DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities:
The specification does not disclose that the second electrode lead is a negative terminal of the first cell, as recited in new claim 14.
Appropriate correction is required.
Claim Objections
Claim 14 is objected to because of the following informalities:
In claim 14, there is lack of antecedent basis in the specification for the second electrode lead being a negative terminal of the first cell.
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.
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.
Claims 1, 2, 4-12, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over KR102029422 to Kang (see the translation in the last Office action dated 2/5/26) in view of U.S. Patent Application Publication 2023/0021324 to Hunt et al [hereinafter Hunt].
Referring to claim 1, Kang discloses (figures 3, 4; paragraphs 25-32) a temperature sensing member (20) located between two adjacent battery cells (C), the temperature sensing member (20) comprising:
a main body (210) configured to be arranged in parallel to a surface of a first cell of the two adjacent battery cells (C), the main body (210) having a plate shape and a major surface, the major surface facing the surface of the first cell (figure 3; paragraphs 25-27); and
a temperature measurer (220, 230) inserted into a first side of the main body (210) (the top side of the main body 210), the first side of the main body (210) being adjacent to the major surface of the main body (210) (figure 3; paragraphs 25-27), the temperature measurer (220, 230) being configured to measure a temperature of the surface of the first cell (paragraphs 25-28);
wherein the temperature measurer (220, 230) includes a temperature sensor located at a first point of the main body (210) (paragraphs 25-28).
Kang does not disclose that the first point corresponds to a hot spot region of the first cell that experiences a local-maximum temperature of the surface of the first cell during an operation of the first cell such that the temperature sensor located at the first point is configured to measure the local-maximum temperature at the hot spot region of the first cell.
However, Hunt discloses (paragraphs 2, 4, 11-15) that it is desirable to obtain a temperature of a point that corresponds to a hot spot region of a battery cell that experiences a local-maximum temperature of the surface of the battery cell during an operation of the battery cell such that the temperature sensor located at the point is configured to measure the local-maximum temperature at the hot spot region of the battery cell in order to prevent thermal runaway, battery fires, and explosion (paragraphs 2, 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the temperature measurer of Kang include a temperature sensor located at the first point that corresponds to a hot spot region of the first cell that experiences a local-maximum temperature of the surface of the first cell during an operation of the first cell such that the temperature sensor located at the first point is configured to measure the local-maximum temperature at the hot spot region of the first cell, as suggested by Hunt, in order to prevent thermal runaway, battery fires, and explosion.
Referring to claim 2, Kang in view of Hunt disclose a member having all of the limitations of claim 2, as stated above with respect to claim 1, except for Kang disclosing the first side having a protruding shape.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shape the first side of the main body of Kang in view of Hunt so as to have a protruding shape in order to support and strengthen the end (top of 230) of the temperature measurer (220/230) of Kang; and since the shape of the first side of the main body claimed by applicant is only considered to be obvious modifications of the shape or configuration of the first side of the main body disclosed by Kang in view of Hunt as the courts have held that a change in shape or configuration without any criticality is within the level of skill in the art since the particular shape claimed is nothing more than one of numerous shapes that a person having ordinary skill in the art would have been able to provide using routine experimentation based on its suitability for the intended use of the invention. See In re Dailey, 149 USPQ 47 (CCPA 1976).
Referring to claim 4, Kang in view of Hunt disclose a member having all of the limitations of claim 4, as stated above with respect to claim 3, wherein Kang further discloses that the temperature sensor (220) is located at a first distance from the first side (see figure 3, where the temperature sensor 220 is located at a first distance from the first side), but does not explicitly disclose the distance having a value of 5 to 20% of a length of the main body.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first point location of the temperature sensor of Kang in view of Hunt be at a location that is at a distance having a value of 5 to 20% of a length of the main body in order to provide a desired accuracy of the temperature measurement of the battery cell in order to measure the temperature of the hot spot and prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claim 5, Kang in view of Hunt disclose a member having all of the limitations of claim 5, as stated above with respect to claim 1, wherein Kang further discloses that the temperature measurer (220/230) includes a connector (JC) for forming an electrical connection with an external device (serial communication with the outside) (paragraphs 29-31), and wherein the connector (JC) is arranged so as to protrude from the main body (210) (figure 3).
