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 Claims
Claims 13, 15-17, 21-22 are currently pending.
Claim 13 has been amended
Response to Amendment
The amendment filed on 08/04/2026does not place the application in condition for allowance. This action is made final.
Status of Rejections Pending
since The Office Action of 05/04/2026
The examiner modified the rejection below to address claimed amendment.
Claim Rejections - 35 USC § 102
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) 13, 15-17, 21-22 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by WO 2020047846, hereinafter as ‘846.
Regarding claim 13, ‘846 teaches a battery assembly comprising:
a housing 753 [fig 7];
one or more battery cells 760 electrically coupled to a busbar, the one or more battery cells and the busbar being received in the housing (since the battery cells is interconnected, it is considered that there are busbars for interconnection) [fig 7 page 1 line 7-8];
fire protection article 700 including passive thermal insulators which is considered to be a fibrous core layer disposed between the busbar and the housing, wherein the fibrous core layer comprises a plurality of oxidized polyacrylonitrile fibers (fig 7 claim 6 p 16 line 5-22). It is noted that the fire protection article includes the thermal insulators as the core layer which is shown as layer 108, 208,308, 408 in fig 1, 2, 3, 4.
fire protection article 700 including a continuous barrier layer (406, 402) (fire barrier layer with binder layer) extending across one major surface of core layer where the continuous barrier layer is a cured silicone coating directly disposed on and contacting a major surface of the fibrous core layer (layer 406 is directly contacted to the core layer 408 where the layer 406 includes a silicone binder as a coating)[fig 4 claim 1-3 page 23 line 11-16]. ‘846 teaches the binder being silicon and provided as a coating and disposed as liquid form and the binder layer penetrates to some degrees into its neighboring layer [page 10 lines 9-15 page 24 lines 12-21]. The recitation “cured” is a product-by-process limitation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, ITT F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Regarding claim 14, ‘846 teaches the continuous barrier layer comprising polyimide (the binder layer is blend of fluoropolymer and polyimide (para 23 line 11-26).
Regarding claim 15, ‘846 teaches the continuous barrier layer comprising inorganic filler dispersed in a binder (page 23 lines 31-32)
Regarding claim 16, ‘846 teaches the inorganic filler comprising mica ( micaceous particles) (page 23 lines 31-32).
Regarding claim 17, ‘846 teaches the inorganic filler being localized at a surface of the non—woven core layer (page 4 lines 9-11).
Regarding claim 18, ‘846 teaches the binder comprising a silicone (para 23 line 11-26).
Regarding claim 21, ‘846 teaches the continuous barrier being a solid non-porous layer [fig 4]
Regarding claim 22, ‘836 teaches there being adhesive layer (scrim layer +binder layer) [fig 4 page 6 para 1]. Also, ‘836 teaches:
the adhesive layer is disposed between, and in direct contact with, both the fibrous core layer and one of the busbar or the housing [fig 1-4]
wherein the major surface of the fibrous core layer on which the cured silicone coating is
disposed is opposite the major surface of the fibrous core layer on which the adhesive layer is disposed on, and
wherein the fibrous core layer and the cured silicone coating define a multilayer
construction and wherein the outermost layer of a multilayer construction is the cured silicone coating [fig 1-4].
Response to Arguments
Applicants’ arguments filed 08/04/2026 have been fully considered but they are not persuasive. the applicant argues in substance:
‘836 does not teach coating limitation.
The examiner respectfully disagrees. ‘836 teaches the coating limitation as set forth above.
‘836 does not teach “cured limitation.
The examiner respectfully disagrees. The recitation “cured” is a product-by-process limitation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, ITT F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
‘836 does not teach nor suggest that the continuous barrier layer penetrates into the OPAN fibrous core layer
The examiner respectfully disagrees. ‘836 teaches the continuous barrier layer penetrates into the OPAN fibrous core layer as set forth above.
‘836's fire barrier is a fibrous fire-protection mat, not the claimed continuous barrier coating.
The examiner respectfully disagrees. ‘836 teaches the continuous barrier coating layer including fire barrier layer with binder layer where the binder layer is coating layer.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UYEN M TRAN whose telephone number is (571)270-7602. The examiner can normally be reached Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at 5712721307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/UYEN M TRAN/Primary Examiner, Art Unit 1726
