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 .
Response to Amendment
The amendment filed November 5th, 2025 has been entered. Claims 1-20 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 1 and 14 under 35 U.S.C. § 102(a)(1) have been considered but are moot because the limitations of the claims have amended to add new issues. New grounds of rejection have been issued.
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 1 and 14 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.
Representative claim 1 recites the limitation “wherein the coefficient of thermal expansion of the rigid protective element and the coefficient of thermal expansion of the at least one optical fiber differ from each other by not more than 20%.” The language “differ from each other by not more than 20%” fails to particularly point out the base value to which the percent difference is compared. It is not definitive whether the difference of 20% is calculated relative to the original coefficient of the rigid protective element or the optical fiber.
For the purposes of examination, the limitation will be interpreted to encompass a difference of 20% or less relative to either coefficient.
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.
Claims 1-9, 12, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moller (DE 102018106710 A1)1.
Regarding Claim 1: Moller discloses (in at least figures 1-3, the description, and the claims) an optically operating temperature sensor configured for attachment to a measurement object (fig. 1 and par. 23: temperature sensor 100), the optically operating temperature sensor comprising:
an optical fiber strand configured to elongate along a longitudinal axis and defined by an external surface extending along the longitudinal axis, wherein the optical fiber strand includes at least one optical fiber disposed within the optical fiber strand and spaced apart from the external surface (fig. 1 and par. 23: optical fiber/waveguide 10. See also par. 7: optical waveguide comprises an external cladding and an internal optical fiber core. Cladding and core comprise different optical materials with different optical properties); wherein the at least one optical fiber is configured to extend along a longitudinal axis between a first end and a second end spaced apart from the first end along the longitudinal axis and disposed for guiding light rays along the longitudinal axis (fig. 1 and par. 23: optical fiber/waveguide 10 with optical cladding and optical fiber core extending along longitudinal axis “A”. See also par. 32: 10 directs light from light source 120);
at least a first optical element arranged axially spaced apart from at least a second optical element along the at least one optical fiber, wherein the first optical element and the second optical element are disposed between the first and second ends of the at least one optical fiber (fig. 1 and par. 30: multiple temperature sensor elements 11 at different spatial positions along first and second ends of 10. See also par. 32.), and wherein each of the first and second optical elements is configured and disposed for influencing the light rays which can be introduced into the at least one optical fiber (fig. 1 and par. 30: multiple temperature sensor elements 11. See also par. 32: “Behind the beam splitter, the optical waveguide 10 can be supplied with preferably broadband measuring light from a measuring light source 120, which is directed to the temperature sensor elements 11 of the optical waveguide and is reflected there depending on the wavelength.”); and
a rigid protective element disposed in continuous contact with the optical fiber strand's external surface along the longitudinal axis between the at least first and second optical elements of the at least one optical fiber (fig.’s 1-2 and par.’s 9, 11, 17, and 25-27: encapsulation 20 in continuous contact with external cladding of 10), wherein said protective element is electrically insulated at least on a side thereof that is configured to face a surface of the measurement object and that can be connected with the measurement object (fig. 1 and par.’s 9, 11, 13, 15, and 17: encapsulation material is chosen from insulating materials with a higher coefficient of thermal expansion than 10 to increase the temperature sensitivity of the temperature sensor elements 11. See also fig.’s 2-3 and par. 25: encapsulation in contact with side of 10 oriented to face temperature sensor 100),
wherein the coefficient of thermal expansion of the rigid protective element and the coefficient of thermal expansion of the at least one optical fiber differ from each other by not more than 20% (par. 26: encapsulation 20 is formed from ceramic which has a thermal expansion coefficient of approx. 9.2-10.3 ⋅ 10-6-/°C, par. 7: optical waveguide comprises glass which has a thermal expansion coefficient of approx. 9 ⋅ 10-6-/°C. The difference between said values is no greater than 20% relative to either coefficient.).
Regarding Claim 2: Moller discloses the temperature sensor according to claim 1, wherein the protective element consists of a material having a thermal conductivity of at least 0.1 W / (m·K) (par. 26: encapsulation 20 is formed from ceramic. The thermal conductivity of ceramic is approximately 2.2-2.3 W / (m·K)).
Regarding Claim 3: Moller discloses the temperature sensor according to claim 1, wherein the protective element is configured in the shape of a tube (fig. 1 and par. 25: 20 is cylindrical/tubular).
