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 .
Claim Objections
Claim 1 is objected to because of the following informalities: recitation “a battery cooling system including a first conduit positioned adjacent at least one of battery or the battery housing” is believed to be in error for - - a battery cooling system including a first conduit positioned adjacent at least one of the battery or the battery housing - -
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 12, recitation “wherein the electrically-operable component includes a motor configured to drive the water pump such that the water can be recirculated out of and back into the water tank to drain the state of charge of the battery” contains new matter because:
i) according to Figs. 78-79 and [0228-0229], when the removable hand-line connection 1314 is fluidly coupled between the pump outlet port 1308 and inlet port 1511, the controller 1502 configured to operate the motor 1515 to drive pump 1304 to recirculate water out of and back into the tank 1306 to drain the state of charge of the battery experiencing the thermal event, wherein the pump outlet port 1308 in Figs. 78-79 is the pump outlet port 1308 for the battery cooling system as shown in Figs. 38-48;
ii) moreover, per [0230] and Fig. 79, a recirculation valve 1517 is configured to selectively deliver the water to the pump outlet port 1308 or the recirculation conduit 1519;
iii) furthermore, per [0165-0166 and 0171] and Figs. 38-48 the control system as claimed in claim 1 configured to deluge the battery housing by coupling the water pump (which is the pump 1304 as disclosed in Figs. 38-48) to the supply port (which is the pump outlet port 1308 as disclosed in Figs. 38-48) so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter (which is the rupture point 1302 or the burst valve 1322 in Figs. 38-48) in response to the onset of the battery thermal event being detected;
iv) therefore, if the water pump as claimed in claims 1 and 12 are the same water pump, the specification DOES support an electrified fire fighting vehicle, in response to the onset of the battery thermal event being detected, configured to either deluge the battery housing with a fluid using the battery cooling system by coupling the water pump to the supply port so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter and the fluid diverter opens or ruptures or recirculate the water out of and back into the water tank by using a motor to drive the water pump to drain the state of charge of the battery; but the specification DOES NOT support an electrified fire fighting vehicle, in response to the onset of the battery thermal event being detected, configured to both deluge the battery housing with a fluid using the battery cooling system by coupling the water pump to the supply port so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter and the fluid diverter opens or ruptures and recirculate the water out of and back into the water tank by using a motor to drive the water pump to drain the state of charge of the battery.
Therefore, if the water pump claimed in claim 12 refers to the water pump previously claimed in claim 1, according to the specification, claim 12 is NOT compatible with claim 1 and is rejected as new matter.
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, 3-9, and 11-14 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.
Regarding claim 1 and its dependent, the recitation “deluge the battery housing with a fluid using the battery cooling system by coupling the water pump to the supply port so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter and the fluid diverter opens or ruptures” is indefinite because it is unclear whether “a fluid” deluges the battery housing refers to i) only the water provided by the water pump; or ii) the water provided by the water pump and the coolant provided by the coolant pump (may raise 112a issue).
Regarding claim 12, the recitation “a water pump; and a water tank configured to store water; wherein the electrically-operable component includes a motor configured to drive the water pump such that the water can be recirculated out of and back into the water tank to drain the state of charge of the battery” is unclear whether term “a water pump” refers to i) the water pump previously claimed in claim 1 (new matter issue, see 112a rejection above); or ii) the coolant pump is a water pump; or iii) a water pump that is different from both of the water pump and the coolant pump previously claimed in claim 1; and it is further unclear whether the water being recirculated refers to the water deluges the battery housing.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends because ALL of the limitations in claim 14 is previously claimed in claim 1, and thus, claim 14 does not further limit the subject matter of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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.
Claims 1, 4, 7-8, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shively 10974724 in view of Ryder 20220407176.
Regarding claims 1 and 14, Shively teaches the invention as claimed: An electrified fire fighting vehicle (10, title) comprising:
an energy storage system (the battery pack 260, see Fig. 9 and col. 10, ll. 5-13) including a battery (one a plurality of battery cells comprised by 260, see col. 10, ll. 24-32) disposed within a battery housing (the common housing 262 for 260, Fig. 9 and col. 10, 5-13);
a battery cooling system (per col. 23, ll. 53-58, the battery pack may include a cooling system to reduce the battery temperature);
an electrically-operable component (such component may be a water pump for the water pumping system 140, see Fig. 16 and col. 18, ll. 56-65, front/back axle 252 and 254, Figs. 22-26 and col. 12, ll. 33-65, and/or engine accessories 290, e.g., compressor for cooling system, see Fig. 16 and col. 16, ll. 15-22 and ll. 35-40);
a control system (comprising a controller 510 and a battery management system 560 that connects to the controller 510, Fig. 16 and col. 17, ll. 15-55) configured to
detect the temperature (via battery sensors 536) of the battery of the energy storage system (260) during a charging session of the energy storage system (col. 19, ll. 53-63) with an external power supply (the external power station per col. 10, ll. 24-28); and
in response to the temperature of the battery of the energy storage system (260) being detected (see col. 19, ll. 53-63), stop accepting a charge from the external power supply (prevent charging, see col. 20, l. 60 to col. 21, l. 14, from the external power supply, see col. 10, ll. 24-30).
