DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species A1, Species B1, and Species C1 in the reply filed on 26 November 2025 is acknowledged. The Species election requirement for Species A1 versus A2 is withdrawn.
Status of Claims
Claim 3 is withdrawn in light of the species election. Claims 1-2 and 4-20as filed 21 December 2022 are examined herein.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasui (US 20110005781 A1).
Regarding claim 16, Yasui teaches a thermal mitigation system for a traction battery pack (abstract: power supply … fire-extinguishing agent tank) comprising:
• a battery array (FIG. 1 and [0045]);
Regarding the limitation a passive release device mounted to the battery array, wherein the passive release device includes a polymeric encapsulating material and a nitrogen releasing material encapsulated within the polymeric encapsulating material. (Examiner notes that the broadest reasonable interpretation of encapsulating is determined to include fully surrounded by.) Yasui at FIG. 1 shows the fire extinguishing agent tank inside the battery housing. Yasui further discloses at [0046] the fire extinguishing agent tank is made out of polypropylene which is softened and then melted by … temperature rise.
Regarding the limitation wherein the nitrogen releasing material is configured to release a nitrogen gas when a temperature within the traction battery pack exceeds a predefined temperature threshold. Yasui discloses at [0049] the bottom of the tank is formed of polypropylene that will be melted by heat at about 180 ˚C.
Regarding claim 19, Yasui teaches all of the limitations as set forth above. Regarding the limitation wherein the polymeric encapsulating material is configured to break open to release the nitrogen gas when a pressure inside the polymeric encapsulating structure exceeds a predefined pressure threshold, Yasui at [0062-0063] and FIG. 3 discloses a rubber fire extinguishing agent tank 5 with a pressurized air layer and a needle 10. As the pressure increases, the tank is eventually ruptured by needle 10. Therefore, a predefined pressure threshold is present.
Regarding claim 20, Yasui teaches all of the limitations as set forth above, and further teaches wherein the passive release device is mounted to a battery cell or an array support structure of the battery array. (As shown FIG. 1, the passive release device is inside the battery pack housing.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
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) 1-2 and 4, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1).
Regarding claim 1, Galbraith teaches a thermal mitigation system (abstract: apparatus for suppressing a fire) comprising: a cartridge (FIG. 4 gas generator 12) containing a nitrogen releasing material (col. 4 lines 60-67 guanidine nitrate); a heating element housed within the cartridge (col. 3 line 65 -col 4 line 10 “electric squib”); and a controller (col. 3 lines 55-65 triggering mechanism 32). Regarding the limitation configured to control the heating element for causing the nitrogen releasing material to release a nitrogen gas when a temperature within the traction battery pack exceeds a predefined temperature threshold, Galbraith at col. 3 lines 55-65 teaches “A sensor 30 detects the presence of a fire. Typically, the sensor 30 detects a rise in temperature or a change in the ionization potential of air due to the presence of smoke. On detecting a fire, the sensor 30 transmits an activating signal to a triggering mechanism 32.” Examiner notes that a sensor detecting a rise in temperature includes a temperature threshold.
Galbraith discloses the use of the system in a vehicle but does not explicitly teach the use of the system in a traction battery pack. (Examiner notes that a vehicle battery is a common type of traction battery.)
Lian discloses (abstract) an apparatus for automatically generating a firefighting foam, which can be active (FIG. 1) or passive (abstract: “temperature dependent breakdown material”). At FIG. 2, the explosive foam applicator 130 is shown inside a housing with battery 160B. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use the vehicle fire suppression apparatus for the purpose of traction battery fire suppression, based on Lian’s disclosure of the suitability of a similar system for battery fire suppression.
Regarding claim 2, Galbraith in view of Lian teaches all of the limitations as set forth above, and Galbraith further teaches a thermal mitigation system as recited in claim 1, wherein the nitrogen releasing material includes guanidine nitrate. (col. 4 lines 60-67 guanidine nitrate);
Regarding claim 4, Galbraith in view of Lian teaches all of the limitations as set forth above, and Galbraith further teaches wherein the cartridge includes a vent patch that is configured to open to release the nitrogen gas when a pressure inside the cartridge exceeds a predefined pressure threshold. (col. 6 lines 57-67 rupture diaphragm)
Regarding claim 10, Galbraith in view of Lian teaches all of the limitations as set forth above, and Galbraith further teaches wherein the nitrogen releasing material is configured to decompose to release the nitrogen gas. (col. 4 lies 10-15 nitrogen, col. 4 lines 65-67 guanidine nitrate)
Regarding claim 11, Galbraith in view of Lian teaches all of the limitations as set forth above. Regarding the limitation a thermal sensing device mounted to a battery array of the traction battery pack and configured to detect the temperature within the battery array, Galbraith discloses (col. 3 lines 55-65 the use of sensor 30 to detect temperature and activate a signal). The use of Galbraith’s fire suppression apparatus for a battery has been rendered obvious, above. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to mount the thermal sensor of modified Galbraith onto the battery pack, with a reasonable expectation of having faster detection of battery thermal runaway.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1), as set forth in claim 1, above, and in further view of Puhlick (US 20050208369 A1).