Regarding Claim 4: Moller discloses the temperature sensor according to claim 3, wherein the protective element is configured as a straight tube (fig. 1 and par. 25: 20 is cylindrical/tubular).
Regarding Claim 5: Moller discloses the temperature sensor according to claim 1, wherein the material of the protective element consists of a ceramic (par. 26: encapsulation 20 is formed from ceramic.).
Regarding Claim 6: Moller discloses the temperature sensor according to claim 1, wherein the at least one optical fiber and the protective element are directly connected to each other (par.’s 9,17, and 25-17: encapsulation 20 is in contact with and encapsulates 10.).
Regarding Claim 7: Moller discloses the temperature sensor according to claim 1, further comprising a thermally conductive adhesive that connects the at least one optical fiber to the protective element between the spaced apart optical elements and to the optical elements (fig. 1 and par. 25: “The inlet end E3 of the encapsulation 20 is fixed to the optical fiber 10 with a fixing element 21; likewise, the outlet end E4 of the encapsulation 20 is fixed to the optical fiber 10 with a fixing element 22 […] The fixing elements are each made, for example, of an adhesive or a resin.”).
Regarding Claim 8: Moller discloses the temperature sensor according to claim 7, wherein the at least one optical fiber and the protective element are thermally coupled to each other by means of the thermally conductive adhesive (fig. 1 and par.’s 9 and 11: 10 and 20 are thermally coupled. See par. 25: “The inlet end E3 of the encapsulation 20 is fixed to the optical fiber 10 with a fixing element 21; likewise, the outlet end E4 of the encapsulation 20 is fixed to the optical fiber 10 with a fixing element 22 […] The fixing elements are each made, for example, of an adhesive or a resin.”).
Regarding Claim 9: Moller discloses the temperature sensor according to claim 1, wherein an air gap exists between the at least one optical fiber and the protective element in the region between the optical elements; and wherein the at least one optical fiber is defined by a first axial end and a second axial end spaced apart along the longitudinal axis from the first axial end, and the protective element is material-bonded to the at least one optical fiber at least at the first and second axial ends thereof (fig.’s 1-2 and par. 25: temperature sensor elements 11 encapsulated at each end by 20. See par. 6: “The casing is radially spaced from the optical fiber and surrounds the temperature sensor element of the optical fiber.” See fig.’s 1-2, par.’s 17-18, and par. 23: temperature sensor elements 11 formed by laser etching are radially spaced with gaps at predetermined intervals.).
Regarding Claim 12: Moller discloses the temperature sensor according to claim 1, wherein FBG technology is employed during temperature detection (par. 23).
Regarding Claim 15: Moller discloses the temperature sensor according to claim 2, wherein the protective element is configured in the shape of a tube (fig. 1 and par. 25: 20 is cylindrical/tubular).
Regarding Claim 16: Moller discloses the temperature sensor according to claim 15, wherein the protective element is configured as a straight tube (fig. 1 and par. 25: 20 is cylindrical/tubular).
Regarding Claim 17: Moller discloses the temperature sensor according to claim 1, wherein the material of the protective element consists of a plastic material (par. 15: 20 may be made of plastic).
Claim Rejections - 35 USC § 103
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 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Moller as applied to claim 1 above, and further in view of Eberle (US 10258240 B1).
Regarding Claim 10: Moller discloses the temperature sensor according to claim 1, wherein the at least one optical fiber is formed of a glass material (par. 7).
Moller does not explicitly disclose wherein the protective element is formed of a glass material that has a chemical composition identical to that of the at least one optical fiber.
Eberle discloses an analogous art (fig. 24: optical sensor assembly 2400) wherein a protective element is formed of glass material that has a chemical composition identical to that of the at least one optical fiber (fig. 24 and col. 47 line 48 – col. 48 line 17: “Using fused silica or other glass components for all or portions of the tubular housing 2406 or the fused silica distal anchor 2404 can provide components that can provide a good matching of the temperature coefficient of expansion of these materials to the temperature coefficient of expansion of the material of the optical fiber 2402.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the chemical composition of the glass in Moller’s protective element and optical fiber to have identical chemical compositions, as taught by Eberle. This advantageously allows the protective element and optical fiber to have the same temperature coefficient and reduces the potential for measurement errors due to temperature differentials within the sensor (Eberle col. 47 line 48 – col. 48 line 17).
