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 Objections
Claim 1 is objected to because of the following informalities: “the signal line” should read --a signal line--. Appropriate correction is required.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 20160133908 A1), hereinafter “Zhao”, in view of Brueggenolte et al. (WO 2009153094 A), hereinafter “Brueggenolte”, and Yong et al. (KR 20230170218 A), hereinafter “Yong”, wherein English machine translations of Brueggenolte and Yong are used and cited herein.
Regarding claim 1, Zhao teaches a battery module 110 with a plurality of battery cells 112 arranged in a stacked configuration side-by-side (Zhao, [0022], lines 1-4; Fig. 2) with a bus bar for electrically connecting adjacent battery cells (Zhao, [0006], lines 5-14), and pockets in the carrier housing 104 that hold the bus bars 130 (corresponding to the claimed busbar holder) that may allow independent movement of the terminal tabs (corresponding to the claimed exposed electrode terminals) (Zhao, [0044], lines 9-11). Zhao also teaches a circuit board 210 with a body portion that may be a flexible printed circuit board and may comprise soldered wires 198 (Zhao, Fig. 10; [0044], lines 14-17; [0041], lines 15-18), a voltage sensor 190 coupled to the busbar 130 (Zhao, [0039], lines 1-4), and a temperature sensor 192 connected to the wires 198 that may be soldered to a circuit board of the circuit module 108 (corresponding to the claimed connection line connecting the signal line and the sensor in the film) (Zhao, [0041], lines 6-8 & 15-18).
Zhao does not teach a rechargeable battery, the flexible printed circuit covered with a film, and a slot hole passing through the film along a perimeter of the sensor to define the connection portion, and having a penetration width. Yong discloses cylindrical lithium-ion batteries (corresponding to the claimed rechargeable battery) as an alternative to other rechargeable batteries used in fields such as electric vehicles and energy storage systems (Yong, [0004], lines 1-3 & 5-7). Yong also teaches a protective layer 40, wherein Figs. 2 and 9 show the protective layer covering a substrate 510 that may be a flexible printed circuit board (Yong, Fig. 2 & 9; [0029], line 2-4; [0084]). Brueggenolte teaches a printed circuit board with at least one recess provided around the chip area in the substrate (corresponding to the claimed slot hole passing through the film along a perimeter of the sensor to define the connection portion, and having a penetration width) (Brueggenolte, Fig. 2; [0023], lines 1-3). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute Yong’s rechargeable battery for the battery module of Zhao in order to develop a high stability battery module (Yong, [0006], lines 1-2), and to add Yong’s protective layer in order to prevent fire or explosion from spreading (Yong, [0101], lines 1-2) and to add Brueggenolte’s circuit board recess to the battery module of Zhao to achieve far reaching stress decoupling in a substrate (Brueggenolte, [0012], lines 1-2).
Regarding claim 2, Zhao teaches a circuit board 210 with a body portion comprising a planar area with a length and width in perpendicular directions (Zhao, Fig. 10) and a voltage sensor 190 coupled to a bus bar 130 (Zhao, [0039, lines 1-4). Zhao does not teach a sensor placed in the planar area of the flexible printed circuit board. Yong teaches a sensor disposed on the flexible printed circuit board with a plurality of wires electrically connecting the terminal and the sensor (corresponding to the claimed sensor connected to the body portion by the connection portion) (Yong, [0015], lines 3-4; [0086], lines 1-3, [0085], line 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute Yong’s sensor placement and wired connection for the sensor placement and connection of Zhao and Brueggenolte to avoid fixing the sensor with bolts, thereby lowering the risk of a short circuit (Yong, [0088], lines 1-3; [0089], lines 1-3).
Regarding claim 3, Zhao teaches a bus bar assembly 106 may be a bimetal busbar, such as a Cu-Al bimetal busbar having an aluminum terminal tab 134, a copper terminal tab 136, and a voltage sensor 220 that may comprise the same material as the corresponding terminal tab, such as copper (Zhao, [0046], lines 4-9). Zhao also teaches a voltage sensor 190 electrically connected to the corresponding bus bar 130, such as by welding (Zhao, [0040], lines 3-6). Therefore, the claimed welded portion of the busbar and the sensor comprising aluminum and copper would be the natural result of the combination of the bimetal busbar and the welded sensor and busbar, explicitly disclosed by the prior art. See MPEP § 2112.
Regarding claim 4, Yong teaches a sensor unit electrically connected to the bus bar through laser welding (Yong, [0086], lines 1-4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute Yong’s laser welded sensor unit for the sensor of Zhao and Brueggenolte to avoid fixing the sensors with bolts, thereby lowering the risk of a short circuit (Yong, [0088], lines 1-3; [0089], lines 1-3).