Shively does not teach a battery cooling system including a first conduit positioned adjacent at least one of battery or the battery housing, a coolant pump configured to selectively provide coolant to the first conduit, a second conduit positioned adjacent at least one of the battery or the battery housing, a water pump configured to selectively provide water to the second conduit, a supply port coupled to the second conduit, and a fluid diverter positioned along the second conduit; and
Said control system configured to detect an onset of a battery thermal event during said charging session of said energy storage system with said external power supply; and in response to the onset of the battery thermal event being detected, deluge the battery housing with a fluid using the battery cooling system by coupling the water pump to the supply port so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter and the fluid diverter opens or ruptures.
However, Ryder teaches an electrified vehicle (per [0149], system 100 in Figs. 1-7 is integrated within a battery and/or a hybrid electric vehicle) comprising:
a battery cooling system (comprising a plurality of conduits 150s corresponding to the plurality of trays 120s, see Fig. 6) including a first conduit (a first conduit positioned in a non-thermal-event tray 120, see annotated Fig. 6) positioned adjacent the battery (the battery in thermal event in Fig. 6), a coolant pump (a first pump that circulate fluid in the plurality of conduits 150 for cooling without popping out plugs 154, see Fig. 6 and [0067]) configured to selectively provide coolant (the cooling fluid flows through the first conduit 150 in the non-thermal-event tray 120, see annotated Fig. 6) to the first conduit (per [0067 and 0053], keep providing the cooling fluid to the non-thermal-event tray 120 in Fig. 6 to prevent heat propagation), a second conduit (the second conduit positioned in the-thermal-event tray 120, see annotated Fig. 6) positioned adjacent the battery (the battery in thermal event in Fig. 6), a water pump (the second pump, which is a dedicated pump 155 to increase the pressure of the cooling fluid in the conduit 151 to pop out plugs 154 in response of thermal event, see Fig. 6 and [0067], and per [0072], the cooling fluid is water) configured to selectively provide water (the cooling fluid flows through the second conduit 150 in the thermal-event tray 120 in annotated Fig. 6 and per [0072], the cooling fluid is water) to the second conduit (annotated Fig. 6), a supply port (annotated Fig. 6) coupled to the second conduit (annotated Fig. 6), and a fluid diverter (the hole on 150 that is plugged by 154, see annotated Fig. 6) positioned along the second conduit (see annotated Fig. 6); and
a control system (130) configured to: detect an onset of a battery thermal event (the precursor condition, see s110 in Fig. 8 and [0013]) during a charging session (per [0027 and 0045], sensor 113 monitors the temperature of the energy storage system 100 in real-time during nominal operation, i.e., charging is a nominal operation) of the energy storage system (100); and in response to the onset of the battery thermal event being detected ([0045]) deluge the battery housing (the thermal-event tray 120 in Fig. 6) with a fluid (the water that flows through the second conduit, see annotated Fig. 6 and [0067 and 0072]) using the battery cooling system (the second conduit 150 is part of the battery cooling system, see [0067]) by coupling the water pump (by activating the second water 155, see Fig. 6 and [0067 and 0072]) to the supply port (annotated Fig. 6) so that the water pump (the second water 155, see Fig. 6 and [0067 and 0072]) provides water to the second conduit (annotated Fig. 6) at a pressure that exceeds a pressure threshold (the threshold pressure per [0067]) of the fluid diverter (annotated Fig. 6) and the fluid diverter opens (by popping out the plug 154, see Fig. 6 and [0067]).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the disclosed but non-depicted battery cooling system of Shively to be the battery cooling system as taught by Ryder, such that
a battery cooling system including a first conduit positioned adjacent at least one of battery or the battery housing, a coolant pump configured to selectively provide coolant to the first conduit, a second conduit positioned adjacent at least one of the battery or the battery housing, a water pump configured to selectively provide water to the second conduit, a supply port coupled to the second conduit, and a fluid diverter positioned along the second conduit; and
a control system configured to: detect an onset of a battery thermal event during a charging session of the energy storage system with an external power supply; and in response to the onset of the battery thermal event being detected, deluge the battery housing with a fluid using the battery cooling system by coupling the water pump to the supply port so that the water pump provides water to the second conduit at a pressure that exceeds a pressure threshold of the fluid diverter and the fluid diverter opens or ruptures
in order to mitigate and prevent the spread of fires within the energy storage system (Ryder, [0002]).
