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 .
Status of the Claims
This is a final office action in response to the applicant’s arguments and remarks filed on 10/21/2025. Claims 1-3, 6-16, and 18-20 are pending in the current office action. Claims 1, 8, 11-12, and 14 have been amended by the applicant.
Status of the Rejection
The claim objections have been overcome by the applicant's amendments.
All 35 U.S.C. § 112(b) rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 112(a) – new matter – are necessitated by the amendments.
All 35 U.S.C. § 102 and 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-3 and 15-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claims 1 and 14 have both been amended to recite “wherein the temperature sensors each include a temperature sensing component connected in series with the conducting strip, and wherein the temperature sensing component includes at least one of a thermistor and a diode”. Claims 1 and 14 are drawn to the species shown in Fig. 4B and described in Para. 0058 wherein the temperature sensing component 412 is a thermistor or a diode. Figure 4A shows a different embodiment described in Paras. 0054-0057 where the temperature sensor includes a plurality of low melting point ally (LMPA) strips 404 connected in parallel with each other. Para. 0045 suggests that the sensing traces include LMPAs or diodes or thermistors. The scope of claims 2-3 and 15-16 include wherein the temperature sensing component includes both a thermistor or diode (claims 1/14) AND include a plurality of LMPA traces connected in parallel with each other (claims 2/15). There does not appear to be support in the originally filed disclosure for both of the embodiments 4A/4B where both a thermistor/diode and LMPA strips are included together.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 6-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US 20120106593 A1) in view of Banerjee et al. (US 20130004811 A1).
Regarding claim 1, Zhou discloses a battery system ([title, abstract]), comprising:
a battery cel (battery cells 210/212/214/330/332/334/336 [Para. 0021-0024; Figs. 2A-3B]); and
a temperature sensing array disposed on a surface of the battery cell (battery fault sensing members 202/204/206/302/304/338 on the surface of the battery cells 210/212/214/330/332/334/336 [Paras. 0021-0024; Figs. 2A-3B]), the temperature sensing array comprising:
a conducting strip (conductive wires 202/204/206/226/228/230/306/308/338 [Paras. 0021-0024; Figs. 2A-3B]); and
a plurality of temperature sensors connected in series with the conducting strip such that current flowing through the conducting strip flows through each of the temperature sensors (each of the twists, bends, or contact points in the traces shown in Figs. 2A-2B represent a plurality of temperature sensors connected in series with the conductive wire such that current that flows through the wire flows through each sensor [Para. 0021-0024; Figs. 2A-3B]),
wherein each of the plurality of temperature sensors has at least one characteristic that varies in accordance with temperature (the resistance of the wire changes when there is an electrical short due to the temperature increase and melting of the polymer tube; alternatively the fault can be detected by measuring changes to the voltage or current caused by a fault due to temperature [Paras. 0024-0025; Figs. 3A-3B]),
wherein the plurality of temperature sensors is distributed in different locations across the surface of the battery cell (see Figs. 2A-2B and 3B), and
wherein an output current of the temperature sensing array varies in accordance with a change in temperature in any of the different locations (the control unit receives a return current and measures the resistance to determine the faults [Para. 0024-0025]),
Zhou fails to teach wherein the temperature sensors each include a temperature sensing “component” connected in series with the conducting strip and wherein the temperature sensing component includes “at least one of a thermistor and a diode”.
Banerjee discloses a battery temperature sensor system [title; abstract] where in the battery cell comprises a temperature measuring array that includes a plurality of thermistors connected in series. Banerjee teaches that a plurality of thermistors in a series array can be used to identify a specific location within the battery experiencing a temperature change when a general temperature change is detected and that multiple series connected thermistors can provide a greater temperature resolution to a specific location within the battery [Paras. 0044, 0046; Fig. 10].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive wires of Zhou to instead include a plurality of thermistors connected in series along the conductive wire because Banerjee teaches that a plurality of thermistors connected in series provide for a greater temperature resolution and identification of a specific location of a temperature change within a battery [Paras. 0044,0046]. Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (MPEP 2143(A)).
Regarding claim 6, Zhou further discloses wherein the conducting strip follows a serpentine path across the surface of the battery cell ([Figs. 2A and 3B]).
Regarding claim 7, Zhou further discloses a plurality of the temperature sensing arrays (Fig. 4 shows a battery fault locating network comprising plural temperature sensing arrays).
Regarding claim 8, Zhou further discloses a temperature monitoring system configured to supply one of a voltage and a current to the temperature sensing array, receive the output current of the temperature sensing array, and determine a temperature of the battery cell based on the output current (control unit 340 is configured to send out a substantially constant current, the material of the polymer is selected at a predetermined temperature (i.e., 155°F) so that heat generated by a fault can melt the polymer and thereby cause a short within the conductive wire that is measured as a return current and subsequently determined by measuring the changes in the electrical resistance. Zhou therefore meets the limitations of the claim as the predetermined temperature is measured from the return current; alternatively, Zhou further teaches wherein the conductive wires can be formed as a PTC or NTC and thus the measured resistance value would be representative of the specific temperature of the wire [Para. 0024]).
