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 .
Response to Amendment
The response filed on September 3, 2025 is acknowledged. Three pages of amended claims were received on 9/3/2025. Claims 1-2, 9-11, and 13-14 have been amended and Claims 4 and 12 have been cancelled. The claims have been amended such that the drawings and specification are no longer objected to. The claims have been amended to overcome previous claim objections and previous rejections under 35 U.S.C. 112(b) in the non-final rejection mailed 5/5/2025, however Claim 10 is now objected to and Claims 13-14 are now rejected under 35 U.S.C. 112(b) as noted below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/23/2025 and 11/6/2025 were filed after the mailing date of the non-final rejection mailed 5/5/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 10 is objected to because of the following informality:
In Claim 10 Lines 2-3, “the water spray system” should be revised to “the water spray subsystem” to ensure using terminology that is consistent with what is used elsewhere throughout the claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 is indefinite because Lines 1-3 state “wherein the controller is adapted to activate the dry chemical subsystem when the sensors detect a fire” and there is improper antecedent basis for “the sensors” in the claim. It is not clear if sensors were intended to be previously recited or not and what “the sensors” are part of. For the purpose of examination, Claim 13 Lines 1-3 will be interpreted to state “wherein the controller is adapted to activate the dry chemical subsystem when sensors detect a fire”.
Claim 14 is indefinite because Lines 1-3 state “wherein the controller is adapted to activate the water spray subsystem when the sensors detect thermal runaway of the one or more battery cells” and there is improper antecedent basis for “the sensors” in the claim. It is not clear if sensors were intended to be previously recited or not and what “the sensors” are part of. For the purpose of examination, Claim 14 Lines 1-3 will be interpreted to state “wherein the controller is adapted to activate the water spray subsystem when sensors detect thermal runaway of the one or more battery cells”.
Response to Arguments
Applicant’s arguments, see Pages 6-7, filed 9/3/2025, with respect to Claim 1 being rejected under 35 U.S.C. 103 have been fully considered and are persuasive. The declaration under 37 CFR 1.132 filed 9/3/2025 is sufficient to overcome the rejection of Claim 1 under 35 U.S.C. 103. The previous rejections under 35 U.S.C. 103 have been withdrawn.
Allowable Subject Matter
Claims 1-3 and 5-11 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to teach, disclose, or suggest, in combination with other limitations recited in independent Claim 1: “an ESS trailer, the ESS mounted on the ESS trailer” and “the dry chemical supply vessel mounted to the ESS trailer”.
As to Claim 1, US PGPUB 2022/0407174 A1 to Sandahl et al. (“Sandahl”) discloses a system (See #100 in Fig. 2) comprising:
an energy storage system (ESS) (See ESS #16 in Fig. 2 and See Paragraph 0037. The energy storage system is rack #16), the ESS including battery pods (See “Battery Rack 1” and “Battery Rack 2” in Fig. 2) and one or more battery cells disposed within the battery pods (See Fig. 2 showing at least three battery cells #19 in each battery pod);
a water spray subsystem (See Paragraphs 0035 and 0045 disclosing that fire suppression system #10 can have various fire suppression apparatuses #20 including a water and a chemical agent system, thus a water system of #10 is equivalent to a water spray subsystem) the water spray subsystem including:
a plurality of sprinkler nozzles (See Paragraph 0045 disclosing that #20 includes any nozzles or sprayers to couple with a tank to deliver agent to #16), the plurality of sprinkler nozzles mounted within the battery pods (See Paragraphs 0045, 0075, 0099);
a first fluid connection (See #840 in Fig. 5. See Paragraph 0092 disclosing that the system shown in Fig. 5 can be used in vehicle #11 of Fig. 2), the first fluid connection fluidly connecting the plurality of sprinkler nozzles to a pump package (See nozzles #842 in Fig. 5 which are fluidly connected to a pump package #850 via #840. Per Paragraph 0101, #850 can include a pump); and
a second fluid connection (See #834 in Fig. 5), the second fluid connection fluidly connecting the pump package to a water storage supply (#814, which per Paragraph 0094 is a tank that stores a fire suppressant agent. Per Paragraph 0088, the fire suppressant agent can be water).
