Lee this will serve to reduce the thermal contact resistance between the thermistor and the battery cells.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izawa (US 20060028183 A1) as applied to claims 1-5 and 16-18 above and in further view of Kang (US 20230344027 A1).
Regarding claims 10 and 11, modified Izawa discloses all the claim limitations as set forth above.
However, Izawa does not disclose that the battery pack further comprises a printed circuit board, the printed circuit board being fixed to the support, and located on the same side of the support as the thermistor.
Kang discloses a battery pack (Figs. 2-20, Abstract [0062]-[0079]) that comprises a first hole (SH, (230, opening inside of SH supports thermistor, see Fig. 12 [0098] [0122])) which accommodates a thermistor device in a support (175 and 171 [0081]-[0084]) supporting a battery unit (see Fig. 5 layers 149, 145/146, and 150 form a unit [0063][0097]) and the battery pack further comprises a printed circuit board (210), the printed circuit board being fixed to the support (175 and 171), and located on the same side of the support as the thermistor (See Fig. 9 and Fig. 7) and the circuit board comprises a second opening (see Fig. 9 portion which 240 is accommodated in) which aligns with opening (SH).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the battery pack of Izawa to have a printed circuit board as disclosed by Kang to accommodate the position member and thermistor as disclosed by Kang because it will allow for additional components to be mounted and easier assembly and alignment of sensor components.
Allowable Subject Matter
Claims 12-15 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726
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