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 .
Election/Restrictions
Applicants’ election without traverse of Group I (claims 1-13, 19, and 20) in the reply filed on December 26, 2025 is acknowledged.
Drawings
Figure 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “260-1” (Figure 6). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in paragraph [0060], 6th line, add “200” after “battery apparatus”. Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 5 recites the limitation “specific gas” that is absent from the specification.
Claim Objections
Claims 6 and 20 are objected to because of the following informalities:
In claim 6, 6th line, delete “at” before “second” for clarity.
In claim 20, 2nd line, delete either one of “to” or “inside” after “fastened” for clarity.
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 1-13, 19, and 20 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 1 recites the limitation "the outside" in the 14th line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to replace “the” with “an” to obtain proper antecedent basis. Since claims 2-13 depend from claim 1, these claims are rejected under 35 USC 112(b) for the same reason.
With regard to claim 5, the limitation “specific gas” is not only absent from the originally filed specification (in referring to the objections to the specification above), but also the term “specific” renders the claim indefinite, as it is unclear whether the term “specific” would refer to a “certain” type of gas (e.g. air, oxygen, nitrogen, carbon dioxide etc.) or that the gas is only present therein (per the use of “at least one gas sensor”, as claimed). Does the “at least one gas sensor” detect a type of “specific” (or “certain”) gas, or only that any gas (e.g. air) is present? For purposes of examination, the “at least one gas sensor” is interpreted as detecting air as its specific gas. Correction and clarification are required.
Claim 6 recites the limitation "the second region" in the 2nd line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested either a) to replace “the” with “a” before “second region”, or b) to change claim dependency from “claim 1” to “claim 2”, to obtain proper antecedent basis.
Claim 6 recites the limitation "the inside" in the 3rd line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to replace “the” with “an” to obtain proper antecedent basis.
Claim 6 recites the limitation "the first region" in the 5th line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested either a) to replace “the” with “a” before “first region”, or b) to change claim dependency from “claim 1” to “claim 2”, to obtain proper antecedent basis.
Claim 11 recites the limitation "the battery module" in the 4th line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to replace "the battery module" with "the at least one battery module" to obtain proper antecedent basis with "at least one battery module" in the 3rd line of independent claim 1.
Claim 11 recites the limitation "the battery module" bridging the last two lines. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to replace "the battery module" with "the at least one battery module" to obtain proper antecedent basis with "at least one battery module" in the 3rd line of independent claim 1.
Claim 19 recites the limitation "the outside" in the last line. There is insufficient antecedent basis for this limitation in the claim. In this instance, it is suggested to replace “the” with “an” to obtain proper antecedent basis. Since claim 20 depends from claim 19, claim 20 is also rejected under 35 USC 112(b) for the same reason.
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
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.
Claims 1-7, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 460 946 A, of which a copy of this document was provided with the Information Disclosure Statement dated September 6, 2024, and further in view of Imamura et al. (JP 2021026842 A), of which a complete copy of the Japanese document with a machine translation is provided with this Office Action (see PTO-892).
Regarding independent claims 1 and 19, as well as claim 4, GB ‘946 discloses a battery apparatus of an energy storage device (abstract; pages 8-12 and 15-17; and Figures 1, 2, and 7), in which the battery apparatus includes the following structural features:
at least one battery module (10) disposed in a protection housing (storage chamber (2)) – see the last paragraph on page 8 through the 1st paragraph on page 9; and Figures 1 and 7;
a first exhaust assembly (louver (24)) that is disposed on the protection housing (2) – see the 2nd full paragraph on page 10 through the end of the paragraph bridging pages 11 and 12; and Figures 1, 2, and 7; and
a second exhaust assembly (louver (34) adjacent a plurality of fans (33a) of a fan unit (33) on an outlet side) that is disposed on the protection housing (2) – see the last full paragraph on page 11; and Figures 1, 2, and 7.
Although GB ‘946 discloses a control unit (4) coupled to the protection housing (2), wherein the control unit (4) senses a detection signal from a gas sensor (19a) for detecting gas leaked during abnormal operation of battery cells, thus being operable to detect whether or not gas has leaked (see the last full paragraph on page 15; and Figure 1), GB ‘946 does not explicitly disclose that the control unit is configured to control the first exhaust assembly and the second exhaust assembly to be in either a first state or a second state, wherein the first state is when first gas outside the protection housing is intook into the protection housing, and wherein the second state is when second gas inside the protection housing is exhausted to an outside of the protection housing.
