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
This action is responsive to correspondence filed May 8, 2026.
Claims 1-20 are currently pending. Claims 1, 7 and 15 have been amended. Entry of this amendment has been accepted and made of record.
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 1-3, 6-9 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herrema et al. (US 2017/0279167) (hereinafter Herrema).
Regarding claim 1, Herrema teaches a sensor comprising:
a probe (probe) (24) that is electrically conductive and thermally conductive and configured to be disposed in an electrically-conductive liquid (electrolyte liquid) (see Fig. 1-2 and paragraphs 0004, 0006-0009 and 0021);
a thermal coupler (head portion) (22) coupled to the probe (probe) (24) (see Figures 1-2 and paragraph 0021);
a temperature determination circuit (thermistor) (54) thermally coupled to the probe (probe) (24) and configured to output a signal indicative of a temperature of the probe (probe) (24) (see Figures 4-7 and paragraph 0028); and
a fluid detection circuit (electrodes) (44) electrically coupled to the thermal coupler (head portion) (22) and configured to output a signal indicative of a presence of the liquid on the probe (“includes a data/power cable 28”; see paragraph 0022) (see Figures 2-3 and paragraphs 0021-0023).
Regarding claim 2, Herrema further teaches comprising a printed circuit board (PCB) (circuit board) (60) (see Figures 6-7 and paragraph 0029), wherein the temperature determination circuit (thermistor) (54) and the fluid detection circuit (electrodes) (44) are on the PCB (circuit board) (60) (see Figures 5-7 and paragraphs 0028-0029).
Regarding claim 3, Herrema further teaches comprising an overmolded body , wherein the probe extends from the body, wherein the PCB is disposed within the body (“The circuit board 60 is typically overmolded or potted within the probe 24 of FIGS. 2-4 to protect the electrodes 44 from corrosion”; see paragraph 0029).
Regarding claim 6, Herrema further teaches the temperature detection circuit (thermistor) (54) is electrically isolated from the fluid detection circuit (Note: the thermistor is disposed in the circuit board (60) and the circuit board 60 is overmolded within the probe to electrically insulate electrodes 44 and thermistor 54) (see paragraphs 0029 and claim 7).
Regarding claim 7, Herrema teaches a battery comprising:
a battery cell (battery cell of a lead-acid battery) (100) comprising a cell body and a liquid electrolyte disposed in the cell body (see paragraphs 0020-0021), the cell body defining an aperture (opening) (18) (see Figures 1-3 and paragraphs 0021-0022);
a sensor comprising:
a probe (probe) (24) that is electrically conductive and thermally conductive, the probe extending through the aperture (opening) (18) and configured to be disposed in the liquid electrolyte (see Fig. 1-2 and paragraphs 0004, 0006-0009 and 0021-0022);
a thermal coupler (head portion) (22) coupled to the probe (probe) (24) (see Figures 1-2 and paragraph 0021);
a temperature determination circuit (thermistor) (54) thermally coupled to the probe (probe) (24) and configured to output a signal indicative of a temperature of the probe (probe) (24) (see Figures 4-7 and paragraph 0028); and
a fluid detection circuit (electrodes) (44) electrically coupled to the thermal coupler (head portion) (22) and configured to output a signal indicative of a presence of the liquid on the probe (“includes a data/power cable 28”; see paragraph 0022) (see Figures 2-3 and paragraphs 0021-0023).
Regarding claim 8, Herrema further teaches comprising a printed circuit board (PCB) (circuit board) (60) (see Figures 6-7 and paragraph 0029), wherein the temperature determination circuit (thermistor) (54) and the fluid detection circuit (electrodes) (44) are on the PCB (circuit board) (60) (see Figures 5-7 and paragraphs 0028-0029).
Regarding claim 9, Herrema further teaches the sensor further comprising an overmolded body , wherein the probe extends from the body, wherein the PCB is disposed within the body (“The circuit board 60 is typically overmolded or potted within the probe 24 of FIGS. 2-4 to protect the electrodes 44 from corrosion”; see paragraph 0029).
Regarding claim 12, Herrema further teaches the temperature detection circuit (thermistor) (54) is electrically isolated from the fluid detection circuit (Note: the thermistor is disposed in the circuit board (60) and the circuit board 60 is overmolded within the probe to electrically insulate electrodes 44 and thermistor 54) (see paragraphs 0029 and claim 7).
Regarding claim 13, Herrema further teaches wherein the sensor further comprises a gasket (gaskets) (30) configured to form a fluid-tight seal with the aperture (opening) (18) (see Figure 3 and paragraph 0022).
Regarding claim 14, Herrema further teaches the battery cell is a lead-acid cell (lead-acid battery) (100) (see paragraphs 0020-0021).
