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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 10/6/2025 is acknowledged.
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.
Claims 1-3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cummings (WO 2023/006698, citations from US 2024/0347797).
Regarding claim 1, Cummings discloses in Figs 1-3, a battery cell unit ([0031], Fig 2) comprising: a battery cell body ([0031], Fig 2); and outgassing material ([0017], [0034], P3/Tables 1-2) encapsulating ([0031], Fig 2) the battery cell body ([0031], Fig 2), wherein (i) the outgassing material ([0017], [0034], P3/Tables 1-2) comprises a compound that emits one or more off-gasses at a range of off-gas temperatures ([0017], [0034], P3/Tables 1-2), (ii) the range of off-gas temperatures is associated with a thermal runaway pending event (Abstract, [0030]), and (iii) the one or more off-gasses are detectable by a gas sensor ([0035]).
Regarding claim 2, Cummings discloses all of the claim limitations as set forth above and also discloses the gas sensor ([0035]) comprises at least an electrochemical sensor ([0035]).
Regarding claim 3, Cummings discloses all of the claim limitations as set forth above and also discloses the outgassing material comprises a polymer film ([0034], Fig 2) incorporated with one or more chemical components ([0017], [0034], P3/Tables 1-2) including a specific vapor pressure associated with the range of off-gas temperatures ([0017], [0034], P3/Tables 1-2).
Regarding claim 5, Cummings discloses all of the claim limitations as set forth above and also discloses the outgassing material comprises one or more polymers ([0017], [0034], P3/Tables 1-2).
Regarding claim 6, Cummings discloses all of the claim limitations as set forth above and also discloses the outgassing material comprises polyethylene ([0017]).
Regarding claim 7, Cummings discloses all of the claim limitations as set forth above and also discloses the range of off-gas temperatures is below a temperature associated (Abstract, [0030]) with the thermal runaway pending event (Abstract, [0030]).
Regarding claim 8, Cummings discloses all of the claim limitations as set forth above and also discloses the range of off-gas temperatures is below a temperature associated with cell venting (Abstract, [0030], P3/Tables 1-2).
Regarding claim 9, Cummings discloses all of the claim limitations as set forth above and also discloses (P4/Tables 3-4, [0034], specific temp points between 248-266F or 120-130C).
Regarding claim 10, Cummings discloses all of the claim limitations as set forth above and also discloses a chemical compound ([0017], [0034], P3/Tables 1-2) is incorporated into the outgassing material ([0017], [0034], P3/Tables 1-2).
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 non-obviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cummings (WO 2023/006698, citations from US 2024/0347797) as applied to claim 1 above, and further in view of Georgeson et al. (US 2016/0195437).
Regarding claim 4, Cummings et al. discloses all of the claim limitations as set forth above but does not explicitly disclose the outgassing material comprises a thermochromic additive.
Georgeson et al. discloses in Figs 1-12, a battery cell (ref 104) having a coating including a thermochromatic material (refs 114, 116, 118, 120) that turns colors at given temperatures ([0018], [0021]). This configuration enhances the ease of detecting temperature changes in a battery, enhancing safety via enhanced temperature monitoring (Abstract, [0018], [0043]-[0045]).
Georgeson et al. and Cummings are analogous since both deal in the same field of endeavor, batteries and sensors.
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the thermochromatic material of Georgeson et al. into the outgassing material of Cummings to enhance battery temperature monitoring via the ease of a color change detection, enhancing battery safety and simplicity of design.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Horai et al. (US 2017/0025713) discloses in Figs 1-4, a battery ([0026]) including a coating comprising a color-changing gas detection material ([0049]).
Kato et al. (US 2021/0080397) discloses in Figs 1-4, a battery ([0087]) including a coating sheet (ref 10) including a polymer that detects outgassing from the battery ([0087]).
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/KENNETH J DOUYETTE/Primary Examiner, Art Unit 1725