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 .
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 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.
Claim Objections
1. Claim 15 is objected to because of the following informalities:
1.1. The claim-element/limitation relative to “a battery module” (line 1) of claim 15 should be consistent and be written as “the battery module” in order to improve consistency and clarity of the claim language because this claim-element/limitation already has antecedent basis in claim-13.
Appropriate correction is required. The examiner appreciates the assistance of the Applicant(s).
Specification Objections
2. The disclosure is objected to because of the following informalities:
2.1. The abbreviation/acronym/term/symbol/variable “mm” should be spelled out on its first appearance.
Appropriate correction is required. The examiner appreciates the assistance of the Applicant(s).
Drawing Objections
3. The drawings are objected to because the unlabeled rectangular box(es) shown in the drawing corresponding to Figure 2 should be provided with descriptive text. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
3.1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
4. Claim(s) 12 is 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 pre-AIA the applicant regards as the invention.
Specifically:
4.1. Claim 12 recites the abbreviation/acronym/term/symbol/variable “mm” and it is neither defined by the claims nor defined by the specifications, which makes unclear to determine its meaning. Said abbreviation/acronym/term/symbol/variable needs to be defined within parenthesis immediately after the same. In addition, the examiner interprets that said abbreviation/acronym/term/symbol/variable as to refer to millimeter.
Examiner’s Note
5. All the words in the language of the claims of which the specifications do not provide a definition in the form stated in the MPEP, the examiner has interpreted them by their plain meanings, pursuant to the MPEP 2111.01 “Plain Meaning” and MPEP 2173.01.
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 of this title, 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.
6. Claim(s) 1-15 are/is rejected under 35 U.S.C. 103 as being unpatentable over ZALAR, Peter, et al. (Pub. No.: EP 3 525 279 A1 hereinafter mentioned as “Zalar”, which was submitted via IDS) in view of Gerard Bree, et al. (Title: Monitoring state of charge and volume expansion in lithium-ion batteries: an approach using surface mounted thin-film graphene sensors, 2023, hereinafter mentioned as “Bree”, which was submitted via IDS).
As per claim 1, Zalar discloses:
A computer-implemented method of (See MPEP 2111.02, Effect of Preamble, and II. Preamble Statements Reciting Purpose or Intended Use) determining more than one operating parameter of an electrical device comprising at least one surface (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]) by means of a multi-parameter sensing film (Fig. 4, see the flexible foil 2. Also see [0072] and/or [0090]), said film being arranged to be abutted against said surface of said electrical device (see [0040]. The flexible foil 2 in an abutting relationship with the battery pack with its plurality of cells 16),
wherein the more than one operating parameter is temperature and pressure (see [0088] and [0090]),
said film (Fig. 4, see the flexible foil 2. Also see [0072] and/or [0090]) comprising:
a substrate (see [0057], [0075]-[0076], [0082], and/or [0084]),
one or more sensing elements (Fig. 4, see the plurality of thermistor-temperature-sensors 4 and pressure-sensors 14. Also see [0072] and/or [0090]) arranged on said substrate (see [0057], [0075]-[0076], [0082], and/or [0084]), wherein said one or more sensing elements are formed by responsive material which is configured to exhibit changes in electrical resistance in response to changes in said operating parameters (see [0076] and/or [0106]. The negative temperature coefficient NTC resistor and PTC),
a plurality of monitoring circuits arranged at predefined monitoring positions that are spaced apart from each other over said substrate, said monitoring circuits (Figs. 4 and 1, see the electrodes 3a, 3b with the electrical wiring 8 and sensors. Also see [0074]-[0075] and [0083]) being configured to monitor the electrical resistance of said one single responsive material at said predefined monitoring positions (see [0076] and/or [0106]. The negative temperature coefficient NTC resistor and PTC),
the method comprising:
detecting, by processing circuitry of a computer system (see [0109] and [0090]. The processor of the controller 15), electrical resistance of said responsive material at monitoring positions (see [0090] and [0086]), and
determining, by the processing circuitry (see [0109] and [0090]), said operating parameters at said monitoring positions by using information of the detected electrical resistance (see [0090] and [0086]).
Zalar discloses the one or more sensing elements with their responsive materials as described above but does not explicitly disclose that are formed by one single responsive material.
