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 . The instant application with Application Number 17/912,047 filed on 09/16/2022 is presented for examination. The instant application with Application Number 18/101,994 filed on 01/26/2023 is presented for examination.
Information Disclosure Statement
The information disclosure statement filed 01/26/2023 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials and … The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-4, 6-8, 10-11, 14, 16 and 18-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Tong (WO 2021/111313).
With respect to claim 1, Tong discloses a modular power system (See Fig. 1, D-E; para. # 119) comprising: a power station (Para. # 002/003); a first rigid frame configured to house the power station (Fig. 1D, 1100 or Fig. 4, 230: para. # 121-124) ; a second rigid frame configured to engage the first rigid frame (Fig. 4, 240; Para. # 1221-123); a first battery configured to be mounted proximate to the power station and housed in the second rigid frame (Fig. 1E, 1200: battery modules);
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a bottom frame engaging the first rigid frame and comprising a transportation element (Fig. 4, 240 that holds the wheels, at least ,one of the transporting elements); and a top frame engaging the second rigid frame (Fig. 4, 230).
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With respect to claim 2, Tong discloses the modular power system as described above, wherein Tong further discloses the modular power system is configured such that the first rigid frame and the second rigid frame form a gap between the power station and the first battery when the first battery is mounted proximate to the power station (Fig. 1, ‘battery module A’ is proximity to the main power part 1100: Para. # 121-123: first housing portion is an upper housing portion 230 which comprises the top portion and the peripheral portion, and the example second housing portion is a lower housing portion 240 which comprises the bottom portion).
With respect to claim 3, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the power station comprises an inverter (Para. # 061: the power supply apparatus may comprise AC power output or a plurality of AC power outputs. To provide the AC power output, a DC-AC inverter or a plurality of DC-AC inverters is provided).
With respect to claim 4, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the power station comprises a second battery (See reproduced Fig. 1D, second and more battery: Module A-D).
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With respect to claim 6, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the second battery comprises at least one of an iron-air, a nickel-iron or a lithium-ion battery (Para. # 067: Currently, lithium-ion rechargeable 18650 cylindrical batteries used).
With respect to claim 8, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the first battery is configured to be electronically connected to the power station (Para. # 215: the second contact tab is proximal to and exposed on the second module surface and is in physically and electrically joined with the second battery terminal).
With respect to claim 10, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the power station and the first battery are configured to be charged using at least one of alternating current (AC) power and solar energy (Para. # 048: so that the battery assembly can be charged by an external power source. When the apparatus is connected to the external power source, which is for example an AC mains supply, the AC-DC).
With respect to claim 11, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the power station comprises one or more power ports (Para. # 028: input port, a power output port and an AC-DC converter interconnecting the power input port and the power output port; and a power output module comprising a power input port, a power output port and an DC-DC converter interconnecting the power input port and the power output port).
With respect to claim 14, Tong discloses the modular power system as described above, wherein Tong further discloses wherein: the top frame is removable; and a second battery is mounted proximate to the power station and the first battery by: removing the top frame from the first rigid frame; stacking the second battery on top of the first battery; and re-attaching the top frame to a third rigid frame of the second battery (See Para. # 063: module housing comprises a base housing portion and an upper housing portion which cooperate with the base portion to define, along a longitudinal direction defined by a longitudinal axis, a first compartment which is an electronics compartment in which electronic circuitries configured for control and monitoring conditions local to the battery module are installed, a second compartment which is a battery compartment in which the ensemble of battery units is received).
With respect to claim 16, Tong discloses the modular power system as described above, wherein Tong further discloses wherein the top frame comprises at least one of a hoist hook and one or more sling holes (Para. # 155-156: a first link portion 116a, a second link portion 116b and an intermediate link portion 116c interconnecting the first link portion and the second link portion).
