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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-5, 7-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (CN 113405703A, reference made to attached English machine translation), and further in view of Jarvis et al (US 2016/0064780).
Regarding claim 1 Liu discloses a battery system for an electric vehicle (paras [n0002]-[n0003], [n0051]), the system comprising:
a battery pack (para [n0051]) and a thermal runaway detection system (para [n0046], Fig. 13) comprising a sensor unit ([n0050], Fig. 13 see: optical sensor 200) and a control unit ([n0050], Fig. 13 see: processing module 100), the sensor unit and control unit being configured for transmitting and receiving data from the sensor unit to the control unit ([n0050], Fig. 13 see: photodetectors of optical sensor 200 connected to processing module 100 where processing module 100 outputs alarm information when light signal received from the photodetector is below a preset threshold), wherein the sensor unit (Figs. 1-2) comprises:
a first cover element ([n0010], [n0037] Fig. 1 see: diaphragm 40) and a second cover element ([n0010], [n0037] Fig. 1 see: sidewalls of optical cavity 20) arranged on and connected to the first cover element in such a way that a space is formed between the first cover element and second cover element ([n0037]-[n0041] Fig. 1 see: sidewalls of optical cavity 20 and diaphragm 40 forming a space);
a light emitter (light source 10) and a light sensor (photodetector 20) arranged within the space such that light emitted from the light emitter is receivable at the light sensor via a light path that extends across the space ([n0037]-[n0041] Fig. 1 see: light source 10 and photodetector 20 arranged at opposite sides of optical cavity); and
the first cover element is designed to bend towards the second cover element and into the light path in the event of a pressure increase in the battery pack ([n0037]-[n0041] Fig. 1 see: diaphragm 40 deforms towards opposing cavity sidewall when subjected to external force to reduce the amount of light received by the photodetector); and
wherein the control unit is configured to detect a possible thermal runaway based on a change in data transmitted by the sensor unit ([n0046], [n0050], Fig. 13 see: processing module 100 outputs alarm information when light signal received from the photodetector is below a preset threshold such as in a thermal runaway event).
Liu does not explicitly disclose where the battery pack comprises a plurality of battery cells accommodated within a housing or wherein the sensor unit is positioned within the battery pack of the battery system.
However, Jarvis which is also directed to batteries for electric vehicles (para [0003]) discloses it is known that a battery pack comprises a plurality of battery cells accommodated within a housing (Jarvis, [0069], [0080]-[0081] Fig. 4 see: rechargeable battery 400 including rechargeable battery cells 404) and to position such a sensor unit within the battery pack of the battery system (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned within housing 406 of rechargeable battery 400).
Jarvis and Liu are combinable as they are both concerned with detecting and controlling battery expansion in battery packs for electric vehicles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the system of Liu in view of Jarvis such that the battery pack of Liu comprises a plurality of battery cells accommodated within a housing as in Jarvis ([0069], [0080]-[0081] Fig. 4 see: rechargeable battery 400 including rechargeable battery cells 404) and to position the sensor unit of Liu within the battery pack of the battery system of Liu as taught by Jarvis ([0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned within housing 406 of rechargeable battery 400) as such a modification would have amounted to the use of a known battery pack constructure and arrangement of an optical sensor for their intended use in a known environment to accomplish the entirely expected result of detecting expansion of the battery cells within the housing.
Regarding claim 2 modified Liu discloses the battery system as claimed in claim 1, and Jarvis further discloses wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering).
Regarding claim 3 modified Liu discloses the battery system as claimed in claim 1, and Jarvis further discloses wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery).
Regarding claim 4 modified Liu discloses the battery system as claimed in claim 1, and Jarvis discloses wherein the control unit is configured to determine a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and to evaluate the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance).
Regarding claim 5 modified Liu discloses the battery system as claimed in claim 1, wherein the light emitter of the sensor unit is an LED emitting infrared light (Liu, [n0038] see: light source 10 can include an LED emitting in the infrared wavelengths).
Regarding claim 7 modified Liu discloses an electric vehicle comprising the battery system as claimed in claim 1 (Liu, [n0002], [n0051] see: optical sensor can be part of a battery system of an electric vehicle).