However, Imamura et al. (JP ‘842) disclose a battery device with a blower unit (abstract; pages 2-5 and 9 of machine translation under the heading DESCRIPTION-OF-EMBODIMENTS; and Figures 1-3, 9, 11, 15, 16, and 23), in which the battery device (1a) includes the following structural features:
a plurality of battery modules (3) within a housing (2);
a blower unit (7) comprising a fan (7m) that is operable to blow cooling air to the plurality of battery modules (3) from outside the housing (2) of the battery device (1a);
a control unit (9) that controls operation of the blower unit (7) to provide adjustable air volume or direction (see abstract) of the blower unit (7); and
a plurality of temperature sensors (10), each of which detects the temperature of a respective battery module (3), in the form of battery modules (3A,3B,3C,3B) within the housing (2), wherein
the temperature sensors (10) are configured to provide temperature information of each battery module (3) or (3A,3B,3C,3D) that would result in multiple (at least first and second) temperature values, such that the control unit (9) is configured to provide a command to the blower unit (7) to selectively provide cooling air to an individual battery module (3) based on at least one threshold temperature (sees Figures 9 and 23) as a “priority cooling mode” (as a first or second state – see page 3 of translation), or to provide cooling air to all battery modules (3) at once (in referring to battery modules (3A,3B,3C,3D) in Figures 1 and 3) as a “normal cooling mode” (as the other of the first or second state – see page 3 of translation).
In addition to providing cooling via the fan (7m) of the blower unit (7) from the outside the housing (2), each of the battery modules (3A,3B,3C,3D) includes a sub fan (7s) provided in a support member (50) thereof, wherein each sub fan (7s) is configured to selectively circulate air within the housing (2) adjacent a selected battery module (3A,3B,3C,3D) based on temperature information from each temperature sensor (10), for the purpose of normalizing temperature at desired threshold values by selectively providing cooling air to each battery module, in order to reduce temperature unevenness among the battery modules (see abstract; and page 3 of translation).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the control unit coupled to the protection housing (of which the housing includes a fan unit to discharge air through a second exhaust assembly, and with both first and second exhaust assemblies being disposed on the protection housing), as disclosed by GB ‘946, by using a control unit that controls operation of a blower unit via a fan from outside a housing to provide adjustable air volume or direction of the blower unit (with adjustable direction of the blower unit relating to air being intook into the housing or exhausted to outside the housing) and selectively from sub fans within the housing based on temperature information from temperature sensors at desired threshold values (wherein selectively providing cooling air establishes at least first and second states of cooling air flow), as taught by JP ‘842, in order to provide selective cooling to each battery module, thus reducing temperature unevenness among the battery modules (JP ‘842; abstract; and page 3 of translation).
Moreover, the energy storage device (with respect to independent claim 19) includes all features of the battery apparatus of independent claim 1 above (in view of the combined teachings of GB ‘946 and JP ‘842 discussed above), and since the energy storage device of GB ‘946 is operable to drive a hybrid railway vehicle shown in Figure 8 (see pages 17 and 18), the energy storage device further includes a converter (62) that is configured to convert an alternating current obtained by a power generator (61) into a direct current via the converter (62) – see page 18 of GB ‘946).
Regarding claims 2 and 20, GB ‘946 discloses an isolation baffle (vertical frame (1f)) fastened inside the protection housing (2), wherein the isolation baffle (1f) divides the protection housing (2) into a first region (front frame (1a)) and a second region (rear frame (1b)) that are in communication with one another, and further wherein the first exhaust assembly (24) and the second exhaust assembly (34) communicates with the second region (1b) and the first region (1a), respectively (see the last paragraph on page 8 through the 1st paragraph on page 9; and Figures 1 and 7).
Regarding claim 3, GB ‘946 discloses that each of the at least one battery module (10) passes through and is fastened to the isolation baffle (1f), wherein one part of each of the at least one battery module (10) is in the first region (1a), and wherein the other part of each of the at least one battery module (10) is in the second region (1b) – see the last paragraph on page 8 through the 1st paragraph on page 9; and Figures 1 and 7.
