DETAILED ACTION
Response to Amendment
In the amendment dated 5/27/26, the following has occurred: Claim 9 has been amended; Claims 1-8 and 10-20 are cancelled; and new Claims 21-39 have been added.
Claims 9 and 21-39 are pending. This communication is a Final Rejection in response to the "Amendment" and "Remarks" filed on 5/27/26.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/27/26 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 9 and 21-39 are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0323554 A1 (US'554) in view of WO 2011042092 A1 (WO'092).
As to Claim 9:
US'554 discloses a cap plate for a battery cell, comprising: a cap plate body (US'554 discloses a battery cell 10 closed off on an upper side by a lid 14, where the lid forms a cap plate body) (US'554 [0024]); a capacitive pressure sensor comprising a first capacitive surface, a second capacitive surface, and a compressible dielectric disposed between the first capacitive surface and the second capacitive surface (US'554 discloses a pressure-sensitive film sensor 30 in the form of a capacitive pressure sensor made of a flat first metallization acting as an electrode, a parallel flat second metallization, and an intermediate elastically recoverable deformable polyimide dielectric layer) (US'554 [0025], [0028]); and wherein the compressible dielectric is configured to compress in response to an increase in an internal pressure of the battery cell so as to change a capacitance between the first capacitive surface and the second capacitive surface (US'554 discloses that changing the distance of the two electrodes under internal cell pressure or winding deformation causes the capacitance to change, from which the internal prevailing pressure can be inferred) (US'554 [0008], [0027]–[0028], [0030]).
However, US'554 does not explicitly disclose the capacitive pressure sensor being integrated into the cap plate body, but instead illustrates the film sensor 30 wrapped around or positioned in contact with the internal electrode winding 20 inside the housing (US'554 [0024]–[0025], [0028]).
WO'092 discloses an electrochemical cell pressure assembly where a structural cap or sheath element (3) features an integrated breakthrough aperture (6) configured with a stepped inner shoulder (17) that functions as a structural receiving recess for pressure-sensitive or rupture foils (4, 5). WO'092 teaches the architectural integration of pressure management components directly into the body boundaries of the cap element to expose them to internal cell pressure without encroaching on the core electrode space (WO'092 Pgs. 1–2, 5–7).
Both US'554 and WO'092 are analogous arts as both pertain to battery cell safety, internal pressure monitoring, and the structural integration of sensing or pressure-relief components within the housing and cap boundaries of an electrochemical cell (US'554 [0008], [0025], [0028], [0030]; WO'092 Pgs. 1–2, 4–7).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the battery cell assembly of US'554 by integrating its capacitive pressure sensor directly into the cap plate body inside a receiving recess or aperture shoulder as taught by WO'092. A person of ordinary skill in the art would be motivated to relocate the thin-film capacitive sensor layout from the expanding internal core winding to the rigid cap plate structure to protect the fragile sensor layers from direct mechanical friction and degradation during cell cycling, while reliably maintaining a compact, space-optimized, and hermetically sealed pressure-monitoring interface (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 2, 4–7).
As to Claim 21:
US'554 discloses the cap plate of claim 9 (see the rejection of Claim 9) (US'554 [0024]–[0028], [0030]); wherein the compressible dielectric is configured to vary a distance between the first capacitive surface and the second capacitive surface in response to changes of the internal pressure of the battery cell (US'554 discloses that the capacitive film sensor includes a dielectric material that can be deformed in an elastically restorable fashion, and explicitly teaches that “changing the distance between the two electrodes causes the capacitance to change also, and on the basis of this variable it is possible to infer the prevailing pressure within the battery cell 10”) (US'554 [0028]).
As to Claim 22:
US'554 discloses the cap plate of claim 9 (see the rejection of claim 9) (US'554 [0024]–[0028], [0030]); wherein the compressible dielectric comprises a foam, plastic, encapsulated gas, or encapsulated fluid (US'554 discloses that the elastically recoverable deformable material serving as the compressible dielectric can be composed of polymers, specifically explicitly naming polyimide, which is a plastic material, and further notes that such materials are suitable for use within the battery cell) (US'554 [0026]–[0028]).
