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 .
Claim Objections
Claim 1 is objected to because of the following informalities: “thermal runaway occurring at a surface of the battery first” is slightly unclear, as the language leaves ambiguity as to the meaning of “first” (whether the “first” is related to the thermal runaway at the surface of the step itself). “thermal runaway occurring first when” is similarly slightly unclear. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: the equation recited is blurry and difficult to read. The examiner suggests providing a clearer printing of the equation on the reply. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-15 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.
Claim 1 recites “A battery thermal runaway prediction method”. However, there are no actual method steps recited in the claim. Rather, the claim merely recites situations where thermal runaway occurs and does not occur, e.g. a characteristic of a battery per se, rather than any particular steps in order to predict battery thermal runaway. It has previously been held that “attempts to claim a process without setting forth any steps involved in the processes generally raises an issue of indefiniteness. See MPEP 2173.05(q).
The examiner suggests amending claim 1 in order to positively recite a method step for the runaway prediction method rather than characteristics and/or mathematical relationships of the battery per se.
Claims 2-15 are rejected merely for inheriting and not remedying the above issue with claim 1.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3 and 9-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) “A battery thermal runaway prediction model, comprising: when a hot box temperature T, a battery starting temperature T1 and a thermal runaway starting temperature T2 satisfy T1< T < T2” followed by conditions of thermal runaway occurring according to self-heating rate and heat transfer from a hot box to an interior of a battery. However notably, there are no specific prediction or determination steps recited. Claims 2, 3, and 9 further recite mathematical formulas for calculating K1 and K2. That is, the broadest reasonable interpretation of the claim when read in light of the specification is a thermal runaway characteristic of a battery per se, thus an abstract idea per se on the mathematical relationship of thermal runaway to self-heating rate and heat transfer. This judicial exception is not integrated into a practical application because the claims do not recite any particular use of the mathematical relationship other than the relationship per se. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because only the mathematical relationship between thermal runaway of a battery and rates of self-heating and heat transfer are recited, thus represents a disembodied mathematical relationship.
The examiner recommends amending the claim to recite more than the mere mathematical relationship of a thermal runaway effect of a battery, e.g. a practical application of the relationship.
Claims 2-3 and 9-15 are rejected for the same reason as provided above.
Claims 4-8 recite more than the disembodied mathematical relationship (specifically “carrying out a DSC test”, “carrying out kinetic parameter fitting” and “calculating self-heating rates” of claim 4), thus meet the requirements of 35 U.S.C. 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ren et al. (US 2020/0371054), Feng et al. (US 2020/0313245), and JP 2018-206524 disclose other battery thermal runaway prediction models/simulations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan Johnson whose telephone number is (571)270-1264. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menna Youssef can be reached at 571-270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN JOHNSON/ Primary Examiner, Art Unit 2836
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