Regarding claim 5, Zhao teaches a voltage sensor 190 electrically connected to the corresponding bus bar 130 and that the sensor may be terminated by soldering (corresponding to the claimed soldering bonding of the busbar and sensor) (Zhao, [0040], lines 3-8).
Regarding claim 6, Zhao teaches a temperature sensor connected to wires 198 that may be soldered to a circuit board (corresponding to the claimed connection line having a line width) (Zhao, [0041], lines 6-8 & 15-18). Zhao does not teach a first connection width and a second connection width respectively between opposite sides of the connection line and opposite ends of the slot hole. However, Brueggenolte teaches a substrate with recesses 20 around the chip area 15 that run vertically through the entire thickness of the substrate 5 (corresponding to the claimed slot hole) (Brueggenolte, [0025], line 3; Fig. 2). Further, Fig. 2 of Brueggenolte shows an electrical cable 50 (corresponding to the claimed connection portion), and distances between the electrical cable 50 and the ends of the recesses (corresponding to the claimed first and second connection widths) (See modified Brueggenolte Fig. 2 below; Brueggenolte, [0030], lines 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Brueggenolte’s recesses to the battery module of Zhao and Yong to suppress thermal mechanical stress between the chip region 15 and the rest of the substrate 5 (Brueggenolte, [0025], lines 4-5).
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Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), and Yong (KR 20230170218 A), as applied to claims 1-6, and further in view of Wannemacher (US H921H), wherein English machine translations of Brueggenolte and Yong are used and cited herein.
Regarding claim 8, Wannemacher teaches a circuit board comprising U-shaped slots 36-39 (corresponding to the slot hole having a distance from an end of the sensor in the first direction toward the connection line) (Wannemacher, Fig. 3; Col. 3, lines 35-39). Wannemacher also teaches that the size and shape of the beams 21 and 22, defined by slots 36-39, is a result effective variable wherein the size and shape of the beams determine their flexibility, which relieves stresses caused by thermal expansion, thermal contractions, and mechanical vibrations (Wannemacher, Fig. 1; Col. 3, lines 21-24 & 51-55). It would have been obvious to choose the dimensions of the instantly claimed distance between the connection line and slot hole through routine experimentation to provide an appropriate amount of flexibility for the total module flow amount, since it has been held that where the general condition of a claim is disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. See MPEP § 2144.05.
Regarding claim 9, Wannemacher teaches that the size and shape of the U-shaped slots 36-39 may be chosen by the fabricator to provide an appropriate amount of flexibility as required to relieve any stresses caused by thermal expansions, thermal contractions, and mechanical vibrations (corresponding to the claimed distance of the slot hole being greater than a sum of swelling amounts of the battery cells) (Wannemacher, Col. 3, lines 49-55). Furthermore, Wannemacher teaches that the size and shape of the slots in a circuit board is a result effective variable wherein the size and shape of the slots result in board flexibility that relieves stresses caused by thermal expansions, thermal contractions, and mechanical vibrations (Wannemacher, Col. 2, lines 32-40; Col. 3, 49-55). It would have been obvious to choose the dimensions of the instantly claimed slot hole distance through routine experimentation to provide an appropriate amount of flexibility, since it has been held that where the general condition of a claim is disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. See MPEP § 2144.05.
Regarding claim 10, Wannemacher teaches that the cutting geometric forms in a circuit board is a result effective variable wherein the size and shape of the slots result in board flexibility that relieves stresses caused by thermal expansions and contractions, and mechanical vibrations (Wannemacher, Col. 2, lines 32-40; Col. 3, 49-55). Furthermore, Wannemacher teaches that the size and shape of a U-shaped slot may be chosen by the fabricator to provide an appropriate amount of flexibility as required (Wannemacher, Col. 3, lines 49-51). It would have been obvious to choose the dimensions of the instantly claimed first and second connection widths compared to the line width through routine experimentation to provide an appropriate amount of flexibility, since it has been held that where the general condition of a claim are disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. See MPEP § 2144.05.
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), and Yong (KR 20230170218 A), as applied to claims 1-6, and further in view of Xu et al. (EP 3944408 A1) as cited in the IDS dated 8/14/2024, hereinafter “Xu”, wherein English machine translations of Brueggenolte and Yong are used and cited herein.
