0DETAILED 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 Arguments
Applicant's arguments filed on 06/16/2026 have been fully considered but they are not persuasive.
PNG
media_image1.png
309
361
media_image1.png
Greyscale
PNG
media_image2.png
268
314
media_image2.png
Greyscale
The applicant argues on page 11 “The conductive member 18 is not a member that receives heat transferred from an electrode assembly inside the battery 1”, the examiner notes that claim 1 recites “…a conductive member including a first end portion attached to the electrode assembly and a second end portion exposed to an outside of the battery cell, the conductive member conducting heat from the first end portion to the second end portion…” the language of the claim “attached” and “exposed” allow for intervening layers in the broadest reasonable interpretation.
In figures 1 and 3 of Bailey it can be seen that the conductive circuit 18 is both “attached” to the electrode assembly inside the can through intervening layers and “exposed” to the outside of the battery cell through intervening layers. The conductive circuit 18 is conventionally a silver conductive ink (Bailey, col. 4, lines 62 – 63) and such a material is inherently heat conductive so therefore the conductive circuit 18 can conduct heat from any two regions of itself.
The applicant also argues on page 11 “The conductive circuit 18 of Bailey is not directly attached to the electrode assembly”, the examiner notes this is true but reminds the applicant that the claimed language is “…a first end portion attached to the electrode assembly…”. Such language allows for intervening layers in the broadest reasonable interpretation and as shown above in figures 1 and 3 of Bailey holds true.
The applicant lastly argues on page 11 “...the thermochromic layer 24 of Bailey is disposed on the battery label in correspondence with a region where the conductive circuit 18 generates heat, and is not attached to an externally exposed end portion of a conductive member” the examiner points to the claimed language “… a thermochromic member thermally connected to the housing and attached on a second end portion of the conductive member.” and notes as shown above in figures 1 and 3 of Bailey that the thermochromic layer 24 can be attached to any portion of the conductive circuit 18 through intervening layers which the broadest reasonable interpretation allows.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um (US 20060008699 A1) in view of Bailey (US 5760588 A).
Regarding claim 1, Um teaches all of the following elements:
A battery cell comprising: (“A secondary battery comprising a heat-sensitive indicator on the outer surface of the battery is disclosed.” Um, Abstract)
an electrode assembly; (“A lithium secondary battery generally comprises an electrode assembly comprising a cathode, an anode and a separator positioned between the cathode and anode.” Um, [0005])
a housing including a case accommodating the electrode assembly and a cap assembly covering the case; (“The secondary battery may comprise any suitable case for housing an electrode assembly.” Um, [0021], and “The wound electrode assembly is then inserted into a can which generally comprises aluminum or an aluminum alloy. The can is then closed with a cap assembly, and an electrolyte is injected into the case.” Um, [0005])
a thermochromic member thermally connected to the housing and attached on the second end portion of the conductive member,
wherein the thermochromic member includes a thermochromic region configured to change color based on temperature (“More particularly, the present invention relates to a lithium secondary battery comprising a heat-sensitive indicator which changes color in response to changes in battery temperature.” Um, [0002])
Um does not teach the following elements:
a conductive member including a first end portion attached to the electrode assembly and a second end portion exposed to an outside of the battery cell, the conductive member conducting heat from the first end portion to the second end portion
a thermochromic member thermally connected to the housing and attached on the second end portion of the conductive member.
Bailey teaches a conductive member serving as a bridge between terminals and having thermochromic properties (Bailey, “Thermochromic battery testers typically include a conductive element that is selectively connected between opposite terminals of the battery”, Background).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to take the thermochromic battery tester of Bailey and use it with the battery cell of Um to better determine the condition of the battery cell.
Regarding claim 4, modified Um teaches all of the elements of claim 1, as shown above. Modified Um additionally teaches all of the following elements of claim 4:
The battery cell of claim 1, wherein the thermochromic member covers at least a portion of a side surface of the case. (Fig. 2, 110, shown below)
PNG
media_image3.png
413
457
media_image3.png
Greyscale
Regarding claim 5, modified Um teaches all of the elements of claim 1, as shown above. Modified Um additionally teaches all of the following elements of claim 5:
The battery of claim 1, wherein the thermochromic member includes a first thermochromic region and a second thermochromic region spaced apart from the first thermochromic region. (Fig. 4, 408, shown below)
PNG
media_image4.png
536
472
media_image4.png
Greyscale
Regarding claim 6, modified Um teaches all of the elements of claim 5, as shown above. Modified Um additionally teaches all of the following elements of claim 6:
The battery cell of claim of claim 5, wherein the first thermochromic region is configured to change color at a first activation temperature, and the second thermochromic region is configured to change color at a second activation temperature, lower than the first activation temperature. (“Alternatively, the heat-sensitive indicator may comprise several color changing regions, each color changing region changing color at separate temperatures.” Um, [0029])
Regarding claim 7, modified Um teaches all of the elements of claim 6, as shown above. Modified Um additionally teaches all of the following elements of claim 7:
The battery cell of claim 6, wherein the first thermochromic region is closer to the cap assembly than the second thermochromic region. (Fig. 4, 408, as shown above)
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um (US 20060008699 A1) in view of Bailey (US 5760588 A) as applied to claim 1 above, and further in view of Pozin et al. (US 20150372317 A1, hereinafter Pozin).
