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 .
This is a final office action in response to Applicant's remarks and amendments filed on 07/08/2026. Claims 1, 6, 8, and 11 are currently amended. Claims 5 and 7 are canceled. Claims 1-4, 6, 8, and 10-13 are pending review in this action. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claims 1 and 11. New grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 114284614 A) (in lieu of a machine English translation, citations in this office action are made in reference to the equivalent U.S. Publication (US 2024/0342528 A1)) further in view of Cao (US 12,199,259 B1) and Nakanishi et al. (US 4,595,642).
Regarding Claim 1:
Wu discloses a system (energy storage system, 100) for managing energy release from a cell of a battery module (energy storage device, 110) for preventing thermal runaway thereof (Figure 1, [0006-0007, 0049]). Wu further discloses that the system (energy storage system, 100) comprises: a housing (cabinet, 120) for containing the module (energy storage device, 110) and a sensor (first sensing apparatus, 130) of the housing (cabinet, 120) to detect the energy release (Figure 1, [0049-0050]). Wu further discloses that the system (energy storage system, 100) includes a ventilation apparatus (140) comprising an air inlet (inlet portion, 141) coupled to the housing (cabinet, 120) at a given location and an air outlet (outlet portion, 142) coupled to the housing (cabinet, 120) at another location of an elevation above that of the given location to accommodate a rise of heated emissions therethrough (Figure 1, [0053-0054]). Wu further discloses a flow control device (fan, 1421) coupled to the air outlet (outlet portion, 142) to actively manage the energy release detected by the sensor (first sensing apparatus, 130) out of the housing (cabinet, 120) for the preventing of the thermal runaway (Figures 1 and 3, [0056, 0058, 0060]).
Wu is deficient in disclosing 1) a pump; and 2) that the pump is coupled to a location at the air outlet to actively manage the energy release detected by the sensor out of the housing for the preventing of thermal runaway.
Regarding 1), Cao discloses a method of providing a housing with medium circulation for purposes of mitigating thermal runaway, wherein the housing may be a housing for a battery module (p. 12, Col. 1, lines 14-25, p.13, Col. 4, lines 18-54, p. 20, Col. 17, line 62- Col. 18, line 2). Cao further discloses that the medium being circulated may be air (p. 15, Col. 8, lines 37-56). Cao further discloses that a flow control device (medium-circulation generation means) is used to circulate the medium, wherein the flow control device (medium-circulation generation means) may be selected from a group which includes a fan, a pump, and an air compressor (p. 18, Col. 13, line 60- Col. 14, line 28).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the flow control device of Xu, a compressor and a pump, as it is known in the art that a compressor and a pump are known equivalents to a fan for use as a flow control device in a housing for a battery for purposes of thermal runaway mitigation, as taught by Cao. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Upon the above modification, the skilled artisan would appreciate that the limitation of Claim 1 requiring a pump, is met.
Regarding 2), Nakanishi discloses a fuel cell composite plant comprising absorbing towers (36a/b/c/d) having air outlet (outlet valves, 40a/b/c/d) connected to a vacuum pump (28) (Figure 2, p.5, Col. 1, lines 5-8, and p.6, Col. 3, lines 16-25). Nakanishi further discloses that the air outlet (outlet valves, 40a/b/c/d) discharges air from the system via the vacuum pump (28) (Figure 2, p.6, Col.3, lines 26-35).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to arrange the pump of modified Wu to have the pump coupled at a location of the air outlet, as it is known in the art that a pump is suitable to be connected to an air outlet for the purposes of discharging air from a system, as taught by Nakanishi. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modifications, all of the limitations of Claim 1 are met.
Regarding Claim 2 (Dependent Upon Claim 1):
Wu as modified by Cao and Nakanishi discloses the system of Claim 1 as set forth above. Although Wu does not explicitly disclose that the housing (cabinet, 120) functions to isolate the module (energy storage device, 110) from one of an occupant space of manned equipment powered by the module, another battery module, and another system for managing energy release from the other module, Wu does disclose that the module (energy storage device, 110) includes a housing (cabinet, 120) [0049]. Thus, the skilled artisan would appreciate that according to the function of a battery module housing commonly known within the art, the housing (cabinet, 120) of Wu would indeed isolate the module (energy storage device, 110) to at least some extent from the occupant space of manned equipment powered by the module, another battery module, and another system for managing energy release from the other module. Furthermore, the examiner notes that the instant claim does not require that the housing fully isolate the module from the above listed features of the claimed invention. Thus, all of the limitations of Claim 2 are met.
Regarding Claim 3 (Dependent Upon Claim 2):
Wu as modified by Cao and Nakanishi discloses the system of Claim 2 as set forth above. Wu further discloses that the air outlet (outlet portion, 142) is configured to route the energy release to the external environment (Figure 1,[0073, 0076]). As such, the skilled artisan would appreciate that the energy release would indeed be routed to a location away from the one of the occupant space, the other battery module, and the other system. Thus, all of the limitations of Claim 3 are met.
