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 Amendment
The arguments and amendments filed December 18th, 2025 have been received and entered into the file.
Applicant’s amendments to claims 1, 12, 21, and 28 have overcome the requirement for restriction set forth in the Restriction mailed October 31st, 2025. Accordingly, the requirement for restriction has been withdrawn.
Election/Restrictions
Applicant timely traversed the restriction (election) requirement in the reply filed on December 18th, 2025.
However, as noted above, the requirement for restriction has been withdrawn and therefore election is not required, resulting in claims 1-18, 21-33 pending for examination.
Claim Objections
Claim 7 is objected to because of the following informalities: the examiner requests “battery cell thermal runaway fume treatment device” is corrected to recite “a battery cell thermal runaway fume treatment device”. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, there is no antecedent basis for “the buffer mechanism.” For the purposes of examination, the buffer mechanism of claim 5 is understood to refer to the buffer device of claim 3. Appropriate correction is required.
Regarding claim 9, there is no antecedent basis for “the buffer mechanism.” For the purposes of examination, the buffer mechanism of claim 9 is understood to refer to the buffer device of claim 9. Appropriate correction is required.
Regarding claim 10, there is no antecedent basis for “the buffer mechanism.” For the purposes of examination, the buffer mechanism of claim 10 is understood to refer to the buffer device of claim 9. Appropriate correction is required.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (Chinese Patent Publication No. 108879001 A).
Regarding claim 1, Li teaches a Li-ion battery (Figures 1-2, Element 10), comprising (Paragraph 5):
at least one battery cell (Figures 1-2, Element 110) (Paragraph 6);
an explosion-venting mechanism (safety valve) (Figures 1-2, Element 150) (Paragraph 82) fixed to the battery cell for releasing thermal runaway fume generated by the battery cell in the case of thermal runaway (Paragraph 75);
a manifold (communication pipe) (Figures 1-2, Element 300) fixedly connected to the explosion-venting mechanism for transferring the thermal runaway fume (Figure 2, Paragraph 84); and
a battery cell thermal runaway fume treatment device (combustion chamber) (Figures 1-2, Element 200) fixedly connected to the manifold to ignite the thermal runaway fume transferred from the manifold (Paragraph 83), wherein the battery cell thermal runaway fume treatment device comprises an ignition device (Figure 2, Element 220) (Paragraph 98).
Regarding claim 2, Li teaches the Li-ion battery according to claim 1.
The instant disclosure provides that the backfire preventer prevents the burning thermal runaway fume from entering the manifold in the reversed direction after the thermal runaway fume is ignited (Paragraph 00101).
Li teaches a third one-way gas delivery device (Figure 2, Element 420) which is part of the manifold (communication pipe) (Figures 1-2, Element 300), as seen in Figure 2, which is configured to control the flammable gas to be input into the gas storage chamber. Li teaches the third one-way gas delivery device is an electromagnetic one-way valve controlled by a controlled device, so as to prevent the flammable gas to be diffused again into the battery cell to cause combustion or explosion (Paragraph 87). Thus, the third one-way gas delivery device is a one-way valve which prevents the thermal runaway fume from traveling in the reversed direction and is considered a backfire preventer fixed onto the manifold, meeting the instant claimed limitations.
Regarding claim 3, Li teaches the Li-ion battery according to claim 1, wherein the Li-ion battery further comprises a buffer device (gas storage chamber) (Figure 2, Element 600) arranged in front of the ignition device (Paragraph 85).
Regarding claim 4, Li teaches the Li-ion battery according to claim 3.
Li teaches a first safety valve (Figure 2, Element 620) disposed in the gas storage chamber which discharges gas with excessive pressure from the gas storage chamber. The discharging of gas from the gas storage chamber under the condition of excess pressure is considered the buffer mechanism of the instant claim, which is provided with a pressure-relief valve (first safety valve), meeting the instant claimed limitations.
