Prosecution Insights
Last updated: April 19, 2026
Application No. 18/196,623

ENERGY STORAGE SYSTEM DEFLAGRATION AND THERMAL PROPAGATION MITIGATION

Final Rejection §103
Filed
May 12, 2023
Examiner
ONDREJCAK, ANDREW DOMENIC
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Caterpillar Inc.
OA Round
2 (Final)
31%
Grant Probability
At Risk
3-4
OA Rounds
3y 5m
To Grant
54%
With Interview

Examiner Intelligence

Grants only 31% of cases
31%
Career Allow Rate
4 granted / 13 resolved
-39.2% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
37 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 resolved cases

Office Action

§103
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 . Status of Claims Claims 2-4, 6-8, 11-16, and 18-20 are original. Claims 1, 5, 9-10, and 17 are amended. Therefore, claims 1-20 are currently pending and have been considered below. Information Disclosure Statement The amendment filed on 09/11/2025 has been entered. Applicant's amendment overcomes the following: Drawing objections 112(b) rejection 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. Claim(s) 1 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2022/0131199). Regarding claim 1, Zheng discloses a method (Fig. 3), comprising: receiving first information from a first sensor (Fig. 2 – “Hazardous Gas Sensor”), the first information indicative of a concentration of a gas present (Para. 0062 – “a hazardous gas sensor detects the hazardous gas concentration parameter”) within a container (Fig. 2, 2; Para. 0056 – “FIG. 2 is a schematic structural diagram of a container-type energy storage system”); determining, based on the first information, that the concentration is greater than or equal to a concentration threshold (Para. 0072 – “the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”); opening, based on determining that the concentration is greater than or equal to the concentration threshold, a vent (Fig. 2, 2041) in order to release the gas from the container (Para. 0072 – “Specifically, the ventilation system is turned on when any one of the following two conditions is met: 1) the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”; Para. 0075 – “Specifically, ventilation is evidently effective by turning on both the electric shutter 2041 and the fan 2042, and is also effective by merely turning on the electric shutter 2041”; Para. 0090 – “Step 304: Turn on the ventilation system if a hazardous gas concentration parameter detected by the sensor reaches a first gas concentration threshold”); receiving, a first one of second information from a second sensor (Fig. 2 – “Smoke Sensor”) or third information from a third sensor (Fig. 2 – “Temperature Sensor”), wherein: the second information is indicative of smoke present within the container (Para. 0084 – “the environmental smoke parameter reaches a second smoke concentration threshold”), and the third information is indicative of a temperature within the container that is greater than or equal to a threshold temperature (Para. 0084 – “the environmental temperature parameter reaches a second environmental temperature threshold”), and maintaining a fire suppression system in a deactivated state after receiving, and based on, the first one of the second information or the third information (Para. 0084 – “In step 301, it is determined to perform a fire protection process when any of the following conditions is met … (4) the environmental temperature parameter reaches a second environmental temperature threshold and the environmental smoke parameter reaches a second smoke concentration threshold”; The fire protection process is not activated until both conditions listed in (4) are met.); receiving a second one of the second information or the third information (Para. 0084; The fire protection process is activated when both conditions listed in (4) are met.); closing, based on receiving the second one of the second information or the third information, the vent (Para. 0087 – “Step 3022: Control the ventilation system to turn off” ); and activating, after receiving, and based on, the second one of the second information or the third information, the fire suppression system within the container (Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process… turn on a fire protection unit ”). Zheng does not explicitly disclose receiving, while the vent is in an open position, a first one of second information from a second sensor or third information from a third sensor. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include receiving, while the vent is in an open position, a first one of second information from a second sensor or third information from a third sensor because Zheng discloses opening the vent, based on determining that the concentration is greater than or equal to the concentration threshold, a vent in order to release the gas from the container (Para. 0072, 0075, 0090) and deactivating the vent after it is determined to perform a fire protection process (Para. 0084, 0087), and therefore one having ordinary skill in the art before the effective filing date of the claimed invention would recognize the limitation “while the vent is in an open position,” because the vent can be open prior to activating the fire suppression system, and the examiner finds that there is reasonable expectation of success, namely to prevent or extinguish a fire (Para. 0018, 0088). Regarding claim 5, Zheng discloses the method of claim 1, and further discloses wherein: the vent is closed after a predetermined period of time has elapsed (Para. 0091 – “turn off time”). without occurrence of the receiving one of the second information or the third information (Para. 0091; Para. 0076 – “sequentially control the ventilation system 204 to turn off the fan 2042 and the electric shutter 2041 when a condition for turning off the ventilation system 204 is met”; The closing of the vent is independent of the receiving one of the second information or the third information), and the vent is maintained in the open position after receiving the first one of the second information or the third information, and is closed after receiving the second one of the second information or the third information (Para. 0084, 0086-0087; The vent is maintained in the open position until after receiving both the first one of the second information or the third information and the second information or the third information, which then the vent closes when the fire suppression system activates.). Regarding claim 6, Zheng discloses the method of claim 1, and further discloses wherein the fire suppression system comprises one or more electrically activatable fire suppressant units (Fig. 2, 206), and wherein activating the fire suppression system comprises operating an electrical circuit (Fig. 2, Circuit between 206, 202, and 203.) coupled to the electrically activatable fire suppressant units to supply electrical power to the electrically activatable fire suppressant units (Para. 0060 – “If determining to perform a fire protection process, the environment control unit 203 instructs… turn on the fire protection unit 206.”). Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Jacoby (US 4,084,157). Regarding claim 2, Zheng discloses the method of claim 1, further comprising: activating, based on the receiving the first one of the second information or the third information, a first alarm mode of an alarm; and activating, based on the receiving the second one of the second information or the third information, a second alarm mode of the alarm (Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process… control an audible and visual alarm to ring out.”). Zheng does not disclose activating, based on the receiving the first one of the second information or the third information, a first alarm mode of an alarm. However, Jacoby teaches a prior art comparable smoke and heat detector alarm system (Fig. 1, 10) comprising activating, based on the receiving the first one of the second information (Col. 5: Ln. 7-28 – “smoke”) or the third information (Col. 4: Ln. 24-41 – “temperature”), a first alarm mode of an alarm (Col. 5: Ln. 7-28; Col. 4: Ln. 24-41; Sounding either 26 or 34.); and activating, based on the receiving the second one of the second information or the third information, a second alarm mode of the alarm (Col. 5: Ln. 37-43; Sounding both 26 and 34.). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (activating, based on the receiving the first one of the second information or the third information, a first alarm mode of an alarm; and activating, based on the receiving the second one of the second information or the third information, a second alarm mode of the alarm) as taught by Jacoby, into the method disclosed by Zheng to warn people when a relatively smoky fire did not generate sufficient heat, or wherein the heat of a fire builds up so quickly before sufficient quantities of smoke are generated to activate a usual smoke detection device and yielding the predictable result of activating an alarm when a fire is detected (Col. 2: Ln. 27-32). Claim(s) 3, 7-8, and 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Sandahl (US 2022/0401770). Regarding claim 3, Zheng teaches the method of claim 1, and further discloses wherein: the receiving the first information and the determining, based on the first information, that the concentration is greater than or equal to the concentration threshold are performed at least in part by a first controller (Fig. 2, 203), and the receiving the first one of the second information or the third information, the receiving the second one of the second information or the third information, and the activating the fire suppression system are performed at least in part by the first controller (Para. 0059-0060). Zheng does not the receiving the second one of the second information or the third information, and the activating the fire suppression system are performed at least in part a second controller separate from the first controller. However, Sandahl teaches a prior art comparable method (Fig. 7, 700) comprising receiving a first information (Fig. 7, 702; Para. 0094 – “sensor signals from air sampling detector 24a”) and the determining, based on the first information, that the concentration