Regarding claim 9, Zhou further discloses wherein the system comprise a plurality of battery cells ([Figs. 2A-4]).
Regarding claim 10, Zhou further discloses wherein the battery cells are one of pouch cells, prismatic cells, and cylindrical cells (the cells are cylindrical cells as shown in Figs 1-4).
Regarding claim 11, Zhou further discloses wherein the temperature monitoring system is configured to disconnect a selected one or more of the battery cells from the battery system in response to a determination that the temperature of the pouch cell exceeds a predetermined temperature (predetermined temperature has been reached and the fault is detected, the faulty battery is disconnected from the system [Para. 0029, Claims 6-7]).
Regarding claim 13, Zhou further discloses a vehicle comprising the system of claim 12 ([Para. 0020; Fig. 1; claim 7]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou and Banerjee, as applied to claim 1 above, and further in view of Yuji et al. (JP 2020042968 A, machine translation).
Regarding claim 2, Zhou discloses the limitations of claim 1 as outlined previously. Zhou further discloses where the temperature sensors each include a plurality of traces connected in parallel with each other and in series with the conducting strip (plural traces 202/204/206 are connected in parallel with each other and in series with the conducting strip of the detecting circuit 208 [Para. 0021; Fig. 2A]).
Zhou further teaches wherein the system works by setting a predetermined temperature of a polymer coating such that the coating melts at a specific temperature and therefore causes a fault that can be detected by the control system [Para. 0024].
Zhou is silent, however, on the use of low melting point alloy traces.
Yuji teaches a power storage device module capable of detecting a thermal runaway even int a power storage device [abstract]. Yuji further teaches wherein the system comprises a conductor 41a where current is flowed through the conductor and measured by a connected ammeter wherein upon determination that the conductor is not conductive, it transmits a signal to the control device to indicate a thermal runaway event [Para. 0029]. Yuji further teaches that the material of the conductor may be a low melting point alloy such as, for example, tin [Para. 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Zhou to further include a low melting point alloy conductor because Yuji teaches that a low melting point alloy, such as tin, allows for the detection of a thermal runaway event because the heat generated from the thermal runaway melts the conductor and is measured by the system to indicate the thermal event [Paras. 0029, 0052]. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one conductor material for another conductor material suitable for the intended use. The simple substitution of one known element (i.e., a conductor wire in a thermal runaway detection system) for another is likely to be obvious when predictable results are achieved (i.e., detection of a thermal runaway event) [MPEP § 2143(B)].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou, Banerjee, and Yuji, as applied to claim 2 above, and further in view of Li et al. (CN 105428722 A, Machine Translation).
Regarding claim 3, modified Zhou disclose the limitations of claim 2 as outlined previously. Although Zhou teaches the use of conductors with predetermined melting temperatures [Para. 0024] and Yuji teaches the use of low melting point alloys (see the rejection of claim 2 above), Zhou in view of Yuji does not specifically teach the use of LMPA traces having different melting points, as required by instant claim 3.
Li discloses a high safety performance battery system that comprises a plurality of disconnect circuits that can be used to disconnect the battery system in a thermal runaway event [abstract]. Li further discloses wherein the conductor wire is made of a low melting point alloy composed of two or more low melting point metals so that the melting point of the conductor can be set to a specific value between 47-200°C so that when the battery temperature rises to the melting point of the specific preset temperature the conductor will melt quickly [Para. 0025].
It would have been obvious to one having ordinary skill in the art in light of the teachings of Zhou, Li, and Yuji to have modified the plural traces taught by Zhou to include low melting point alloys where the various LMPA traces have different preset melting points because Li teaches that the use of two or more low melting point alloys allows for the selection of predetermined melting temperatures such that when the battery temperature rises to the predetermined level the conductor melts quickly to indicate the predetermined temperature has been reached [Para. 0025]. It follows that the selection of a plurality of low melting point alloys with a plurality of different predetermined melting point temperatures would allow for the detection of the corresponding plurality of battery temperatures during a thermal event. Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (MPEP 2143(A)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou and Banerjee, as applied to claim 10 above, and further in view of Zhao et al. (US 20130288530 A1).
Regarding claims 12, modified Zhou discloses the limitations of claim 10 as outlined previously. Zhou further discloses that a skilled person would appreciate that the battery fault detection system is able to be used by any battery type including Li-ion batteries [Para. 0020].
Zhou does not specifically state the types of cells used in battery system and appears to show cylindrical cells in the figures. Zhou therefore fails to disclose that the battery cells are lithium-ion “pouch” cells, as required by instant claim 12.
