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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/29/2026 has been entered.
Claim Status
Claims 1 and 11 have been amended; support is found in [0076].
Claims 1-20 are currently pending.
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) 1-5, 7, 9-15, 17, 19 and 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Toyomura (WO 2024/172137A1, US 2025/0357569 is used as an English equivalent).
As to claim 1. Toyomura et al. discloses a battery safety system, comprising:
a chamber (bag-[0045]) configured for placement between a plurality of battery cells [0150], wherein:
the chamber (bag) comprises a fire-retardant composition (fire retardant and water or hydrogel 0136, 0164, 0045) configured to suppress combustion during a thermal runaway event,
the chamber comprises a hermetically sealed metallic pouch [0045] (does not leak) having welded seams [0046] and being configured to contain the fire-retardant composition [0048],
wherein the fire-retardant composition expands [(swollen-0152]) within the hermetically sealed metallic pouch under thermal stress to expand the pouch and create a thermal barrier between adjacent battery cells while remaining contained within the hermetically sealed metallic pouch [0150].
As to claim 2. Toyomura et al. discloses the system of claim 1, wherein the fire-retardant composition comprises a plurality of mica [0081].
As to claim 3. Toyomura et al. discloses the system of claim 1, wherein the chamber comprises a metal enclosure (metal resin laminate) filled with a fire-retardant fluid (water, clay, hydrogel) and additives [0129] (UV absorber, antioxidant, organic solvent, inorganic filler other than the water-swellable clay mineral, viscosity adjusters such as a thickening agent, a crosslinking agent, and a flame retardant).
As to claim 4. Toyomura et al. discloses the system of claim 1, wherein the fire-retardant composition comprises a gel or a polymer to form a fire-resistant hydrogel [0010].
As to claim 5. Toyomura et al. discloses the system of claim 1, wherein a fire-retardant layer (the hydrogel within the bag 0045) is distributed across one or more gaps between the plurality of battery cells [0150] (discloses the heat absorber can be sandwiched between cells).
As to claim 7. Toyomura et al. discloses the system of claim 1, wherein the fire-retardant composition expands volumetrically when heated to create cell separation [0150] (the hydrogel swells).
As to claim 9. Toyomura et al. discloses the system of claim 1, wherein: the fire-retardant composition comprises one more of water [0045], and phosphorus-based compounds [0136].
As to claim 10. Toyomura et al. discloses the system of claim 1, wherein the fire-retardant composition is housed in a sealed pouch (figure 2).
As to claim 11. . Toyomura et al. discloses a method, comprising: forming a fire-retardant composition configured to suppress combustion during a thermal runaway event [0033]; and filling a chamber (bag-[0045]) between a plurality of battery cells [0150] with the fire-retardant composition (water, fire retardant or hydrogel [0136, 0164, 0045]),
wherein: filling the chamber comprises sealing the fire-retardant composition [00 45] within a welded metallic pouch [0051] (metal layer on a resin film and is sealed, thus welded) positioned between the battery cells [0150], and
the fire-retardant composition expands under thermal stress to create physical separation between the battery cells [0152]-the hydrogel swells), and
the fire-retardant composition expands within the welded metallic pouch under thermal stress to expand the welded metallic pouch and create physical separation between the battery cells while remaining contained within the welded metallic pouch [0150, 0045].
As to claim 12, Toyomura et al. discloses the method of claim 11, wherein forming the fire-retardant composition comprises adding one or more of a plurality of mica flakes [0081].
As to claim 13. Toyomura et al. discloses the method of claim 11, wherein the chamber comprises a metal (metal resin laminate 0051) enclosure filled with a fire-retardant fluid (water, clay or hydrogel) and additives [0129] (UV absorber, antioxidant, organic solvent, inorganic filler other than the water-swellable clay mineral, viscosity adjusters such as a thickening agent, a crosslinking agent, and a flame retardant).
As to claim 14. Toyomura et al. discloses the method of claim 11, wherein the fire-retardant composition comprises a gel or a polymer to form a fire-resistant hydrogel. [0010]
As to claim 15. Toyomura et al. discloses the method of claim 11, wherein filling a chamber [0045] comprises distributing a fire-retardant layer across one or more gaps between the plurality of battery cells [0150] (discloses the heat absorber can be sandwiched between cells).
As to claim 17. Toyomura et al. discloses the method of claim 11, wherein the fire-retardant composition expands volumetrically when heated to create cell separation [0150] (hydrogel swells).
As to claim 19. Toyomura et al. discloses the method of claim 11, wherein: the fire-retardant composition comprises one more of water [0045] and phosphorus-based compounds [0136].
As to claim 20. Toyomura et al. discloses the method of claim 11, wherein the fire-retardant composition is housed in a sealed pouch [0045].
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) 6, 8, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyomura (WO 2024/172137A1, US 2025/0357569 is used as an English equivalent) in view of Fujikawa et al. (US 9293794 B2).
As to claim 6 and 16. Toyomura discloses the system of claim 1 and 11, wherein the chamber is formed of an aluminum resin laminate but does not disclose the chamber is formed from stainless steel or carbon steel with a corrosion-resistant coating.
Fujikawa et al. discloses a secondary battery module with a cooling unit (20). The housing of the cooling unit is made of a laminated sheet where in the base layer can be formed of aluminum or stainless steel (col. 3 lines 25-26).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to replace the aluminum with the stainless steel because both are known materials used in a laminated housing and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
As to claims 8 and 18, Toyomura discloses of claims 1 and 11, where in the heat absorber is between the battery cells but does not depicts the system/method is applied across battery submodules, modules, and pack enclosures.
Fujikawa et al. discloses a secondary battery module with a cooling unit (20). The cooling unit (20) is located across multiple battery cells (thus submodules) and pack enclosures (figure 1).
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to place the heat absorber/cooling unit across multiple batteries and pack enclosures because this would prevent a thermal runaway/abnormally heated cell from occurring. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). In this case, both Toyomura and Fujikawa add a heat absorber between cells to prevent the thermal runaway from spreading to additional batteries.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0013825 A1 of De Wilde et al. discloses a spacer 2 that expands but is not in the form of a sealed pouch as is instantly claimed.
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/Maria Laios/ Primary Examiner, Art Unit 1727