As to Claim 23:
US'554 discloses the cap plate of claim 9 (see the rejection of claim 9) (US'554 [0024]–[0028], [0030]); However, US'554 does not explicitly disclose the compressible dielectric being received in a recess formed in the cap plate body, nor does it describe a cap positioned over said recess with an opening configured to permit internal pressure to be applied to the dielectric. WO'092 discloses a pressure relief device for an electrochemical cell comprising a breakthrough/aperture 6 in the sheath/cap section 3. This aperture is formed in a stepped manner, creating an internal shoulder 17 within the cap body that functions as a receiving recess (WO'092 Pgs. 2, 5–6). WO'092 further teaches a holding part 9 (cap) positioned over this recess, which includes an opening/passage 11 configured to allow internal cell gases to reach the rupture diaphragm/foil assembly located within the recess (WO'092 Pg. 6; no supporting page found in WO'092 for holding part 9 including an opening/passage 11; WO'092 identifies element 11 as a mandrel/cutting means).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the cap plate of US'554 by seating the capacitive film sensor within the stepped recess shoulder and protective cap assembly taught by WO'092. This combination would be obvious because seating the sensor within a dedicated, stepped recess in the cap plate body—and covering it with a retaining cap featuring a pressure-admitting opening—provides a structurally robust and space-efficient way to protect the thin-film sensor from mechanical degradation while ensuring the sensor element remains in fluid communication with the internal cell pressure environment (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 4, 6–7).
As to Claim 24:
US'554 discloses the cap plate of claim 23 (see the rejection of claim 23) (US'554 [0024]–[0028], [0030]); wherein the compressible dielectric comprises a sealing material disposed between the cap and the cap plate body, such that the cap seals the recess while allowing the internal pressure of the battery cell to act on the compressible dielectric (US'554 discloses that the elastically deformable dielectric material must be protected from the harsh electrochemical environment and that the sensor assembly requires sealing for structural integrity) (US'554 [0026]–[0028]). However, US'554 does not explicitly disclose that the compressible dielectric itself functions as a sealing material disposed between the cap and the cap plate body to effectively seal the recess while maintaining pressure communication. WO'092 discloses that the pressure relief device includes a rupture disc or foil assembly positioned within a stepped aperture that is clamped and sealed using a separate polymer sealing washer or gasket (sealant 10) disposed between the holding part (cap) and the shoulder of the breakthrough (recess) (WO'092 Pgs. 4, 6; no supporting page found for sealant 10 being disposed between holding part 9 and shoulder 17; WO'092 discloses sealing washer 10 between bursting film 5 and paragraph/shoulder 17). WO'092 further teaches that the holding part seals the recess while providing an opening that allows internal pressure to act upon the underlying pressure-sensitive elements (WO'092 Pgs. 4, 6–7; no supporting page found for holding part 9 itself providing an opening or for underlying pressure-sensitive elements).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the sealing arrangement of WO'092—specifically, the use of a distinct seal disposed between the cap and cap plate—into the sensor recess of US'554 to ensure the dielectric and sensor assembly are hermetically isolated from the exterior environment while remaining sensitive to internal battery cell pressure (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 4, 6–7).
As to Claim 25:
US'554 discloses the cap plate of claim 9 (see the rejection of claim 9) (US'554 [0024]–[0028], [0030]); wherein the cap plate is coupled to a metal can of the battery cell (US'554 discloses a battery cell 10 having a metallic cell housing 12, which acts as a metal can, covered by a lid 14 that functions as a cap plate) (US'554 [0024]); wherein the battery cell includes a positive terminal and a negative terminal extending through the cap plate and into an internal volume of the metal can, wherein the positive terminal and the negative terminal are electrically insulated from the cap plate as they extend through the cap plate (US'554 discloses that in the region of the lid 14, a negative pole 16 is arranged and connected via an insulated diverter 28 into the internal volume of the housing, and the metallic cell housing 12 itself connects to the cathode to form a positive pole, with the terminal feedthrough pathways structurally established and insulated via gaskets to provide isolated opposite pole connections to the electrode winding 20) (US'554 [0024]; no supporting paragraph found in US'554 for an insulated diverter 28, terminal feedthrough pathways structurally established and insulated via gaskets, or both positive and negative terminals extending through lid 14 into the internal volume).
