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 .
Claim Status
Applicant’s arguments and claim amendments submitted on May 11th, 2026 have been entered into the file.
Currently, claims 1 and 7 are amended, claims 2-5, 8-10, 19-20 and 34-35 are cancelled, resulting in claims 1, 6-7, 11-18, and 21-33 pending for examination.
Response to Amendment
The arguments and amendments filed May 11th, 2026 have been received and entered into the file.
Applicant’s cancellation of claims 5 and 9-10 have overcome 35 U.S.C. 112(b) rejection set forth in the Non Final Rejection mailed February 9th, 2026.
Terminal Disclaimer
The terminal disclaimer filed on May 14th, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18,697,385 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112(a)
Claims 1, 6-7, 11-18, and 21-33 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.
Regarding claim 1, the instant amended claim recites “a Li-ion battery consists of…”. However there is no recitation of “consists of” in the instant specification as filed. Further, applicant has not pointed to where support for the amended limitations may be found in the disclosure, as the disclosure provides that “the present application provides a Li-ion battery, which comprises at least one battery cell 1; an explosion-venting mechanism 2 fixed to the battery cell 1 for releasing thermal runaway fume generated by the battery cell in the case of thermal runaway; a manifold 3 with one end fixedly connected to the explosion-venting mechanism 2 for transferring the thermal runaway fume; and an ignition device 4 fixedly connected to the other end of the manifold 3 for igniting the thermal runaway fume transferred through the manifold 3…” (Paragraph 0094). Further, the Examiner provides that the instant disclosure describes additional structural components to the explosion-venting mechanism, manifold, and ignition device, for example:
“a battery cell thermal runaway fume treatment device, which comprises a venting cylinder, a plurality of venting nozzles, pressure valves, ignition switches, and ignition devices…” (Paragraph 0036)
“The ignition device 4 further comprises an air inlet for introducing air to mix with the thermal runaway fume. In the case that there is more than one battery cell…” (Paragraph 0094)
“…a manifold, one end of which comprises a plurality of branch ducts connected to the explosion vents in one-to-one correspondence, and the other end of which fixedly connected to the mounting part of the thermal runaway fume treatment device” (Paragraph 0064).
Therefore, the Examiner presents that there are many different components to the Li-ion battery recited in the instant claim 1 as described in the specification and without proper support for “consisting of” language the disclosure as filed lacks supports for the amendment. Appropriate correction is required.
Regarding claim 7, the instant amended claim recites “A Li-ion battery pack consists of…”
However there is no recitation of “consists of” in the instant specification as filed. Further, applicant has not pointed to where support for the amended limitations may be found in the disclosure, as the disclosure provides that “the present application provides a Li-ion battery pack, which comprises a box 7 and a plurality of Li-ion battery cells connected in series or in shunt in the box 7; and an explosion-venting mechanism 2, which may be a pressure valve or communication tube and fixed to the box 7 for releasing the thermal runaway fume generated by the battery cell during thermal runaway; a manifold 3 with one end fixedly connected to the explosion-venting mechanism 2 for transferring the thermal runaway fume; and an ignition device 4 fixedly connected to the other end of the manifold 3 for igniting the thermal runaway fume transferred through the manifold 3.…” (Paragraph 00106). Further, the Examiner provides that the instant disclosure describes additional structural components to the explosion-venting mechanism, manifold, and ignition device, for example:
“a battery cell thermal runaway fume treatment device, which comprises a venting cylinder, a plurality of venting nozzles, pressure valves, ignition switches, and ignition devices…” (Paragraph 0036)
“the ignition device 4 comprises an ignitor and an air inlet…” (Paragraph 00110)
“…a manifold, one end of which comprises a plurality of branch ducts connected to the explosion vents in one-to-one correspondence, and the other end of which fixedly connected to the mounting part of the thermal runaway fume treatment device” (Paragraph 0064).
Therefore, the Examiner presents that there are many different components to the Li-ion battery recited in the instant claim 1 as described in the specification and without proper support for “consisting of” language the disclosure as filed lacks supports for the amendment. Appropriate correction is required.
Regarding claims 6, 11-18, and 21-33, they are rejected based on their dependency on a previously rejected claim.
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, 6-7, and 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) consists of (Paragraph 5):
an explosion-venting mechanism (safety valve, first filter device) (Figures 1-2, Elements 150 and 120 respectively) (Paragraphs 75 and 82),
a manifold (communication pipe, first unidirectional output device) (Figures 1-2, Elements 300 and 400 respectively),
a battery cell thermal runaway fume treatment device (combustion chamber, second pressure sensing device, second safety valve, pumping device, first temperature sensor, second temperature sensor, second one-way gas transmission device, third one-way gas transmission device, fourth one-way gas transmission device, control device, gas storage room, first pressure sensing device, first safety valve) (Figure 2, Elements 200, 210, 230, 240, 250, 260, 410, 420, 430, 500, 600, 610, 620, respectively),
and at least one battery cell (Figures 1-2, Element 110) (Paragraph 6);
wherein the explosion-venting mechanism is fixed to the battery cell for releasing thermal runaway fume generated by the battery cell in the case of thermal runaway (Paragraph 75);
the manifold is fixedly connected to the explosion-venting mechanism for transferring the thermal runaway fume (Figure 2, Paragraph 84); and
the battery cell thermal runaway fume treatment device is 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 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) consists of:
a box (battery module housing, second receiving cavity, battery module housing, first receiving chamber) (Figure 4, Element 810, 820, 710, 720, respectively),
an explosion-venting mechanism (third filter device) (Figure 4, Element 140),
a manifold (communication pipe, sixth one-way gas transmission device) (Figure 4, Elements 300 and 450, respectively),
a battery cell thermal runaway fume treatment device (combustion chamber, second pressure sensing device, second safety valve, pumping device, first temperature sensor, second temperature sensor, second one-way gas transmission device, third one-way gas transmission device, fourth one-way gas transmission device, control device, gas storage room, first pressure sensing device, first safety valve) (Figure 4, Elements 200, 210, 230, 240, 250, 260, 410, 420, 430, 500, 600, 610, 620, respectively) ,
and a plurality of Li-ion battery cells (Figure 4, Elements 110 and 700); wherein
the plurality of Li-ion battery cells are arranged inside the box (Figure 4);
the explosion-venting mechanism is fixed to the box for releasing thermal runaway fume generated by the battery cells in the case of thermal runaway (Paragraph 102);
the manifold is fixedly connected to the explosion-venting mechanism for transferring the thermal runaway fume (Paragraphs 101-102); and
the battery cell thermal runaway fume treatment device is 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 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).
