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 .
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
In claim 1, “one surface of the battery cell” should be changed to --one surface of the two adjacent battery cells-- in line 3 (it is not clear which one of the two adjacent battery cells, as recited in lines 1-2 of the preamble, is being referred to by the “one surface of the battery cell” recited in line 3; and --surface of the-- should be added before “battery cell” in line 6.
In claim 3, --temperature-- should be added before “measurer” in line 2.
Appropriate correction is required.
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.
Claims 1, 3, 5, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR102029422 to Kang (see the attached translation).
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 one surface of the battery cell (C) (figure 3; paragraphs 25-27), and
a temperature measurer (220, 230) mounted on the main body (210) and measuring the temperature of the battery cell (C) (figure 3; paragraphs 25-27),
wherein the main body (210) has a plate shape (figure 3), and wherein the temperature measurer (220/230) is inserted into first side of the main body (210) (the top side of the main body 210) (figure 3; paragraph 28).
Referring to claim 3, Kang discloses that the temperature measurer (220/230) includes a temperature sensor (220), and that the temperature sensor (220) is located at a first point of the main body (210) (figure 3; paragraphs 25-28).
Referring to claim 5, Kang 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 8, Kang discloses a battery module (P) comprising the temperature sensing member of claim 1 (as stated above) (figure 3; paragraph 25).
Referring to claim 9, Kang discloses a battery pack (P) comprising the temperature sensing member of claim 1 (as stated above) (figure 3; paragraph 25).
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 2, 4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kang.
Referring to claim 2, Kang discloses a member having all of the limitations of claim 2, as stated above with respect to claim 1, except for 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 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 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 discloses a member having all of the limitations of claim 4, as stated above with respect to claim 3, wherein Kang further discloses that the first point location of the temperature sensor (220) is a point located 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 first 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 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 (Kang suggests that it is desirable to provide a temperature sensor at multiple different distances from the first side of the main body; figure 3); 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 6, Kang discloses 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 be 0.3 mm to 0.7 mm in order to fit between two particular battery cells to obtain a proper temperature measurement; 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 discloses 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 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.
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing a temperature sensing member for battery cells.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
2/1/26