Regarding claim 5, although the combined teachings of GB ‘946 and JP ‘842 disclose and/or suggest the features of independent claim 1, as well as the plurality of temperature sensors and operation thereof of claim 4, neither GB ‘946 nor JP ‘842 explicitly discloses that “at least one gas sensor” detects a specific gas (also in referring to the 35 USC 112(b) rejection of the limitation “specific gas” above, of which “air” from cooling air flow is interpreted to be the specific gas) while functioning in a similar manner as that of the “at least one temperature sensor” of claim 4.
However, since the combined teachings of GB ‘946 and JP ‘842 disclose and/or suggest the combination of applicants’ claims 1 and 4 as it pertains to temperature detection and control thereof, and GB ‘946 includes that the control unit (4) is operable to sense a detection signal from a gas sensor (19a) for providing information of abnormal operation of the battery cells (13) within the at least one battery module (10), as shown in Figures 1, 6, and 7 (also see the 2nd full paragraph on page 15 of GB ‘946), one of ordinary skill in the art would have recognized that substitution of at least one temperature sensor (of JP ‘842) with at least one gas sensor (of which GB ‘946 discloses a gas sensor (19a)), as well as providing multiple gas sensors as in the same manner as temperature sensors, would have been deemed as simple substitution of one known element for another to obtain predictable results, as well as being obvious to try by choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)). See MPEP 2143. In this instance, the combined teachings of GB ‘946 and JP ‘842, in view of substitution of the temperature sensors with the gas sensors, would be further advantageous for detecting abnormal operation (see the 2nd full paragraph on page 15 of GB ‘946).
Regarding claim 6, GB ‘946 discloses that a second region (1b) is isolated from an inside of the protection housing (2) when the first exhaust assembly (24) is not in the first state and not in the second state, and wherein a first region (1a) is isolated from an inside of the protection housing (2) when the second exhaust assembly (34) is not in the first state and not in the second state.
Regarding claim 7, GB ‘946 discloses that the first exhaust assembly (24) and the second exhaust assembly (34) are disposed on different (opposite) surfaces of the protection housing (2), and wherein the surfaces are opposite faces (first member (20) and second member (30)) of the protection housing (2), as shown in Figures 1 and 7 (see the last paragraph on page 8 through the last full paragraph on page 11).
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 460 946 A in view of Imamura et al. (JP 2021026842 A), and further in view of Oono et al. (US 2020/0006821), cited in the Information Disclosure Statement dated September 6, 2024.
Regarding claims 8, 9, 11, and 12, although the combined teachings of GB ‘946 and JP ‘842 disclose and/or suggest the features of independent claim 1 and claim 2, neither GB ‘946 nor JP ‘842 explicitly discloses that the battery apparatus further comprises a heat dissipation channel comprising a first port and a second port provided through a housing of a control unit, wherein the first port is configured to communicate first gas from the first region into the second region, and wherein the second port is configured to communicate second gas from the second region into the first region.
However, Oono et al. disclose a power supply device that includes a battery apparatus having a plurality of battery modules (abstract; paragraphs [0006]-[0009], [0042]-[0056], and [0067]; and Figures 1-5, 7, 8, and 10), in which the battery apparatus having the plurality of battery modules (1) includes a plurality of cooling fans (5) that are arranged not only to blow cooling air into cooling gaps (3) between the battery modules (1) (defining a “first” region), but also to intake cooling air from a front plate (22) of a housing (rack main body (2)) through a control unit (in the form of a combination of electronic circuit (17) and communication circuit (18), defining a “second” region in Figure 5) to form a heat dissipation channel from an inlet (first) port (31A) in the front plate (22) and an outlet (second) port (4) adjacent a back plate (23) and including an air (exhaust) fan (35) at air outlet (28) in the top plate (25) of a second region that connects to the second port (4) to communicate gas through the battery modules (1) from a first region to a second region (see paragraph [0067]), for the purpose of providing cooling air sufficiently adjacent the control unit (17,18) and between battery modules (1) with fewer cooling fans to obtain more uniform cooling (see abstract; and paragraphs [0007] and [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the control unit coupled to the protection housing (of which the housing includes a fan unit to discharge air through a second exhaust assembly, and with both first and second exhaust assemblies being disposed on the protection housing), as disclosed by GB ‘946, by using a control unit that controls operation of a blower unit via a fan from outside a housing to provide adjustable air volume or direction of the blower unit (with adjustable direction of the blower unit relating to air being intook into the housing or exhausted to outside the housing) and selectively from sub fans within the housing based on temperature information from temperature sensors at desired threshold values (wherein selectively providing cooling air establishes at least first and second states of cooling air flow), as taught by JP ‘842, in order to provide selective cooling to each battery module, thus reducing temperature unevenness among the battery modules, and by further providing a heat dissipation channel comprising a first port and a second port provided through a housing of a control unit, wherein the first port is configured to communicate first gas from the first region into the second region, and wherein the second port is configured to communicate second gas from the second region into the first region, as disclosed by Oono et al., in order to provide cooling air sufficiently adjacent the control unit (17,18) and between battery modules (1) with fewer cooling fans to obtain more uniform cooling (Oono et al.; abstract; and paragraphs [0007] and [0009]).
