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 .
Response to Amendment
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.
Claim(s) 1-2, 4-8, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henrici et al. USPG Pub. No.: US 2015/0132621 in view of Barnett US Patent No.: US 2004/0159161.
Regarding Claim 1, Henrici teaches an electrochemical cell in the form of a bag constituting an electric battery (see figures 1A and 4A as well as [0007] and [0050] which discloses a pouch cell), comprising:
a sensor fixed to the outside surface of the bag comprising a sensing element (see figure 4A, 430 and [0007], [0050] which teaches a force sensor on the outside of the pouch. [0007] clarifies that this force sensor may be a temperature, mechanical, or pressure sensor, for example), and at least one conducting element (see [0020] which discusses an electrically conductive galvanic element),
wherein
the sensing element, the conducting element are respectively obtained by separately depositing portions of material of sensing element, of conducting element on the outside surface of the bag (see [0010], which states, “measurement of mechanical tensions, pressures, or forces, the pH value, a half-cell voltage, and/or temperature influences in or on pouch cells is enabled by functionalizing already existing layers, introducing additional functionalized films, or printing the inner or outer encasing of the pouch cell”. Thus, deposited layers are created to obtain the claimed elements).
Henrici is silent in teaching a sensor (2) comprising a deformation sensing element (2.1.1) and a temperature sensing element (2.1.2) of the same material. However, Barnett teaches an analogous sensor, comprising a deformation sensing element (see Barnett [0048] and figure 6, bridge comprising SGa-SGb, which are strain gauges, i.e. deformation sensors that are a part of the larger dual Wheatstone bridge circuit) and a temperature sensing element (see Barnett [0048] and figure 6, bridge comprising TGa-TGd, which are temperature gauges that are a part of the larger dual Wheatstone bridge circuit) of the same material (see Barnett [0022], [0026], and [0051] which teaches, under the broadest reasonable interpretation of “the same material”, that the strain gauge and the temperature gauge are both, at least partially, of the same material, platinum). It would have been obvious to one of ordinary skill in the art at the time of filing to have modified the sensor of Henrici, such that it comprises both a temperature sensor and a deformation sensor, as in Barnett, because such a design advantageously “track(s) temperature changes in the strain gauge with little or no time lag” (as discussed in Barnett [0008]).
Regarding Claim 2, Henrici and Barnett teach the cell, according to Claim 1, wherein the deformation and temperature sensing element is constituted by piezoresistive and/or thermoresistive material deposited on the outside surface of the bag (see Henrici [0012], [0007], [0051], and [0052]).
Regarding Claim 4, Henrici and Barnett teach the cell, according to Claim 1, wherein the temperature sensing element is arranged in the center of the bag (see Henrici figure 4A).
Regarding Claim 5, Henrici and Barnett teach the cell, according to claim 4, wherein the temperature sensing element is square in shape (see Henrici 430 of figure 6).
Regarding Claim 6, Henrici and Barnett teach the cell, according to Claim 1, further comprising at least one resistor element, wherein the conducting element connects the sensing elements and the resistor element together, and wherein the deformation sensing element and the resistor element are connected to form a Wheatstone bridge (see Barnett figure 6, in which resistors Rcomp connect the two sensors via conductive elements to form a greater Wheatstone Bridge).
Regarding Claim 7, Henrici and Barnett teach the cell, according to Claim 1 wherein the deposition of the material of the sensing (2.1.1, 2.1.2), resistor or conducting elements is made by sputtering or printing (see Henrici [0051] which discusses the printed nature of the elements; Also, note that this is a product-by-process limitation and, although the structure implied by the process is being considered, the process itself holds no patentable weight; see MPEP 2113).
Regarding Claim 8, Henrici and Barnett teach the cell, according to Claim 1 wherein the sensing element, resistor element and/or conducting elements are arranged forming different respective layers on the outside surface of the bag (see Henrici figure 7 in which the conductors are printed on the sensor).
Regarding Claim 12, Henrici and Barnett teach a battery with detection of SOH and SOC comprising at least one cell (see Henrici [0007] and fig. 4A) according to claim 1 (refer to the rejection of Claim 1 above under 35 USC 102(a)(1)).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henrici et al. USPG Pub. No.: US 2015/0132621 in view of Barnett US Patent No.: US 2004/0159161 in view of Laletin et al. USPG Pub No.: US 2004/0128088.
Regarding Claim 9, Henrici and Barnett teach the cell, according to Claim 1 but is silent in explicitly teaching wherein the sensor comprises a passivating layer applied on the sensing element, the resistor element and the conducting element. However, Laletin teaches applying such a passivating layer to electrical components (see Laletin [0114], which teaches applying a passivating layer to avoid reactions with the circuit to improve shelf life), such as those already taught in Henrici. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the sensor circuit of Henrici such that a passivating layer is applied in order to improve component shelf life (as discussed in Laletin [0114]).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henrici et al. USPG Pub. No.: US 2015/0132621 in view of Barnett US Patent No.: US 2004/0159161 in view of Dao et al. USPG Pub. No.: 2015/0191162.
Regarding Claim 10, Henrici and Barnett teach teaches the cell, according to Claim 1 but is silent in explicitly teaching wherein it has an anode constituted by lithium metal. However, Dao teaches wherein it has an anode constituted by lithium metal (see Dao [0022]). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the cell of Henrici with the anode of Dao in order to increase battery life (as discussed in Dao [0022]).
Regarding Claim 11, Henrici and Barnett teach the cell, according to Claim 1, but is silent in explicitly teaching wherein it is selected from a lithium sulfur, lithium air, solid state lithium ion or lithium-NMC cell. However, Dao teaches wherein it is selected from a lithium sulfur, lithium air, solid state lithium ion or lithium-NMC cell (see Dao [0022]). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the teachings of Henrici with those of Dao in order to increase battery life (as discussed in Dao [0022]).
Response to Arguments
Applicant’s arguments, see Remarks p. 4, filed 06/26/2025, with respect to the rejection(s) of claim(s) 1-2, and 4-12 under 35 USC 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see Remarks p.5-8, filed 06/26/2025, with respect to the rejection(s) of claim(s) 1-2, and 4-12 under 35 USC 102(a)(1) and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Henrici et al. USPG Pub. No.: US 2015/0132621 and Barnett US Patent No.: US 2004/0159161 to meet the claims in light of the amended limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A HARRISON whose telephone number is (571)272-3573. The examiner can normally be reached Monday-Friday 9:00 AM - 5:00 PM.
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/MICHAEL A HARRISON/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
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