Regarding Claim 1, in reference to the system of Sandahl as applied to Claim 1 above, Sandahl does not specifically disclose the system also comprising:
a dry chemical spray subsystem, the dry chemical spray subsystem including:
a dry chemical supply vessel, the dry chemical supply vessel mounted to the ESS trailer; and
a plurality of dry chemical distribution nozzles mounted within the battery pods, the dry chemical distribution nozzles fluidly connected to the dry chemical supply vessel by dry chemical distribution piping (See Paragraph 0045 disclosing that a liquid or dry chemical is sprayed onto #16 and See Paragraph 0093 disclosing that that powders can be used as fire suppressant agents, however Sandahl does not explicitly disclose a chemical spray subsystem being used in addition to a water spray subsystem).
However, KR-102050803-B1 to Lee et al. (“Lee”) discloses, in the same field of endeavor of fire extinguishing (See Machine Translation of Description Paragraph 0001), a system (See Fig. 1) comprising:
an energy storage system (ESS) (#10), the ESS including battery pods and one or more battery cells disposed within the battery pods (See Fig. 1 and See Machine Translation of Description Paragraph 0034);
a water spray subsystem (See Fig. 1 showing nozzles #112 which connect with #610, #630 and #620), the water spray subsystem including:
a plurality of sprinkler nozzles (#112, See Machine Translation of Description Paragraph 0032), the plurality of sprinkler nozzles mounted within the battery pods (See Fig. 1 and See Machine Translation of Description Paragraph 0043);
a first fluid connection (See Fig. 1 showing a line on #610 from #112 to #630); and
a second fluid connection (See Fig. 1 showing a line on #610 from #630 to #620), the second fluid connection fluidly connecting to a water storage supply (#620, See Machine Translation of Description Paragraph 0043); and
a dry chemical spray subsystem (See Fig. 1 showing nozzles #111 which connect with #530, #510, and #520), the dry chemical spray subsystem including:
a dry chemical supply vessel (#520, See Machine Translation of Description Paragraph 0042); and
a plurality of dry chemical distribution nozzles (#111) mounted within the battery pods (See Fig. 1 and See Machine Translation of Description Paragraph 0042), the dry chemical distribution nozzles fluidly connected to the dry chemical supply vessel by dry chemical distribution piping (#510, See Fig. 1 and See Machine Translation of Description Paragraph 0042).
Furthermore, Sandahl already discloses alternatively including a dry chemical spray subsystem (See Paragraphs 0045 and 0093).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Sandahl as applied to Claim 1 above such that it also includes a dry chemical spray subsystem, the dry chemical spray subsystem including: a dry chemical supply vessel a plurality of dry chemical distribution nozzles mounted within the battery pods, the dry chemical distribution nozzles fluidly connected to the dry chemical supply vessel by dry chemical distribution piping, since doing so would yield the predictable result of being able to quickly extinguish fire generated in metal of the battery cells (See Lee Machine Translation of Description Paragraphs 0023-0024) using a suitable fire suppressant (See Sandahl Paragraphs 0045 and 0093).
Regarding Claim 1, in reference to the system of Sandahl in view of Lee as applied above, Sandahl as modified by Lee does not disclose the system comprising an ESS trailer, the ESS mounted on the trailer, and the dry chemical supply vessel mounted to the ESS trailer (Paragraphs 0039-0041 of Sandahl disclose various types of vehicles, but a trailer is not disclosed).
US PGPUB 2024/0181926 A1 to Magnusson et al. (“Magnusson”) discloses a system (See Fig. 1) comprising an ESS trailer (#120), with an ESS (#170) mounted on the trailer (See Paragraph 0047, the ESS #170 powers #180 of the trailer #120).
However, the system of Magnusson is not used in the field of endeavor of fire extinguishing and does not include a dry chemical supply vessel mounted to the ESS trailer.
One having ordinary skill in the art before the effective filing date of the claimed invention would not be motivated to reconfigure the system of Sandahl in view of Lee as applied to Claim 1 above such that the system comprises an ESS trailer with the ESS mounted on the ESS trailer and the dry chemical supply vessel mounted to the ESS trailer as required by independent Claim 1, as making such a modification would change the overall configuration of the system of Sandahl in view of Lee and there is no prior teaching in Sandahl, Lee, Magnusson, or other prior art that indicates that making such a modification would be an obvious design choice without utilizing improper hindsight.
Claims 2-3 and 5-11 depend from Claim 1, therefore Claims 2-3 and 5-11 are also allowed.
Claims 13-14 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571)-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN EDWARD SCHWARTZ/Examiner, Art Unit 3752 November 17, 2025