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 1-12 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 limitation “a heat application means” has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because this element is not a part of the battery module. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
For the purpose of examination, a heat application means is not taken to be positively required as a part of the claimed battery module. In so much as, if the inspection through hole of the prior art is capable of the claimed functionality, then the claim is met.
Claim Rejections - 35 USC § 102
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Elringklinger (DE 10 2013 220044 cited in IDS, using applicant’s machine translation).
In regard to claim 1, Elringklinger teaches a battery module (electrochemical device 100) comprising: a cell including a battery container 104 housing a battery element (cells 102b in housing 104 – paragraphs [0082-0090); a temperature detector (sensor 174 – paragraph [0190]) thermally connected with the battery container in contact with the outer surface of the battery container; and
an electrically insulating rigid covering member (cover layer 140 of polyurethane – paragraph [0193]) which partly covers the battery container and brings the temperature detector into contact with the battery container, wherein an inspection through hole (through opening 240, access opening 250) through which a heat application means (in order to perform joining process) is passed is formed in the covering member and the temperature detector is disposed in a position outside a heat application area obtained by orthographically projecting the inspection through hole onto the outer surface of the battery container (paragraph [0183] – “so that through such a through opening 240 a cell terminal 112 can be connected to an associated contact region 152 of a cell connector 124 or a power connection connector 126 by a joining process.” – see annotated figure 6 below, paragraphs [0183-0197], joining processes such as laser and spot (i.e. resistance) welding are described in paragraph [0201]).
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In regard to claim 2, Elringklinger teaches the battery module according to claim 1, wherein the temperature detector 174 is disposed in the outer surface on the side of a cell positive electrode terminal and a cell negative electrode terminal (cells terminals 112c, 112d) provided in the battery container, and wherein the covering member 140 is so disposed as to cover the temperature detector 174 and the temperature detector is disposed adjacently to the heat application area (through hole 240 allows for connection of cell connectors 124) formed by the inspection through hole (paragraph [0091-0094], figure 1 or 4 in combination with figure 6 above).
In regard to claim 3, Elringklinger teaches the battery module according to claim 2, wherein the temperature detector 174 is provided in the covering member 140 in a position adjacent to the inspection through hole 240 formed in the covering member (figure 6 above).
In regard to claims 4-7, Elringklinger teaches the battery module according to claim 2, wherein the heat application means transfers heat to the battery container in contact with the heat application area such as by laser welding or spot (i.e. resistance) welding (paragraph [0055, 0139, 0183, 0201]). As noted above, it is unclear if the heat application means is positively required by the instant claims. In any event, the Examiner notes that claim limitations related to the heat application means are drawn to products by process. Per MPEP 2113, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) In the instant case, the product set forth in product-by-process claims (as claimed) are the same as that set forth by the prior art above which performs welding joining process through the openings 240 (paragraph [0201]).
In regard to claim 8, Elringklinger teaches laser or spot welding (paragraph [0055, 0201]) which will naturally result in a heat application marking is provided in the heat application area, such as a weldment of the joined connectors at connection points 258.
In regard to claim 9, Elringklinger teaches a protective sheet (insulating sheet 142) is laid in an area of the battery container on the side where the temperature detector, the cell positive electrode terminal, and the cell negative electrode terminal are located except the heat application area (paragraphs [0095-0098], figures 3, 6).
In regard to claim 10, Elringklinger teaches the battery module according to claims above, wherein a plurality of the cells 102 are laminated in one direction to form a cell group, and wherein the covering member 140 is extended in the one direction so as to cover the cell group and includes an opening opened in a predetermined position and a signal leader wire (sensor connection line 178 – paragraph [0113]) of the temperature detector is led out of the opening, the signal leader wire being disposed along the one direction of the covering member (figure 6 above).
In regard to claim 11, Elringklinger teaches two rows of the inspection through holes 240 are intermittently and continuously formed in the covering member along the one direction at both ends in a direction orthogonal to the one direction and the signal leader wire is disposed between the two rows of the inspection through holes (figure 6 above).
In regard to claim 12, Elringklinger teaches the signal leader wire 178 is connected to a socket (signal line connection 122) fixed to the covering member (paragraph [0122], figure 6 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Won et al. (USP 9,099,724 newly cited) teaches a similar battery module and a cover with through holes through which welding is performed (see figure 1 above).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P D'ANIELLO whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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