With respect to claim 18, Tong discloses a modular power system (See Fig. 1, D-E; para. # 119) comprising: a power station (Para. # 002/003); comprising an inverter (Para. # 061: provide the AC power output, a DC-AC inverter or a plurality of DC-AC inverters); a first rigid frame configured to house the power station (Fig. 1D, 1100 or Fig. 4, 230: para. # 121-124); a bottom frame comprising a transportation element and interlocking to the first rigid frame (Fig. 1E, 1200: battery modules); and a top frame interlocking to the first rigid frame opposite the bottom frame (See reproduced Fig. 4, below- first housing top and second housing opposite and down).
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With respect to claim 19, Tong discloses the modular power system as described above, further Tong discloses wherein at least one of the first rigid frame, the bottom frame, and the top frame removably interlocks with at least the other of the first rigid frame, the bottom frame, and the top frame (Para. # 031: a top portion having a top panel 1102, a bottom portion having a bottom panel 1104, and a peripheral wall 1106 interconnecting the top portion and the bottom portion. The top panel, and include a rigid rack frame…; the rack frame may comprise slotted vertical columns for the modules, etc.).
With respect to claim 20, Tong discloses the modular power system as described above, further Tong discloses further comprising: a first battery configured to be mounted proximate (Fig. 1D, 1100 or Fig. 4, 230: para. # 121-124) to and electronically connected to the power station (Para. # 002/003); and a second rigid frame configured to house the first battery(Fig. 1E, 1200: battery modules), wherein the modular power system is configured such that the first rigid frame and the second rigid frame form a gap between the power station and the first battery when the first battery is mounted proximate to the power station (Para. # 03, 121-123: first housing portion is an upper housing portion 230 which comprises the top portion and the peripheral portion, and the example second housing portion is a lower housing portion 240).
Claim Rejections - 35 USC § 103
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.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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 pre-AIA 35 U.S.C. 103(a) are summarized as 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 7, 9, 12-13, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tong as described above in view of O’Hora (US 2017/0279170).
With respect to claims 5 and 9, Tong discloses the modular power system as described above.
Tong, however, does not expressly disclose the second battery or the first battery comprises 5,000 Watts.
O’Hora, on the other hand, discloses the second battery comprises 5,000 Watts (See Para. # 0037: allows high capacity, between 1-20KWh; which means form 1000-20, 000 watts (20Kw/h).
TONG and O’Hora are analogous art because they are from the same field of endeavor namely power supply apparatus and portable modular energy storage system.
At the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to have modified a medium battery output module of Tong by the high-capacity battery of O’Hora for the benefit of powering more appliances and devices at the same time.
With respect to claim 7, the combined references of Tong and O’Hora disclose the modular power system as described above, wherein O’Hora further discloses wherein the second battery comprises a fuel cell (Para. # 0038: battery submodules may contain battery cells that can vary according to evolving battery technologies, including lithium ion, carbon nanotubes, or potentially even next generation fuel-cells).
With respect to claims 12 and 13, the combined references of Tong and O’Hora disclose the modular power system as described above, wherein O’Hora further discloses rigid frame comprises one or more second interlocking struts and interlocking struts (Para. # 0078, 0104:an interlock and other framing materials can ensure smart enclosure).
With respect to claim 15, the combined references of Tong and O’Hora disclose the modular power system as described above, wherein Tong further discloses wherein the top frame may comprise slotted vertical column or two adjacent side walls have hexagonal-shaped or could be any shapes such as dome shape (Para. # 031, 082).
With respect to claim 17, the combined references of Tong and O’Hora disclose the modular power system as described above, wherein O’Hora further discloses further comprising a foldable handle (Para. # 0041: also include a housing, referred to herein as a “first housing,” and/or a handle 116. The handle 116 and the housing combine to make each SEC a removable, modular unit that can be readily removed from the power system).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YALKEW FANTU whose telephone number is (571)272-8928. The examiner can normally be reached Monday-Friday 7:00AM-4:00PM.
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/YALKEW FANTU/Primary Examiner, Art Unit 2859
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