DETAILED ACTION
Reissue
The present reissue application is directed to US 11,600,891 B2 (“891 Patent”). 891 Patent issued on March 7, 2023 with claims 1-21 from application 17/014,768 filed on September 8, 2020, and does not claim priority to any previous applications.
This application was filed on April 18, 2025. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
Broadened claims are not permitted in this reissue application because Applicant did not present broadened claims or otherwise demonstrate an intent to broaden within two years of the issue date of 891 Patent.
The most recent amendment was filed on April 18, 2025. The status of the claims is:
Claims 1, 7, 8, and 12: Amended
Claims 2-6, 9-11, and 13-21: Original
This is a first, non-final action.
References and Documents Cited in this Action
891 Patent (US 11,600,891 B2)
Spilker (US 2015/0228937 A1)
Summary of Rejections and Objections in this Action
Claims 1-21 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Spilker.
Claims 4-21 may contain allowable subject matter.
Summary of the Claims
891 Patent is directed to a battery including first and second circuit boards and a battery stack. Claim 1 is representative:
1. A battery comprising:
a first circuit board characterized by a first surface and a second surface opposite the first surface, wherein the second surface comprises a conductive layer;
a battery stack overlying the first circuit board and electrically coupled with the second surface of the first circuit board, wherein the battery stack comprises a plurality of battery cells;
a second circuit board overlying the battery stack, wherein the second circuit board is characterized by a first surface and a second surface opposite the first surface,
wherein the second surface comprises a conductive layer, and wherein the battery stack is electrically coupled with the second surface of the second circuit board; and
a power distribution block electrically coupled with the first surface of the first circuit board along a first edge of the first circuit board, wherein the power distribution block is also electrically coupled with the first surface of the second circuit board along a first edge of the second circuit board,
wherein the first circuit board is characterized by a second edge extending orthogonally to the first edge, and wherein the second edge is plated with a conductive material extending about the second edge and coupling the second surface of the first circuit board with the first surface of the first circuit board.
Claims 1 and 12 are the independent claims. Claim 12 also recites retaining members.
Oath/Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because the statement of at least one error is incomplete:
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Examiner was unable to find any additional sheets with the rest of the cut off text in the application file. A new declaration is required (rather than merely correcting the error statement in remarks) since no proper declaration has been yet entered.
Claim Rejections - 35 USC § 251
Claims 1-21 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Spilker.
Regarding claim 1, Spilker discloses a battery (Figures 1-3, and 5) comprising:
a first circuit board 300 characterized by a first surface 312 and a second surface 314 opposite the first surface, wherein the second surface comprises a conductive layer (paragraphs [0046]-[0053]);
a battery stack (i.e., cell block 102) overlying the first circuit board 300 and electrically coupled with the second surface of the first circuit board, wherein the battery stack comprises a plurality of battery cells 200 (Figure 5 shows cell block 102 coupled with the second surface of first circuit board 300, wherein one in the art would understand that cell block 102 would be “overlying” first circuit board 300 if the perspective of Figure 5 were rotated such that the elements were lying down on the first circuit board);
a second circuit board 302 overlying the battery stack, wherein the second circuit board is characterized by a first surface 312 and a second surface 314 opposite the first surface, wherein the second surface comprises a conductive layer, and wherein the battery stack is electrically coupled with the second surface of the second circuit board (i.e., second circuit board 302 is similar to first circuit board 300, and Figure 5 shows cell block 102 also coupled with the second surface of the second circuit board 302; paragraphs [0046]-[0053]; see also Figures 3A-C); and
a power distribution block (i.e., grouping pin connector 304) electrically coupled with the first surface of the first circuit board along a first edge of the first circuit board, wherein the power distribution block is also electrically coupled with the first surface of the second circuit board along a first edge of the second circuit board (Figures 3A-C show grouping pin connector 304 connected to the shorter first edges of first circuit board 300 and second circuit board 302; paragraphs [0054]-[0055]),
wherein the first circuit board 300 is characterized by a second edge extending orthogonally to the first edge (i.e., the longer edge orthogonal to the shorter edge of first circuit board 300), and wherein the second edge has conductive material extending along the second edge and coupling the second surface of the first circuit board with the first surface of the first circuit board (i.e., traces 310 and 320 have conductive material and extend along the longer second edge of first circuit board 300 and couple the second surface 314 with the first surface 312; paragraph [0052]-[0054]).
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Further regarding claim 1, Spilker does not specifically disclose that the second edge is plated with a conductive material extending about the second edge, but one of ordinary skill in the art would have found a change of shape of the conductive trace on the second edge (that already disclosed by Spilker) obvious absent evidence that the particular “extending about” configuration is significant. The change in shape from the trace disclosed by Spilker to one that extends about the edge would simply yield the predictable result of providing electrical connection between the same elements. 891 Patent discloses a conductive trace on the second edge that may “wrap around” the edge merely as an alternative without particular advantage (891 Patent, column 11, lines 1-9).
Regarding claim 2, Spilker discloses that the conductive material comprises a plurality of conductive vias (i.e., holes, e.g. “Contact with each trace is made by providing a hole extending through the circuit board from the second side 314”; paragraph [0049]; Figures 3A-C).
Regarding claim 3, Spilker discloses that the plurality of conductive vias are distributed equidistantly along the second edge of the first circuit board at least in the sense that Figure 3C shows a first row of holes distributed equidistantly along the second edge of the first circuit board (shown as black squares corresponding to spring connectors 318 in Figure 3C).
Allowable Subject Matter
Claims 12-21 would be allowed if Applicant overcomes the 35 U.S.C. 251 rejection. Claims 4-11 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 if Applicant overcomes the 35 U.S.C. 251 rejection.
The prior art does not specifically disclose or specifically teach a battery including the combination of all of the elements, steps, and limitations recited in claims 4-21 (including all of the limitations of any respective parent claims), particularly
wherein a plurality of conductive traces are formed along the first surface of the first circuit board extending from the first edge of the first circuit board to the second edge of the first circuit board to electrically couple with the plurality of conductive vias through the first circuit board (e.g., claims 4-11); or
comprising a plurality of retaining members coupling the second circuit board with the first circuit board, wherein each retaining member of the plurality of retaining members extends through a separate aperture of the plurality of apertures through the active region of the battery stack (e.g., claims 12-21).
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at https://www.uspto.gov/patents/laws/interview-practice.
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Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/Patricia L Engle/SPRS, Art Unit 3991