However, US'554 does not explicitly disclose routing or integrating these insulated positive and negative terminal connections within a cap plate structure that natively houses a recessed, aperture-mounted capacitive sensor configuration as established in the combination with WO'092 (US'554 [0024]–[0028], [0030]).
WO'092 discloses an electrochemical cell assembly containing current conductors (current collectors) extending through terminal ports of a casing or sheath element (3) to connect internal electrode layers to external circuits. WO'092 teaches that these electrical conductors are properly isolated from the cap plate body, and it details a layout where the terminal pathways coexist on the sheath element alongside a dedicated breakthrough aperture (6) configured with a stepped shoulder (17) for pressure management (WO'092 Pgs. 2, 5, 7; no supporting page found in WO'092 for current conductors extending through terminal ports of sheath element 3, for electrical conductors being isolated from a cap plate body, or for terminal pathways coexisting on sheath element 3 alongside breakthrough aperture 6).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to combine the insulated terminal feedthrough strategy of US'554 with the cap-integrated, recessed sensor architecture taught by WO'092. A person of ordinary skill in the art would be motivated to arrange these elements on a single cap plate body to achieve a compact, highly integrated battery cap assembly that simultaneously facilitates safe, short-circuit-protected electrical terminal feedthroughs alongside a protected, recessed capacitive sensor pathway for internal pressure diagnostics (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7).
As to Claim 26:
US'554 discloses the cap plate of claim 9 (see the rejection of claim 9) (US'554 [0024]–[0028], [0030]); wherein the cap plate is configured to be hermetically sealed to a metal can of the battery cell so as to seal gases within the metal can (US'554 discloses that the metallic cell housing 12 acts as a metal can and that the interior 14 is sealed by the lid 14 in a "gas-tight and liquid-tight" manner to isolate the active materials and prevent the escape of gases or electrolytes from the interior to the surroundings) (US'554 [0015]–[0016], [0024]).
As to Claim 27:
US'554 discloses the cap plate of claim 26 (see the rejection of claim 26) (US'554 [0024]–[0028], [0030]); wherein the cap plate is sealed to the metal can by a seal disposed between the cap plate and the metal can (US'554 discloses that the metallic cell housing 12 is closed by a lid 14, and that the lid 14 and housing 12 are connected to form a hermetic, gas-tight, and liquid-tight closure, with the reference further specifying that bonding or sealing techniques—such as adhesion or hermetic joining—are utilized during the manufacturing process to join the lid to the housing to ensure the integrity of the cell interior) (US'554 [0024], [0030]).
As to Claim 28:
US'554 discloses a battery cell (lithium-ion battery cell 10) comprising a metal can defining an internal volume (a metallic cell housing 12 having an interior 14); a cap plate (a lid 14 covering the upper side of the metallic cell housing 12) hermetically sealed to the metal can (providing a gas- and liquid-impermeable barrier); and a capacitive pressure sensor (a pressure-sensitive film sensor 30 in the form of a capacitive pressure sensor).
However, US'554 does not explicitly disclose the capacitive pressure sensor being integrated into the cap plate, but rather positions the sensor in contact with the internal electrode winding 20.
WO'092 discloses an electrochemical cell comprising an electrode stack sealed within a sheath (casing/envelope 2) and at least one pressure relief device comprising a rupture diaphragm (5) which closes an aperture (6) in the sheath. WO'092 teaches that the aperture (6) is formed as a breakthrough in the sheath, which includes a shoulder (17) or recessed area for receiving the rupture diaphragm. It would be a matter of design optimization to integrate a sensor—such as the capacitive film sensor of US'554—directly into the cap structure of the cell housing as taught by WO'092 to improve assembly, protection, and monitoring capabilities.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to integrate the capacitive pressure sensor of US'554 into the cap plate of the battery cell housing as taught by the aperture-sealing architecture of WO'092, in order to provide a securely mounted, hermetically shielded sensor assembly that monitors internal pressure-induced swelling while maintaining the mechanical integrity of the cell housing.