Regarding Claim 20: Moller discloses the temperature sensor according to claim 1, wherein the material of the protective element consists of a plastic material (par. 15: 20 may be made of plastic).
Moller does not explicitly disclose wherein a polyether ether ketone material is used.
Eberle discloses an analogous art (fig. 20: optical sensor assembly 2000) wherein a protective element (fig. 20: polymer sleeve or jacker 2160) wherein the material of the protective element consists of a polyether ether ketone (col. 38 line 54- col. 39 line 11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for a polyether ketone material, as taught by Eberle, to be used in the protective element of Moller’s sensor thereby serving as an adaptable and durable material for electrically insulating and protecting the optical fiber (Eberle col. 38 line 38- col. 39 line 11).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Moller as applied to claim 1 above, and further in view of Sisodia (EP 3636140 A1)2
Regarding Claim 11: Moller discloses the temperature sensor according to claim 1, wherein fiber optic temperature sensing technology is employed (par. 23) but does not explicitly disclose wherein said technology employs FSI technology.
Sisodia discloses an analogous art (fig.’s 1-2 and par. 53: optical sensor arrangement 10 including temperature sensors 11 and 12) wherein in FSI technology is employed during temperature detection (par. 16).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for fiber segment interferometry (FSI), as taught by Sisodia, is employed during the fiber optic temperature detection of Moller’s sensor as a sensing method that leverages the properties of the device’s specific optical fiber arrangement to obtain accurate measurements using range-resolved interferometry (Sisodia par. 16).
Claims 13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Moller.
Regarding Claim 13: Moller discloses the temperature sensor according to claim 1, but does not disclose wherein the protective element (fig. 1: encapsulation 20) consists of a glass material.
However, Moller discloses an additional protective element (fig 1 and par.’s 6, 10, and 24: casing/capillary 30) wherein the additional protective element consists of a glass material (par. 24: 30 may be made of glass).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for glass material, as used by Moller for the capillary, to be used in the encapsulation thereby serving as a metal-free insulating material that effectively decouples the thermal expansion of the optical fiber from external, non-thermal influences (par. 10 and par. 24).
Regarding Claim 18: Moller discloses the temperature sensor according to claim 1, but does not disclose wherein the protective element (fig. 1: encapsulation 20) consists of a synthetic resin.
However, Moller discloses an additional protective element (fig 1 and par.’s 6, 10, and 24: casing/capillary 30) wherein the additional protective element consists of a synthetic resin (par.’s 16 and par. 26: 30 may be made from synthetic resin or epoxy).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for synthetic resin, as used by Moller for the capillary, to be used in the encapsulation thereby serving as a metal-free insulating material that effectively decouples the thermal expansion of the optical fiber from external, non-thermal influences (par.’s 10, 16. and par. 24).
Regarding Claim 19: Moller discloses the temperature sensor according to claim 1, but does not disclose wherein the protective element (fig. 1: encapsulation 20) consists of an epoxy resin.
However, Moller discloses an additional protective element (fig 1 and par.’s 6, 10, and 24: casing/capillary 30) wherein the additional protective element consists of an epoxy resin (par. 16: 30 may be made from synthetic resin or epoxy).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for epoxy resin, as used by Moller for the capillary, to be used in the encapsulation thereby serving as a metal-free insulating material that effectively decouples the thermal expansion of the optical fiber from external, non-thermal influences (par.’s 10, 16. and par. 24).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Moller further in view of Djinovic (WO 2021209961 A1)2 .
