Prosecution Insights
Last updated: October 04, 2026
Application No. 17/878,555

THERMAL RUNAWAY SUPPRESSION ELEMENT AND THE RELATED APPLICATIONS

Non-Final OA §103§112
Filed
Aug 01, 2022
Priority
Aug 30, 2021 — provisional 63/238,322
Examiner
ALBAN, FELICITY BERNARD
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Prologium Holding Inc.
OA Round
3 (Non-Final)
53%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
19 granted / 36 resolved
-12.2% vs TC avg
Strong +38% interview lift
Without
With
+37.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
67.6%
+27.6% vs TC avg
§102
12.0%
-28.0% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/09/2026 has been entered. Claim Status Claims 9, 18, 24 are amended. Claims 1-8 have been cancelled. Claim 11 was previously cancelled. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/10/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Arguments Applicant’s arguments with respect to claim(s) 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specification Applicant’s amendment to the specification filed 3/9/2026 correcting typographical errors has been entered. Claim Rejections - 35 USC § 112(b) 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 9-10, 12-25 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 9 contains the limitation “and wherein the eutectic mixture contains AlCl3, NaCl and KCl at ratio of 61:26:13, 59:29:12, or 75:16:9, or contains AlCl3, NaCl, KCl and LiC1 at ratio of 76:11:5:8”. It is unclear if these are weight ratios or molar ratios. Appropriate correction is required. Further, Claim 9 contains the limitations “a thermal runaway suppression element, disposed inside or outside the packaging component” and “wherein the composite salt layer is configured to, in a molten state, form a positive passivation layer on a surface of positive active material powders of the positive active material layer to terminate an electrochemical reaction of the electrochemical reaction system, and form a passivation layer covering a surface of the negative active material layer to terminate the electrochemical reaction of the electrochemical reaction system”. It is unclear how a single thermal runaway suppression element containing a composite salt layer can be located outside a battery packaging and the composite salt layer also be configured to form a passivation layer on both the negative active material layer and the positive active material layer. Claims 10, 12-25 are rejected at least by virtue of their dependence on claim 9. Claim 24 contains the limitation “and wherein the restricting layer is inactive with the composite salt layer in the molten state”. It is unclear if inactive refers to chemically inert, higher melting temperature, etc. Appropriate correction is required. Claim Rejections - 35 USC § 112(d) The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Clwaim 10 contains the limitation "wherein the at least two single inorganic salts are selected from the group consisting of LiNO3, AlCl3, NaCl, KCl, LiCl, AlBr2,Ca(NO3)2 NaNO3, KNO3, ZnCl4, FeCl3 and FeBr3", however claim 10 depends from claim 9 which requires that "the eutectic mixture contains AlCl3, NaCl and KCl at ratio of 61:26:13, 59:29:12, or 75:16:9, or contains AlCl3, NaCl, KCl and LiC1 at ratio of 76:11:5:8". Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claim(s) 9-10, 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36). Reference is made to enclosed machine translation. Regarding claim 9, Aykol teaches a lithium battery with a thermal runaway suppression element ([0004]; abstract; [0007]), comprising: a packaging component; an electrochemical reaction system, packaged by the packaging component ([0018]); and a thermal runaway suppression element, disposed inside or outside the packaging component ([0021]; [0007]) and comprising a composite salt layer provided by a eutectic mixture containing at least two single inorganic salts, wherein the composite salt layer has a melting point between 90 to 150℃ ([0004]; [0017]; [0019]-[0020]; [0023]; [0026]), and at least one of the at least two single inorganic salts comprises a cation, which is an amphoteric metal ion or an alkali metal ion (Table 1); and wherein the electrochemical reaction system includes a positive active material layer, a negative active material layer and a separator disposed between the positive active material layer and the negative active material layer; wherein the positive active material layer and the negative active material layer are impregnated with an electrolyte ([0024]-[0026] electrolyte that percolate between the anode 1 and cathode 2 of the battery; Fig. 1; [0018]; [0021]); wherein the composite salt layer is configured to, in a molten state, form a positive passivation layer on a surface of positive active material powders of the positive active material layer to terminate an electrochemical reaction of the electrochemical reaction system, and form a passivation layer covering a surface of the negative active material layer to terminate the electrochemical reaction of the electrochemical reaction system ([0024]-[0026]). Aykol teaches a eutectic mixture that undergoes a phase change at temperatures below about 200° C., for example, below 150° C., or below 100° C ([0026]; [0004]; [0017]). The limitation “configured to, in a molten state, form a positive passivation layer on a surface of positive active material powders of the positive active material layer to terminate an electrochemical reaction of the electrochemical reaction system, and form a passivation layer covering a surface of the negative active material layer to terminate the electrochemical reaction of the electrochemical reaction system” is functional language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). Aykol discloses a eutectic composite salt material that undergoes phase change at elevated temperatures and is disposed in, for example, a separator ([0026]); therefore the composite salt layer of Aykol is capable of melting and creating a passivation layer covering the surface of both the negative electrode and the positive electrode, thereby meeting the claimed limitation. Aykol does not teach wherein the eutectic mixture comprises an organic salt, which is selected from the group consisting of 1-butyl-3-methylimidazolium chloride, 1-ethyl-3- methylimidazolium chloride, tetrabutylammonium bromide, tetraheptylammonium bromide and tributylhexadecylphosphonium bromide; and wherein the eutectic mixture contains AlCl3, NaCl and KCl at ratio of 61:26:13, 59:29:12, or 75:16:9, or contains AlCl3, NaCl, KCl and LiCl at ratio of 76:11:5:8. However, Sun teaches an improved phase change material ([0009]-[0012]; [0024]-[0026]) based on an ionic liquid comprising a metal salt and a quaternary ammonium salt or a quaternary phosphorous salt ([0011]). Sun teaches that including both an organic salt and an inorganic metal salt can achieve the positive attributes of each material while overcoming shortcomings of the individual materials, such as phase separation and supercooling of an inorganic phase change material and low thermal conductivity and poor cycle stability of an organic phase change material ([0024]-[0028]). Sun teaches that a metal salt, such as a metal chloride, and may be a mixture of two, three, or more salts mixed together ([0033]). Sun teaches that the anion of the quaternary ammonium salt or quaternary phosphorus salt is not limited and may be for example Br- ([0034]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the phase change material taught by Aykol by including an inorganic salt such as a quaternary ammonium salt as taught by Sun. One of ordinary skill in the art would have been motivated to modify the phase change material taught by Aykol by including an inorganic salt such as a quaternary ammonium salt as taught by Sun to improve the characteristics, such as phase stability and supercooling, of the phase change material ([0024]-[0028]). Aykol in view of Sun does not teach where a quaternary ammonium salt is selected from the group consisting of 1-butyl-3-methylimidazolium chloride, 1-ethyl-3- methylimidazolium chloride, tetrabutylammonium bromide, tetraheptylammonium bromide and tributylhexadecylphosphonium bromide. However, Monotonami teaches a phase change material containing a quaternary ammonium salt where the quaternary ammonium salt is selected as tetrabutylammonium bromide, tetrabutylammonium chloride, tetrabutylammonium nitrate, or tetrabutylammonium fluoride ([0065]; abstract) It would have been obvious to one of ordinary skill in the art to select tetrabutylammonium bromide, as taught by Monotonami, as the quaternary ammonium salt in the phase change material taught by Aykol in view of Sun. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07). Aykol in view of Sun and Monotonami does not teach wherein the eutectic mixture contains AlCl3, NaCl and KCl at ratio of 61:26:13, 59:29:12, or 75:16:9, or contains AlCl3, NaCl, KCl and LiC1 at ratio of 76:11:5:8. However, Robelin teaches a composite salt comprising AlCl3, NaCl and KCl (abstract) at various molar ratios (Abstract; section 7 pp. 694- 697; Table 6). Robelin teaches eutectic compositions of AlCl3, NaCl and KCl (Abstract; section 7 pp. 694- 697; Table 6) and teaches that a composition of, for example, 60.3 mol% AlCl3, 25.5mol% NaCl and 14.1 mol% KCl melts at around 90℃ (Table 6). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to further modified the phase change material taught by Aykol by substituting the metal salt component for a combination of AlCl3, NaCl and KCl as taught by Robelin. Further, the precise molar ratios of salt could readily be selected based on the disclosure of Robelin. One of ordinary skill in the art could have further modified the phase change material taught by Aykol by substituting the metal salt component for a combination of AlCl3, NaCl and KCl as taught by Robelin with a reasonable expectation of success because the ternary composite salt AlCl3, NaCl and KCl is known in the art to produce a phase change around 100℃. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07). Regarding claim 10, modified Aykol teaches wherein the at least two single inorganic salts are selected from the group consisting of AlCl3, NaCl and KCl (see claim 9 rejection above). Regarding claim 23, modified Aykol teaches the lithium battery of claim 9. Aykol further teaches wherein the composite salt layer is covered by a protecting layer, which is made of thermosetting polymer, thermoplastic polymer or liquid metal ([0021] the composite salt layer is covered by an epoxy matrix or encapsulated in an inert shell made of polymer, steel, glass, or ceramic; Epoxy is considered a thermosetting polymer). Regarding claim 24, Aykol teaches wherein a restricting layer is disposed to surround the thermal runaway suppression element to constrain a flow direction of the composite salt layer in the molten state and wherein the restricting layer is inactive with the composite salt layer in the molten state (Fig. 1; [0024]; element is sandwiched between element 7 and 4). Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36), as applied above, in further view of Yoon (US20210320345A1). Regarding claim 12, modified Aykol teaches the lithium battery of claim 9. Aykol teaches wherein a phase change material can be included in a continuous matrix or supported within a separator ([0021]; [0024]). Modified Aykol does not explicitly teach wherein the composite salt layer is supported by a substrate, which is made of a material that does not react with the composite salt layer in a molten state. However, Yoon teaches insulation sheets interposed between battery cells wherein the insulation sheets include a heat-insulating sheet with a plurality of through holes ([0051]) filled with a capsule phase change material ([0007]-[0012]; [0047]; [0052]-[0054]). Yoon teaches where heat-insulating sheets are composed of a heat resistance material such as mica or ceramic (par. [0048]; [0053] the heat-insulating sheet can be immersed in the liquid phase change material, therefore it does not react with the phase change material). Yoon teaches that phase change material provided in an insulation sheet absorbs heat and reduces thermal conductivity to prevent or reduce a failure event ([0006]). It would have been obvious to one of ordinary skill in the art to have included the composite salt layer taught by modified Aykol in an insulation sheet where it is supported by a substrate as taught by Yoon. One of ordinary skill in the art would have been motivated to include the composite salt layer taught by Aykol in an insulation sheet where it is supported by a substrate as taught by Yoon to provide external heat absorption and reduced thermal conductivity to an individual cell and prevent a larger failure event ([0006]). Regarding claim 13, Yoon further teaches wherein the substrate includes at least one hole ([0009]; [0053]-[0054]). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36) in further view of Yoon (US20210320345A1), as applied above, in further view of Kilhenny et al. (US20210257690A1). Regarding claim 14, modified Aykol in view of Yoon teaches the lithium battery of claim 13. Yoon teaches where heat-insulating sheets are composed of a heat resistance material such as mica or ceramic (par. [0048]; [0053]) Modified Aykol in view of Yoon does not teach wherein the substrate is made of stacking metal oxide particles or woven fiberglass. However, Kilhenny teaches a thermal management multilayer sheet disposed on the surface of an electrochemical cell (abstract) where the multilayer sheet includes a thermally insulating layer which can further include a layer comprising an encapsulated phase change material ([0073]-[0074]). Kilhenny teaches where a thermally insulating layer is made from a material such as mica or a fiberglass ([0043]) and includes a reinforcement portion composed of woven fiberglass ([0066]; [0069]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have substituted the heat-resistant material taught by modified Aykol in view of Yoon for a woven fiberglass heat resistant material as taught by Kilhenny. Both Yoon and Kilhenny teach a thermally insulating layer composed of heat resistance material and containing a phase change material. Woven fiberglass in known in the prior art as a heat-resistant material (Kilhenny [0043]; [0066]). Therefore, one of ordinary skill in the art could have substituted the heat-resistant material taught by modified Aykol in view of Yoon for a woven fiberglass heat resistant material as taught by Kilhenny with a reasonable expectation of producing a thermally insulating layer. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07). Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36), as applied above, in further view of Qiao et al. (US20180019476A1). Regarding claim 15, modified Aykol teaches the lithium battery of claim 9. Aykol further teaches wherein a phase change material can be on an internal and/or external surface of the battery-can, on at least one surface of the battery, or otherwise contacting the direct environment of the battery to be protected ([0021]; Figs. 1-4). Modified Aykol does not teach wherein when the thermal runaway suppression element is disposed outside the packaging component, the packaging component includes a plurality of through holes, wherein one end of a through hole of the plurality of through holes is connected to the thermal runaway suppression element, and another end is connected to the electrochemical reaction system. However, Qiao teaches an electrochemical reaction system disposed in a case ([0005]; [0007]) with a thermal runaway suppression element ([0147] examples 10 “Electrode Stack 1002 and Thermal Retarding and/or Flame Retarding Additive 1004”; Fig. 10A) wherein when the thermal runaway suppression element is disposed outside the packaging component, the packaging component includes a plurality of through holes, wherein one end of the through hole is connected to the thermal runaway suppression element, and the other end is connected to the electrochemical reaction system (Fig. 14A [0176]; Fig. 11A [0156] – additives are disposed outside the current collecting layer, [0160]-[0161]; Fig. 10A [0147]; [0153]-[0155]; [0007] fail features; [0124] current collector modified by precracks). Qioa teaches that the described techniques can be used independently or together with known techniques to prevent thermal runaway due to mechanical or thermal abuse and increase safety of a battery ([0103]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the battery taught by modified Aykol by locating the thermal runaway suppression element outside a packaging component where the packaging component includes a plurality of through holes, wherein one end of the through hole is connected to the thermal runaway suppression element, and the other end is connected to the electrochemical reaction system as taught by Qioa. One of ordinary skill in the art would have been motivated to modify the battery taught by modified Aykol by locating the thermal runaway suppression element outside a packaging component where the packaging component includes a plurality of through holes, wherein one end of the through hole is connected to the thermal runaway suppression element, and the other end is connected to the electrochemical reaction system as taught by Qioa to prevent thermal runaway due to mechanical or thermal abuse and increase safety of a battery ([0103]). Further, modifying the location of the thermal runaway suppression element by rearranging parts is within the ambit of one of ordinary skill in the art. In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) . Claim(s) 16-20, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36) in further view of Qiao et al. (US20180019476A1), as applied above, in further view of Yang (US20180108879A1). Regarding claim 16, modified Aykol in view of Qiao teaches the lithium battery of claim 15. Qiao further teaches wherein the packaging component comprising: a first current collecting layer; a second current collecting layer, opposed to the first current collecting layer ([0007] cathode current collector and anode current collector; [0008]). Modified Aykol in view of Qiao does not teach a glue frame, wherein one end of the glue frame is adhered to the first current collecting layer and another end of the glue frame is adhered to the second current collecting layer. However, Yang teaches a battery structure comprising a glue frame, wherein one end of the glue frame is adhered to the first current collecting layer and the other end of the glue frame is adhered to the second current collecting layer ([0024]-[0025]; Fig. 4, elements 48, 38, and 46 makeup a glue frame). Yang teaches that a glue frame with an extending portion reaching to and covering a top edge of a spacer (separator) enhances the structural strength of the edge of the top surface of the spacer layer and reduces the change of deformation or rupture thereby preventing the problem of inner shorting ([0008]). PNG media_image1.png 293 411 media_image1.png Greyscale It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the battery taught by modified Aykol in view of Qiao by using a glue frame battery structure as taught by Yang. One of ordinary skill in the art would have been motivated to modify the battery taught by modified Aykol in view of Qiao by using a glue frame battery structure as taught by Yang to enhance the structural strength of the edge of the top surface of the spacer layer and reduces the change of deformation or rupture thereby preventing the problem of inner shorting ([0008]). Regarding claim 17, modified Aykol in view of Qiao in further view of Yang teaches the lithium battery of claim 16. Aykol teaches wherein a phase change material may be placed in varying locations in and around a battery cell ([0021]; Figs. 1-4), such as between an anode and a battery housing ([0024]; Fig. 1). Qiao teaches wherein the thermal runaway suppression element is disposed on an outer surface of the first current collecting layer, and the first current collecting layer is composed of aluminum ([0105] aluminum sheet; Fig. 10A [0147]-[0150]; Fig. 11A [0156]; [0160]; Fig. 14A [0176]). Qioa teaches that the described techniques can be used independently or together with known techniques