Regarding claim 15, Herrema teaches a battery system comprising:
a battery cell (battery cell of a lead-acid battery) (100) comprising a cell body and a liquid electrolyte disposed in the cell body (see paragraphs 0020-0021), the cell body defining an aperture (opening) (18) (see Figures 1-3 and paragraphs 0021-0022);
a sensor comprising:
a probe (probe) (24) that is electrically conductive and thermally conductive, the probe extending through the aperture (opening) (18) and configured to be disposed in the liquid electrolyte (see Fig. 1-2 and paragraphs 0004, 0006-0009 and 0021-0022);
a thermal coupler (head portion) (22) coupled to the probe (probe) (24) (see Figures 1-2 and paragraph 0021);
a temperature determination circuit (thermistor) (54) thermally coupled to the probe (probe) (24) and configured to output a signal indicative of a temperature of the probe (probe) (24) (see Figure 4-7 and paragraph 0028); and
a fluid detection circuit (electrodes) (44) electrically coupled to the thermal coupler (head portion) (22) and configured to output a signal indicative of a presence of the liquid on the probe (“includes a data/power cable 28”; see paragraph 0022) (see Figures 2-3 and paragraphs 0021-0023); and
an electronic battery monitor (controller) (42) in electronic communication with the fluid detection circuit (electrodes) (44) and with the temperature determination circuit (thermistor) (54) (see Figures 5-9 and paragraphs 0023 and 0028) and configured to:
determine a temperature of the probe (probe) (24) according to the output of the temperature detection circuit (thermistor) (54) (see paragraphs 0007, 0009 and 0028);
determine a presence of liquid on the probe according to the output of the fluid detection circuit (electrodes) (44) (see paragraphs 0005-0009 and 0023) ; and
output an alert when the battery monitor determines an absence of fluid on the probe (probe) (24) (see paragraphs 0005, 0023 and 0028).
Regarding claim 16, Herrema further teaches the electronic battery monitor (controller) (42) comprises a display configured to output the alert (“The user is then alerted to low liquid levels, optionally via LEDs in one embodiment or via an application program on a smartphone or tablet in other embodiments”; see paragraph 0023).
Regarding claim 17, Herrema further teaches the battery cell is a lead-acid cell (lead-acid battery) (100) (see paragraphs 0020-0021).
Regarding claim 18, Herrema further teaches comprising a printed circuit board (PCB) (circuit board) (60) (see Figures 6-7 and paragraph 0029), wherein the temperature determination circuit (thermistor) (54) and the fluid determination circuit (electrodes) (44) are on the PCB (circuit board) (60) (see Figures 5-7 and paragraphs 0028-0029).
Regarding claim 19, Herrema further teaches the sensor further comprising an overmolded body , wherein the probe extends from the body, wherein the PCB is disposed within the body (“The circuit board 60 is typically overmolded or potted within the probe 24 of FIGS. 2-4 to protect the electrodes 44 from corrosion”; see paragraph 0029).
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.
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.
Claims 4-5, 10-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Herrema in view of Moore et al. (US 2006/0022135) (hereinafter Moore).
Regarding claim 4, Herrema teaches all the limitations of claim 1.
However, Herrema does not explicitly teach the thermal coupler comprises a sleeve crimped to the probe.
Moore teaches the thermal coupler comprises a sleeve (collar) (210) crimped to the probe (probe) (110) (see paragraph 0045).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal coupler as taught by Herrema with a sleeve crimped to the probe as taught by Moore. One would be motivated to make this combination in order to securely fix the thermal coupler to the probe as known in the art.
Regarding claim 5, the prior combination teaches all the limitations of claim 4.
However, Herrema as modified by Moore does not explicitly teach the sleeve comprises copper.
Moore teaches the sleeve comprises copper (see paragraph 0045).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal coupler as taught by the prior combination with the sleeve comprising copper as taught by Moore. One would be motivated to make this combination in order to provide a sleeve with high thermal conductivity and high electrical conductivity as known in the art.
Regarding claim 10, Herrema teaches all the limitations of claim 7.
However, Herrema does not explicitly teach the thermal coupler comprises a sleeve crimped to the probe.
Moore teaches the thermal coupler comprises a sleeve (collar) (210) crimped to the probe (probe) (110) (see paragraph 0045).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal coupler as taught by Herrema with a sleeve crimped to the probe as taught by Moore. One would be motivated to make this combination in order to securely fix the thermal coupler to the probe as known in the art.
Regarding claim 11, the prior combination teaches all the limitations of claim 10.
However, Herrema as modified by Moore does not explicitly teach the sleeve comprises copper.
Moore teaches the sleeve comprises copper (see paragraph 0045).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal coupler as taught by the prior combination with the sleeve comprising copper as taught by Moore. One would be motivated to make this combination in order to provide a sleeve with high thermal conductivity and high electrical conductivity as known in the art.
Regarding claim 20, Herrema teaches all the limitations of claim 15.
However, Herrema does not explicitly teach the thermal coupler comprises a sleeve crimped to the probe.
Moore teaches the thermal coupler comprises a copper sleeve (collar) (210) crimped to the probe (probe) (110) (see paragraph 0045).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal coupler as taught by Herrema with a copper sleeve crimped to the probe as taught by Moore. One would be motivated to make this combination in order to securely fix the thermal coupler to the probe and to provide a sleeve with high thermal conductivity and high electrical conductivity as known in the art.
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments in page 1 of the Remarks that Herrema does not disclose the newly added limitation of amended claims 1, 7 and 15 and that: “… the thermistor 54 directly measures the temperature itself.
Accordingly, there is no need for the thermistor 54 to be thermally connected to a probe. As such, Herrema fails to teach or suggest at least the above subject matter of independent claim 1.”
This argument is not persuasive.
The Examiner respectfully submits that thermal connection/coupling or thermal contact in thermodynamics, is a state in which two or more systems can exchange thermal energy as evidenced by YourDictionary.com. Therefore, the configuration of the temperature sensor (54) as taught by Herrema in Fig. 7 meets the claimed language of “a temperature determination circuit thermally coupled to the probe”, since the thermistor is located in the lower-most extent of the probe and measures the temperature via the probe. Therefore, the thermistor is in thermal exchange with the probe in order to determine the electrolyte temperature (if the thermistor is below the detected liquid level) or the air temperature (if the thermistor electrode is above the detected liquid level) within the battery (see Herrema; paragraph 0028).
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 JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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