Regarding claim 8 modified Liu discloses the battery system as claimed in claim 1, and Jarvis further discloses wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery) and wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering).
Regarding claim 9 modified Liu discloses the battery system as claimed in claim 1, and Jarvis further discloses wherein the control unit is configured to determine a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and to evaluate the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance), wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering).
Regarding claim 10 modified Liu discloses the battery system as claimed in claim 1, and Jarvis further discloses wherein the control unit is configured to determine a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and to evaluate the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance), and wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery).
Regarding claim 11 modified Liu discloses the battery system as claimed in claim 1, wherein the light emitter of the sensor unit is an LED emitting infrared light (Liu, [n0038] see: light source 10 can include an LED emitting in the infrared wavelengths), and wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering).
Regarding claim 12 modified Liu discloses the battery system as claimed in claim 1, wherein the light emitter of the sensor unit is an LED emitting infrared light (Liu, [n0038] see: light source 10 can include an LED emitting in the infrared wavelengths), and wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery).
Regarding claim 13 modified Liu discloses the battery system as claimed in claim 1, wherein the light emitter of the sensor unit is an LED emitting infrared light (Liu, [n0038] see: light source 10 can include an LED emitting in the infrared wavelengths), and wherein the control unit is configured to determine a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and to evaluate the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance).
Regarding claim 17 modified Liu discloses an electric vehicle comprising the battery system as claimed in claim 1 (Liu, [n0002], [n0051] see: optical sensor can be part of a battery system of an electric vehicle), wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering).
Regarding claim 18 modified Liu discloses an electric vehicle comprising the battery system as claimed in claim 1 (Liu, [n0002], [n0051] see: optical sensor can be part of a battery system of an electric vehicle), wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery).
Regarding claim 19 Liu discloses a method for determination of a thermal runaway in a battery system for an electric vehicle (paras [n0002]-[n0003], [n0046], [n0051]), wherein the method comprises the steps of:
a) providing a battery system, comprising:
a battery pack (para [n0051]); and
a thermal runaway detection system (para [n0046], Fig. 13) comprising a sensor unit ([n0050], Fig. 13 see: optical sensor 200) and a control unit ([n0050], Fig. 13 see: processing module 100), the sensor unit and control unit being configured for transmitting and receiving data from the sensor unit to the control unit ([n0050], Fig. 13 see: photodetectors of optical sensor 200 connected to processing module 100 where processing module 100 outputs alarm information when light signal received from the photodetector is below a preset threshold),
wherein the sensor unit (Figs. 1-2) comprises:
a first cover element ([n0010], [n0037] Fig. 1 see: diaphragm 40) and a second cover element ([n0010], [n0037] Fig. 1 see: sidewalls of optical cavity 20) arranged on and connected to the first cover element in such a way that a space is formed between the first cover element and second cover element ([n0037]-[n0041] Fig. 1 see: sidewalls of optical cavity 20 and diaphragm 40 forming a space);
a light emitter (light source 10) and a light sensor (photodetector 20) arranged within the space such that light emitted from the light emitter is receivable at the light sensor via a light path that extends across the space ([n0037]-[n0041] Fig. 1 see: light source 10 and photodetector 20 arranged at opposite sides of optical cavity); and
the first cover element is designed to bend towards the second cover element and into the light path in the event of a pressure increase in the battery pack ([n0037]-[n0041] Fig. 1 see: diaphragm 40 deforms towards opposing cavity sidewall when subjected to external force to reduce the amount of light received by the photodetector); and
b) detecting a possible thermal runaway by the control unit based on a change in data transmitted by the sensor unit ([n0046], [n0050], Fig. 13 see: processing module 100 outputs alarm information when light signal received from the photodetector is below a preset threshold such as in a thermal runaway event).
Liu does not explicitly disclose where the battery pack comprises a plurality of battery cells accommodated within a housing or wherein the sensor unit is positioned within the battery pack of the battery system.
