DETAILED ACTION
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
Applicant’s election without traverse of Group I (i.e., claims 1-12) in the reply filed on 10/28/25 is acknowledged.
Applicant’s election without traverse of Species I-A-1 and I-B-1 (i.e., claims 3 and 6) in the reply filed on 01/13/26 is acknowledged. Further, applicant’s election of Species I-C-3 (i.e., claims 8-11) in the reply filed on 01/13/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). With respect to independent claim 1, upon consideration, the requirement to amend independent claim 1 is withdrawn as it is deemed to be a generic claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/18/25 and 09/04/25 was considered by the examiner.
Drawings
The drawings were received on 03/10/23.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “The disclose technology relates generally to”, etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It does not appear to capture the essence of the disclosed/claimed invention.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, 6 and 8-12 are rejected under 35 U.S.C. 102a1 as being anticipated by Song et al 2021/0359315.
As to claims 1, 3, 6:
Song et al disclose that it is known in the art to make a power module comprising a redox battery system including a plurality of battery cells electrically connected (0043-0044; 0026; 0037; see Claim 18; see Figure 1); a plurality of switchers/actuators connected to the plurality of battery cells (0039; 0045); a plurality of heaters and heat pathway (i.e., conduits) electrically connected to the switchers/actuators in order to dissipate heat and power/energy (0034; 0045; see Figure 1). In Song et al, as a result of the heat transfer phenomena, heat can be dissipated via by conduction encompassing heat transfer between solid components) as well as by convection encompassing heat transfer including a fluid such as ambient air.
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As to claims 8-11:
Song et al disclose a controller 88 electrically connected to the plurality of battery cells and switchers/actuators, and capable of sensing the SoC of the battery cells to selectively actuate/activate the switchers in response thereto (0034; 0038-0039; 0040; 0046; 0083). Song et al disclose the plurality of temperature sensors 60, 62, 70, 72 to measure the temperature of at least one battery cell (0034; 0038-0039; 0053); and controller 88 being configured to activate the actuators/switchers to heat a battery cell after determining that its temperature is below a threshold/predetermined temperature or after cooling at least one battery cell to a temperature lower than a threshold/predetermined temperature (0034; 0055).
As to claim 12:
Song et al disclose redox battery cells storing electrochemical energy in respective first/second electrolytes comprising first/second half cell comprising respective first/second electrolytes dissolved in respective first/second redox couple for undergoing respective first/second redox half reactions; an ion exchange membrane interposed therebetween (0026-0029; 0036-0037).
Thus, the present claims are anticipated.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al 2021/0359315 as applied to claim 1 above.
Song et al are applied, argued and incorporated herein for the reasons manifested supra. However, the preceding reference does not expressly disclose the heat channeled by heat conduits causing a temperature of the least one of the battery cells to reach 20-30 °C.
As to claim 2:
Song et al disclose controller 88 being configured to activate the actuators/switchers to heat a battery cell after determining that its temperature is below a threshold/predetermined temperature or after cooling at least one battery cell to a temperature lower than a threshold/predetermined temperature (0034; 0055). Thus, Song et al readily envision increasing temperature of the battery cells by using the controller to actuate the disclosed heaters for heating purposes.
However, the preceding reference does not expressly disclose the heat channeled by heat conduits causing a temperature of the least one of the battery cells to reach 20-30 °C.
In view of the above, it would have been within the ambit of a skilled artisan prior to the effective filing date of the claimed invention to heat the battery cells to reach 20-30 °C as instantly claimed by using the controller-actuated heaters disclosed because Song et al recognizes the temperature and/or heat treatment conditions as a variable which achieves a recognized result, thus, the claimed range of the temperature and/or heat treatment conditions results from the characterization as routine experimentation of an optimum or workable range. Accordingly, the temperature and/or heat treatment conditions is/are being construed as a result-effective variable. In re Aller 105 USPQ 233, 235; In re Hoeschele 160 USPQ 809, In re Antonie 195 USPQ 6 (MPEP 2144.05 IL Optimization of Ranges). Further, generally speaking, differences in temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Thus, it is prima-facie obvious to choose or select the specific temperature range and/or operating parameters. See MPEP 2144.05 Obviousness of Ranges.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
Prosecution Insights