Regarding claim 5, Galbraith in view of Lian teaches all of the limitations as set forth above. Galbraith is silent on the type of vent patch material and therefore does not explicitly teach wherein the vent patch is comprised of a different material than the cartridge.
Puhlick, in the field of pressure relief valves for battery cells, discloses (abstract, [0006] and FIG. 2) the use of expanded PTFE as a gas permeable, liquid repellant membrane. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select a PTFE membrane for use as the vent patch of modified Galbraith, with a reasonable expectation of preventing liquids from entering prior to activation and of successfully allowing release of nitrogen gas.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1), as set forth in claim 1, above, and in further view of Puhlick (US 20050208369 A1), as set forth in claim 5, above, with and in further view of Monden (US 20180291145 A1).
Regarding claims 6 and 9, Galbraith in view of Lian and Puhlick teaches all of the limitations as set forth above. Galbraith is silent of the material of the vent patch and cartridge, and therefore does not teach wherein the vent patch includes polytetrafluoroethylene (PTFE), and the cartridge includes a polycarbonate. The use of a PTFE vent patch has been rendered obvious with respect to claim 5, above.
Galbraith is silent on the material of the thermal mitigation system housing.
Lian discloses a (abstract) battery firefighting apparatus. As shown FIG. 1b and [0047], the interior includes a two-component foam cartridge 140 with cells 142 and 144, which sits above the propelling charge 136. (nitrogen releasing material) The cartridge 140 is made from material that is substantially impermeable to water (e.g., polyethylene, polypropylene, and various other polymers)
and constructed such that aqueous cells 142 and foaming agent cells 144 will rupture … in response to detonation of propelling charge 136. At [0048], fire-fighting foam is produced.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use the two-component foam cartridge 140 of Lian inside the cartridge containing nitrogen-releasing material of Galbraith, with a reasonable expectation of achieving improved firefighting ability through the use of firefighting foam. (Examiner notes that the foam does contain the nitrogen gas.)
Lian does not explicitly teach a material for chamber 132 (equivalent to the cartridge of instant claim 1), which holds propelling charge 136. Referring to FIG. 1, a person of ordinary skill would understand the need to select a material for chamber 132 which will not fail during the detonation, to direct the gasses in the desired direction and force the detonation to break cartridge 140. At [0054] Lian notes the need to consider the weight of the apparatus. Examiner notes that polycarbonate is widely known to have good impact resistance and strength, as is disclosed by Monden (abstract).
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select the polycarbonate of Monden for the nitrogen-releasing material cartridge of modified Galbraith, with a reasonable expectation of successfully directing the released gasses in the desired direction, to produce fire-fighting foam.
This also renders obvious the limitation of claim 9, wherein the cartridge is comprised of a polycarbonate.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1), as set forth in claim 1, above, and in further view of Specht (US 20150017491 A1).
Regarding claim 7, Galbraith in view of Lian teaches all of the limitations as set forth above. However, Galbraith does not explicitly teach a desiccant housed within the cartridge.
Specht, in the field of (abstract) fire prevention for batteries, discloses [0014] the use of an expandable composition that may include a dry propellant, … suitable propellants include guanidine nitrate. While Specht does not explicitly teach a desiccant housed within the cartridge, a person of ordinary skill would understand the need to protect the propellant from water contamination and would therefore be motivated to use a desiccant inside the cartridge, for the purpose of protecting the propellant material.
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1) as set forth in clams 1 and 11, above, and in further view of Ek (US 3431498 A).