is greater than or equal to the concentration threshold (Fig. 7, {702, 704, 706}) are performed at least in part by a first controller (Fig. 3, 34; Para. 0051 – “Off-gas control panel 34 can be a controller including a processing circuit, a processor, and memory. In some embodiments, off-gas control panel 34 is configured to analyze the signals received from air sampling detector 24a and identify if off-gas is present in battery rack 16 or to determine the concentration of off-gas present in battery rack 16.”), and the receiving the first one of the second information (Para. 0099 – “feedback from smoke detector”; Fig. 7, 716) or the third information (Para. 0099 – “feedback from smoke detector”; Fig. 7, 716), and the activating the fire suppression system (Fig. 7, 710) are performed at least in part by a second controller (Fig. 3, 12; Para. 0071 – “fire panel 12 is configured to receive various sensor signals and determine if fire suppression apparatus 20 should be activated based on the received sensor signals. Any of the functionality of fire panel 12 as described herein with reference to FIG. 6 can be performed by off-gas control panel 34. For example, the functionality of fire panel 12 as described herein can be distributed across multiple devices (e.g., across fire panel 12 and off-gas control panel 34) or by a single controller.”) separate from the first controller. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include receiving the second one of the second information or the third information, and the activating the fire suppression system are performed at least in part a second controller separate from the first controller because Sandahl teaches the functionality of the first controller (12) can be distributed across multiple devices (e.g., across fire first controller (12) and the second controller (34)) (Para. 0071), and the examiner finds there would be reasonable expectation of success, namely to activate the fire suppression system when based on the second information or the third information (Para. 0071). Regarding claim 7, Zheng teaches the method of claim 1, but does not teach, wherein the determining that the concentration is greater than or equal to the concentration threshold is further based on reference information received from a reference sensor. However, Sandahl teaches a prior art comparable method (Fig. 7, 700) wherein determining that the concentration is greater than or equal to the concentration threshold is further based on reference information received from a reference sensor (Fig. 1, 24B; Para. 0038 – “fire suppression system 10 includes air sampling detector 24a and an air sampling detector 24b. In some embodiments, air sampling detector 24a is configured to monitor or sense the presence of off-gas emitted by battery cells (e.g., lithium-ion battery cells of battery rack 16)… In some embodiments, air sampling detector 24b is configured to perform or facilitate off-gas detection of ambient air (e.g., at a location a distance from battery rack 16) to provide a reference or a baseline off-gas concentration for fire panel 12”). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (wherein the determining that the concentration is greater than or equal to the concentration threshold is further based on reference information received from a reference sensor) as taught by Sandahl, into the method taught by Zheng to provide a reference or a baseline off-gas concentration and yielding the predictable result of determining that a concentration is greater than or equal to a concentration threshold. Regarding claim 8, Zheng teaches the method of claim 1, but does not teach, wherein the gas comprises hydrogen. However, Sandahl teaches a prior art comparable method (Fig. 7, 700) wherein the gas comprises hydrogen (Para. 0038; Air sampling detector 24a can be configured to draw samples of air/gas from within battery rack 16 and may analyze the samples to detect the presence or concentration of off-gas in the sample … in some embodiments, air sampling detector 24a is configured to detect the presence or concentration of any of a lithium-ion battery off-gas, … hydrogen). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the gas comprises hydrogen because Sandahl teaches that hydrogen is an off-gas, which may indicate that a fire is likely to occur in the near future (Para. 0035) and the examiner finds that there would be a reasonable expectation of success, namely receiving the first information indicative of a concentration of a gas present, wherein the gas comprises hydrogen. Regarding claim 10, Zheng discloses a system (Fig. 2, all structural elements), comprising: a gas detection system comprising a controller (Fig. 2, 203) and a gas sensor (Fig. 2 – “Hazardous Gas Sensor”), wherein the controller is configured to detect, via the gas sensor, a concentration of a gas within a container (Fig. 2, 2; Para. 0062 – “a hazardous gas sensor detects the hazardous gas concentration parameter”; Para. 0064 – “The environment control unit 203 can obtain the environmental parameter detected by each sensor.”), in order to determine whether the