www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/266, 162
`
`02/05/2021
`
`HIROAKI GONDOH
`
`083710-3417
`
`2799
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`LUO, KAN
`
`1751
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/20/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/266,162
`Examiner
`KAN LUO
`
`Applicant(s)
`GONDOH, HIROAKI
`Art Unit
`AIA (FITF) Status
`1751
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 5 February 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)(¥ The drawing(s)filed on 5 February 2021 is/are: a)[¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231206
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA orAIA Status
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Status of Application
`
`Claims 1-5 are pending. Claims 1-5 are presented for examination. Claims 1, and 3-5 are
`
`preliminarily amended claims submitted on 2/5/2021.
`
`1.
`
`Claim 2 is objected to because of the following informalities.
`
`Claim Objections
`
`In claim 2, Ln 1-2, “whereinthe cooling pathis based on a condition of a formula 1:” should read
`
`--wherein the cooling pathis formed based on a condition of a formula 1:-- to more accurately describe
`
`the relation betweenthe cooling path and the formula [See Specification — par. OO06].
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`Inthe 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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`3.
`
`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 —
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 3
`
`(a)(1) the claimed invention was patented, described ina printed publication, or in public use, on sale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`4.
`
`Claims 1 and 3-4 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Chen (US
`
`20150079426 A1, IDS of 4/19/2021).
`
`Regardingclaim 1, Chen discloses a battery module (battery pack, [0062] and FIG.10)
`
`comprising: a plurality of batteries (80, FIG.10) each including an exhaustvalve (pressure-relief
`
`plate 804, FIG. 10); and a cooling path (guiding cover 70, FIG. 10) configured to cool and guide a
`
`gas ejected from the exhaustvalve to an outside of the battery module (through exhaust port 702
`
`and mesh cover 60, [0065] and FIG.10),
`
`Chen discloses the temperaturefor igniting the gas is generally higher than 450°C ([0057]) and
`
`the mixture being blown out cannotignite in the surrounding air ([(0066]) which reads on the claim
`
`limitation “wherein the cooling path is configured to set atemperatureT (°C) of the gas at an outlet of
`
`the cooling path to lower than or equal to 500°C, and” because the temperature of the mixture being
`
`blown out is necessarily and inherently lower than or equal to 450°C to avoid ignition in the surrounding
`
`air.
`
`Chen further discloses the cooling path ([0061]-[0066]) includes at least one of a filter (mesh
`
`cover 60, FIG. 10), and the gas and the vapor can pass through the through holes 608 ([0054]), and when
`
`thermal runaway occurs, the temperaturein the lithium ion battery is generally higher than 400°C
`
`({0008]); and the mesh cover defines a number of through holes 608, and each through hole 608 has a
`
`shape ofcircle, ellipse or square and has a sectional area of 0.1~5 mm2, which translates to an opening
`
`size A (diameter) of 0.36%2.52 mm for a shapeof circle for the through hole,falling within the range of
`
`smaller than or equal to 3.5 mm as claimed “thefilter having an opening size A (mm) of smaller than or
`
`equal to 3.5 mm orthe baffle plate having the opening size A (mm) equivalent to smaller than or equal
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 4
`
`to 3.5mm,the at least one of thefilter or the baffle plate limiting a size of an ejected object included in
`
`the gas when the temperatureTis higher than or equal to 350°C.”
`
`Regarding claim 3, Chen discloses all of the limitations as set forth above. Chen further discloses
`
`the mesh cover 60 has a porosity of 20%~85% ([0054]) made from one of aluminum, aluminum alloy,
`
`nickel, nickel alloy, and stainless steel ([0028]), which reads on the claimed “thefilter includes a mesh, a
`
`punching metal, or a porous member.”
`
`Regarding claim 4, Chen disclosesall of the limitations as set forth above. Chen further discloses
`
`the meshcover defines a number of through holes 608, and each through hole 608 has a shapeofcircle,
`
`ellipse or square and has asectional area of 0.1~5 mm2 ([0054]), which inherently reads on the claimed
`
`“thefilter has a plurality of openings, and each ofthe plurality of openings hasan inscribedcircle
`
`having a diameter that is equivalent to the opening size A and is from 0.05 mm to 3.5 mm,
`
`inclusive.” because a sectional area of 0.1~ 5 mm? translates to an opening size A (diameter) of
`
`0.36~2.52 mm for ashapeofcircle for the through hole, falling within the range for thefilter
`
`openings size A of from 0.05 mm to 3.5 mm, inclusive.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe 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 forthin 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 ordinaryskillin the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page5S
`
`6.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
`
`summarizedas 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.