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).
Response to Arguments
In the remarks filed May 11th, 2026, applicant argues the treatment of the thermal runaway fume of Li appears to be different from the pending claims, with Li requiring the setting up of a dedicated combustion chamber and the use of a pump to inject air into the combustion chamber. Applicant further argues that claims 1 and 7 do not require a dedicated combustion chamber or the pump, allowing the structure of the Li-ion battery and the Li-ion battery pack to be simpler which possesses advantages such as increased versatility and less required installation.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that the claims of the instant application are directed toward a product, namely a lithium ion battery, and therefore arguments directed toward the process of using the product (treating the thermal runaway fume of the battery) and its advantages are considered moot, as the prior art is required to comprise the same structural features as the claimed product in order to anticipate the instant claimed limitations.
As described in the above rejection of the amended claim limitations, Li teaches the combustion chamber which met the instant claimed limitation of the battery cell thermal runaway fume treatment device. The instant claim requires the battery cell thermal runaway fume treatment device to be fixedly connected to the manifold to ignite the thermal runaway fume transferred from the manifold and to comprise an ignition device. As the combustion chamber of Li meets these instant claimed limitations as described in the above rejection, it is considered to teach the claimed limitation of the Li-ion battery including a battery cell thermal runaway fume treatment device and there is nothing in the disclosure to preclude such an interpretation. Further, the instant disclosure supports that the thermal runaway fume treatment device may comprise other structural components (Paragraph 0036) thus the updated rejection to consider the
combustion chamber, second pressure sensing device, second safety valve, pumping device, first temperature sensor, second temperature sensor, second one-way gas transmission device, third one-way gas transmission device, fourth one-way gas transmission device, control device, gas storage room, first pressure sensing device, first safety valve
as part of the thermal runaway fume treatment device is consistent with the instant disclosure.
Additionally, Li teaches the pumping device as being connected to the combustion chamber (Paragraph 75) and therefore was interpreted by the Examiner as a structural component of the thermal runaway fume treatment device. The instant claim requires the battery cell thermal runaway fume treatment device to be fixedly connected to the manifold to ignite the thermal runaway fume transferred from the manifold and to comprise an ignition device. As the pumping device is connected to the combustion chamber of Li, it is considered to be a part of the thermal runaway fume treatment device and there is nothing in the disclosure to preclude such an interpretation. Further, the instant disclosure supports that the thermal runaway fume treatment device may comprise other structural components (Paragraph 0036), including a pump as described by Li.
In the remarks filed May 11th, 2026, applicant argues that the disclosure of Li includes a first filtration device in the treatment of the thermal runaway fume in Li. Applicant argues that the first filtration device of Li filters out flammable gases from the thermal runaway fume and assumes that if the pump is not added to the combustion chamber, even if the thermal runaway fume is treated by the first filtration device is conveyed to the combustion chamber, it would not be possible to ignite the thermal runaway fume.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that applicant’s arguments with respect to “filtering out” the flammable gas from the battery cells of Li is not founded, as Li teaches the flammable gas entering the combustion chamber after passing through the filtering device (Paragraph 25). Further, Li teaches it is desirable to isolate the flammable gas to prevent the propagation of thermal runaway, and that the flammable gas in the combustion chamber is ignited (Paragraph 34). Therefore, Li teaches not only is it possible, but it is desirable to ignite the thermal runaway fume (flammable gases exiting the filtration device) in the thermal runaway fume treatment device, including the combustion chamber of Li.
In the remarks filed May 11th, 2026, applicant argues that the entire treatment process of Li is different from the technical solutions provided by the instant application. Specifically, applicant argues that it is necessary to ensure that the thermal runaway fume does not easily combust after being filtered by the first filtration device.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that the claims of the instant application are directed toward a product, namely a lithium ion battery, and therefore arguments directed toward the process of using the product (treating the thermal runaway fume of the battery), as the prior art is required to comprise the same structural features as the claimed product in order to anticipate the instant claimed limitations. In the remarks, applicant appears to generally argue the differences in the treatment process of the instant application compared to that of Li. However, Li teaches the structure:
“A Li-ion battery consisting of an explosion venting mechanism, a manifold, a battery cell thermal runaway fume treatment device, and at least one battery cell;
wherein the explosion-venting mechanism is fixed to the battery cell for releasing thermal runaway fume generated by the battery cell in the case of thermal runaway;
the manifold is fixedly connected to the explosion-venting mechanism for transferring the thermal runaway fume; and
the battery cell thermal runaway fume treatment device is 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.”
and therefore anticipates all of the instant claimed limitations.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA A JONES whose telephone number is (571)272-1718. The examiner can normally be reached Mon-Fri 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at (571) 270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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