Regarding claim 10, although the combined teachings of GB ‘946, JP ‘842, and Oono et al. disclose and/or suggest the features of the combination of claims 1, 2, and 8, none of GB ‘946, JP ‘842, and Oono et al. explicitly disclose the use of at least one first exhaust fan disposed in the heat dissipation channel, wherein the at least one first exhaust fan is configured to communicate first and second gases to and from first and second regions, respectively. However, one of ordinary skill in the art would have recognized that any one or more fans (33a) of a fan unit (33) on an outlet (exhaust) side (in Figure 1 of GB ‘946), sub fans (7s) of the battery modules (3A,3B,3C,3D) (in Figure 6 of JP ‘842), and/or cooling air (exhaust) fan (35) at air outlet (28) in the top plate (25) that connects to the second port (4) (in Figure 10 of Oono et al.), would have been readily provided to be located (with)in the heat dissipation channel disclosed by Oono et al., for the purpose of further enhancing cooling air flow (see paragraphs [0007] and [0009] of Oono et al.). Moreover, one of ordinary skill in the art would have recognized that substitution and/or addition of one cooling air (exhaust) fan at a particular desired location (of which cooling air fans are provided in multiplicity in each of JP ‘842, GB ‘946, and Oono et al.), would have been deemed as simple substitution of one known element for another to obtain predictable results, as well as being obvious to try by choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)). See MPEP 2143. In this instance, the predictable result and reasonable expectation of success would be improved cooling air flow to enhance heat dissipation in the battery apparatus.
Regarding claim 13, although the combined teachings of GB ‘946, JP ‘842, and Oono et al. disclose and/or suggest the features of the combination of claims 1, 2, and 8, including that GB ‘946 discloses an isolation baffle (vertical frame (1f)) fastened inside a protection housing (2), none of GB ‘946, JP ‘842, and Oono et al. explicitly disclose at least one third exhaust fan disposed on the isolation baffle. However, one of ordinary skill in the art would have recognized that any one or more fans (33a) of a fan unit (33) on an outlet (exhaust) side (in Figure 1 of GB ‘946), sub fans (7s) of the battery modules (3A,3B,3C,3D) (in Figure 6 of JP ‘842), and/or cooling air (exhaust) fan (35) at air outlet (28) in the top plate (25) that connects to the second port (4) (in Figure 10 of Oono et al.), would have been readily provided to be disposed on the isolation baffle of GB ‘946, for the purpose of further enhancing cooling air flow (see paragraphs [0007] and [0009] of Oono et al.). Moreover, one of ordinary skill in the art would have recognized that substitution and/or addition of one cooling air (exhaust) fan at a particular desired location (of which cooling air fans are provided in multiplicity in each of JP ‘842, GB ‘946, and Oono et al.), would have been deemed as simple substitution of one known element for another to obtain predictable results, as well as being obvious to try by choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)). See MPEP 2143. In this instance, the predictable result and reasonable expectation of success would be improved cooling air flow to enhance heat dissipation in the battery apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. US 2014/0360207 is also cited in PTO-892 as related art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. 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 file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN P KERNS/Primary Examiner, Art Unit 1735 March 18, 2026
Prosecution Insights