Zhao discloses a battery system for an electric vehicle [Para. 0003] wherein the battery system employs pouch cells or other types of battery cells wherein the temperature of the battery module is monitored with a battery temperature monitoring system [Para. 0047-0048].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery system of Zhou to utilize pouch cells rather than cylindrical cells because Zhao teaches that pouch cells can be used in electric vehicles and it is also important to monitor the temperature of the battery pouch cells [Paras. 0047-0048]. Furthermore, the simple substitution of one known element for another (i.e., a cylindrical cell for a pouch cell) is likely to be obvious when predictable results are achieved (i.e., temperature monitoring in an electric vehicle battery system) [MPEP § 2143(B)].
Claims 14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US 20120106593 A1) in view of Banerjee et al. (US 20130004811 A1), and further in view of Zhao et al. (US 20130288530 A1).
Regarding claim 14, Zhou discloses a system for a vehicle ([title, abstract]), the system comprising:
a battery system, the battery system comprising a plurality of
a plurality of temperature sensing arrays disposed on respective surfaces of each of the
a conducting strip(conductive wires 202/204/206/226/228/230/306/308/338/400s [Paras. 0021-0024; Figs. 2A-4]); and
a plurality of temperature sensors connected in series with the conducting strip such that current flowing through the conducting strip flows through each of the temperature sensors (each of the twists, bends, or contact points in the traces shown in Figs. 2A-4 represent a plurality of temperature sensors connected in series with the conductive wire such that current that flows through the wire flows through each sensor [Para. 0021-0024; Figs. 2A-4]),
wherein each of the plurality of temperature sensors has at least one characteristic that varies in accordance with a temperature of the
wherein the plurality of temperature sensors is distributed in different locations across the respective surface of the
wherein an output current of the temperature sensing array varies in accordance with a change in temperature in any of the different locations (the control unit receives a return current and measures the resistance to determine the faults [Para. 0024-0025]); and
a temperature monitoring system configured to receive the output currents of each of the temperature sensing arrays and determine the temperatures of the predetermined temperature is measured from the return current; alternatively, Zhou further teaches wherein the conductive wires can be formed as a PTC or NTC and thus the measured resistance value would be representative of the specific temperature of the wire [Para. 0024]).
Zhou does not specifically state the types of cells used in battery system and appears to show cylindrical cells in the figures. Zhou therefore fails to disclose the use of a plurality of “pouch” cells.
Zhao discloses a battery system for an electric vehicle [Para. 0003] wherein the battery system employs pouch cells or other types of battery cells wherein the temperature of the battery module is monitored with a battery temperature monitoring system [Para. 0047-0048].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery system of Zhou to utilize pouch cells rather than cylindrical cells because Zhao teaches that pouch cells can be used in electric vehicles and it is also important to monitor the temperature of the battery pouch cells [Paras. 0047-0048]. Furthermore, the simple substitution of one known element for another (i.e., a cylindrical cell for a pouch cell) is likely to be obvious when predictable results are achieved (i.e., temperature monitoring in an electric vehicle battery system) [MPEP § 2143(B)].
Zhou also fails to teach wherein the temperature sensors each include a temperature sensing “component” connected in series with the conducting strip and wherein the temperature sensing component includes “at least one of a thermistor and a diode”.
Banerjee discloses a battery temperature sensor system [title; abstract] where in the battery cell comprises a temperature measuring array that includes a plurality of thermistors connected in series. Banerjee teaches that a plurality of thermistors in a series array can be used to identify a specific location within the battery experiencing a temperature change when a general temperature change is detected and that multiple series connected thermistors can provide a greater temperature resolution to a specific location within the battery [Paras. 0044, 0046; Fig. 10].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive wires of Zhou to instead include a plurality of thermistors connected in series along the conductive wire because Banerjee teaches that a plurality of thermistors connected in series provide for a greater temperature resolution and identification of a specific location of a temperature change within a battery [Paras. 0044,0046]. Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (MPEP 2143(A)).
Regarding claim 18, modified Zhou further discloses wherein the conducting strip follows a serpentine path including multiple changes in direction across the surface of the battery cell ([Zhou Figs. 2A, 3B, 4]).
Regarding claim 19, modified Zhou further discloses wherein the plurality of temperature sensors are connected in parallel across a full width of the pouch cells (Zhou teaches wherein plural traces 202/204/206 are connected in parallel with each other and the traces extend along the full width of each cell. Zhou as modified by Zhao above would necessarily follow a similar arrangement whereby each pouch cell is covered by the traces across the full width of the pouch cell [Para. 0021; Fig. 2A; Fig. 3B shows an arrangement where each cell is surrounded along the entire width]).