As to Claim 29:
US'554 discloses the battery cell of claim 28 (see the rejection of claim 28) (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7); wherein the compressible dielectric is configured to vary a distance between the first capacitive surface and the second capacitive surface in response to changes of the internal pressure of the battery cell (US'554 discloses that changing the distance of the two capacitive electrodes causes the capacitance to change, which is then used to infer the prevailing pressure within the battery cell 10 as a result of the swelling/expansion of the electrode winding 20) (US'554 [0028]). However, while US'554 describes the capacitance change resulting from electrode swelling, it does not specifically frame the sensor integration and structural distance-variation as a function of cap-plate-mounted pressure sensitivity as claimed (US'554 [0025], [0028]). WO'092 discloses an electrochemical cell with an integrated pressure-relief device, including a rupture diaphragm (5) that responds to internal overpressure situations within the battery cell casing. WO'092 further teaches the mechanical deformation and structural movement of housing elements (such as membranes or foils) in response to internal pressure gradients (WO'092 Pgs. 1–2, 5–7). It would be a matter of routine engineering to apply the distance-varying capacitive measurement principles taught in US'554 to the structural pressure-monitoring cap-plate assembly taught in WO'092 (US'554 [0027]–[0028], [0030]; WO'092 Pgs. 4–7).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the distance-varying capacitive sensor of US'554 into the cap-plate pressure monitoring architecture taught by WO'092, thereby providing a robust, cap-integrated means for measuring internal cell pressure-induced swelling while maintaining the hermetic seal of the battery cell (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7).
As to Claim 30:
US'554 discloses the battery cell of claim 28 (see the rejection of claim 28) (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7);
wherein the compressible dielectric comprises a foam, plastic, encapsulated gas, or encapsulated fluid (US'554 discloses that the compressible dielectric layer consists of an elastically recoverable deformable material, specifically naming polyimide, which is a plastic material) (US'554 [0028]).
As to Claim 31:
US'554 discloses the battery cell of claim 28 (see the rejection of claim 28) (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7);
wherein the compressible dielectric is received in a recess formed in the cap plate, and wherein the cap plate further includes a cap positioned over the recess, the cap having an opening configured to permit the internal pressure of the battery cell to be applied to the compressible dielectric (US'554 discloses a capacitive sensor film with a compressible polyimide dielectric that is sensitive to internal pressure, though it positions the sensor in contact with the internal electrode winding 20) (US'554 [0025], [0028], [0030]).
As to Claim 32:
US'554 discloses the battery cell of claim 28 (see the rejection of claim 28), which includes a cap plate and a capacitive pressure sensor (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7);
wherein the compressible dielectric is received in a recess formed in the cap plate, and wherein the cap plate further includes a cap positioned over the recess, the cap having an opening configured to permit the internal pressure of the battery cell to be applied to the compressible dielectric (see the rejection of claim 31 for the combination of US'554 with WO'092 regarding the recess and cap assembly) (US'554 [0025], [0028], [0030]; WO'092 Pgs. 2, 4–7);
wherein the cap includes a sealing material disposed between the cap and the cap plate such that the cap seals the recess while allowing the internal pressure of the battery cell to act on the compressible dielectric (US'554 describes the sensor's dielectric as an elastically deformable material, such as polyimide, and US'554 generally contemplates sealing the cell housing to maintain structural integrity) (US'554 [0015]–[0016], [0024], [0028]).
However, US'554 does not explicitly describe the use of a distinct sealing material (such as a gasket or washer) specifically disposed between the cap and the cap plate body to seal the recess while allowing internal pressure to communicate with the dielectric (US'554 [0024]–[0028]).
WO'092 discloses a pressure relief assembly where a retaining element or "holding part" (9) is secured over an aperture (6) within a sheath or cap element. WO'092 explicitly teaches the use of a separate sealing member or "sealant" (10), specifically described as a polymer seal—such as a disc-shaped or ring-shaped gasket—disposed between the holding part and the shoulder of the aperture. This sealing material ensures the recess is fluid-tight relative to the exterior, while the internal opening in the holding part allows the internal pressure of the electrochemical cell to act directly upon the underlying sensor or rupture components (WO'092 Pgs. 4, 6, 9; no supporting page found in WO'092 for sealant 10 being disposed between holding part 9 and shoulder 17; WO'092 discloses sealing washer 10 between bursting film 5 and shoulder/paragraph 17; no supporting page found for holding part 9 having an internal opening or for underlying sensor components).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to provide the battery cell assembly of US'554 with the specific sealing material arrangement taught by WO'092, namely by placing a polymer seal between the retaining cap and the cap plate body. This modification would be obvious to provide a reliable, hermetic seal around the sensor recess that prevents leakage to the ambient environment while maintaining the necessary sensitivity of the capacitive pressure sensor to internal cell pressure changes (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 2, 4, 6–7, 9).