Regarding claim 4, Shively in view of Ryder further teaches the control system (Shively’s 150 connects to 560 in Shively’s Fig. 16 and Ryder’s 130 in Ryder’s Fig. 1) is configured to activate an alerting device (Ryder’s alerting device to transmit the warning to an operator and/or fire department as taught by Ryder’s [0105 and 0108], e.g., Ryder’s display per Ryder’s [0149]) in response to the onset of the battery thermal event being detected (see Ryder’s [0105 and 0108]).
Regarding claim 7, Shively in view of Ryder further teaches wherein the alerting device (Ryder’s alerting device to transmit the warning to an operator and/or fire department as taught by Ryder’s [0105 and 0108], e.g., Ryder’s display per Ryder’s [0149]) is remote from the electrified fire fighting vehicle (Shively’s 10).
Regarding claim 8, Shively in view of Ryder further teaches wherein the alerting device (Ryder’s alerting device to transmit the warning to the operator as taught by Ryder’s [0105 and 0108], e.g., Ryder’s display per Ryder’s [0149]) is in a building proximate to (the remote monitoring system where Ryder’s operator is as taught by [0094], and Ryder’s operator is a maintain/monitor staff of the battery system as taught by Ryder’s [0109-0110]) where a charging station (Shively’s external power station per Shively’s col. 10, ll. 24-28) connected to the electrified fire fighting vehicle (when Shively’s 10 is plugged into the external power station to charge as taught by Shively’s col. 10, ll. 25-28) is located.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Shively 10974724 in view of Ryder 20220407176, and in further view of WEDDING 20220258649 and HARVEY 20230137717.
Regarding claim 3, Shively in view of Ryder further teaches the control system (Shively’s 150 connects to 560 in Shively’s Fig. 16 and Ryder’s 130 in Ryder’s Fig. 1) is configured to control a flow of electricity (by actively controlling Ryder’s respective switch 140 connects to a respective tray 120 as taught by Ryder’s Fig. 6 and [0069]) between the energy storage system (Shively’s battery pack 260 and Ryder’s battery pack 100 in Fig. 6) and the external power supply (Shively’s external power station per Shively’s col. 10, ll. 24-28) in response to in response to the onset of the battery thermal event (Ryder’s precursor condition 102 indicated by the sensed temperature as taught by Ryder’s [0071 and 0086]) being detected (by Shively’s temperature sensor 530 in Shively’s Fig. 16).
Shively in view of Ryder does not teach the electrified fire fighting vehicle is capable to reverse a flow of electricity and export energy back to the external power supply in response to said onset of said battery thermal event being detected.
However, WEDDING teaches an electrified fire fighting vehicle (vehicle 10 in Fig. 1 may be an electrified fire truck, per [0002]) comprising: an electricity power distribution system (the bidirectional electricity power system 40 of Fig. 2 having a charging port 70 of Fig. 1) configured to selectively connect/disconnect the energy storage system (30 comprising battery per [0096]) and an external power supply (charging station 72, Fig. 1); and a control system (28) configured to reversing a flow of electricity (direction 94, Fig. 2) and export energy from the energy storage system (30) back to the external power supply (72, see [0109]) according to different operation conditions ([0105]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Shively in view of Ryder with WEDDING’s electricity power distribution system, which is the bidirectional electricity power system, connected to the control system, such that
the electrified fire fighting vehicle is capable to reverse a flow of electricity and export energy back to the external power supply in response to the onset of the battery thermal event being detected
in order to reduce the risk of damage of electrical applications, components, and/or wiring of the vehicle as while as meet the electricity demands (WEDDING, [0006]).
It is noted, “apparatus claims, i.e. a control system capable to reverse a flow of electricity and export energy back to the external power supply in response to the onset of the battery thermal event being detected, cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed, i.e., reversing a flow of electricity and export energy back to the external power supply in response to the onset of the battery thermal event being detected, does not differentiate the claimed apparatus from a prior art apparatus, if the prior art apparatus teaches all the structural limitations of the claim, i.e. as taught by Shively in view of Ryder and WEDDING as discussed above, MPEP 2114(II).