Regarding claim 7, Brueggenolte teaches a substrate recess, wherein modified Fig. 2 above shows the ends of the recess are rounded (corresponding to the claimed opposite ends of the slot hole being round) (Brueggenolte, [0025], lines 5-6; Fig. 2). Brueggenolte does not teach the round slot hole ends having a diameter that is equal to the penetration width. However, Xu teaches a weakened portion comprising a first body portion and a first arc portion that is a circular arc structure with a diameter “D” that is equal to a width dimension of the first body portion (corresponding to the claimed equal diameter and penetration width) (Xu, [0010], lines 4-6; See modified Fig. 11 below). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Xu’s slot hole diameter and penetration width to the slot hole of Zhao, Brueggenolte, and Yong to reduce the risk of connection short circuit between the connection assembly and the battery module (Xu, [0005], lines 3-6).
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Regarding claim 11, Brueggenolte teaches recesses comprising rounded ends (corresponding to the claimed opposite ends of the slot hole having a round shape) (Brueggenolte, Fig. 2). Brueggenolte does not teach the ends of the slot hole having a diameter that is greater than the penetration width toward the connection line. However, Xu teaches a weakened portion comprising a first body portion and a first arc portion having a diameter that is greater than the width dimension “a” of the first body portion (Xu, [0011], lines 4-6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Xu’s greater arc diameter to the slot hole of Zhao, Brueggenolte, and Yong to reduce the risk of connection short circuit between the connection assembly and the battery module (Xu, [0005], lines 3-6).
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), Yong (KR 20230170218 A), and Xu (EP 3944408 A1), as applied in claims 7 and 11, and further in view of Lamminger (DE 102007036939 A), wherein English machine translations of Brueggenolte, Yong, and Lamminger are used and cited herein.
Regarding claim 12, Lamminger teaches recesses 36 of a carrier plate 16 with sections that run at an acute angle and in particular at 90° to an imaginary straight connecting line of the at least two attachment points (corresponding to the claimed opposite ends having a round shape extending in the first direction) (See modified Lamminger Fig. 2 below; Lamminger, [0002], lines 3-4; [0021], lines 1-4; [0012], lines 1-4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Lamminger’s recess comprising a round shape, extended at an angle, to the battery module of Zhao, Brueggenolte, Yong, and Xu to keep components on the carrier plate stress-free under thermally induced expansion of the carrier plate (Lamminger, [0009], lines 3-5).
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Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), Yong (KR 20230170218 A), and Xu (EP 3944408 A1), as applied in claims 7 and 11, and further in view of Wannemacher (US H921H), wherein English machine translations of Brueggenolte, and Yong are used and cited herein.
Regarding claim 13, Wannemacher teaches that the size and shape of the slots in a circuit board is a result effective variable wherein the size and shape of the slots result in board flexibility that relieves stresses cause by thermal expansions, thermal contractions, and mechanical vibrations (Wannemacher, Col. 2, lines 32-40; Col. 3, 49-55). It would have been obvious to choose the dimensions of the instantly claimed slot hole end diameters through routine experimentation to provide an appropriate amount of flexibility for the entire flow amount of the battery module, since it has been held that where the general condition of a claim is disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. See MPEP § 2144.05.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), Yong (KR 20230170218 A), and Xu (EP 3944408 A1), as applied in claims 7 and 11, and further in view of Fu et al. (CN 219040557 U), hereinafter “Fu”, wherein English machine translations of Brueggenolte, Yong, and Fu are used and cited herein.
Regarding claim 14, Zhao teaches a voltage sensor 190 electrically connected to the corresponding busbar 130, such as by welding the voltage sensor 190 to the base 132 (corresponding to the claimed welded portion welded to the busbar) (Zhao, [0040], lines 3-6). Zhao does not teach a notch portion on at least one side of the welded portion and an adhesive in the notch portion. However, Fu teaches a battery module comprising temperature sensors respectively set in multiple slots and electrically connected to a circuit board (corresponding to the claimed notch portion) (Fu, [0005], lines 14-17), and a thermally conductive adhesive that fills the multiple slots (corresponding to the claimed adhesive portion in the notch portion) (Fu, [0005], lines 14-17). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Fu’s adhesive filled slots to the battery module of Zhao, Brueggenolte, Yong, and Xu to stabilize the temperature sensor (Fu, [0020], lines 7-10).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), Yong (KR 20230170218 A), and Xu (EP 3944408 A1), as applied in claims 7 and 11, and further in view of Huang et al. (CN 108767178 A), hereinafter “Huang”, wherein English machine translations of Brueggenolte, Yong, and Huang are used and cited herein.