Regarding claim 5, Li teaches the Li-ion battery according to claim 3, wherein the buffer mechanism (buffer device, as described in the 112(b) rejection of claim 5 above) is a pressure container (gas storage container) (Figure 2, Element 600).
Li teaches a first pressure sensing device (Figure 2, Element 610) which monitors the pressure inside the gas storage chamber. Li teaches when the pressure inside the gas storage chamber is stable, a second one-way gas transmission device (Figure 2, Element 410) is turned on again to allow entry of the gas from the gas storage chamber into the combustion chamber (Paragraph 89). Therefore, Li clearly discloses the gas storage chamber is sensitive to pressure and includes various means to control pressure (Paragraph 91), thus the gas storage container of Li is equated with the instant pressure container, meeting the claimed limitations.
Regarding claim 6, Li teaches the Li-ion battery according to claim 1, wherein the ignition device is a pulse igniter (spark plug) (Paragraph 98); and the ignition device (combustion chamber) further comprises an air inlet for introducing air to mix with the thermal runaway fume for ignition (Paragraphs 24, 85).
Regarding claim 7, Li teaches a Li-ion battery pack (Figure 4, Element 800), comprising:
a box (battery module housing) (Figure 4, Element 810), inside which a plurality of Li-ion battery cells (Figure 4, Element 110) are arranged;
an explosion-venting mechanism (third filter device) (Figure 4, Element 140) fixed to the box for releasing thermal runaway fume generated by the battery cells in the case of thermal runaway (Paragraph 102);
a manifold (communication pipe) (Figure 4, Element 300) fixedly connected to the explosion-venting mechanism for transferring the thermal runaway fume (Paragraphs 101-102); and
battery cell thermal runaway fume treatment device (combustion chamber) (Figure 4, Element 200) fixedly connected to the manifold to ignite the thermal runaway fume transferred from the manifold, wherein the battery cell thermal runaway fume treatment device comprises an ignition device (Figure 4, Element 220) (Paragraph 102).
Regarding claim 8, Li teaches the Li-ion battery pack according to claim 7.
The instant disclosure provides that the backfire preventer prevents the burning thermal runaway fume from entering the manifold in the reversed direction after the thermal runaway fume is ignited (Paragraph 00101).
Li teaches a sixth one-way gas delivery device (Figure 4, Element 440) which is part of the manifold (communication pipe), as seen in Figure 4, which is a mechanical one-way valve disposed adjacent to the battery pack to prevent the flammable gas from flowing back (Paragraph 103).
Thus, the sixth one-way gas delivery device of Li is a one-way valve which prevents the thermal runaway fume from traveling in the reversed direction and is considered a backfire preventer fixed onto the manifold, meeting the instant claimed limitations.
Regarding claim 9, Li teaches the Li-ion battery pack according to claim 7, wherein the Li-ion battery cell further comprises a buffer device (gas storage chamber) (Figure 4, Element 600) arranged in front of the ignition device (Figure 4, Element 220); and the buffer mechanism is further provided with a pressure-relief valve (Figure 4, Element 620).
Regarding claim 10, Li teaches the Li-ion battery pack according to claim 7, wherein the buffer mechanism (the buffer device, as described in the 112(b) rejection of claim 10 above) is a pressure container (gas storage container) (Figure 4, Element 600).
Li teaches a first pressure sensing device (Figure 2, Element 610) which monitors the pressure inside the gas storage chamber. Li teaches when the pressure inside the gas storage chamber is stable, a second one-way gas transmission device (Figure 2, Element 410) is turned on again to allow entry of the gas from the gas storage chamber into the combustion chamber (Paragraph 89). Therefore, Li clearly discloses the gas storage chamber is sensitive to pressure and includes various means to control pressure (Paragraph 91), thus the gas storage container of Li is equated with the instant pressure container, meeting the claimed limitations.