Shively in view of Ryder and WEDDING does not teach the control system is configured to reverse a flow of electricity and export energy back to the external power supply in response to the onset of the battery thermal event being detected (when the control system is interpreted as a specifical purpose computer to perform the claimed function).
However, HARVEY teaches an electrified vehicle (per [0021], the battery-powered system 100 may be an electric vehicle or a hybrid electric vehicle comprising one or more electric and/or electronic components) comprising: the control system (106 in Fig. 5) is configured to reverse a flow of electricity and export energy back to the external power supply (the grid of the charging station per [0037]) in response to the onset of the battery thermal event being detected to drain a state of charge of the battery that is in the battery thermal event (see [0028-0029 and 0034-0035]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Shively in view of Ryder and WEDDING with HARVEY’s draining the state of charge of the battery in the thermal event, such that
the control system is configured to reverse a flow of electricity and export energy back to the external power supply in response to the onset of the battery thermal event being detected
in order to reduce or eliminate a risk of fire and explosion for an energy storage system comprising battery (HARVEY, [0005]).
Claims 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shively 10974724 in view of Ryder 20220407176, and in further view of Wang 20230166724.
Regarding claims 5-6, Shively in view of Ryder further teaches the control system (Shively’s 150 connects to 560 in Shively’s Fig. 16 and Ryder’s 130 in Ryder’s Fig. 1) is capable to activate (by selectively providing power from Shively’s battery pack 260) an alerting device including a light (Shively’s warning lights, which is one of Shively’s engine accessories receiving power from Shively’s 260, as taught by Shively’s col. 25, ll. 40-48, col. 16, ll. 15-22 and ll. 35-40) on the electrified fire fighting vehicle (Shively’s 10) in response to in response to the onset of the battery thermal event (Ryder’s precursor condition 102 indicated by the sensed temperature as taught by Ryder’s [0071 and 0086]) being detected (by Shively’s temperature sensor 530 in Shively’s Fig. 16).
It is noted, “apparatus claims, i.e., a control system capable to activate the altering device including the light on the electrified fire fighting vehicle in response to the onset of the battery thermal event being detected, cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed, i.e., activating the altering device including the light on the electrified fire fighting vehicle in response to the onset of the battery thermal event being detected, does not differentiate the claimed apparatus from a prior art apparatus, if the prior art apparatus teaches all the structural limitations of the claim, i.e. as taught by Shively in view of Ryder as discussed above, MPEP 2114(II).
Shively in view of Ryder does not teach wherein the control system is configured to activate said alerting device that is said light on said electrified fire fighting vehicle in response to the onset of the battery thermal event being detected (when the control system is interpreted as a specifical purpose computer to perform the claimed function).
However, Wang teaches an electrified vehicle (title) comprising: a control system (116) configured to activate an alerting device that is a light on the electrified vehicle (a vehicle alarm, e.g., flashing vehicle lights or sounding vehicle horn, see [0031 and 0039]) in response to the onset of the battery thermal event being detected (the thermal condition indicated by temperature/voltage of the battery 108, [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Shively in view of Ryder with Wang’s activating an altering device that is a light on the electrified vehicle in response to the onset of the battery thermal event being detected in order to prevent the thermal condition from continually escalate (Wang, [0015, 0031, and 0044]).
Regarding claim 9, Shively in view of Ryder does not teach said altering device is a portable user device.
However, Wang teaches a control system (116) configured to activate an alerting device that is a portable user device remote from the electrified vehicle (e.g., a cell phone belongs a user that is in the building /close to the garage and able to move the vehicle, see [0031 and 0039]) in response to the onset of the battery thermal event being detected (the thermal condition indicated by temperature/voltage of the battery 108, [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Shively in view of Ryder with Wang’s activating an altering device a portable user device in order to prevent the thermal condition from continually escalate (Wang, [0015, 0031, and 0044]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shively 10974724 in view of Ryder 20220407176, and in further view of HARVEY 20230137717.