Regarding Claim 10 (Dependent Upon Claim 1):
Wu as modified by Cao and Nakanishi discloses the system of Claim 1 as set forth above. Wu further discloses that the sensor (first sensing apparatus, 130) is a gas sensor (Figure 1, [0051]). Thus, all of the limitations of Claim 10 are met.
Claims 4 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 114284614 A) (in lieu of a machine English translation, citations in this office action are made in reference to the equivalent U.S. Publication (US 2024/0342528 A1)) as modified by Cao (US 12,199,259 B1) and Nakanishi et al. (US 4,595,642), as applied to Claim 1 above, and further in view of Dietz et al. (US 2023/0058396 A1).
Regarding Claim 4 (Dependent Upon Claim 1):
Wu as modified by Cao and Nakanishi discloses the system of Claim 1 as set forth above. Wu further discloses that the module (energy storage device, 110) may be a lithium ion cell (ternary lithium battery) (Figure 1, [0049]).
Wu is deficient in disclosing that the module is comprised of a plurality of lithium ion cells.
Dietz discloses a battery module (rechargeable electrical energy storage system, REESS) comprising a plurality of battery cells (6), wherein the battery cells (6) may be lithium-ion cells (Figure 2, [0003, 0078]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the module of Wu to include a plurality of lithium ion cells, as it is known in the art as a useful configuration for a module comprising a lithium ion battery to possess, as taught by Dietz. Furthermore, it has been held that merely scaling up a prior art process capable of being scaled up, does not alone hold patentable weight (MPEP 2144.04 IV A). By doing so, all of the limitations of Claim 4 are met.
Regarding Claim 11:
Wu discloses a battery module (energy storage device, 110) comprising a housing (cabinet, 120) for containing the module (energy storage device, 110), wherein the housing (cabinet, 120) comprises a sensor (first sensing apparatus, 130) (Figure 1, [0006-0007, 0049-0050]). Wu further discloses a flow control device (fan, 1421), an air inlet (inlet portion, 141) at a given location of the housing (cabinet, 120) and an air outlet (outlet portion, 142) of the housing (cabinet, 120) at another location of an elevation above that of the given location to accommodate a rise of heated emissions therethrough (Figure 1, [0053-0054]). Wu further discloses that the flow control device (fan, 1421) is coupled to the air outlet (outlet portion, 142) and serves to actively direct an energy release from the module (energy storage device, 110) detected by the sensor (first sensing apparatus, 130) (Figures 1 and 3, [0056, 0058, 0060]). Wu further discloses that the directing includes forcing the energy release out of the housing (cabinet, 120) through the air outlet (outlet portion, 142) (Figures 1 and 3, [0056, 0058, 0060]). Wu further teaches that the battery module (energy storage device, 110) may be suitably used for any application wherein energy storage is required (Figure 2, [0048-0049]).
Although Wu does not explicitly disclose that the housing (cabinet, 120) functions to isolate the module (energy storage device, 110) from an occupant space, Wu does disclose that the module (energy storage device, 110) includes a housing (cabinet, 120) [0049]. Thus, the skilled artisan would appreciate that according to the function of a battery module housing commonly known within the art, the housing (cabinet, 120) of Wu would indeed isolate the module (energy storage device, 110) to at least some extent from an occupant space. Furthermore, the examiner notes that the instant claim does not require that the housing fully isolate the module from the above listed features of the claimed invention.
Wu is deficient in disclosing 1) an equipment comprising the battery module, the battery module powering the equipment; 2) an occupant space to accommodate an operator of the equipment; 3) a pump; 4) that the pump is coupled to a location at an air outlet to actively direct an energy release from the module detected by the sensor, the directing including forcing the energy release out of the housing through the air outlet.
Regarding 1) and 2), Dietz discloses a battery module (rechargeable electrical energy storage system, REESS) which supplies electrical power to a piece of equipment (vehicle) (Figure 2, [0002-0003, 0078]). Dietz further discloses that the equipment (vehicle) includes an occupant space (compartmental structure) in which occupants are separated from any hazard which may accompany the battery module (rechargeable electrical energy storage system, REESS), thus protecting the occupant [0018, 0081].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to utilize the battery module of Xu in an application such as in a piece of equipment such as a vehicle, as it is known in the art that a battery module is suitable for use in a vehicle as an electrical power source, as taught by Dietz. Furthermore, as stated above, Wu teaches that the battery module is suitable for any application which requires energy storage.
Upon the above modification, it would further be obvious to the skilled artisan to include in the vehicle an occupant space which separates the occupant from the battery module, in order to protect the occupant from any functional hazards which may result from the battery module, as taught by Dietz. By doing so, the skilled artisan would have a reasonable expectation of success in providing a piece of equipment which is suitably powered by the battery module while also protecting the occupant from safety hazards, as taught by Dietz. Upon the above modification, the limitations of Claim 11 requiring an equipment comprising the battery module, the battery module powering the equipment, and an occupant space to accommodate an operator of the equipment, are met.
