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 .
Election/Restrictions
Applicant's election with traverse of Group II (claims 8-16) in the reply filed on 5-26-26 is acknowledged. The traversal is on the ground(s) that there is no serious search burden because all Groups (I-III) have the exact same classification. This is not found persuasive.
MPEP 808.02(C) recites that a search burden has been established
Where it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention(s) (e.g., searching different classes/subclasses or electronic resources, or employing different search queries), a different field of search is shown, even though the two are classified together.
In the instant case, a search burden has clearly been established (even though Groups are classified together) because it is necessary to search for one of the inventions (a blanket having a pouch with a chemical to suppress a rechargeable battery fire, i.e. Group II) in a manner that is not likely to result in finding art pertinent to the other invention(s) (i.e. Groups I and III).
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-7, 17, 19, and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected apparatus invention(s), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5-26-26.
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.
Claim(s) 8, 9, and 11-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee Yong Kwon (KR 102551591 B1, hereinafter (“Lee”).
Re claims 8, 9, and 11-16, Lee (Fig 3) discloses a fire extinguishing blanket (110) comprising: a layer comprising a fire retardant material having an inner surface and an outer surface separated by a thickness of the layer; a pouch (140) connected to the layer inner surface that defines a pouch volume; a fire extinguishing material (150) positioned in the pouch volume, the fire extinguishing material comprising a chemical to suppress a rechargeable battery fire, wherein the pouch is at least partially formed of a pouch material that degrades at a fire release temperature to release the fire extinguishing material; at least one of: a weighted material (120) positioned in a perimeter region of the layer ,the weighted material having a density greater than a layer density and fire extinguishing material density, wherein the weighted material is configured to improve an aerodynamic parameter and thereby provide the fire extinguishing blanket that is controllably throwable; and/or one or more fasteners connected to the fire retardant material outer surface and/or fire extinguishing material layer, wherein the fasteners are configured to provide a blanket open configuration and a blanket wrapped configuration sized to contain a rechargeable battery and thereby provide the fire extinguishing blanket that is wrappable.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee.
Lee discloses the claimed invention except for the extinguishing materials in this claim. Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to simply substitute the materials in Lee to be of the type claimed, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Butler (US 2025/0135251). Lee discloses the claimed invention with the exception of an array of temperature sensors connected to at least one surface of the layer, wherein the array of temperature sensors are configured to measure a temperature of the rechargeable battery; an alarm operably connected to the array of temperature sensors to generate a warning of an adverse battery temperature event indicative of an initiation risk corresponding to a battery thermal runaway; and optionally, a rechargeable battery cut-off having an actuatable switch configured to open upon the adverse battery temperature event.
Butler (Fig 2) teaches a blanket having an array of temperature sensors connected to at least one surface of the layer, wherein the array of temperature sensors are configured to measure a temperature of the rechargeable battery; an alarm operably connected to the array of temperature sensors to generate a warning of an adverse battery temperature event indicative of an initiation risk corresponding to a battery thermal runaway; and optionally, a rechargeable battery cut-off having an actuatable switch configured to open upon the adverse battery temperature event. The purpose of the sensors in Butler is to allow for real-time monitoring of thermal events associated with products such as vehicles and provides visual and audio alerts (p. [0007]). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the blanket in Lee to have the sensors of Butler. The motivation (as taught by Butler) would be to allow for real-time monitoring of thermal events associated with products such as vehicles and provides visual and audio alerts. All claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to a skilled artisan at the time the invention was made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641
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