Regarding claim 11, Shively in view of Ryder further teaches wherein the control system (Shively’s 150 connects to 560 in Shively’s Fig. 16 and Ryder’s 130 in Ryder’s Fig. 1) is capable to run the electrically-operable component (at least one of Shively’s water pump as taught by Shively’s col. 18, ll. 56-65, and/or Shively’s engine accessories 290 as taught by Shively’s col. 16, ll. 15-22 and ll. 35-40, and/or Ryder’s claimed coolant pump, which is the first pump that circulate coolant in the conduits 150 that are in the non-thermal-event trays 120s for cooling the batteries that are not in thermal event without popping out plugs 154 as taught by Ryder’s Fig. 6 and Ryder’s [0067 and 0053]) to drain a state of charge (by providing power to at least one of the claimed electrically-operable components from the energy storage system as taught by Shively’s col. 18, ll. 56-65, col. 16, ll. 15-22 and ll. 35-40 and Ryder’s [0077]) of the battery (one of Shively’s plurality of battery cells in Shively’s battery pack 260 as taught by Shively’s col. 10, ll. 24-32 that is detected being in the thermal event as taught by Ryder’s [0071 and 0086]) in response to the onset of the battery thermal event (Ryder’s precursor condition 102 indicated by the sensed temperature as taught by Ryder’s [0071 and 0086]) being detected (by Shively’s temperature sensor 530 in Shively’s Fig. 16).
It is noted, “apparatus claims, i.e., a control system capable to run the electrically-operable component to drain a state of charge of the battery in response to the onset of the battery thermal event being detected, cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed, i.e., running the electrically-operable component to drain a state of charge of the battery in response to the onset of the battery thermal event being detected, does not differentiate the claimed apparatus from a prior art apparatus, if the prior art apparatus teaches all the structural limitations of the claim, i.e. as taught by Shively in view of Ryder as discussed above, MPEP 2114(II).
Shively in view of Ryder does not teach wherein the control system is configured to run the electrically-operable component to drain a state of charge of the battery in response to the onset of the battery thermal event being detected (when the control system is interpreted as a specifical purpose computer to perform the claimed function).
However, HARVEY teaches an electrified vehicle (per [0021], the battery-powered system 100 may be an electric vehicle or a hybrid electric vehicle comprising one or more electric and/or electronic components) comprising: the control system (106 in Fig. 5) is configured to run the electrically-operable component (the system load 108 or dump load 110, wherein the system load 108 can be electric motor or cooling system of the electric vehicle or the hybrid electric vehicle, Fig. 5 and [0025-0026 and 0029]) to drain a state of charge of the battery (the battery in the thermal event, e.g., 104A in Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Shively in view of Ryder with HARVEY’s run the electrically-operable component (at least one of Shively’s water pump, Shively’s engine accessories 290, or Ryder’s claimed coolant pump) to drain a state of charge of the battery (HARVEY’s battery 104A in thermal event and Shively’s battery in the thermal-event tray 120 in Fig. 6) in response to the onset of the battery thermal event being detected in order to reduce or eliminate a risk of fire and explosion for an energy storage system comprising battery by depleting energy from the battery that is in the thermal event (HARVEY, [0005 and 0029]).
Regarding claim 12, Shively in view of Ryder and HARVEY further teaches a water pump (interpreted as claimed coolant pump, which is Ryder’s first pump that circulate coolant in Ryder’s conduits 150 that are in the non-thermal-event trays 120s for cooling the batteries that are not in thermal event without popping out plugs 154 as taught by Ryder’s Fig. 6 and Ryder’s [0067 and 0053], is a water pump as taught by Ryder’s [0072], in addition the claimed water pump, which is Ryder’s second dedicated pump 155 to increase the pressure of Ryder’s cooling fluid in Ryder’s conduit 151 that is in the thermal event to pop out plugs 154 in response of thermal event as taught by Ryder’s Fig. 6 and Ryder’s [0067]); and
a water tank (Ryder’s fluid storage tank at taught by Ryder’s [0072]) configured to store water (interpreted as the cooling fluid that flows through the conduits 150s that are in the non-thermal-event trays, see Ryder’s [0072 and 0053]);
wherein the electrically-operable component includes a motor (Ryder’s first pump that circulate coolant in Ryder’s conduits 150 that are in the non-thermal-event trays 120s as taught by Ryder’s Fig. 6 and Ryder’s [0067 and 0053], and such first pump is an electrical pump as taught by Ryder’s [0077], and thus, a motor is requires to drive such electrical pump, e.g., the motor as taught by HARVEY’s [0025]) configured to drive the water pump (Ryder’s first pump that is a water pump as taught by Ryder’s [0067, 0053, and 0072]) such that the water (interpreted as the cooling fluid that flows through the conduits 150s that are in the non-thermal-event trays, see Ryder’s [0072 and 0053]) can be recirculated out of and back into the water tank (Ryder’s fluid storage tank at taught by Ryder’s [0072]) to drain the state of charge (as taught by HARVEY’s [0025-0026 and 0029]) of the battery (Shively’s battery in thermal event as taught by Ryder’s Fig. 6 and [0067] and HARVEY’s battery 104A in thermal event).