Regarding Claim 14: Moller discloses (in at least figures 1-3, the description, and the claims) a battery cell assembly of an electric vehicle (fig. 1 and par. 23: temperature sensor assembly 100), the battery assembly comprising:
a temperature sensor connected to the surface of the measurement object in a thermally conductive manner (fig. 1 and par. 23: temperature sensor assembly 100), wherein the temperature sensor includes:
an optical fiber strand configured to elongate along a longitudinal axis and defined by an external surface extending along the longitudinal axis, wherein the optical fiber strand includes at least one optical fiber disposed within the optical fiber strand and spaced apart from the external surface (fig. 1 and par. 23: optical fiber/waveguide 10. See also par. 7: optical waveguide comprises an external cladding and an internal optical fiber core. Cladding and core comprise different optical materials with different optical properties); wherein the at least one optical fiber is configured to extend along a longitudinal axis between a first end and a second end spaced apart from the first end along the longitudinal axis and disposed for guiding light rays along the longitudinal axis (fig. 1 and par. 23: optical fiber/waveguide 10 with optical cladding and optical fiber core extending along longitudinal axis “A”. See also par. 32: 10 directs light from light source 120);
at least a first optical element arranged axially spaced apart from at least a second optical element along the at least one optical fiber, wherein the first optical element and the second optical element are disposed between the first and second ends of the at least one optical fiber (fig. 1 and par. 30: multiple temperature sensor elements 11 at different spatial positions along first and second ends of 10. See also par. 32.), and wherein each of the first and second optical elements is configured and disposed for influencing the light rays which can be introduced into the at least one optical fiber (fig. 1 and par. 30: multiple temperature sensor elements 11. See also par. 32: “Behind the beam splitter, the optical waveguide 10 can be supplied with preferably broadband measuring light from a measuring light source 120, which is directed to the temperature sensor elements 11 of the optical waveguide and is reflected there depending on the wavelength.”); and
a rigid protective element disposed in continuous contact with the optical fiber strand's external surface along the longitudinal axis between the at least first and second optical elements of the at least one optical fiber (fig.’s 1-2 and par.’s 9, 11, 17, and 25-27: encapsulation 20 in continuous contact with external cladding of 10), wherein said rigid protective element is electrically insulated at least on a side thereof that is configured to face a surface of the measurement object and that can be connected with the measurement object (fig. 1 and par.’s 9, 11, 13, 15, and 17: encapsulation material is chosen from insulating materials with a higher coefficient of thermal expansion than 10 to increase the temperature sensitivity of the temperature sensor elements 11. See also fig.’s 2-3 and par. 25: encapsulation in contact with side of 10 oriented to face temperature sensor 100).
wherein the coefficient of thermal expansion of the rigid protective element and the coefficient of thermal expansion of the at least one optical fiber differ from each other by not more than 20% (par. 26: encapsulation 20 is formed from ceramic which has a thermal expansion coefficient of approx. 9.2-10.3 ⋅ 10-6-/°C, par. 7: optical waveguide comprises glass which has a thermal expansion coefficient of approx. 9 ⋅ 10-6-/°C. The difference between said values is no greater than 20% relative to either coefficient.).
Moller does not explicitly disclose a plurality of battery cells including a first battery cell defining a surface thereof or wherein the measurement object is the surface of a first battery cell.
Dijnovic discloses an analogous art (in at least figures 1-3, the description, and the claims), a battery cell assembly of an electric vehicle (fig.’s 1-2: battery block, fiber optic sensing system, and battery management system. See also page 3 paragraph 2: battery block is that of an electric vehicle), the battery assembly comprising: a plurality of battery cells including a first battery cell defining a surface thereof (fig. 2: battery block 201); a temperature sensor connected to the surface of the first battery cell in a thermally conductive manner (fig.’s 1-2 and page 2 lines 20-30: fiber optic sensing system including “at least one sensor for measuring the temperature of the battery cell”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the temperature sensor of Moller to be connected to plurality of battery cells, as taught by Djinovic, to monitor the temperature of a battery cell assembly of an electric vehicle thereby expanding the utility of the sensor and producing vehicle power supply monitoring system that measures in-situ temperatures allowing the vehicle’s safety systems to respond more rapidly and accurately (Djinovic page 1 par. 2 – page 2 par 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Narita (JP 2021148502 A) discloses the optically operating temperature sensor according to claims 1-9, 13, and 15-20 in their entirety.
Bosselmann (US 20120039358 A1) discloses optically operating temperature sensor according to claims 1-4, 6, 9-10, 12-13, and 15-16 in their entirety.
Kissinger (US 20210003392 A1) discloses the optically operating temperature sensor according to claims 1 and 11 in their entirety.
Bao (US 6115122 A) discloses the optically operating temperature sensor according to claims 1-9, 12-13, and 15-16 in their entirety.
Hegyi (US 2016018319 A1) discloses the battery cell assembly according to claim 14.
Wang (CN 110838604 B) discloses the battery cell assembly according to claim 14.
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.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 1/20/26
1 Citations made to attached translation of description.
2 Citations made to attached copy.