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 Arguments
Applicant's arguments filed on 12/11/2025 have been fully considered but they are not persuasive. Applicant argues that Tanis fails to disclose a temperature sensor “in contact with” the first layer, second layer, and/or the battery cell is not persuasive. The claim language recites “in contact with the first layer, second layer, and/or the battery cell” a disjunctive limitation requiring contact with at least one of those three elements.
Tanis discloses that the thermostat 12 may be placed “in proximity to the battery top to sense the temperature there” (see col. 3, lines 57 – 58). More importantly, Tanis also discloses that the heating jacket 8 surrounds the battery 6 (see col. 3, lines 50 – 55), and thermostat is connected via cable 14 with the module and with the heating element of the heating jacket 8 (see col. 3, lines 57 – 60). The thermostat is therefore structurally integrated with the heating jacket assembly which corresponds to the claimed layered structure placing in it in contact with at least that structure within the meaning of the claim.
The claim does not require direct physical contact with the battery cell itself. Contact with “the first layer,” the dielectric/heating jacket layer is independently sufficient under the “and/or” language of Claim 1. Because Tanis’s thermostat is operably connected to and physically associated with the heating jacket (first and second dielectric layer), the limitation is met. Applicant’s argument improperly reads the claim narrowly to require contact exclusively with the battery cell, which is not what the claim recites.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 – 11 and 13, 15 – 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tanis (US 4,926,106).
As per claim 1, Tanis teaches the following:
A system for testing thermal runaway in a battery cell, comprising:
a first layer of first dielectric material wrapped, at least in part, around the battery cell (see col. 5, lines 30 - 60);
a wire comprising one or more metals wrapped, at least in part, around the first layer of first dielectric material (see col. 5, lines 50 - 60);
a second layer of second dielectric material at least in part wrapped around the wire (see col 5., lines 40 - 50);
a power source configured to supply power to the wire (see col. 4, lines 25 - 45), and a temperature sensor in contact with the first layer, the second layer, and/or the battery cell (see col. 3, lines 55 - 60).
As per claim 3, Tanis teaches the system of claim 1, further comprising: a controller configured to receive a temperature reading from the temperature sensor, and control a power supplied by the power source to the wire, based at least in part on the temperature reading. The reference teaches that the thermostat controls the flow of electricity from the power source to the heater jacket based on the temperature it senses, thereby operating as a controller. (see col. 6, lines 1-30)
As per claim 4, Tanis teaches the system of claim 3, wherein the controller is configured to control the power supplied by the power source to the wire, wherein the power supplied to the wire generates heat and wherein the controller controls the power supply such that the temperature reading from the temperature sensor maintains a substantially constant rate of change. Tanis teaches that the thermostat regulates the power supplied to the heater such that charging continues until the battery reaches a constant voltage condition, maintaining a substantially steady rate of temperature change. (see col. 7, lines 10 - 25)
As per claim 5, Tanis teaches the system of claim 3, wherein the controller is configured to cause the power source to cease supplying power or reduce the amount of power supplied to the wire, in response to the thermal runaway being triggered in the battery cell. Tanis teaches that a second thermostat can interrupt power to both the charger and heater when the battery temperature exceeds a predetermined threshold, thereby ceasing or reducing power in response to over-temperature. (see col. 7, lines 25 - 30)
As per claim 6, Tanis teaches the system of claim 1, wherein the power source is configured to supply the power to the wire, to heat the wire and cause a thermal runaway in the battery cell. Tanis teaches that the heater element is powered to provide heat to the battery surface, which can drive the battery toward a thermal runaway condition. (see col. 6, lines 40 - 50)
As per claim 7, Tanis teaches the system of claim 1, wherein the wire comprises: a first extension section that extends from near an anode of the battery cell to near a cathode of the battery cell; a second extension section that extends from near the cathode of the battery cell to near the anode of the battery cell; and a loop back section that couples the first extension section and the second extension section. Tanis teaches that the nichrome wire is laid out in multiple sections across a layer and embedded in a composite, thereby forming extension sections and loop back portions around the battery cell. (col. 5, lines 50 - 60)
As per claim 8, Tanis teaches the system of claim 1, wherein the wire has a first end section and a second end section that are nearer to the anode of the battery cell and further from the cathode of the battery cell. Tanis teaches that the wire has defined end sections, where a jacket power lead exits from the composite structure and connects through a plug, demonstrating distinct first and second wire ends. (see col. 5, lines 60 - 70)
As per claim 9, Tanis teaches the system of claim 1, wherein: the wire is arranged in a vertical spiral manner around the battery cell; the vertical spiral has a first end near the anode of the battery cell, and a second end near the cathode of the battery cell; a first end section of the wire couples the first end of the vertical spiral to the power source, such that the first end section of the wire is nearer to the anode than the cathode; a second end section of the wire couples the second end of the vertical spiral to the power source; and the second end section of the wire is arranged at least in part above the vertical spiral and is separated from the vertical spiral by a third layer of dielectric material. Tanis teaches that the wire is arranged to wrap circumferentially around the battery in a spiral manner, providing a vertical spiral configuration. (see col 5, lines 30 – 50)
As per claim 10, Tanis teaches the system of claim 1, wherein the wire is a nichrome wire comprising nickel and chromium. Tanis teaches that the heating wire comprises nichrome, which is an alloy of nickel and chromium. (col. 5 line 39; nichrome wire 46)
As per claim 11, Tanis teaches the system of claim 1, wherein the second layer of second dielectric material has a lower thermal conductivity than the first layer of first dielectric material. Tanis teaches that the second dielectric layer surrounding the nichrome wire is made of thermal insulation such as silicone rubber impregnated fabric, which has lower thermal conductivity than the inner dielectric layer. (col. 5, lines 30 - 45)
As per claim 13, Tanis teaches the following:
A method of forming and operating a thermal runaway trigger cell for a battery cell, the method comprising:
wrapping a first layer of first dielectric material at least in part around a surface of the battery cell, the surface extending from a cathode to an anode of the battery cell (see col. 5, lines 30 - 60);
wrapping a wire at least in part around the first layer of first dielectric material (see col. 5, lines 50 - 60);
wrapping a second layer of second dielectric material at least in part around the wire (see col 5., lines 40 - 50);
coupling the wire to a power source (see col. 4, lines 25 - 45)
and arranging a temperature sensor in contact with at least one of the first layer, the second layer, and the battery cell (see col. 3, lines 55 -60, Fig. 1, thermostat 12).