`
`7.
`
`Claims 2 and Sare rejected under 35 U.S.C. 103 as being unpatentable over Chen (US
`
`20150079426A1, IDS of 4/19/2021), in view of Bagaria (Journal of Loss Prevention in the Process
`
`Industries, 56 (2018), 518-523).
`
`Regarding claim 2, Chen discloses all of the limitations as set forth above. While Chen does not
`
`explicitly disclose that the cooling path is based ona condition of a formula 1 “T < 350 -
`
`{Ln(A/3.5)}/0.008”, Chen discloses the necessity of prevention the mixture being blown outin the
`
`surrounding air from ignition in order to improve safety performance of the lithium ion battery ([0066)),
`
`and the facts suchas, a threshold temperature T of generally higher than 450°C ([0057]) of the exhaust
`
`gas at outlet of cooling path for igniting the gas, anopening size A (diameter) of the filter with a range of
`
`0.36~2.52 mm calculated from a sectional area of 0.1~5 mm? ([0054]), and a chamber having a volume
`
`of 0.3~5mmi? jointly enclosed by the mesh cover and the pressurerelief plate 50 ([0053] and [0056)]).
`
`It would have been obvious to one having ordinaryskill in the art, before the effectivefilling
`
`date of the invention, to readily recognize that the mixture of flammable gas, the electrolyte vapor and
`
`the high temperaturesolid particles witha size smaller than that of the through holes (0.36%2.52 mm)
`
`would enterthe surrounding air via the mesh cover 60; andit is obvious to design the cooling path
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 6
`
`based on the desired threshold temperatureT, e.g., 450°C, with some adjustments to the chamber, such
`
`as the opening size A (diameter)of thefilter and the volume of the cooling chamber, in order to provide
`
`enough cooling capacity for the mixture to preventit from ignition in the surrounding air when being
`
`blown out.
`
`Further, with the conventional knowledge on prediction formula of a minimum ignition energy
`
`of a flammable gas at an arbitrary temperature (W,=W,exp{0.008(T,-T,)}, as described in the instant
`
`application Para [0026] Ln27-28, and in light of Bagaria’s teaching about the relationship between the
`
`ratio of minimum ignition energy (MIE) and the ratio of shifted size distribution of particle size in
`
`diameters MIE,/MIE,=d,3/d,? in Eq. (2) on page 522, one having ordinary skill in the art would readily
`
`establisha relationship between particle sizes and threshold temperatures to ignite in the following
`
`equation: d23/d,3 = exp{0.008(T,-T.)}, therefore, T2=T1-3{Ln(d2/d,)}/0.008} (Eq. A).
`
`It would have been obvious to one having ordinary skill in the art, before the effective filling
`
`date of the invention, to modify the cooling path based on the relationship between particle sizes and
`
`threshold ignition temperatures based on the established equation (Eq. A), in order to prevent the
`
`mixture from ignition in the surrounding air when being blown out. Take for an example,for a certain
`
`battery system as disclosedin the instant application, if the safety threshold temperature according to
`
`the results of a safety testing experiment, T; is set to 350°C and the standard testingfilter with the
`
`opening size d1 of 3.5 mm, then with the variation of the size of opening size of A, the temperature of
`
`the exhaust gas at the outlet T, can be calculated to be T,= 350 -3{Ln(d,/3.5)/0.008}, wherein d2 refers
`
`toa predetermined particle size according toA .. Inthis case, only when the cooling path is designed
`
`with enough cooling capacity to keep the temperature lower than calculated T2, the battery pack
`
`performs function in a safe manner.
`
`Therefore, it would have been obvious to one having ordinaryskill in the art, before the
`
`effectivefilling date of the invention, to utilize the conventional knowledge regarding MIE, the
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 7
`
`relationship between MIEs and particle sizes as taught by Bagaria, and witha similarly calculation
`
`method as set forth above, to adjust the cooling path to achieve the desired safetytemperatureT of the
`
`exhaust gas at the outlet which is lower than or equal to the calculated threshold temperature Tp,
`
`meeting the a condition of a formula 1: T < 350 - {Ln(A/3.5)}/0.008, in order to provide enough cooling
`
`capacity for the battery pack to perform function in a safe manner.
`
`Regarding claim 5, similar to the rationale of rejections to claim 1 and 2, Chen discloses a
`
`battery module (battery pack, [0062] and FIG.10) comprising: a plurality of batteries (80, FIG.10) each
`
`including an exhaust valve (pressure-relief plate 804, FIG. 10); and acooling path (guiding cover 70, FIG.