Regarding claim 11, Li teaches the Li-ion battery pack according to claim 7, wherein the ignition device is a pulse igniter (spark plug) (Paragraph 98); and the ignition device (combustion chamber) further comprises an air inlet for introducing air to mix with the thermal runaway fume for ignition (Paragraph 102).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-17, 21-33 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 13, 34-35, 37-38, 43, and 45 of copending Application No. 18,307,170 (hereafter “Zhang”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application is rejected as being unpatentable over claims 1 and 43 of Zhang. Zhang teaches the limitations of claim 1 including a Li-ion battery, comprising:
at least one battery cell;
an explosion-venting mechanism fixed to the battery cell for releasing thermal runaway fume generated by the battery cell in the case of thermal runaway;
a manifold fixedly connected to the explosion-venting mechanism for transferring (conveying) the thermal runaway fume; and
a battery cell thermal runaway fume treatment device
Claim 2 of the instant application is rejected as being unpatentable over claim 43 of Zhang. Zhang teaches the limitations of claim 2 including a backfire preventer (anti-backfire apparatus) fixed on the manifold.
Claim 3 of the instant application is rejected as being unpatentable over claim 43 of Zhang. Zhang teaches the limitations of claim 3 including a buffer device (apparatus) arranged in front of the ignition device.
Claim 4 of the instant application is rejected as being unpatentable over claim 43 of Zhang. Zhang teaches the limitations of claim 4 including a buffer mechanism (the buffer apparatus) provided with a pressure-relief valve.
Claim 5 of the instant application is rejected as being unpatentable over claim 43 of Zhang. Zhang teaches the limitations of claim 5 including the buffer mechanism (the buffer apparatus) being an elastic bag or pressure container.
Claim 6 of the instant application is rejected as being unpatentable over claims 43 and 45 of Zhang. Zhang teaches the limitations of claim 6 including the ignition device being a pulse igniter, and the ignition device further comprises an air inlet for introducing air to mix with the thermal runaway fume for ignition.
Claim 7 of the instant application is rejected as being unpatentable over claims 1 and 45 of Zhang. Zhang teaches the limitations of claim 7 including a Li-ion battery pack, comprising:
a box, inside which a plurality of Li-ion battery cells are arranged;
an explosion-venting mechanism fixed to the box for releasing thermal runaway fume generated by the battery cells in the case of thermal runaway;
a manifold fixedly connected to the explosion-venting mechanism for transferring (conveying) the thermal runaway fume; and
battery cell thermal runaway fume treatment device
Claim 8 of the instant application is rejected as being unpatentable over claim 45 of Zhang. Zhang teaches the limitations of claim 8 including a backfire preventer (anti-backfire apparatus) fixed on the manifold.
Claim 9 of the instant application is rejected as being unpatentable over claim 45 of Zhang. Zhang teaches the limitations of claim 9 including a buffer device (the buffer apparatus) arranged in front of the ignition device; and the buffer mechanism is further provided with a pressure relief valve.
Claim 10 of the instant application is rejected as being unpatentable over claim 43 of Zhang. Zhang teaches the limitations of claim 10 including the buffer mechanism (the buffer apparatus) being an elastic bag or pressure container.
Claim 11 of the instant application is rejected as being unpatentable over claim 45 of Zhang. Zhang teaches the limitations of claim 11 including the ignition device being a pulse igniter, and the ignition device further comprises an air inlet for introducing air to mix with the thermal runaway fume for ignition.
Claim 12 of the instant application is rejected as being unpatentable over claims 35 and 37 of Zhang. Zhang teaches the limitations of claim 12 including the battery cell thermal runaway fume treatment device further comprising a gas storage chamber (cabin) comprising
a gas inlet (intake pipe) and a gas outlet (exhaust pipe) for introducing the thermal runaway fume into the gas storage chamber and discharging the thermal runaway fume out of the gas storage chamber;
the ignition device is fixedly arranged outside the gas storage chamber at the gas outlet;
the gas storage chamber is partitioned by a movable partition into a first compartment (cabin) and a second compartment (cabin) that are separated from each other;
the gas inlet is arranged inside the first compartment, and the gas outlet is arranged inside the second compartment;
the second compartment is further provided with a switch assembly therein, which comprises an ignition switch; and
when a gas pressure in the first compartment increases, the movable partition is pushed by the gas pressure in the first compartment to abut against the ignition switch, so that the ignition device is switched on and the gas outlet is at least partially exposed to the first compartment to discharge the thermal runaway fume.