Referring to claim 6, Kang in view of Hunt disclose a member having all of the limitations of claim 6, as stated above with respect to claim 1, wherein Kang further discloses that the main body (210) has a thickness (figure 3), but does not explicitly disclose that the thickness of the main body is 0.3 mm to 0.7 mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thickness of the main body of Kang in view of Hunt be 0.3 mm to 0.7 mm in order to fit between two particular battery cells and contact the surface of the first cell in order to measure the temperature of the hot spot and prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claim 7, Kang in view of Hunt disclose a member having all of the limitations of claim 7, as stated above with respect to claim 1, wherein Kang further discloses that the main body (210) is made of an elastic material with low thermal conductivity (paragraph 27), but does not explicitly disclose that these materials are polypropylene (PP) or polycarbonate (PC).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the main body of Kang in view of Hunt of polypropylene (PP) or polycarbonate (PC) in order to provide a desired or available elastic material with low thermal conductivity since Kang discloses that the main body is made of an elastic material with low thermal conductivity (as is polypropylene (PP) or polycarbonate (PC)); and since the particular type of material used to make the main body is only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known materials that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Referring to claim 8, Kang in view of Hunt disclose a battery module ((P) of Kang) comprising the temperature sensing member of claim 1 (as stated above) (Kang: figure 3; paragraph 25).
Referring to claim 9, Kang in view of Hunt disclose a battery pack ((P) of Kang) comprising the temperature sensing member of claim 1 (as stated above) (Kang: figure 3; paragraph 25).
Referring to claim 10, Kang in view of Hunt disclose a module having all of the limitations of claim 10, as stated above with respect to claim 8, wherein Kang further discloses a plurality of battery cells (C) arranged in a battery cell stack (P) along a first direction (figures 3, 7, 10), the plurality of battery cells (C) including the two adjacent battery cells (figure 3); a pair of side surface plates located at opposing ends of the battery cell stack (P) in the first direction (forming rack (R)) (figure 7); and a bus bar frame (for serial communication) configured to cover a front surface of the battery cell stack and a rear surface of the battery cell stack (P) (figure 10; paragraphs 52-57).
Referring to claim 11, Kang in view of Hunt disclose a member having all of the limitations of claim 11, as stated above with respect to claim 1, wherein Kang further discloses that the operation of the first cell includes at least one of charging the first cell or discharging the first cell (paragraph 52).
Referring to claim 12, Kang in view of Hunt disclose a member having all of the limitations of claim 12, as stated above with respect to claim 6, wherein Kang further discloses that the main body (210) has a thickness (figure 3), but does not explicitly disclose that the thickness of the main body is 0.4 mm to 0.6 mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thickness of the main body of Kang in view of Hunt be 0.4 mm to 0.6 mm in order to fit between two particular battery cells to contact the surface of the first cell in order to measure the temperature of the hot spot and prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claims 15-17, Kang in view of Hunt disclose a member having all of the limitations of claims 15-17, as stated above with respect to corresponding claims 1 and 7, wherein Kang further discloses that the major surface has an area and a shape corresponding to the surface of the first cell (C) such that the major surface is configured to cover at large portion of a total area of the surface of the first cell (figure 3); but does not explicitly disclose that the major surface is configured to cover at least 70% of the total area of the surface of the first cell (as in claims 15 and 17); and that the major surface covers at least 80% of a total area of the surface of the first cell (as in claim 16).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the major surface of Kang in view of Hunt so as to cover at least 70% of the total area of the surface of the first cell (as in claims 15 and 17); and the major surface cover at least 80% of a total area of the surface of the first cell (as in claim 16) in order to fit mostly between the surfaces of two particular battery cells to contact the surface of the first cell to measure the temperature of the hot spot and prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Referring to claims 18 and 19, Kang in view of Hunt disclose a member having all of the limitations of claims 18 and 19, as stated above with respect to corresponding claims 17 and 1, wherein Kang further discloses that the main body is shaped to correspond to a surface of the first cell (figure 3), but does not explicitly disclose that the main body is shaped to correspond to a non-uniform surface of the first cell (as in claims 18 and 19).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shape the main body of Kang so as to correspond to a non-uniform surface of the first cell (as in claims 18 and 19) to contact the surface of the first cell in order to measure the temperature of the hot spot and prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since the shape of the main body claimed by the applicant is only considered to be obvious modifications of the shape or configuration of the main body disclosed by Kang in view of Hunt as the courts have held that a change in shape or configuration is within the level of skill in the art since the particular shape claimed is nothing more than one of numerous shapes that a person having ordinary skill in the art would have been able to provide using routine experimentation based on its suitability for the intended use of the invention. See In re Dailey, 149 USPQ 47 (CCPA 1976).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kang.