to prevent thermal runaway due to mechanical or thermal abuse and increase safety of a battery ([0103]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have further modified the battery taught by modified Aykol by locating the thermal runaway suppression element on an outer surface of the first current collecting layer, and the first current collecting layer is composed of aluminum as taught by Qiao. One of ordinary skill in the art would have been motivated to modify the battery taught by modified Aykol by locating the thermal runaway suppression element on an outer surface of the first current collecting layer, where the first current collecting layer is composed of aluminum as taught by Qiao to prevent thermal runaway due to mechanical or thermal abuse and increase safety of a battery ([0103]). Further, modifying the location of the thermal runaway suppression element by rearranging parts is within the ambit of one of ordinary skill in the art. In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Further, the selection of aluminum for a current collector material is within the ambit of one of ordinary skill in the art because it is an art recognized material for a current collector (Qiao [0106]). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07). Regarding claim 18, modified Aykol in view of Qiao in further view of Yang teaches the lithium battery of claim 16. Both Qiao and Yang further teach wherein the positive active material layer directly contacts the first current collecting layer and the negative material layer directly contacts the second current collecting layer (Qiao [abstract], [0005]; Yang [0018]). Regarding claim 19, modified Aykol in view of Qiao in further view of Yang teaches the lithium battery of claim 16. Qioa further teaches wherein the plurality of through holes are formed on the first current collecting layer or the second current collecting layer, or formed on the first current collecting layer and the second current collecting layer ([0124]-[0128] Example 4, current collector with precracks; [0129]-[0130]; [0156]-[0160] Example 11; Fig. 14A; all three examples meet the limitation of “on the first current collecting layer and/or the second current collecting layer”). Qiao teaches that with the precracks on the current collector, the peak temperature of the battery cell subjected to mechanical abuse is much reduced, compared with that of the reference cells ([0126]). It would have been obvious to one of ordinary skill in the art to further modify the battery taught by modified Aykol by using a current collector with precracks as taught by Qiao. One of ordinary skill in the art would have been motivated to modify the battery taught by modified Aykol by using a current collector with precracks as taught by Qiao to increase safety of the battery ([0126]). Regarding claim 20, Qiao further teaches wherein at least one of the plurality of through holes is covered by a removable gate layer (Fig. 11A; [0156]-[0159]; thermally trigger cell cases and cell case components release functional materials into components of the electrochemical reaction system; “locally anisotropic/heterogeneous material structures with controlled melting points or softening temperatures can be employed” meet the limitation of removable gate layer; [0180]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have used a removable gate layer to control release of a thermal suppression element ([0179]). Regarding claim 22, Qioa further teaches wherein the first current collecting layer, or the second current collecting layer includes, or the first current collecting layer and the second current collecting layer include, a plurality of recesses at its open side, and each recess corresponds to at least one through hole of the plurality of through holes ([0124]-[0128] Example 4, current collector with precracks; [0129]-[0130]; [0156]-[0160] Example 11; Fig. 14A; all three examples meet the limitation of “on the first current collecting layer and/or the second current collecting layer”) and the gate layer is disposed in a recess of the plurality of recesses (Fig. 11A; [0156]-[0159]; thermally trigger cell cases and cell case components release functional materials into components of the electrochemical reaction system; “locally anisotropic/heterogeneous material structures with controlled melting points or softening temperatures can be employed” meet the limitation of removable gate layer; [0180]). Qiao teaches that with the precracks on the current collector, the peak temperature of the battery cell subjected to mechanical abuse is much reduced, compared with that of the reference cells ([0126]). It would have been obvious to one of ordinary skill in the art to further modify the battery taught by modified Aykol by using a current collector with precracks as taught by Qiao. One of ordinary skill in the art would have been motivated to modify the battery taught by modified Aykol by using a current collector with precracks as taught by Qiao to increase safety of the battery ([0126]). Further, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have used a removable gate layer to control release of a thermal suppression element ([0179]). Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36) in further view of Qiao et al. (US20180019476A1) and Yang (US20180108879A1), as applied above, in further view of Feltham et al. (US20220416359A1) hereinafter “Feltham”. Regarding claim 21, modified Aykol in view of Qiao and Yang teaches the lithium battery of claim 20. Qiao teaches locally anisotropic/heterogeneous material structures with controlled melting points or softening temperatures can be employed to control release of a functional material ([0180]). Modified Aykol in view of Qiao and Yang does not teach wherein the gate layer is made of a silicone polymer. However, Feltham teaches a battery pack with a silicone touch cover designed to melt or loose structural integrity during a thermal event ([0046]). It would have been obvious to one of ordinary skill in the art to select a silicone material as taught by Feltham for the gate layer material in the battery taught by modified Aykol in view of Qiao and Yang. One of ordinary skill in the art could have selected a silicone material as taught by Feltham for the gate layer material in the battery taught by modified Aykol in view of Qiao and Yang based on the expected thermal event because silicone is a known material for use in a rupture apparatus. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07). Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Aykol et al. (US 20210336303 A1) in view of Sun et al. (CN 105385418 A), Monotomi et al. (US 20190367790 A1), and Robelin et al. (Thermodynamic evaluation and optimization of the (NaCl + KCl + AlCl3) system J. Chem. Thermodynamics 36), as applied above, in further view of Ihara et al. (JP2007273394A) hereinafter “Ihara”. Cited on the IDS filed 1/05/2024. Reference is made to applicant provided translation. Regarding claim 25, modified Aykol teaches the lithium battery of claim 9. Modified Aykol does not teach wherein the electrochemical reaction system includes an electrolyte salt with an O=S=O chemical bond. However, Ihara teaches a lithium-ion battery ([0003]) with a high temperature stable electrolyte ([0005]) where the electrolyte is a cyclic structure having O=S=O chemical bond ([0007]; [0011]). Ihara teaches that an electrolyte solution containing a cyclic sulfone compound having a O=S=O chemical bond improve chemical stability even in high-temperature environments ([0011]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to use an electrolyte solution containing a cyclic sulfone compound having a O=S=O as the electrolyte for the battery taught by modified Aykol. One of ordinary skill in the art would be motivated to use an electrolyte solution containing a cyclic sulfone compound having a O=S=O as the electrolyte for the battery taught by modified Aykol to improve chemical stability even in high-temperature environments ([0011]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (CN111187597A) teaches a phase change material made of a microcapsule pellet formed by encapsulating a capsule core, namely a fused salt energy storage medium in a compact modified polyethylene glycol film layer (abstract). Jiang (CN112635890A) teaches a shell structure where a sealing plate is arranged at the lower part of the shell, and when seven groups of lithium batteries are short-circuited and on fire and the outer flame temperature of open fire is too high, a plastic isolation cloth is baked and a flame-retardant sand falls down through a filter screen plate to cover the seven groups of lithium batteries (abstract). Wang et al. (WO2020227201A1) teaches a thermal management battery packaging material comprising a phase-change layer wherein the phase-change composition comprises a combination of a phase-change material and a polymer and a battery packaging layer disposed on a side of the phase-change layer ([0015]-[0016]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICITY B. ALBAN whose telephone number is (703)756-5398. The examiner can normally be reached Monday-Thursday 7:30-6:30. 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 http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /F.B.A./Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Aug 01, 2022
Application Filed
May 06, 2025
Non-Final Rejection mailed — §103, §112
Sep 03, 2025
Response Filed
Dec 15, 2025
Final Rejection mailed — §103, §112
Mar 09, 2026
Request for Continued Examination
Mar 11, 2026
Response after Non-Final Action
Aug 27, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Anode Mixture for Secondary Battery, Anode and Secondary Battery Including the Same
3y 10m to grant Granted Mar 10, 2026
Patent 12562385
POSITIVE ELECTRODE ACTIVE MATERIAL AND MAGNESIUM SECONDARY BATTERY
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Structural Battery Comprising Cooling Channels
3y 7m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
53%
Grant Probability
91%
With Interview (+37.8%)
3y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

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