Claim 13 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 13 including the first compartment is provided with an elastic assembly, the elastic assembly abuts between the first compartment and the movable partition; and/or the second compartment is provided with the elastic assembly, the elastic assembly abuts between the second compartment and the movable partition.
Claim 14 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 14 including the movable partition is provided with sealing gaskets to maintain the gas impermeability (airtight) of the first compartment and the second compartment.
Claim 15 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 15 including the gas outlet is configured as a duct (pipeline), on which a flow check valve is provided to control the flow rate of the thermal runaway fume.
Claim 16 of the instant application is rejected as being unpatentable over claims 35 of Zhang. Zhang teaches the limitations of claim 16 including the gas storage chamber comprises a mounting part (support seat) for fixedly mounting on the battery cells
Claim 17 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 17 including the ignition device is a pulse igniter.
Claim 21 of the instant application is rejected as being unpatentable over claims 11 of Zhang. Zhang teaches the limitations of claim 21 including the battery cell thermal runaway fume treatment device further comprises
a venting (exhaust) cylinder, a plurality of venting nozzles, pressure valves, and ignition switches, wherein the venting nozzles are fixedly connected to the venting cylinder respectively to form thermal runaway fume venting passages (channel);
the pressure valves and the ignition switches are arranged inside corresponding venting passages, each of the pressure valves comprises a piston, and seals the corresponding venting passage at normal pressure to keep the venting passage closed; at a high pressure, the piston inside the pressure valve is pushed by the gas pressure to move, so that the venting passage is opened, and the pressure valve abuts against the ignition switch to switch on the ignition device at the same time; and
when a battery cell generates thermal runaway fume, the pistons in the pressure valves are pushed in turn as the gas pressure increases gradually, the ignition switches are actuated (turned on) sequentially and switch on the ignition devices, so that the thermal runaway fume is ignited.
Claim 22 of the instant application is rejected as being unpatentable over claims 11 of Zhang. Zhang teaches the limitations of claim 22 including the venting cylinder being provided with an anti-backfire valve.
Claim 23 of the instant application is rejected as being unpatentable over claims 11 of Zhang. Zhang teaches the limitations of claim 23 including the pressure valve is provided with a sealing gasket.
Claim 24 of the instant application is rejected as being unpatentable over claims 13 of Zhang. Zhang teaches the limitations of claim 24 including the venting cylinder and the venting nozzles are fixedly arranged on fixing cylinders respectively to form gas passages, so that the thermal runaway fume can pass through the venting cylinder, the fixing cylinders, and the venting nozzles sequentially.
Claim 25 of the instant application is rejected as being unpatentable over claims 13 of Zhang. Zhang teaches the limitations of claim 25 including the pressure valve is fixedly arranged at a joint between the fixing cylinder and the venting nozzle, the pressure valve is provided with a protrusion, the ignition switch is arranged inside the venting nozzle; when the piston of the pressure valve is moved, the protrusion abuts against the ignition switch, so that the ignition device is switched on.
Claim 26 of the instant application is rejected as being unpatentable over claims 13 of Zhang. Zhang teaches the limitations of claim 26 including the ignition device is a pulse igniter.
Claim 27 of the instant application is rejected as being unpatentable over claims 35 of Zhang. Zhang teaches the limitations of claim 27 including the battery cell thermal runaway fume treatment device further comprises a mounting part to mount on a battery cell shell.