However, Jarvis which is also directed to batteries for electric vehicles (para [0003]) discloses it is known that a battery pack comprises a plurality of battery cells accommodated within a housing (Jarvis, [0069], [0080]-[0081] Fig. 4 see: rechargeable battery 400 including rechargeable battery cells 404) and to position such a sensor unit within the battery pack of the battery system (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned within housing 406 of rechargeable battery 400).
Jarvis and Liu are combinable as they are both concerned with detecting and controlling battery expansion in battery packs for electric vehicles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Liu in view of Jarvis such that the battery pack of Liu comprises a plurality of battery cells accommodated within a housing as in Jarvis ([0069], [0080]-[0081] Fig. 4 see: rechargeable battery 400 including rechargeable battery cells 404) and to position the sensor unit of Liu within the battery pack of the battery system of Liu as taught by Jarvis ([0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned within housing 406 of rechargeable battery 400) as such a modification would have amounted to the use of a known battery pack constructure and arrangement of an optical sensor for their intended use in a known environment to accomplish the entirely expected result of detecting expansion of the battery cells within the housing.
Regarding claim 20 modified Liu discloses the method as claimed in claim 19, and Jarvis further discloses wherein the control unit determines a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and evaluates the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance).
Claims 6, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (CN 113405703A, reference made to attached English machine translation) in view of Jarvis et al (US 2016/0064780) as applied to claims 1-5, 7-13, and 17-20 above, and further in view of Nakao et al (JP 2020136098A, reference made to attached English machine translation).
Regarding claims 6 and 14-16 modified Liu discloses the battery system as claimed in claim 1,
wherein the second cover element of the sensor unit is a part of the housing, a part of a carrier framework or a part of an outer cover sealing of the battery pack (Jarvis, [0080]-[0081] Fig. 4 see: expansion detector 408 of a phototransmitter portion 408a and a photoreceiver portion 408b positioned with a wall of housing 406 as part of the covering),
wherein the control unit is integrated into a battery management system of the battery system (Jarvis, [0049]-[0050], [0054]-[0055] see: processing unit receiving signal from the expansion detection can be associated with a power management unit dedicated to controlling the power input to the rechargeable battery),
wherein the control unit is configured to determine a rapidity and/or height of the pressure increase within the battery pack based on the data transmitted from the sensor unit and to evaluate the possibility of a thermal runaway based thereon (Jarvis, [0016], [0046] see: expansion detector and processing unit can monitor rechargeable battery expansion rate to indicate a rechargeable battery failure, manufacturing defect, premature mechanical or chemical failure, physical damage to the rechargeable battery, unsafe charging/discharging conditions, use of third-party or otherwise unknown chargers, or any other potentially unexpected circumstance),
but does not explicitly disclose wherein the light sensor is a photo diode.
However, Nakao discloses it is known to employ a photodiode as the light sensor (Nakao, see bottom of page 2 of translation) in such detection sensors for detecting thermal runaway in the battery cells of an electric vehicle (see background section on page 2 of translation).
Nakao and modified Liu are combinable as they are both concerned with detecting and controlling battery expansion in battery packs for electric vehicles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the system of Liu in view of Jarvis such that the light sensor of Liu is a photo diode as taught by Nakao (see bottom of page 2 of translation) as such a modification would have amounted to the mere selection of a known type of light sensor for its intended use in a known environment to accomplish an entirely expected result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee et al (US 2022/0037708) also discloses an optical fiber sensing unit for determining battery pack swelling (Abstract, Figs. 2 and 5);
Yamazaki (JP 2001166016A, see English machine translation) discloses in Figs. 4 and 5 a system detecting expansion of the sealed lead-acid battery 15 by the light emitting unit 41a and the light receiving unit 41b;
MARCHTHALER (DE 102012204033A1, see English machine translation) discloses detecting mechanical deformation of a battery cell which precedes thermal runaway optically using a combination of light-emitting diode photocell.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J GOLDEN whose telephone number is (571)270-7935. The examiner can normally be reached 11am-8pm.
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, Jeffrey Barton can be reached at 571-272-1307. 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.
ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
Prosecution Insights