Referring to claim 20, Kang discloses (figures 3, 4; paragraphs 25-32) a temperature sensing member (20) located between two adjacent battery cells (C), the temperature sensing member (20) comprising:
a main body (210) configured to be arranged in parallel to a surface of a first cell of the two adjacent battery cells (C), the main body (210) having a plate shape and a major surface, the major surface facing the surface of the first cell (figure 3; paragraphs 25-27); and
a temperature measurer (220, 230) including a temperature sensor, the temperature measurer being mounted on the main body (210) and configured to measure a temperature of the first surface of the first cell (paragraphs 25-28);
wherein the temperature sensor is located on the major surface of the main body (250) (paragraph 28).
Kang further discloses that the major surface has an area and a shape corresponding to the surface of the first cell (C) such that the major surface is configured to cover at large portion of a total area of the surface of the first cell (figure 3); but does not explicitly disclose that the major surface is configured to cover at least 70% of the total area of the surface of the first cell; further discloses that the main body is shaped to correspond to a surface of the first cell (figure 3), but does not explicitly disclose that the main body is shaped to correspond to a non-uniform surface of the first cell; and further discloses that the main body (210) has a thickness (figure 3), but does not explicitly disclose that the thickness of the main body is 0.3 mm to 0.7 mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the major surface of Kang so as to cover at least 70% of the total area of the surface of the first cell in order to cover most of the surface of the first cell in order to measure the temperature of a desired surface area and obtain more accurate temperature measurements of the first cell; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shape the main body of Kang so as to correspond to a non-uniform surface of the first cell in order to contact the surface of the first cell to obtain more accurate temperature measurements; and since the shape of the main body claimed by the applicant is only considered to be obvious modifications of the shape or configuration of the main body disclosed by Kang as the courts have held that a change in shape or configuration is within the level of skill in the art since the particular shape claimed is nothing more than one of numerous shapes that a person having ordinary skill in the art would have been able to provide using routine experimentation based on its suitability for the intended use of the invention. See In re Dailey, 149 USPQ 47 (CCPA 1976).
Lastly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thickness of the main body of Kang be 0.3 mm to 0.7 mm in order to fit between two particular battery cells to contact the surface of the first cell and obtain more accurate temperature measurements; and since it has been held that, where the general conditions of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine skill in the art. See In re Aller, 105 USPQ 233 (CCPA 1995).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Hunt.
Referring to claim 21, Kang discloses a member having all of the limitations of claim 21, as stated above with respect to claim 20, except for the temperature sensor comprising a thermistor located at a central longitudinal axis of the main body.
However, Hunt discloses that thermistors are useful for measuring a temperature of a hot spot of a battery cell in order to prevent thermal runaway, battery fires, and explosion (paragraphs 2, 4, 11-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a thermistor as the temperature sensor of Kang in order to measure a temperature of a hot spot of the first cell in order to prevent thermal runaway, battery fires, and explosion, as suggested by Hunt.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the temperature sensor (thermistor) of Kang in view of Hunt at a central longitudinal axis of the main body in order to obtain a temperature measurement at a center between the two adjacent battery cells to prevent thermal runaway, battery fires, and explosion, as suggested by Hunt; and since the location of the temperature sensor claimed by the applicant is considered to be nothing more than a design choice since the particular location claimed by the applicant is nothing more than one of numerous locations that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide in order to detect a temperature of a hot spot of a battery cell as already suggested by Kang in view of Hunt.
Allowable Subject Matter
Claims 13 and 14 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, and amended to overcome the objection set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A temperature sensing member located between two adjacent battery cells, wherein a total length of the first cell includes the surface of the first cell, the first electrode lead, and the second electrode lead; and wherein the first point is arranged to be located between 5% and 20% of the total length of the first cell measured from the second electrode lead to correspond to the hot spot region (claim 13).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered, but are moot in view of the new grounds of rejection stated above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
6/5/26
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