Regarding claim 15, Huang teaches an insulating film, such as polyethylene terephthalate (PET) (corresponding to the claimed adhesive or tape), comprising a plurality of busbar units bonded between the two layers of the insulating film (corresponding to the claimed adhesive attaching the busbar to the flexible printed circuit) (Huang, [0010] & [0011]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Huang’s insulating film to the battery module of Zhao, Brueggenolte, Yong, and Xu to provide insulation protection for the surface of the printed circuit board (Huang, [0044], lines 8-10).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), Yong (KR 20230170218 A), Xu (EP 3944408 A1), and Huang (CN 108767178 A), as applied in claim 15, and further in view of Fu (CN 219040557 U), wherein English machine translations of Brueggenolte, Yong, Huang and Fu are used and cited herein.
Regarding claim 16, Huang teaches a plurality of busbar units bonded between two insulating films (corresponding to the claimed adhesive or tape attaching the busbar and the film) (Huang, [0010]). Huang does not teach the adhesive or tape covering the sensor. However, Fu teaches a thermally conductive adhesive that covers multiple temperature sensors (Fu, [0005], lines 14-17). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Fu’s adhesive coverage of the sensor to the battery module of Zhao, Brueggenolte, Yong, Xu, and Huang to provide insulation protection for the surface of the printed circuit board (Huang, [0044], lines 8-10).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20160133908 A1), in view of Brueggenolte (WO 2009153094 A), and Yong (KR 20230170218 A), as applied in claims 1-6, and further in view of Pak et al. (EP 4148861 A1), hereinafter “Pak”, wherein English machine translations of Brueggenolte and Yong are used and cited herein.
Regarding claim 17, Pak teaches an extension portion 131a (corresponding to the claimed sensing tab) extending from the circuit member 131 toward the busbar 125, wherein a voltage sensing terminal 132 may be installed on an end of the extension portion 131a (corresponding to the claimed sensor) (Pak, Col. 8, lines 40-51). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Pak’s extension portion to the battery module of Zhao, Brueggenolte, and Yong to improve sensor handling and installation (Pak, Col. 8, lines 51-57).
Regarding claim 18, Brueggenolte teaches a printed circuit board with at least one recess provided around the chip area in the substrate (corresponding to the claimed slot hole) (Brueggenolte, Fig. 2; [0023], lines 1-3). Brueggenolte does not teach the sensing tab comprising a direct connection portion connected to the sensor, and a second connection portion connected to the busbar. However, Pak teaches an extension portion 131a (corresponding to the claimed sensing tab) extending from the circuit member 131 toward the busbar 125 (corresponding to the claimed second connection portion), wherein a voltage sensing terminal 132 may be installed on an end of the extension portion 131a (corresponding to the claimed sensor and first connection portion) (Pak, Col. 8, lines 40-51). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Pak’s extension portion to the battery module of Zhao, Brueggenolte, and Yong to improve sensor handling and installation (Pak, Col. 8, lines 51-57).
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.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of copending Application No. 18/487,976, hereinafter referred to as “the 976 application”, in view of Zhao (US 20160133908 A1).
Regarding the instant claim 1, claim 4 of the 976 application teaches a rechargeable battery module comprising:
a plurality of battery cells stacked in a first direction
a bus bar holder covering the battery cells and exposing electrode terminals of the battery cells in a third direction crossing a second direction, wherein the electrode terminals are exposed at both sides of the bus bar holder along the second direction crossing the first direction
a bus bar connecting the electrode terminals to a bus bar support portion of the bus bar holder
a flexible printed circuit (FPC) on the bus bar and comprising a copper foil (corresponding to the instantly claimed film covering the FPC)
a signal line to transmit a sensing signal
a connection line connecting the copper foil to the signal line
a slot hole around an outer periphery of the copper foil, that extends through the coating layer, and that has two ends, wherein, in the first direction, one end of the slot hole is on one side of the connection line and the other end of the slot hole is on an opposite side of the connection line.
Claim 1 of the 976 application does not disclose a sensor coupled to the busbar and a connection line connecting the signal line to the sensor in the film. However, Zhao discloses a voltage sensor 190 coupled to the bus bar 130 (Zhao, [0039], lines 1-4) and wires 198 that may be press-fit to a circuit board wherein a temperature sensor is connected to the wires 198 (Zhao, [0041], lines 15-8 & 6-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Zhao’s sensor and signal line to the battery module of the 976 application, to enable sensing of the corresponding battery cells (Zhao, [0040], lines 1-2).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/R.M.A./ Examiner, Art Unit 1734
/JONATHAN JOHNSON/ Supervisory Patent Examiner, Art Unit 1734
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