Regarding claim 13, Shively in view of Ryder and HARVEY further teaches wherein: the battery is a first battery (the battery in the thermal event, which is Ryder’s first battery marked in Ryder’s annotated Fig. 6 and HARVEY’s battery 104A in HARVEY’s Fig. 5);
the energy storage system (Shively’s battery pack 260 comprising the plurality of batteries as taught by Shively’s col. 10, ll. 25-30) includes:
a second battery (the battery NOT in the thermal event, which is Ryder’s second battery marked in Ryder’s annotated Fig. 6 and HARVEY’s battery 104B in HARVEY’s Fig. 5) disposed with the battery housing (Shively’s common housing 262 for disposing Shively’s plurality of batteries as taught by Shively’s col. 10, ll. 5-15 and ll. 25-30);
a first switch associated with the first battery (the respective Ryder’s 140 in Ryder’s Fig. 6 associated with Ryder’s first battery in the thermal event marked in Ryder’s annotated Fig. 6 as taught by Ryder’s [0069 and 0099], and the respective HARVEY’s switch associated with HARVEY’s battery 104A in thermal event in HARVEY’s Fig. 5 inherited by HARVEY’s teaching of Fig. 5 and [0025-0028]); and
a second switch associated with the second battery (the respective Ryder’s 140 in Ryder’s Fig. 6 associated with Ryder’s second battery NOT in the thermal event marked in Ryder’s annotated Fig. 6 as taught by Ryder’s [0069 and 0099], and the respective HARVEY’s switch associated with HARVEY’s battery 104B Not in thermal event in HARVEY’s Fig. 5 inherited by HARVEY’s teaching of Fig. 5 and [0025-0028]); and
in response to the onset of the battery thermal event (Ryder’s precursor condition 102 indicated by the sensed temperature as taught by Ryder’s [0071 and 0086]) being detected (by Shively’s temperature sensor 530 in Shively’s Fig. 16) for the first battery (the battery in the thermal event, which is Ryder’s first battery marked in Ryder’s annotated Fig. 6 and HARVEY’s battery 104A in HARVEY’s Fig. 5), the control system (Shively’s 150 connects to 560 in Shively’s Fig. 16 and Ryder’s 130 in Ryder’s Fig. 1) is configured to disengage the second switch to disconnect the second battery from the electrically-operable component (as taught by HARVEY’s [0025-0028], the respective switch associated to HARVEY’s battery 104B Not in thermal event is disengaged to disconnect HARVEY’s battery 104B NOT in thermal event from HARVEY’s electrically-operable component 108 or 110 in HARVEY’s Fig. 5, which is at least one of Shively’s water pump as taught by Shively’s col. 18, ll. 56-65, and/or Shively’s engine accessories 290 as taught by Shively’s col. 16, ll. 15-22 and ll. 35-40, and/or Ryder’s claimed coolant pump, which is the first pump that circulate coolant in the conduits 150 that are in the non-thermal-event trays 120s for cooling the batteries that are not in thermal event without popping out plugs 154 as taught by Ryder’s Fig. 6 and Ryder’s [0067 and 0053]) such that the state of charge of the first battery (the battery in the thermal event, which is Ryder’s first battery marked in Ryder’s annotated Fig. 6 and HARVEY’s battery 104A in HARVEY’s Fig. 5) experiencing the battery thermal event is drained (as taught by HARVEY’s [0025-0026]).
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Response to Arguments
Applicant's arguments filed 01/27/2026 have been fully considered but they are moot because said arguments do not applied to the new embodiment of the combination of the previously applied references being used in the current office action, necessitated by amendment. Such new embodiment is the embodiment of Ryder that comprising pressure sensitive plugs 154s in Fig. 6 and a dedicated secondary water pump is activated by the control system in response to the detected thermal event of the battery in order to provide water to the conduit positioned in the thermal-event tray 120 at a pressure that exceeds a pressure threshold of the pressure sensitive plugs 154s, such that the fluid diverter comprising the pressure sensitive plugs 154s are opened by popping out the pressure sensitive plugs 154s as taught by Ryder’s [0067, 0053 and 0072], see the details in the rejection above.
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.
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/JINGCHEN LIU/ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741