Regarding claim 8, Galbraith in view of Lian teaches all of the limitations as set forth above. Galbraith discloses at col. 3 lines 55-65 “the sensor 30 transmits an activating signal to a triggering mechanism 32.” (a triggering mechanism is a type of controller). However, does not disclose the use of a a 12V controller circuit that is independent or part of a battery management system of the traction battery pack. Ek, in the field of vehicle electrical systems, discloses (FIG. 2) the use of a 12 V battery in a vehicle. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select a 12V controller circuit for the controller of modified Galbraith, based on Ek’s disclosure that 12V batteries are used in vehicles, with a reasonable expectation of success.
Regarding claim 12, Galbraith in view of Lian teaches all of the limitations as set forth above. Regarding the limitation wherein the thermal sensing device is a thermistor or a thermocouple, Galbraith discloses (col. 3 lines 55-65 the use of sensor 30 to detect temperature and activate a signal). However, Galbraith does not explicitly disclose that the sensor is a thermistor or a thermocouple. Ek, in the field of vehicle electrical systems, discloses (FIG.2) the use of a 12 V battery in a vehicle. At col. 2 lines 17-57, Ek discloses the use of a thermistor to measure temperature in a vehicle. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select a thermistor for use as the thermal sensing device of modified Galbraith, based on Ek’s disclosure that thermistors are suitable for use in vehicles, with a reasonable expectation of successfully measuring temperature.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 5423384) in view of Lian (US 20190168038 A1) as set forth in claim 1, above, and in further view of Yasui (US 20110005781 A1).
Regarding claims 13 -15, Galbraith in view of Lian teaches all of the limitations as set forth above. Galbraith does not explicitly teach a passive release device mounted to a battery array of the traction battery pack. Yasui, in the field of (abstract) fire extinguishing for power supply elements, discloses (abstract) a fire extinguishing agent tank which is mounted above a battery or capacitor ([0045]). At [0046] the fire extinguishing agent tank is made out of polypropylene which is softened and then melted by … temperature rise. At [0049] the bottom of the tank is formed of polypropylene that will be melted by heat at about 180 ˚C. At [0049] the tank opening part may be formed of [0049] metal/PET laminate.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select the meltable tank of Yasui to hold the nitrogen releasing material of modified Galbraith, in order to have a fire extinguishing system that can function in the event of vehicle power failure, with a reasonable expectation of success.
This also renders obvious the limitation of claim 14, wherein the passive release device includes a polymeric encapsulating material and a nitrogen releasing material encapsulated within the polymeric encapsulating material. (Examiner notes that the broadest reasonable interpretation of encapsulating is determined to include fully surrounded by. ) This further renders obvious the limitation of claim 15, wherein the nitrogen releasing material is configured to release a nitrogen gas when the temperature within the traction battery pack exceeds the predefined temperature threshold.
Claim(s) 17 -18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasui (US 20110005781 A1) as set forth in claim 16, above, and in further view of Lian (US 20190168038 A1).
Regarding claim 17, Yasui teaches all of the limitations as set forth above. However, Yasui is silent on the fire extinguishing agent used and therefore does not disclose wherein the nitrogen releasing material includes guanidine nitrate. Lian, in the field of (abstract) an apparatus for automatically generating firefighting foam, discloses at [0045] the use of nitroguanidine as a chemical propellant. A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select the nitroguanidine of Lian for the thermal mitigation system of Yasui, based on Lian’s teaching that nitroguanidine is a candidate material, with a reasonable expectation of success.
Regarding claim 18, Yasui teaches all of the limitations as set forth above. Yasui teaches at [0049] the tank opening part (FIG.1 part 3a) “may be formed of synthetic resin on the entire surface of the bottom surface of fire-extinguishing agent tank 3 or in at least the vicinity which connecting line 4 is brought into contact with or closer to.” Yasui further discloses that opening part 3a may be formed from metal/PET laminate. However, Yasui does not explicitly teach wherein the polymeric encapsulating material is configured as a polyethylene laminated pouch.
Lian discloses a (abstract) battery firefighting apparatus. As shown FIG. 1b and [0047], the interior includes a two-component foam cartridge 140, made from material that is substantially impermeable to water (e.g., polyethylene, polypropylene, and various other polymers).
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select Yasui’s polyethylene/metal laminate for tank 5 of Yasui based on Lian’s suggestion that polyethylene is one of several polymers substantially impermeable to water, with a reasonable expectation of achieving a successful fire-extinguishing agent tank.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE A RUTISER whose telephone number is (571)272-1969. The examiner can normally be reached 9:00 AM to 5:00 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 1/5/2026