Regarding claim 2, modified Um teaches all of the elements of claim 1, as shown above. Modified Um additionally teaches all of the following elements of claim 2:
The battery cell of claim 1, further comprising:
Modified Um is silent on the following elements of claim 2:
wherein the cap assembly includes a venting portion for discharging gas generated in the electrode assembly to the outside of the battery cell
and the thermochromic member covers at least a portion of the venting portion
Pozin teaches however, a vent cap assembly for a battery (Pozin, “The end cap 24 may also include one or more apertures, such as holes, for venting any gas pressure that may build up under the end cap 24 during a gassing event within the battery 10, for example, during deep discharge or reversal of the battery 10 within a device, that may lead to rupturing of the vent”, [0017]). Modified Um teaches that the heat-sensitive indicator may be mounted on the outer-surface of the battery or be wrapped around the entire outer surface of the battery (Um, [0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective Modified filling date of the invention to combine the vent of Pozin and the thermochromic region of Um to allow for gas to safely be released from the battery and for operators to tell when such event occurs.
Regarding claim 3, Modified Um teaches all of the elements of claim 2, as shown above. Modified Um additionally teaches all of the following elements of claim 3:
The battery cell of claim 2, wherein the thermochromic member includes a display region coated with a thermochromic dye in a designated shape or letter shape. (Um, “The color changing region 533 may take any desired pattern, for example letters, figures, numbers, marks, and the like”, [0034])
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um (US 20060008699 A1) in view of Bailey (US 5760588 A) as applied to claim 1 above, and further in view of Hughen et al. (CZ 92997 A3, hereinafter Hughen).
Regarding Claim 11, Modified Um teaches all of the elements of claim 1, as shown above. Modified Um is silent however on the following elements of claim 11:
The battery cell of claim 1, wherein the conductive member includes a conductive foil connecting the first end portion to the second end portion and a heat dissipation member at least partially attached to the conductive foil.
Hughen teaches a thermochromic tester which is a foil with thermochromic material deposited on it. (Hughen, “This type of tester usually contains an electrically conductive heat-resistant foil coating on one side and a thermochromatic coating on the other.”, Top Pg. 2)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to use the thermochromic tester of Hughen with the battery cell of Modified Um to improve the heat conduction of the thermochromic member.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um (US 20060008699 A1) in view of Bailey (US 5760588 A) as applied to claim 1 above, and further in view of Choi et al. (KR 20190061442 A, hereinafter Choi).
Regarding Claim 12, Modified Um teaches all of the elements of claim 1, as shown above. Modified Um is silent however on the following elements of claim 12:
The battery cell of claim 1, wherein the thermochromic member includes a base, at least one thermochromic region attached to the base, and an adhesive tape covering the at least one thermochromic region.
Choi teaches a thermochromic tape attached to the outer surface of a battery case, if the battery case would be comprised of a thermochromic region as is the case in modified Um, then the tape itself would be covering the thermochromic region. Modified Um also teaches a base, taken to mean a flat surface which the battery might rest on.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to use the tape from Choi with the battery cell of modified Um to cover the thermochromic region and seal the battery.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um (US 20060008699 A1) in view of Bailey (US 5760588 A) as applied to claim 1 above, and further in view of Choi et al. (KR 20190061442 A, hereinafter Choi) as applied to claim 12 above and further in view of Pozin et al. (US 20150372317 A1, hereinafter Pozin).
Regarding Claim 13, Modified Um teaches all of the elements of claim 12 as shown above. Modified Um is silent however on the following element of claim 13:
The battery cell of claim 12, wherein the cap assembly includes a venting portion for discharging gas generated in the electrode assembly to the outside of the battery cell,
at least a portion of the thermochromic member passes through the venting portion, and
the at least one thermochromic region is exposed to the outside of the cap assembly
Pozin teaches a vent for discharging gas as discussed above. Bailey teaches a thermochromic member passing from one terminal to the other. Inherently if there was a cap on either terminal and the thermochromic member from Bailey was used it would have to pass through the venting portion to reach the other terminal, and after passing through the venting portion it would be exposed to the outside of the cap assembly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to combine the battery cell of Um with the vent for discharging gas from Pozin and the thermochromic member from Bailey to better monitor the internal condition of the battery cell
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 JOSHUA P BISTANY-RIEBMAN whose telephone number is (571)272-9591. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA P BISTANY-RIEBMAN/ Examiner, Art Unit 1752
/NICHOLAS A SMITH/ Supervisory Primary Examiner, Art Unit 1752
Prosecution Insights