However, Bree further discloses said film (Page 7045, unnamed-abstract, “graphene film”) comprising:
one or more sensing elements arranged on said substrate (Page 7046, section 2.1), wherein said one or more sensing elements are formed by one single responsive material (Page 7046, section 2.1, the graphene material) which is configured to exhibit changes in electrical resistance (Page 7047, section 3.1) in response to changes in resistance said operating parameters (Figs. 4 and/or 5(b), see both sensors being responsive to both electrical-pressure/voltage and Temperature. Also see page 7050, right-column; and page 7051 left-column),
determining, by the processing circuitry (see page 7047, right column. The Maccor 4200 cycler), said operating parameters at said monitoring positions by using information of the detected electrical resistance (Figs. 4 and/or 5(b), see both sensors being responsive to both electrical-pressure/voltage and Temperature. Also see the right-column of page 7050 and left-column of page 7051).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the feature relative to the “one single responsive material” disclosed by Bree into Zalar, with the motivation and expected benefit related to improving the system and measurements by providing significant enhancement over traditional gauges whereby the exploitation of the percolative conduction mechanism within the film enables a high level of sensitivity without the need for complex sensor pathway designs, allowing for thinner, lighter, and more cost-effective monitoring of cell deformation (Bree, Page 7046, Right Column).
Furthermore, Zalar states that “It will, however, be evident that various modifications, variations, alternatives and changes may be made therein, without departing from the essence of the invention” (Zalar, Paragraph [0110]).
As per claim 2, the combination of Zalar into Bree discloses the method according to claim 1 as described above.
Bree, with the obvious motivation set forth above in claim-1, further discloses:
wherein the one single responsive material comprises one of the following: graphene, graphene oxides, carbon nano tubes, carbon nano fibers, graphite embedded polydimethylsiloxane, or poly polystyrene sulfonate (Page 7046, section 2.1, the graphene material).
As per claim 3, the combination of Zalar into Bree discloses the method according to claim 1 as described above.
Bree, with the obvious motivation set forth above in claim-1, further discloses:
determining, by the processing circuitry (see page 7047, right column. The Maccor 4200 cycler), the operating parameters by converting the electrical resistance detected at said predefined monitoring positions to the operating parameter values (Figs. 4 and/or 5(b), see both sensors being responsive to both electrical-pressure/voltage and Temperature. Also see the right-column of page 7050 and left-column of page 7051).
As per claim 4, the combination of Zalar into Bree discloses the method according to claim 3 as described above.
Bree, with the obvious motivation set forth above in claim-1, further discloses:
defining, by the processing circuitry, the operating parameter(s) to be monitored at each monitoring position (see page 7047, right column. The Maccor 4200 cycler), and
converting, by the processing circuitry, the electrical resistance detected at each monitoring position to the defined operating parameter value(s) (Figs. 4 and/or 5(b), see both sensors being responsive to both electrical-pressure/voltage and Temperature. Also see the right-column of page 7050 and left-column of page 7051).
As per claim 5, the combination of Zalar into Bree discloses the method according to claim 1 as described above.
Zalar, with the obvious motivation set forth above in claim-1, further discloses:
wherein the electrical device is a battery cell comprised in a battery system of a vehicle, the battery system further comprising a battery management unit (see [0056] and/or [0095]. The implicit battery management unit of Zalar that performs the thermal management of the battery pack) configured to monitor the operating parameters of the battery cell by using information of the electrical resistance detected at the predefined monitoring positions,
the method further comprising: in response to the determined operating parameters being higher than an upper threshold level or being lower than a lower threshold level, issuing, by the processing circuitry of the battery management unit, a warning signal to a vehicle electronic control unit (see [0013] and/or claim-3. The signal of Zalar received and warning the controller so the network is shut off).
As per claim 6, Zalar discloses:
A battery cell (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]) comprising:
at least one surface (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]),
one or more multi-parameter sensing films (Fig. 4, see the flexible foil 2. Also see [0072] and/or [0090]) arranged to be abutted against said surface of said battery cell (see [0040]. The flexible foil 2 in an abutting relationship with the battery pack with its plurality of cells 16), said film at least partially or fully covering said surface of said battery cell (see [0012]),
wherein the multi-parameter sensing film (Fig. 4, see the flexible foil 2. Also see [0072] and/or [0090]) comprises:
a substrate (see [0057], [0075]-[0076], [0082], and/or [0084]),
one or more sensing elements (Fig. 4, see the plurality of thermistor-temperature-sensors 4 and pressure-sensors 14. Also see [0072] and/or [0090]) arranged on said substrate (see [0057], [0075]-[0076], [0082], and/or [0084]), wherein said one or more sensing elements are formed by responsive material which is configured to exhibit changes in electrical resistance in response to changes in said operating parameters (see [0076] and/or [0106]. The negative temperature coefficient NTC resistor and PTC),
a plurality of monitoring circuits arranged at predefined monitoring positions that are spaced apart from each other over said substrate, said monitoring circuits (Figs. 4 and 1, see the electrodes 3a, 3b with the electrical wiring 8 and sensors. Also see [0074]-[0075] and [0083]) being configured to monitor the electrical resistance of said one single responsive material at said predefined monitoring positions (see [0076] and/or [0106]. The negative temperature coefficient NTC resistor and PTC).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the feature relative to the “one single responsive material” disclosed by Bree into Zalar, with the motivation and expected benefit related to improving the system and measurements by providing significant enhancement over traditional gauges whereby the exploitation of the percolative conduction mechanism within the film enables a high level of sensitivity without the need for complex sensor pathway designs, allowing for thinner, lighter, and more cost-effective monitoring of cell deformation (Bree, Page 7046, Right Column).