Regarding claim 20, Zhou further discloses wherein the temperature monitoring system is configured to disconnect a selected one or more of the pouch cells from the battery system in response to a determination that the temperature of the pouch cell exceeds a predetermined temperature (predetermined temperature has been reached and the fault is detected, the faulty battery is disconnected from the system [Para. 0029, Claims 6-7]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou, Banerjee, and Zhao, as applied to claim 14 above, and further in view of Yuji et al. (JP 2020042968 A, machine translation).
Regarding claim 15, Zhou discloses the limitations of claim 14 as outlined previously. Zhou further discloses where the temperature sensors each include a plurality of traces connected in parallel with each other and in series with the conducting strip (plural traces 202/204/206 are connected in parallel with each other and in series with the conducting strip of the detecting circuit 208 [Para. 0021; Fig. 2A]).
Zhou further teaches wherein the system works by setting a predetermined temperature of a polymer coating such that the coating melts at a specific temperature and therefore causes a fault that can be detected by the control system [Para. 0024].
Zhou is silent, however, on the use of low melting point alloy traces.
Yuji teaches a power storage device module capable of detecting a thermal runaway even int a power storage device [abstract]. Yuji further teaches wherein the system comprises a conductor 41a where current is flowed through the conductor and measured by a connected ammeter wherein upon determination that the conductor is not conductive, it transmits a signal to the control device to indicate a thermal runaway event [Para. 0029]. Yuji further teaches that the material of the conductor may be a low melting point alloy such as, for example, tin [Para. 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Zhou to further include a low melting point alloy conductor because Yuji teaches that a low melting point alloy, such as tin, allows for the detection of a thermal runaway event because the heat generated from the thermal runaway melts the conductor and is measured by the system to indicate the thermal event [Paras. 0029, 0052]. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one conductor material for another conductor material suitable for the intended use. The simple substitution of one known element (i.e., a conductor wire in a thermal runaway detection system) for another is likely to be obvious when predictable results are achieved (i.e., detection of a thermal runaway event) [MPEP § 2143(B)].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou, Banerjee, Zhao, and Yuji, as applied to claim 15 above, and further in view of Li et al. (CN 105428722 A, Machine Translation).
Regarding claim 16, modified Zhou disclose the limitations of claim 15 as outlined previously. Although Zhou teaches the use of conductors with predetermined melting temperatures [Para. 0024] and Yuji teaches the use of low melting point alloys (see the rejection of claim 15 above), Zhou in view of Yuji does not specifically teach the use of LMPA traces having different melting points, as required by instant claim 16.
Li discloses a high safety performance battery system that comprises a plurality of disconnect circuits that can be used to disconnect the battery system in a thermal runaway event [abstract]. Li further discloses wherein the conductor wire is made of a low melting point alloy composed of two or more low melting point metals so that the melting point of the conductor can be set to a specific value between 47-200°C so that when the battery temperature rises to the melting point of the specific preset temperature the conductor will melt quickly [Para. 0025].
It would have been obvious to one having ordinary skill in the art in light of the teachings of Zhou, Li, and Yuji to have modified the plural traces taught by Zhou to include low melting point alloys where the various LMPA traces have different preset melting points because Li teaches that the use of two or more low melting point alloys allows for the selection of predetermined melting temperatures such that when the battery temperature rises to the predetermined level the conductor melts quickly to indicate the predetermined temperature has been reached [Para. 0025]. It follows that the selection of a plurality of low melting point alloys with a plurality of different predetermined melting point temperatures would allow for the detection of the corresponding plurality of battery temperatures during a thermal event. Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (MPEP 2143(A)).
Response to Arguments
Applicant’s arguments, see Remarks Pgs. 8-10, filed 10/21/2025, with respect to the 35 U.S.C. § 102 rejection have been fully considered and are not persuasive.
Applicant’s Argument #1
Applicant argues that Zhou teaches the sensing member 202 wrapping around the battery cells in complete circles and thus does not teach that the plurality of temperature sensors are distributed in different locations across the surface of the battery cell.
Examiner’s Response #1
Examiner respectfully disagrees. Wrapping around the battery would meet the limitation of being “distributed in different locations across the surface of the battery cell” as each location along the circle would be considered a different location. However, the Zhou also shows a coil shape in Fig. 2B that would also meet the limitations of the claim. Furthermore, Banerjee, as applied in the updated rejection above, also teaches the motivation to distribute the thermistors connected in series along different locations of the surface of the battery to monitor the temperature of the battery at specific locations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA ALLEN whose telephone number is (571)270-3176. The examiner can normally be reached 7:30am-4:30pm ET Mon-Thurs, 7:30am-11:30pm Fri.
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, Alexa Neckel can be reached at 571-272-2450. 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.
/JOSHUA L ALLEN/Supervisory Patent Examiner, Art Unit 1713
Prosecution Insights