`
`10) configured tocool and guide a gas ejected from the exhaust valve to an outside of the battery
`
`module (through exhaust port 702 and meshcover 60, [0065] and FIG.10), whereinthe cooling path is
`
`configured such that a temperature T of the gas at an outlet of the cooling path is lower than or equal to
`
`500°C ([0057] and [0066)).
`
`While Chen does notexplicitly disclose the cooling path is configured such that a diameter B of
`
`an ejected object in the gas discharged from the outlet is smaller than or equal to 3.5mm based ona
`
`condition of aformula 2:B < 3.5e{0.008(350 - T)}, Chen discusses the necessity of prevention from
`
`igniting the mixture being blown out in the surrounding air ([0066]), and the facts such as, the threshold
`
`temperatureT (450 °C) of the exhaust gas at outlet of cooling path for igniting the gas ([0057]), an
`
`opening size A(diameter) of the filter with a range of 0.36~%2.52 mm calculated from a sectional area of
`
`0.1~5 mm? ([0054]), and a chamber having a volumeof 0.3~5mm? jointly enclosed by the mesh cover
`
`and the pressurerelief plate 50 ([0053] and [0056]).
`
`It would have been obvious to one having ordinaryskill in the art, before the effectivefilling
`
`date of the invention, to readily recognize that the mixture of flammable gas, the electrolyte vapor and
`
`the high temperaturesolid particles with size smaller than that of the through holes (0.36~%2.52 mm)
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 8
`
`would enterthe surrounding air via the mesh cover 60; andit is obvious to design the cooling path with
`
`an adjustment to the opening size A (diameter)to filter out a diameter of an ejected object in the gas
`
`discharged from the outlet which is smaller than A based on a predetermined desired temperature T at
`
`the outlet end, in order to provide enough cooling capacity of for the mixture to preventit from ignition
`
`in the surrounding air when being blown out.
`
`In light of the conventional knowledge of prediction formula of a minimum ignition energy of a
`
`flammable gas at an arbitrary temperature (W2=W,exp{0.008(T,-T.)}, as described inthe instant
`
`application Para [0026] Ln27-28, and Bagaria’s further teaching ontherelationship between the ratio of
`
`minimum ignition energy (MIE) and the ratio of shifted size distribution of particle size in diameters
`
`MIE,/MIE=d,3/d,3 in Eq. (2) on page 522, one having ordinaryskill in the art would readily establish the
`
`equation of d23/d,3 = exp{0.008(T,-T2)}, therefore, d)=d,ell1/3) 0008 (T1-12}} (Eq, B),
`
`It would have been obvious to one having ordinary skill in the art, before the effectivefilling
`
`date of the invention, to select the opening size A accordingly based on a predetermined desired
`
`temperatureTat the gas outlet, for a certain battery chemistry with a certain safety level, in order to
`
`prevent the mixture from ignition in the surrounding air when being blown out. Take for an example,if
`
`the testing standardfilter with an opening size of 3.5mm, andthe threshold temperature setting for a
`
`safety testing experiment T, is set to be 350°C, for acertain battery system as disclosed in the instant
`
`application, then the openingsizesfora filter of an ejected object in the gas discharged from the outlet
`
`can be determined by the calculation of d, based on d>=3. Setl1/3)0.008(350-T)}(Eg, B). The battery pack
`
`would perform function in a safe manner only when such condition is met, a diameter B of an ejected
`
`object in the gas discharged from the outlet is smaller than dz, which means B < dj=3. 5ef(4/3}0-008(350-1)}
`
`It would have been obvious to one having ordinary skill in the art, before the effective filling
`
`date of the invention, to utilize the conventional knowledge regarding MIE, the relationship between
`
`MIEs and particle sizes as taught by Bagaria, anda similarly calculation method as set forth above, to
`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`Page 9
`
`arrive at a value of diameter B of an ejected object in the gas discharged from the outlet, which is
`
`smaller than or equal to 3.5 mm and meets a condition of a formula 2: B < 3.5e{0.008(350 - T)}, in order
`
`to provide enough cooling capacity for the battery pack to perform function in a safe manner.
`
`Conclusion
`
`8.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to KAN LUO whose telephone number is (571)270-5753. The examiner can normally
`
`be reached M-F, 8:30AM -5:00PM EST.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
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`
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`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Jonathan Leong can be reached on (571)270-1292. 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
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`
`

`

`Application/Control Number: 17/266,162
`Art Unit: 1751
`
`/K. L./
`Examiner, Art Unit 1751
`12/14/2023
`
`/Haroon S. Sheikh/
`Primary Examiner, Art Unit 1751
`
`Page 10
`
`