concentration meets or exceeds a threshold concentration (Para. 0072 – “the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”), and wherein the controller is configured to open a vent (Fig. 2, 2041) in response to detecting that the concentration meets or exceeds the threshold concentration (Para. 0072 – “Specifically, the ventilation system is turned on when any one of the following two conditions is met: 1) the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”; Para. 0075 – “Specifically, ventilation is evidently effective by turning on both the electric shutter 2041 and the fan 2042); and a smoke and temperature detection system comprising the controller, a smoke detector (Fig. 2 – “Smoke Sensor”), and a temperature sensor (Fig. 2 – “Temperature Sensor”), wherein the controller is configured to detect, via the smoke detector, a presence of smoke within the container (Para. 0084 – “the environmental smoke parameter reaches a second smoke concentration threshold”), wherein the controller is configured to detect, via the temperature sensor, a temperature that meets or exceeds a threshold temperature (Para. 0084 – “the environmental temperature parameter reaches a second environmental temperature threshold”), and wherein the controller is configured to maintain a fire suppression system within the container in a deactivated state based on detecting one of the presence of smoke or the temperature that meets or exceeds the threshold temperature (Para. 0084 – “In step 301, it is determined to perform a fire protection process when any of the following conditions is met … (4) the environmental temperature parameter reaches a second environmental temperature threshold and the environmental smoke parameter reaches a second smoke concentration threshold”; The fire protection process is not activated until both conditions listed in (4) are met.), and close the vent and activate the fire suppression system within the container in response to detecting both the presence of smoke and the temperature that meets or exceeds the threshold temperature (Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process… turn on a fire protection unit ”; Para. 0087 – “Step 3022: Control the ventilation system to turn off”). Zheng does not disclose wherein the gas detection system comprises a gas detection system controller and the smoke and temperature detection system comprises a smoke and temperature detection system controller. However, Sandahl teaches a prior art comparable system (Fig 1-3 & 6, 10; Fig. 4-5, 50 & 68; Para 0054), comprising: a gas detection system (Fig. 3, 34 & 24a; Fig. 5, 24a) comprising a gas detection system controller (Fig. 3, 34) and a gas sensor (Fig. 5, 24a; Para. 0064), wherein the gas detection system controller is configured to detect, via the gas sensor, a concentration of a gas within a container, in order to determine whether the concentration meets or exceeds a threshold concentration (Para. 0042, 0052; Clm. 11), and a vent (Fig. 4, 62; Para. 0060). a smoke and temperature detection system (Fig. 1, {12, 22 & 36}) comprising a smoke and temperature detection system controller (Fig. 1, 12), a smoke detector (Fig. 1, 22), and a temperature sensor (Fig. 1, 36), wherein the smoke and temperature detection system controller is configured to detect, via the smoke detector, a presence of smoke within the container (Para. 0043), wherein the smoke and temperature detection system controller is configured to detect, via the temperature sensor, a temperature that meets or exceeds a threshold temperature (Para. 0083), and wherein the smoke and temperature detection system controller (Fig. 3, 12) is configured to activate a fire suppression system within the container in response to detecting both the presence of smoke and the temperature that meets or exceeds the threshold temperature (Para. 0075). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the gas detection system comprises a gas detection system controller and the smoke and temperature detection system comprises a smoke and temperature detection system controller because Sandahl teaches the functionality of the smoke and temperature detection system controller (12) can be distributed across multiple devices (e.g., across the smoke and temperature detection system controller (12) and gas detection system controller (34)) (Para. 0071), and the examiner finds there would be reasonable expectation of success, namely to activate system in response to detecting both the presence of smoke and the temperature that meets or exceeds the threshold temperature (Para. 0071). Regarding claim 11, Zheng in view of Sandahl teaches the system of claim 10. Sandahl further teaches wherein the gas detection system controller is configured to notify the smoke and temperature detection system controller in response to detecting that the concentration meets or exceeds the threshold concentration (Para. 0071). Regarding claim 12, Zheng in view of Sandahl taches the system of claim 10. Sandahl further teaches an alarm (Fig. 1, {“Alert and Alarm communication” & 14, 16}) coupled with the smoke and temperature detection system