As per claim 7, the combination of Zalar into Bree discloses the battery cell according to claim 6 as described above.
Bree, with the obvious motivation set forth above in claim-1, further discloses:
wherein the one single responsive material comprises one of the following: graphene, graphene oxides, carbon nano tubes, carbon nano fibers, graphite embedded polydimethylsiloxane, or poly (3,4-ethylenedioxythiophene) polystyrene sulfonate (Page 7046, section 2.1, the graphene material).
As per claim 8, the combination of Zalar into Bree discloses the battery cell according to claim 6 as described above.
Zalar further discloses:
wherein said sensing elements are formed at the predefined monitoring positions (Fig. 4, see the plurality of thermistor-temperature-sensors 4 and pressure-sensors 14. Also see [0072] and/or [0090]).
As per claim 9, the combination of Zalar into Bree discloses the battery cell according to claim 6 as described above.
Zalar further discloses:
wherein each monitoring position is defined to monitor one of the following: temperature, pressure, or both of temperature and pressure (see [0088] and [0090]).
As per claim 10, the combination of Zalar into Bree discloses the battery cell according to claim 9 as described above.
The combination of Zalar and Bree, with the obvious motivation set forth above in claim-1, further discloses, further discloses:
wherein for the monitoring positions that are defined to monitor both temperature and pressure (Zalar, see [0088] and [0090]), the sensing elements are formed by two layers of the single one responsive material arranged on top of each other (Bree, Fig. 3, see sensors 1 and 2. Also see Page 7046, section 2.1, the graphene material).
As per claim 11, the combination of Zalar into Bree discloses the battery cell according to claim 6 as described above.
Zalar further discloses:
wherein the substrate is formed by a polymer-based material (see [0082]).
As per claim 12, the combination of Zalar into Bree discloses the battery cell with the substrate according to claim 6 as described above but does not explicitly disclose that said substrate has a thickness less than 1 mm.
However, the claim limitations “less than 1 mm” is simply claiming an open range, and it has been held by the court that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art pursuant to MPEP 2144.05, (see In re Aller, 105 USPQ 233). Therefore, said range has no patentable weight.
As per claim 13, the combination of Zalar into Bree discloses the battery cell according to claim 6 as described above.
Zalar further discloses:
A battery module comprising a plurality of battery cells according to claim 6 (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]).
As per claim 14, the combination of Zalar into Bree discloses the battery cell according to claim 13 as described above.
Zalar further discloses:
A battery system comprising the battery module according to claim 13, and a battery management unit (see [0056] and/or [0095]. The implicit battery management unit of Zalar that performs the thermal management of the battery pack) configured to monitor the more than one operating parameter (see [0088] and [0090]) at defined areas of the at least one surface of the battery cell (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]) by using information of the electrical resistance (see [0076] and/or [0106]. The negative temperature coefficient NTC resistor and PTC) detected at said predefined monitoring positions (Figs. 4 and 1, see the electrodes 3a, 3b with the electrical wiring 8 and sensors. Also see [0074]-[0075] and [0083]).
As per claim 15, the combination of Zalar into Bree discloses the battery cell according to claim 13 as described above.
Zalar further discloses:
A vehicle comprising a battery module according to claim 13 (Fig. 4, see the battery pack of vehicle with its plurality of cells 16. Also see [0072] and/or [0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVARO E. FORTICH whose telephone number is (571) 272-0944. The examiner can normally be reached on Monday thru Friday from 8:30am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Huy Phan, can be reached on (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVARO E FORTICH/Primary Examiner, Art Unit 2858
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