As to Claim 33:
US'554 discloses the cap plate of claim 28 (see the rejection of claim 28) (US'554 [0024]–[0028], [0030]); wherein the cap plate is coupled to a metal can of the battery cell (US'554 discloses a battery cell 10 having a metallic cell housing 12, which acts as a metal can, covered by a lid 14 that functions as a cap plate) (US'554 [0024]); wherein the battery cell includes a positive terminal and a negative terminal extending through the cap plate and into an internal volume of the metal can, wherein the positive terminal and the negative terminal are electrically insulated from the cap plate as they extend through the cap plate (US'554 discloses that in the region of the lid 14, a negative pole 16 is arranged and connected via an insulated diverter 28 into the internal volume of the housing, and the metallic cell housing 12 itself connects to the cathode to form a positive pole, with the terminal feedthrough pathways structurally established and insulated via gaskets to provide isolated opposite pole connections to the electrode winding 20) (US'554 [0024]; no supporting paragraph found in US'554 for an insulated diverter 28, terminal feedthrough pathways structurally established and insulated via gaskets, or both positive and negative terminals extending through lid 14 into the internal volume).
However, US'554 does not explicitly disclose routing or integrating these insulated positive and negative terminal connections within a cap plate structure that natively houses a recessed, aperture-mounted capacitive sensor configuration as established in the combination with WO'092 (US'554 [0024]–[0028], [0030]).
WO'092 discloses an electrochemical cell assembly containing current conductors (current collectors) extending through terminal ports of a casing or sheath element (3) to connect internal electrode layers to external circuits. WO'092 teaches that these electrical conductors are properly isolated from the cap plate body, and it details a layout where the terminal pathways coexist on the sheath element alongside a dedicated breakthrough aperture (6) configured with a stepped shoulder (17) for pressure management (WO'092 Pgs. 2, 5, 7; no supporting page found in WO'092 for current conductors extending through terminal ports of sheath element 3, for electrical conductors being isolated from a cap plate body, or for terminal pathways coexisting on sheath element 3 alongside breakthrough aperture 6).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to combine the insulated terminal feedthrough strategy of US'554 with the cap-integrated, recessed sensor architecture taught by WO'092. A person of ordinary skill in the art would be motivated to arrange these elements on a single cap plate body to achieve a compact, highly integrated battery cap assembly that simultaneously facilitates safe, short-circuit-protected electrical terminal feedthroughs alongside a protected, recessed capacitive sensor pathway for internal pressure diagnostics (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7).
As to Claim 34:
US'554 discloses the battery cell of claim 28 (see the rejection of claim 28) (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7);
wherein the cap plate is hermetically sealed to the metal can so as to seal gases within the metal can (US'554 discloses that the metallic cell housing 12 is closed by a lid 14, and that the lid 14 is "gas-tight and liquid-tight" to isolate the active materials and prevent the escape of gases or electrolytes from the interior to the surroundings, as the metallic cell housing 12 and lid 14 form a hermetically sealed cavity for the battery cell) (US'554 [0024]; no supporting paragraph found in US'554 for lid 14 being “gas-tight and liquid-tight” or for lid 14 forming a hermetically sealed cavity with metallic cell housing 12).
As to Claim 35:
US'554 discloses the battery cell of claim 34 (see the rejection of claim 34) (US'554 [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 5–7);
wherein the cap plate is sealed to the metal can by a seal disposed between the cap plate and the metal can (US'554 discloses that the lid 14 and the metallic cell housing 12 are connected to form a hermetic, gas-tight, and liquid-tight closure, with the reference specifying that customary sealing methods, such as laminating, gluing, or hermetic joining, are utilized during the cell assembly to join the lid to the housing) (US'554 [0024]; no supporting paragraph found in US'554 for lid 14 and metallic cell housing 12 being connected by a defined seal disposed therebetween, or for customary sealing methods, laminating, gluing, or hermetic joining being used to join lid 14 to metallic cell housing 12).