Regarding 3), Cao discloses a method of providing a housing with medium circulation for purposes of mitigating thermal runaway, wherein the housing may be a housing for a battery module (p. 12, Col. 1, lines 14-25, p.13, Col. 4, lines 18-54, p. 20, Col. 17, line 62- Col. 18, line 2). Cao further discloses that the medium being circulated may be air (p. 15, Col. 8, lines 37-56). Cao further discloses that a flow control device (medium-circulation generation means) is used to circulate the medium, wherein the flow control device (medium-circulation generation means) may be selected from a group which includes a fan, a pump, and an air compressor (p. 18, Col. 13, line 60- Col. 14, line 28).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the flow control device of Xu, a compressor and a pump, as it is known in the art that a compressor and a pump are known equivalents to a fan for use as a flow control device in a housing for a battery for purposes of thermal runaway mitigation, as taught by Cao. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Upon the above modification, the skilled artisan would appreciate that the limitation of Claim 11 requiring a pump, is met.
Regarding 4), Nakanishi discloses a fuel cell composite plant comprising absorbing towers (36a/b/c/d) having air outlet (outlet valves, 40a/b/c/d) connected to a vacuum pump (28) (Figure 2, p.5, Col. 1, lines 5-8, and p.6, Col. 3, lines 16-25). Nakanishi further discloses that the air outlet (outlet valves, 40a/b/c/d) discharges air from the system via the vacuum pump (28) (Figure 2, p.6, Col.3, lines 26-35).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to arrange the pump of modified Wu to have the pump coupled at a location of the air outlet, as it is known in the art that a pump is suitable to be connected to an air outlet for the purposes of discharging air from a system, as taught by Nakanishi. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modifications, all of the limitations of Claim 11 are met.
Regarding Claim 12 (Dependent Upon Claim 11):
Wu as modified by Cao, Nakanishi, and Dietz discloses the equipment of Claim 11 as set forth above. As detailed above in the rejection of Claim 11, modified Wu discloses that the piece of equipment is a vehicle. Thus, all of the limitations of Claim 12 are met.
Regarding Claim 13 (Dependent Upon Claim 11):
Wu as modified by Cao, Nakanishi, and Dietz discloses the equipment of Claim 11 as set forth above. Wu further discloses that the sensor (first sensing apparatus, 130) is a gas sensor configured to detect the energy release as carbon monoxide, hydrogen, and a volatile organic compound (Figure 1, [0051]). Thus, all of the limitations of Claim 13 are met.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 114284614 A) (in lieu of a machine English translation, citations in this office action are made in reference to the equivalent U.S. Publication (US 2024/0342528 A1)) as modified by Cao (US 12,199,259 B1) and Nakanishi et al. (US 4,595,642), as applied to Claim 1 above, and further in view of Lynn et al. (US 2021/0053689 A1).
Regarding Claim 6 (Dependent Upon Claim 1):
Wu as modified by Cao and Nakanishi discloses the system of Claim 1 as set forth above. Upon the modification detailed above in the rejection of Claim 1, modified Wu discloses that the flow control device may be a compressor and a pump.
Modified Wu is deficient in disclosing that the compressor is coupled to the inlet.
Lynn discloses a system (100) for managing energy release from a cell of a battery module (battery pack) for preventing thermal runaway thereof (Figure 21, [0037, 0060-0063]). Lynn further discloses that the system (100) comprises: a housing for containing the module (battery pack); a sensor of the module (battery pack) to detect the energy release; an air inlet (inlet port) coupled to the housing; an air outlet (outlet port) coupled to the housing (Figure 21, [0034-0036, 0071-0072, 0105, 0114]). Lynn further discloses a flow control device which may include a pump (122) and a compressor (192) coupled to at least one of the air inlet (inlet port) and the air outlet (outlet port) to actively manage the energy release detected by the sensor out of the housing for the preventing of the thermal runaway (Figure 21, [0037, 0140-0148]). From Figure 8 of Lynn it can be seen that the compressor (192) is coupled to the inlet (inlet port) via evaporator (134), valves (126), pumps (122), and heat exchanger (131) (Figure 8).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to implement the flow control device configuration of Lynn in the flow control device of modified Wu such that the compressor is coupled to the air inlet, as such a configuration is known in the art as suitable for a thermal runaway mitigation system in a battery module, as taught by Lynn. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 6 are met.
Regarding Claim 8 (Dependent Upon Claim 6):
Wu as modified by Cao, Nakanishi, and Lynn discloses the system of Claim 6 as set forth above. Upon the modification detailed above in the rejection of Claim 1, modified Wu discloses that the flow control device may be a compressor and a pump. Wu further discloses that the flow control device (fan, 1421) may be powered by a dedicated power source (auxiliary power supply) (Figure 3, [0063]). Thus, all of the limitations of Claim 8 are met.
Response to Arguments
Applicant’s arguments, filed 01/30/2026, with respect to the rejection of Claims 1-8 and 10-13 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Wu et al. (CN 114284614 A), Cao (US 12,199,259 B1), Nakanishi et al. (US 4,595,642), Dietz et al. (US 2023/0058396 A1), and Lynn et al. (US 2021/0053689 A1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.E.F./Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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