CTNF 18/454,114 CTNF 76027 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. The pending claims are claims 1-20. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masaki et al., US 20180053923 . Regarding claim 1, Masaki et al., teaches a battery system (0069-0070; 0090) comprising: a first battery cell (0006; 0026; 0069-0070) comprising: a first cell enclosure disposed about a first cell interior (0016; 0029); and at least one first multi-layer stack that is disposed in the first cell interior (0019-0025) and that comprises a first hydrogen-permeable membrane in fluid communication with the first cell interior (0019; 0022; 0033; 0070) and configured to selectively allow any hydrogen produced in the first battery cell to pass from the first cell interior through the first hydrogen-permeable membrane to outside of the first battery cell (0019; 0067; 0087) while substantially preventing other fluids from passing through the first hydrogen-permeable membrane (0029). Masaki does not teach a first cathode, a first anode and a first separator disposed between the first anode and the first cathode. However, Masaki teaches a “lithium ion battery” (0069), and one of ordinary skill in the art knows that the battery is composed of the cathode, anode, and separator. Regarding claim 2, Masaki et al., teaches further comprising a first hydrogen sensor (0001; 0090) in fluid communication with the first hydrogen-permeable membrane (0021-0022) and configured to detect a presence of hydrogen that has passed through the first hydrogen-permeable membrane (0029) and that is proximate the first hydrogen sensor (0001; 0090). Regarding claim 3, Masaki et al., does not teach wherein the first hydrogen sensor is configured to detect the presence of hydrogen in an amount of from about 1 ppm to about 1000 ppm or greater. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 4, Masaki et al., teaches further comprising a first battery module (battery pack; 0006) comprising a first plurality of battery cells including the first battery cell (0006; 0026; 0069-0070); and that comprises a first hydrogen-permeable membrane in fluid communication with the first cell interior (0019; 0022; 0033; 0070) and configured to selectively allow any hydrogen produced in the first battery cell to pass from the first cell interior through the first hydrogen-permeable membrane to outside of the first battery cell (0019; 0067; 0087) while substantially preventing other fluids from passing through the first hydrogen-permeable membrane (0029). Masaki does not teach a second battery cell, wherein the second battery cell comprises: a second cell enclosure defining and disposed about a second cell interior; and at least one second multi-layer stack that is disposed in the second cell interior and that comprises a second cathode, a second anode and a second separator disposed between the second anode and the second cathode; and a second hydrogen-permeable membrane in fluid communication with the second cell interior and configured to selectively allow any hydrogen produced in the second battery cell to pass from the second cell interior through the second hydrogen-permeable membrane to outside of the second battery cell while substantially preventing other fluids from passing through the second hydrogen-permeable membrane. Although Masaki only teaches a “first” but does not teach a “second” of the structures, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). Regarding claim 5, Masaki et al., teaches wherein the first hydrogen sensor (0001; 0090) is in fluid communication with the hydrogen-permeable membrane (0019-0022); is configured to detect the presence of hydrogen that has passed through the hydrogen permeable membrane, and is proximate the first hydrogen sensor; (0019; 0067; 0087). Masaki does not teach a second hydrogen-permeable membrane, is configured to detect the presence of hydrogen that has passed through the second hydrogen-permeable membrane, and is proximate the first hydrogen sensor. Although Masaki only teaches a “first” but does not teach a “second” of the structures, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). Regarding claim 6, Masaki et al., teaches further comprising a cell management unit (a safety valve for an electrochemical element, wherein the valve is provided with the hydrogen-releasing film, and to provide an electrochemical element having the safety valve) (0014), in communication with the first hydrogen sensor (0001; 0090) and operative to determine a concentration of hydrogen (0059; 0077). Masaki does not teach a rate of change of the concentration of hydrogen with respect to time in response to the presence of hydrogen detected by the first hydrogen sensor and to compare the concentration and/or the rate of change to a corresponding predetermined threshold concentration value and/or a corresponding predetermined threshold rate of change value. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 7, Masaki et al., does not teach wherein the cell management unit is operative to direct a control action in response to the concentration and/or the rate of change exceeding the corresponding predetermined threshold concentration value and/or the corresponding predetermined threshold rate of change value, wherein the control action includes transmitting a warning notification to a receiving device. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 8, Masaki et al., teaches wherein the receiving device includes a battery management system (“it is another object of the present invention to provide a safety valve for an electrochemical element, wherein the valve is provided with the hydrogen-releasing film, and to provide an electrochemical element having the safety valve. ” (0014). Regarding claim 9, Masaki et al., does not teach further comprising a battery pack comprising a plurality of battery modules including the first battery module and a second battery module, wherein the second battery module comprises a second plurality of battery cells including a third battery cell and a fourth battery cell, wherein the third battery cell comprises: a third cell enclosure defining and disposed about a third cell interior; and at least one third multi-layer stack that is disposed in the third cell interior and that comprises a third cathode, a third anode and a third separator disposed between the third anode and the third cathode; and a third hydrogen-permeable membrane in fluid communication with the third cell interior and configured to selectively allow any hydrogen produced in the third battery cell to pass from the third cell interior through the third hydrogen-permeable membrane to outside of the third battery cell while substantially preventing other fluids from passing through the third hydrogen-permeable membrane, and wherein the fourth battery cell comprises: a fourth cell enclosure defining and disposed about a fourth cell interior; and at least one fourth multi-layer stack that is disposed in the fourth cell interior and that comprises a fourth cathode, a fourth anode and a fourth separator disposed between the fourth anode and the fourth cathode; and a fourth hydrogen-permeable membrane in fluid communication with the fourth cell interior and configured to selectively allow any hydrogen produced in the fourth battery cell to pass from the fourth cell interior through the fourth hydrogen-permeable membrane to outside of the fourth battery cell while substantially preventing other fluids from passing through the fourth hydrogen-permeable membrane. Although Masaki only teaches a “first” but does not teach a “second” or “third” or “fourth” of the structures, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). Regarding claim 10, Masaki et al., does not teach wherein the first hydrogen sensor is in fluid communication with the second hydrogen-permeable membrane, the third hydrogen-permeable membrane, and the fourth hydrogen-permeable membrane and is configured to detect the presence of hydrogen that has passed through the second hydrogen-permeable membrane, the third hydrogen-permeable membrane, the fourth hydrogen-permeable membrane, or a combination thereof and that is proximate the first hydrogen sensor. Although Masaki only teaches a “first” but does not teach a “second” or “third” or “fourth”, of the structures, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). Regarding claim 11, Masaki et al., does not teach further comprising a battery management system in communication with the first hydrogen sensor and operative to determine a concentration of hydrogen and/or a rate of change of the concentration of hydrogen with respect to time in response to the presence of hydrogen detected by the first hydrogen sensor and to compare the concentration and/or the rate of change to a corresponding predetermined threshold concentration value and/or a corresponding predetermined threshold rate of change value. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 12, Masaki et al., does not teach wherein the battery management system is operative to direct a control action in response to the concentration and/or the rate of change exceeding the corresponding predetermined threshold concentration value and/or a corresponding predetermined threshold rate of change value, wherein the control action includes transmitting a warning notification to a receiving device. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 13, Masaki et al., teaches wherein the battery system is operably disposed in a vehicle (automobile; 0006). Regarding claim 14, Masaki et al., does not teach wherein the hydrogen-permeable membrane has a hydrogen selectivity value of at least 99.0%. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 15, Masaki et al., teaches wherein the hydrogen-permeable membrane is chosen from a dense metal (0015-0020). Regarding claim 16, Masaki et al., teaches wherein the dense metal comprises palladium (0022-0024; 0033-0035). Regarding claim 17, Masaki et al., teaches wherein the first battery cell is chosen from a pouch cell, a prismatic cell, or a cylindrical cell (0068; “any shape can be taken depending on the application”). Regarding claim 18, Masaki et al., teaches a battery system/battery pack (0001; 0006; 0070) comprising: a battery module comprising a cell management unit (0025-0026), a hydrogen sensor (0001) in communication with the cell management unit (0090), and a plurality of battery cells (0006), each of the battery cells comprising: a cell enclosure disposed about a cell interior (0016; 0029; 0070) and at least one multi-layer stack (metal layer and coat layer or another layer interposed therebetween) (0019) that is disposed in the cell interior (0019); and a corresponding hydrogen-permeable membrane (0019-0022) in fluid communication with the cell interior (0029; 0070) and configured to selectively allow any hydrogen produced in the corresponding battery cell to pass from the cell interior through the corresponding hydrogen-permeable membrane (0014-0029) to outside of the corresponding battery cell (0029; 0070) while substantially preventing other fluids from passing through the corresponding hydrogen-permeable membrane (0029); and wherein the hydrogen sensor (0001; 0090) is in fluid communication with the hydrogen-permeable membrane of each of the battery cells (0019-0022; 0087) and is configured to detect a presence of hydrogen that has passed through the hydrogen-permeable membrane and that is proximate the hydrogen sensor (0019-0022), wherein the cell management unit is operative to determine a concentration of hydrogen (0077; 0088). Masaki does not teach a rate of change of the concentration of hydrogen with respect to time in response to the presence of hydrogen detected by the hydrogen sensor and to compare the concentration and/or the rate of change to a corresponding predetermined threshold concentration value and/or a corresponding predetermined threshold rate of change value. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 19, Masaki et al., teaches a battery system (0001; 0006; 0070) comprising: a battery pack (0001; 0006; 0070) comprising a battery management system (“safety valve for an electrochemical element, wherein the valve is provided with the hydrogen-releasing film” (0014) and a plurality of battery modules (0001; 0006; 0070), each battery module comprising a hydrogen sensor (0001; 0090) and a plurality of battery cells (0001; 0006; 0070), each of the battery cells comprising: a cell enclosure defining and disposed about a cell interior (0029; 0070); and at least one multi-layer stack that is disposed in the cell interior (0019-0025); and a corresponding hydrogen-permeable membrane in fluid communication with the cell interior (0019-0022); and configured to selectively allow any hydrogen produced in the corresponding battery cell to pass from the cell interior through the corresponding hydrogen-permeable membrane to outside of the corresponding battery cell (0019-0022); while substantially preventing other fluids from passing through the corresponding hydrogen-permeable membrane (0029); and wherein the hydrogen sensor (0001; 0090) is in fluid communication with the hydrogen-permeable membrane of each of the battery cells (0019-0022; 0087); and is configured to detect a presence of hydrogen that has passed through the hydrogen-permeable membrane of each battery cell (0019-0022; 0087), and that is proximate the hydrogen sensor (0001; 0090) wherein the hydrogen sensor is in communication with the battery management system (“safety valve for an electrochemical element, wherein the valve is provided with the hydrogen-releasing film” (0014)). Masaki does not teach wherein the battery management system is operative to determine for each module a concentration of hydrogen and/or a rate of change of the concentration of hydrogen with respect to time in response to the presence of hydrogen detected by the corresponding hydrogen sensor and to compare the concentration and/or the rate of change to a corresponding predetermined threshold concentration value and/or a corresponding predetermined threshold rate of change value. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 20, Masaki et al., teaches wherein the battery system is operably disposed in a vehicle (automobile; 0006) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hobmeyr, US 7709125 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm. 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, Barbara Gilliam can be reached at 571-272-1330. 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. ANGELA J. MARTIN Examiner Art Unit 1727 /ANGELA J MARTIN/Examiner, Art Unit 1727 Application/Control Number: 18/454,114 Page 2 Art Unit: 1727 Application/Control Number: 18/454,114 Page 3 Art Unit: 1727 Application/Control Number: 18/454,114 Page 4 Art Unit: 1727 Application/Control Number: 18/454,114 Page 5 Art Unit: 1727 Application/Control Number: 18/454,114 Page 6 Art Unit: 1727 Application/Control Number: 18/454,114 Page 7 Art Unit: 1727 Application/Control Number: 18/454,114 Page 8 Art Unit: 1727 Application/Control Number: 18/454,114 Page 9 Art Unit: 1727