controller (Fig.1, 12), wherein the smoke and temperature detection system controller is configured to activate the alarm in response to detecting one of the presence of smoke (Para. 0044 – “fire panel 12 can provide alert and/or alarm communications/signals to a building management system (BMS) 14 and/or emergency personnel 26. In some embodiments, the alert/alarm signals are generated by fire panel 12 based on … the smoke detection signals (e.g., based on the presence of airborne particulate matter, based on the concentration of airborne particulate matter, etc.) received from smoke detector 22, etc.”) or the temperature that meets or exceeds the threshold temperature (Para. 0044 – “Fire panel 12 can use the measured temperature to generate the alert/alarm signals”; Para. 0002 – “an increase in ambient temperature beyond a predetermined threshold value”). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (an alarm coupled with the smoke and temperature detection system controller, wherein the smoke and temperature detection system controller is configured to activate the alarm in response to detecting one of the presence of smoke or the temperature that meets or exceeds the threshold temperature) as taught by Sandahl, into the system disclosed by Zheng in view of Sandahl to alert a building management system (BMS) 14 and/or emergency personnel (Para. 0044-0045) and yielding the predictable result of notifying emergency personnel in response to detecting that a fire has occurred (Para. 0045). Regarding claim 13, Zheng in view of Sandahl teaches the system of claim 10. Zheng further discloses wherein, the gas detection system controller is configured to terminate a battery charge or discharge function that charges or discharges one or more batteries (Fig. 2, 201; Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process, instruct the battery management unit to turn off an outbound power supply from the energy storage battery”) within the container. Sandahl further teaches a controller configured to terminate a battery charge or discharge function that charges or discharges one or more batteries (Fig. 1, 16) in response to detecting that the concentration meets or exceeds the threshold concentration (Para. 0042 – “battery management system 18 can receive a command from fire panel 12 to shut down battery rack 16 in response to the off-gas in battery rack 16 exceeding the corresponding threshold value”; Para. 0098 – “step 714 includes operating battery racks 16 such the battery cells do not provide power to an end user or for an end use”). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (a controller configured to terminate a battery charge or discharge function that charges or discharges one or more batteries in response to detecting that the concentration meets or exceeds the threshold concentration) as taught by Sandahl, into the system taught by Zheng in view of Sandahl to prevent thermal runaway and combustion of the battery cells (Para. 0092) and yielding the predictable result of terminating the battery discharge when the concentration of gas meets or exceeds the threshold concentration (Fig. 7, 700; Para. 0098) Regarding claim 14, Zheng in view of Sandahl teaches the system of claim 10. Sandahl further teaches wherein the gas comprises a flammable gas (Para. 0038; Air sampling detector 24a can be configured to draw samples of air/gas from within battery rack 16 and may analyze the samples to detect the presence or concentration of off-gas in the sample … in some embodiments, air sampling detector 24a is configured to detect the presence or concentration of any of a lithium-ion battery off-gas, … hydrogen; Hydrogen is a flammable gas.). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the gas comprises hydrogen because Sandahl teaches that hydrogen is an off-gas, which may indicate that a fire is likely to occur in the near future (Para. 0035) and the examiner finds that there would be a reasonable expectation of success, namely receiving the first information indicative of a concentration of a gas present, wherein the gas comprises a flammable gas. Regarding claim 15, Zheng in view of Sandahl teaches the system of claim 10. Zheng further discloses the system further comprising the fire suppression system, wherein the fire suppression system comprises one or more electrically activatable fire suppressant units (Fig. 2, 206), and wherein the smoke and temperature detection system controller is configured to activate the fire suppression system by switching an electrical circuit (Fig. 2, Circuit between 206, 202, and 203.) coupled with the one or more electrically activatable fire suppressant units in order to supply power to the electrically activatable fire suppressant units (Para. 0060 – “If determining to perform a fire protection process, the environment control unit 203 instructs… turn on the fire protection unit 206.”). Regarding claim 16, Zheng in view of Sandahl teaches the system of claim 10. Sandahl further teaches wherein the gas sensor is positioned within an air intake (Para. 0017 –“Air Stream”) of a container ventilation system (Para. 0017 – “HVAC system”). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (wherein the gas sensor is positioned within an air intake (Para. 0017 –“Air Stream”) of a container ventilation system (Para. 0017 – “HVAC system”) as taught by Sandahl, into the system taught by Zheng in view of Sandahl to reduce a number of off-gas detectors (Para. 0017) and yielding the predictable result of detecting a gas concentration within the container. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Wu (US 2024/0342528). Regarding claim 4, Zheng teaches the method of claim 1, and further teaches wherein one or more batteries (Fig. 2, 201) are disposed within the container, and wherein the method further comprises terminating a discharge function of the one or more batteries (Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process, instruct the battery management unit to turn off an outbound power supply from the energy storage battery”). Zheng does not disclose wherein the one or more batteries are lithium-ion batteries and terminating at least one of a charge function or a discharge function of the one or more lithium-ion batteries based on determining that the concentration is greater than or equal to the concentration threshold. However, Wu teaches a prior art comparable method (Ti. – “Energy Storage System and Control Method Thereof”) comprising one or more batteries (Fig. 1, 110) are lithium-ion batteries (Para. 0049 – “the energy storage device 110 may be an energy storage battery, including but not limited to a ternary lithium battery”; A ternary lithium battery is a type of lithium-ion battery.) and terminating at least one of a charge function or a discharge function (Para. 0075 – “charging and/or discharging”) of the one or more lithium-ion batteries based on determining that the concentration is greater than or equal to a concentration threshold (Para. 0075 – “If the concentration of the flammable gas exceeds the second threshold, it indicates that thermal runaway occurs in the energy storage device 110 and a specific amount of flammable gas is released. The control apparatus 150 may turn off the main power circuit 190, to stop charging and/or discharging of the energy storage device 110”). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate one known element, namely one or more lithium-ion batteries, with a known function of storing and/or providing electrical energy, taught by Wu, by performing a simple substitution with another element, namely one or more batteries disclosed by Zheng yielding the predictable result of storing and/or providing electrical energy (Para. 0075). Additionally, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (terminating at least one of a charge function or a discharge function of the one or more lithium-ion batteries based on determining that the concentration is greater than or equal to the concentration threshold) as taught by Wu, into the system disclosed by Zheng to avoid further heating of the energy storage device which can lead to thermal runaway and to reduce release of flammable gas and reduce a temperature of the energy storage device (Para. 0075) and yielding the predictable result of terminating at least one of a charge function or a discharge function of the one or more lithium-ion batteries based on determining that the concentration is greater than or equal to the concentration threshold and reducing the release of flammable gas from the battery. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Gil (US 2002/0036090). Regarding claim 9 Zheng teaches the method of claim 1, but does not explicitly teach wherein receiving the third information comprises detecting a failure of an electrical circuit adapted to conduct an electrical current at temperatures below the threshold temperature and adapted to fail at temperatures substantially at or above the threshold temperature However, Gil teaches a prior art comparable method (Ti. – “Sprinkler Apparatus and Method for Controlling the Same”) comprising wherein receiving a third information (Para. 0012-0013 – “the self-diagnostic result and a temperature value sensed by the temperature sensing means”) comprises detecting a failure of an electrical circuit adapted to conduct an electrical current at temperatures below the threshold temperature (Para. 0040 – “The microcontroller C2 is further adapted to analyze the amount of current detected by the current supply/feedback circuit C1 and determine the presence of a fault in the thermal fuse F and an aged state thereof in accordance with the analyzed result”), and adapted to fail at temperatures at or above the threshold temperature (Clm. 22 recites “the thermal fuse melting under exposure to the second heat,” where the second heat is a threshold temperature.). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (receiving the third information comprises detecting a failure of an electrical circuit adapted to conduct an electrical current at temperatures below the threshold temperature and adapted to fail at temperatures substantially at or above the threshold temperature) as taught by Gil, into the method taught by Zheng to use the third information to determine if a threshold temperature has been reached and prevent the fire from being spread (Para. 0012-0013, 0040, 0061) and yielding the predictable result of determining if a threshold temperature has been reached and activating the system (Para. 0012). Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Wu (US 2024/0342528). Regarding claim 17, Zheng discloses a container (Fig. 2, 2; Para. 0056 – “FIG. 2 is a schematic structural diagram of a container-type energy storage system”), comprising: at least one battery (Fig. 2, 201) within an interior of the container (Fig. 2); an output (Para. 0069 – “an outbound power supply from the energy storage battery”) from which the at least one battery can be discharged; a ventilation system (Fig. 2, 204); and a fire hazard detection and suppression system (Fig. 2, {202-203, 205-209}), comprising: a gas detection system (Fig. 2, 203 & 205) configured to detect whether a concentration of a gas meets or exceeds a threshold concentration (Para. 0072 – “the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”), wherein the gas detection system is configured to activate the ventilation system in response to detecting that the concentration of the gas meets or exceeds the threshold concentration (Para. 0072 – “Specifically, the ventilation system is turned on when any one of the following two conditions is met: 1) the hazardous gas concentration parameter detected by the sensor reaches the first gas concentration threshold”); a smoke and temperature detection system (Fig. 2, {202, 206}) configured maintain a fire suppression system within the container in a deactivated state based on detecting, one of a presence of smoke or a temperature that meets or exceeds a threshold temperature (Para. 0084 – “In step 301, it is determined to perform a fire protection process when any of the following conditions is met … (4) the environmental temperature parameter reaches a second environmental temperature threshold and the environmental smoke parameter reaches a second smoke concentration threshold”; The fire protection process is not activated until both conditions listed in (4) are met.), and activate the fire suppression system within the container, in response to detecting, subsequent to the detecting that the concentration of the gas meets or exceeds the threshold concentration, both a presence of smoke and a temperature that meets or exceeds a threshold temperature (Para. 0086 – “Step 3021: When the determining result is to perform a fire protection process… turn on a fire protection unit ”; Para. 0087 – “Step 3022: Control the ventilation system to turn off”). Zheng does not disclose an input from which the at least one battery can be charged; wherein the gas detection system is configured to activate the ventilation system and terminate charge and discharge of the at least one battery in response to detecting that the concentration of the gas meets or exceeds the threshold concentration; maintain a fire suppression system within the container in a deactivated state based on detecting, subsequent to the detecting that the concentration of gas meets or exceeds the threshold concentration one of a presence of smoke or a temperature that meets or exceeds a threshold temperature. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to maintain a fire suppression system within the container in a deactivated state based on detecting, subsequent to the detecting that the concentration of gas meets or exceeds the threshold concentration one of a presence of smoke or a temperature that meets or exceeds a threshold temperature because Zheng discloses activating the ventilation system in response to detecting that the concentration of the gas meets or exceeds the threshold concentration (Para. 0072) and deactivating the ventilation system after it is determined to perform a fire protection process (Para. 0084, 0087), and therefore one having ordinary skill in the art before the effective filing date of the claimed invention would recognize the limitation “subsequent to the detecting that the concentration of gas meets or exceeds the threshold concentration” because the ventilation system can be turned on prior to activating the fire suppression system, and the examiner finds that there is reasonable expectation of success, namely to prevent or extinguish a fire (Para. 0018, 0088). Furthermore, Wu teaches a prior art comparable device (Ti. – “Energy Storage System”) comprising an input (Fig. 4, 190) from which the at least one battery (Fig. 1, 110) can be charged (Para. 0062), wherein a controller (Fig. 4, 150) is configured to activate a ventilation system (Fig. 1, 140) and terminate charge in response to detecting that the concentration of the gas meets or exceeds the threshold concentration (Para. 0075 – “when the flammable gas concentration exceeds the first threshold or the second threshold, both operations triggered after the two thresholds are exceeded may be performed, to be specific, the main power circuit 190 is turned off and an operation related to the ventilation apparatus 140 is performed”). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (an input from which the at least one battery can be charged; wherein the gas detection system is configured to activate the ventilation system and terminate charge and discharge of the at least one battery in response to detecting that the concentration of the gas meets or exceeds the threshold concentration) as taught by Wu, into the container disclosed by Zheng to reduce an occurrence possibility of the fire (Para. 0007), store energy (Para. 0062), and reduce release of flammable gas and reduce a temperature of the energy storage device (battery) (Para. 0075), which yields the predictable result of activating the ventilation system, storing energy, and terminating the charging of the battery. Regarding claim 18, Zheng in view of Wu teaches the container of claim 17. Zheng further discloses wherein the gas detection system is configured to activate the ventilation system by causing the ventilation system to open an economizer damper (Fig. 2, 2041; Para. 0060, Para. 0075 – “Specifically, ventilation is evidently effective by turning on both the electric shutter 2041 and the fan 2042”). Regarding claim 19, Zheng in view of Wu teaches the container of claim 17. Zheng further teaches, the container further comprising an alarm (Fig. 2, 208), wherein the smoke and temperature detection system is further configured to activate the alarm in response to the detecting both the presence of smoke and the temperature that meets or exceeds the threshold temperature (Para. 0069 – “If determining to perform a fire protection process, the environment control unit 203 instructs the battery management unit 202 to turn off the outbound power supply from the energy storage battery 201, turn on the fire protection unit 206, and control the audible and visual alarm unit 207 to start an audible and visual alarm”; Para. 0066 ). Zheng in view of Wu does not explicitly teach the alarm on an exterior of the container.                However, Zheng discloses that the alarm is an audible and visual alarm which is disposed outside the container (Para. 0057). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the alarm on an exterior of the container to allow for easy visibility of the alarm with a reasonable expectation of success. Furthermore, the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950): Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.” MPEP § 2144.04-VI-C. Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either design, these modifications are a matter of design choice. Absent a teaching as to criticality of an alarm on an exterior of the container (Para. 0024, 0053), this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Sandahl and Porterfield (US 2024/0204271). Regarding claim 20, Zheng in view of Sandahl teaches the container of claim 17, but does not explicitly teach, wherein fire suppression system comprises one or more electrically activatable fire suppressant units adapted to spray an ionized potassium fire suppressant. However, Porterfield teaches a prior art comparable device (Ti-–“Battery Outgassing Detector”) wherein a fire suppression system (Fig. 2, 100) comprises one or more electrically activatable fire suppressant units (Fig. 2, {114, 116 & 118}; Para. 0035 ) adapted to spray an ionized potassium fire suppressant (Para. 0198-0199 describes the fire suppressant (902) comprising “potassium bicarbonate” (904), which is an ionized potassium fire suppressant ). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (one or more electrically activatable fire suppressant units adapted to spray an ionized potassium fire suppressant) as taught by Porterfield, into the system taught by Zheng in view of Sandahl to allow for the system to respond to a second latent fire event (Porterfield: Para. 0049) with an environmentally fire suppressant (Para. 0212) and yielding the predictable result of suppressing a fire. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 ANDREW DOMENIC ONDREJCAK whose telephone number is (571)270-5465. The examiner can normally be reached Mon - Fri 8:00-5:00 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur 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. 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. /ANDREW DOMENIC ONDREJCAK/Examiner, Art Unit 3752 January 21, 2026 /TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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Prosecution Timeline

May 12, 2023
Application Filed
Jun 10, 2025
Non-Final Rejection — §103
Sep 05, 2025
Examiner Interview Summary
Sep 05, 2025
Applicant Interview (Telephonic)
Sep 11, 2025
Response Filed
Jan 21, 2026
Final Rejection — §103
Mar 25, 2026
Examiner Interview Summary
Mar 25, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12544609
Protective Cover and Installation Tool for Fire Protection Sprinklers
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
31%
Grant Probability
54%
With Interview (+22.7%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 13 resolved cases by this examiner. Grant probability derived from career allow rate.

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