As to Claim 36:
US'554 discloses a battery module comprising a plurality of battery cells (US'554 discloses an energy storage system comprising a plurality of lithium-ion battery cells 10, often arranged in modules or packs) (US'554 [0004], [0018], [0024]), at least one battery cell from among the plurality of battery cells comprising: a metal can defining an internal volume (US'554 teaches a metallic cell housing 12 having an interior 14) (US'554 [0024]; WO'092 Pgs. 5–7); a cap plate hermetically sealed to the metal can (US'554 teaches that the metallic cell housing 12 is closed off by a lid 14, providing a gas- and liquid-impermeable barrier) (US'554 [0024]; no supporting paragraph found in US'554 for lid 14 providing a gas- and liquid-impermeable barrier; WO'092 Pgs. 1–2, 5–7); and a capacitive pressure sensor integrated into the cap plate, the capacitive pressure sensor comprising a first capacitive surface, a second capacitive surface, and a compressible dielectric disposed between the first capacitive surface and the second capacitive surface (US'554 discloses a pressure-sensitive film sensor 30 in the form of a capacitive pressure sensor comprising a first metallization surface, a second parallel metallization surface, and a compressible polyimide dielectric layer) (US'554 [0025], [0028]).
However, US'554 primarily teaches the integration of the capacitive pressure sensor onto the internal electrode winding of the battery cell rather than integrating the sensor specifically into the cap plate body itself in a recessed configuration (US'554 [0025], [0028]).
WO'092 discloses an electrochemical cell assembly featuring a pressure-relief device integrated directly into the cap/sheath assembly of the cell. Specifically, WO'092 teaches that the sheath or cap includes a breakthrough aperture (6) configured with a stepped shoulder (17) that forms a receiving recess for internal sensor or relief components. WO'092 further teaches the placement of such devices within the cap region to isolate them from the internal winding while maintaining fluid communication with the internal volume (WO'092 Pgs. 1–2, 5–7; no supporting page found in WO'092 for “internal sensor” components seated in the stepped shoulder; WO'092 discloses rupture disk 5/pressure relief device 4 at opening 6/shoulder 17; no supporting page found for isolating such devices from the internal winding).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to integrate the capacitive pressure sensor of US'554 into the cap plate recess of the battery cell housing as taught by the aperture-sealing architecture of WO'092, in order to provide a securely mounted, hermetically shielded sensor assembly that monitors internal pressure-induced swelling while maintaining the mechanical integrity of the battery module cells (US'554 [0026]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7).
As to Claim 37:
US'554 discloses the battery module of claim 36 (see the rejection of claim 36) (US'554 [0004], [0018], [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7);
wherein the compressible dielectric is configured to vary a distance between the first capacitive surface and the second capacitive surface in response to changes of the internal pressure of the battery cell (US'554 explicitly discloses that the capacitive pressure sensor functions by changing the distance between the two electrodes, stating: "changing the distance between the two electrodes causes the capacitance to change also, and on the basis of this variable it is possible to infer the prevailing pressure within the battery cell 10") (US'554 [0028]).
As to Claim 38:
US'554 discloses the battery module of claim 36 (see the rejection of claim 36) (US'554 [0004], [0018], [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7);
wherein the compressible dielectric comprises a foam, plastic, encapsulated gas, or encapsulated fluid (US'554 explicitly teaches that the elastically recoverable deformable material serving as the intermediate dielectric is composed of polymers, specifically citing polyimide as a suitable material for the dielectric layer) (US'554 [0028]).
As to Claim 39:
US'554 discloses the battery module of claim 36 (see the rejection of claim 36) (US'554 [0004], [0018], [0024]–[0028], [0030]; WO'092 Pgs. 1–2, 4–7);
wherein the compressible dielectric is received in a recess formed in the cap plate, and wherein the cap plate further includes a cap positioned over the recess, the cap having an opening configured to permit the internal pressure of the battery cell to be applied to the compressible dielectric (US'554 discloses a capacitive sensor film with a compressible polyimide dielectric that is sensitive to internal pressure, though it positions the sensor in contact with the internal electrode winding rather than a cap-plate recess) (US'554 [0025], [0028], [0030]).
Response to Arguments
Applicant’s arguments with respect to claims 9 and 21-39 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/Primary Examiner, Art Unit 1723
Prosecution Insights