Claim 28 of the instant application is rejected as being unpatentable over claims 34 of Zhang. Zhang teaches the limitations of claim 34 including the battery cell thermal runaway fume treatment device further comprising
a gas storage chamber (cabin), wherein the gas storage chamber is provided with a sealing partition therein to separate the gas storage chamber into an enclosed first compartment (cabin) and an enclosed second compartment (cabin);
the first compartment comprises a gas inlet duct for a thermal runaway gas to enter the first compartment;
the second compartment comprises a venting duct to discharge the thermal runaway gas, and the ignition device is arranged at an outlet of the venting duct;
the partition is provided with a pressure-relief valve, and the thermal runaway gas can pass through the pressure-relief valve and enter the second compartment from the first compartment;
the gas storage chamber is further provided with a switch assembly, which comprises a trigger and an ignition switch, wherein the trigger is inserted through the partition and can be pushed by the gas pressure, and the ignition switch is arranged inside the second compartment and can be actuated by the trigger;
when the gas pressure in the first compartment reaches a first threshold P1, the thermal runaway gas enters the second compartment through the pressure-relief valve, and reaches the outlet through the venting duct;
when the gas pressure in the first compartment reaches a second threshold P2, the trigger abuts against the ignition switch, so that the ignition switch is actuated and switches on the ignition device, and the thermal runaway gas is ignited;
and the value of the first threshold P1 is not smaller than the value of the second threshold P2.
Claim 29 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 29 including the movable partition (partition board) is provided with sealing gaskets to maintain the gas impermeability (airtight) of the first compartment and the second compartment.
Claim 30 of the instant application is rejected as being unpatentable over claims 38 of Zhang. Zhang teaches the limitations of claim 30 including a gas outlet duct (exhaust pipe) is provided to control the flow rate of the thermal runaway fume.
Claim 31 of the instant application is rejected as being unpatentable over claims 35 of Zhang. Zhang teaches the limitations of claim 31 including the ignition device is a pulse igniter.
Claim 32 of the instant application is rejected as being unpatentable over claims 35 of Zhang. Zhang teaches the limitations of claim 32 including the gas outlet is provided with at least two venting (exhaust) nozzles, and the ignition device comprises at least two ignition ports (heads).
Claim 33 of the instant application is rejected as being unpatentable over claims 35 of Zhang. Zhang teaches the limitations of claim 33 including the gas storage chamber is provided with a supporting base (support seat) outside it for mounting the ignition device.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Cited Art Not Relied Upon
Feng (Chinese Patent Publication No. 104225855 A) discloses a water pressure monitoring method for fire hydrants (Paragraph 3) wherein the monitoring device comprises a first cavity and a second cavity separated by a partition. Feng teaches a guide rod penetrating the partition plate and sliding up and down, and a spring is disposed between the water blocking plate and the partition plate, and the spring is disposed on the guide rod (Paragraph 10). Feng teaches that when water pressure increases, the partition moves upward to generate pressing contact which presses a trigger switch (Paragraph 11).
Cheng (Chinese Patent Publication No.110459719 A) discloses an explosion-proof device located at the top of a switch cabinet which facilitates a quick release of built up gas generated into the switch cabinet, effectively avoiding blasting damage of the switch cabinet (Paragraph 8). Cheng teaches the cabinet body is provided with a partition plate slidable under gas pressure (Paragraph 9) which releases exhaust gas through an exhaust window disposed on the side of the upper portion of the cabinet (Paragraph 10).
Wang (Chinese Patent Publication No. 109256713 A) discloses a battery pack flue gas channel system to control the occurrence of thermal runaway and improve the safety of the battery pack (Paragraph 8). Wang teaches the battery cell having a pressure relief port used to release a combustible gas mixture generated by runaway heat and a plurality of branch pipes, a main pipe, and a cooling device. Wang teaches the branch pipes used to communicate with the pressure relief port of each battery cell (Paragraph 9).
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789