As per claim 15, Tanis teaches the method of claim 13, further comprising: supplying power from the power source to the wire, to heat the wire and cause a thermal runaway in the battery cell. Tanis teaches that electrical power is supplied to the nichrome heating wire through leads connected to the heater jacket, causing the wire to heat and influence the temperature of the battery. (see col. 6, lines 1-30; Fig. 1, module 10, cable 20, battery assembly 4)
As per claim 16, Tanis teaches the method of claim 13, further comprising: arranging a temperature sensor in contact with at least one of the first layer, the second layer, and the battery cell; supplying power from the power source to the wire, to heat the wire and cause a thermal runaway in the battery cell; and regulating the power from the power source to the wire, based at least in part on an output of the temperature sensor. Tanis teaches that the thermostat monitors the battery temperature and regulates the power supplied from the remote source to the wire, ensuring controlled heating of the battery cell. (see col. 6, lines 1 – 30)
As per claim 17, Tanis teaches the method of claim 16, wherein regulating the power from the power source to the wire comprises: regulating the power from the power source to the wire such that one or both of (i) at least a part of a rise in the temperature has a constant or near constant slope, and (ii) the power supply is reduced or removed, in response to achieving a thermal runaway in the battery cell. Tanis teaches that a second thermostat may be used to interrupt or reduce power if the battery exceeds a safe threshold temperature, thereby regulating power to prevent overheating. (see col. 7, lines 25 - 35)
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.
Claims 12, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanis in view of Wu et. al. (US 2024/0304963 – hereafter “Wu”).
Regarding claim 12, the claim recites “The system of claim 1, wherein the first
layer of first dielectric material comprises a polyimide film, and the second layer of second dielectric material comprises mica.” Tanis fails to teach that the first dielectric layer comprises a polyimide film and the second dielectric layer comprises mica.
However, Wu teaches that a barrier layer may be made from a fire-resistant polymer such as polyimide, and alternatively from an inorganic filler such as mica. (see para [0044]).
It would have been obvious to person of ordinary skill in the art before the effective filing date to modify Tanis in view of Wu to use polyimide and mica, as Wu teaches these materials provide fire resistance and thermal stability, thereby improving the safety and reliability of the battery system.
As per claim 18, Tanis teaches the following:
A system for testing a battery cell, comprising:
a wire comprising one or more metals at least in part wrapped around a battery cell (see col. 5, lines 30 - 60);
an electrical barrier layer between the wire and the battery cell (see col. 5, lines 50 - 60);
and a thermal barrier layer on the wire (see col 5., lines 40 - 50); but does not teach a thermocouple to measure a rise in temperature of the battery cell.
However, Wu teaches embedding a thermocouple in a sample to measure temperature rise during compression testing, with results recorded at regular intervals (see para [0139]).
It would have been obvious to person of ordinary skill in the art before the effective filing date to include a thermocouple in the system of Tanis in view of Wu, since Wu teaches that thermocouples provide accurate, real-time monitoring of temperature rise, thereby improving safety and control in battery thermal testing.
Regarding claim 20, the claim recites “The system of claim 18, further comprising: a power supply to supply power to the wire; and a controller to regulate the power supplied to the wire, based at least in part on a temperature reading from the thermocouple.”
Tanis teaches a power supply to supply power to the wire and a controller to regulate the power supplied to the wire based at least in part on a temperature reading (see col. 7 lines 10 – 25).
It would have been obvious to person of ordinary skill in the art before the effective filing date to modify Tanis in view of Wu by incorporating the thermocouple taught by Wu into the controller circuit of Tanis in order to regulate the power supplied to the wire based on real-time temperature readings from the thermocouple, thereby improving safety and control in battery thermal testing.
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.
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/MANUEL SALVADOR CASTELLON JR/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855